27 August 2025 · Planning Committee (signed by Presenting Officer Mr Peiran Shen at meeting; formal decision by Director of Planning and Building Control J Chance)
Ballacroak Farm, Mullinaragher Road, St. Marks, Ballasalla, Isle Of Man, IM9 3aq
The proposal involves building a two-storey L-shaped house with a pitched-roof main section, flat-roof extension, subterranean garage/swimming pool/entertainment area, driveway, gateway, attenuation pond, landscaping with Manx banks, wild meadows, gardens, solar panels, air source heat pumps and bat/sparrow/swallow box…
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The proposal was assessed as a new dwelling in the countryside lacking agricultural need, failing Housing Policy 7, but accepted as a one-time exception under General Policy 3 due to prior approval PA…
Strategic Policy 2 - Priority for new development to identified towns and villages
Requires developments only in defined settlements unless complying with General Policy 3 exceptions. Proposal in countryside accepted via exception for previously developed land with redundant farm buildings, now reducing landscape impact via completion.
Spatial Policy 5
Echoes restrictions on countryside development; proposal justified by prior approval precedent and site improvements.
General Policy 3
Exceptions (c) previously developed land (redundant farm buildings, redevelopment improves landscape) and (d) rural dwelling replacement. Site accepted as exception despite void prior approval; reduced scale tips balance to less impact.
Housing Policy 7
Assessed for new countryside dwelling (no ag need); failed standard test but accepted as exception due to site context and prior precedent.
Housing Policy 12
Replacement dwelling requirements (retain use, not historic); prior demolition voided scheme but site now benefits from established access/track.
Housing Policy 13
Replacement limits (50% extension, similar siting/size unless environmental gain); reduced scale and eco-design reconsidered limits for less visual impact.
Housing Policy 14
Innovative modern design exceptions for high quality, low visual impact, eco-efficiency (SAP 101, renewables); conditions ensure delivery of standards enabling approval.
General Policy 2
Design respects character (subsections b,c,g,h); smaller scale, relocated elements, Manx banks integrate into Incised Inland Slopes; materials/landscaping conditioned.
Environment Policy 1
Countryside protected 'for its own sake'; development adverse unless exceptional - accepted due to site detractors and improvements.
Environment Policy 4
No adverse impact on protected species/habitats; PEA and no DEFA objection, with bat/sparrow/swallow boxes conditioned.
Environment Policy 5
Minimise disturbance, provide replacement habitats; conditions for ecology measures, lighting, off-site planting.
Transport Policy 7
Parking standards met (Appendix 7.6); no Highway objection, visibility splays/access conditioned.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Approved plans
The development shall be carried out in accordance with the plans and documents detailed below: drawing no. P0001 Rev A, P0005 Rev A, P0006 Rev A, P2003 Rev B, P4100 received 23rd November 2023; drawing no. P1001 Rev D, P1002 Rev C, P1003 Rev C, P2001 Rev D, P2002 Rev C received 13th March 2024; Preliminary Ecological Appraisal received 13th May 2024; drawing no. P0003 Rev D, P0004 Rev C, X0001, P0010, P0011 received 31st July 2025.
Updated ecology appraisal
In the event that the development hereby approved is not further commenced within 3 years from the date of the submitted ecological information (before spring 2028), an updated Preliminary Ecological Appraisal shall be submitted and approved. Development not to proceed except in accordance with approved details.
Renewables installation
Prior to occupation, air source heat pump and solar panels shall be installed in accordance with approved details and retained thereafter.
Drainage implementation
No occupation until approved drainage details (drawing P0003 Rev D) implemented.
Pre-commencement energy statement
Within six months of approval, Energy Statement demonstrating SAP rating of at least 101 submitted and approved.
Landscaping scheme
Landscape Strategy (drawings P0004 Rev C, P0010, P0011) implemented and retained; planting in first seasons post-completion/occupation; replacements as required.
Materials samples
Development in accordance with approved samples, retained in perpetuity; sample panels on site until completion.
Sparrow and bat structures
Prior to occupation, sparrow and bat structures/measures (P0010, P0011) completed and retained.
Access and parking
Prior to occupation, access/visibility splays/vehicular/pedestrian areas completed and retained, free of obstruction.
Off-site planting
Prior to occupation, plan of off-site additional planting submitted/approved/implemented; replacements as required.
Gateway installation
Prior to occupation, gateway installed per approved details and retained.
Post-completion energy statement
Prior to occupation, post-completion Energy Statement demonstrating SAP 101 submitted/approved.
Demolition of shed
Prior to occupation, existing shed (X0001) demolished.
External lighting
No external lighting unless detailed low-level scheme approved per BCT/ILP bat guidance; installed/maintained per approval.
Swallow boxes
Prior to works, plans for two swallow boxes (2m above ground) submitted/approved; implemented per details.
Permitted development restrictions
No development under Classes 14,15,17,21,22 of Schedule 1, Town and Country Planning (Permitted Development) Order 2025.
no objection to this application (06.12.2023)
does not oppose this application (13.03.2024); no significant negative impact on highway safety, network functionality, and/or parking, as the site access visibility is onto a country lane with low traffic, and an existing site has a similar position for a dwelling
no objection to this application (16.05.2024); requires construction environmental management plan and no external lighting except approved low-level scheme
Ecosystem Policy Officer requests updated ecological assessments and conditions but is supportive of design; Highways, Malew Parish Commissioners, MUA Gas have no objections; Environmental Protection seeks clarification on sewage discharge.
Key concern: Ecological surveys over 3 years old and need for updated PEA
Ecosystem Policy Officer (DEFA)
Conditional No Objection"reports that are more than 3 years old are unlikely to still be valid"; "the Ecosystem Policy Team request that an updated PEA is provided prior to determination"; "we are very supportive of the proposed design with wildflower areas, new trees, ponds, banks etc."
Conditions requested: Updated Preliminary Ecological Appraisal prior to determination; Strict adherence to avoidance measures for Common Frogs and Common Lizards from MWT report; Detailed plan for semi-natural habitat features prior to commencement; Protective fencing for boundary features prior to commencement; Construction Environmental Management Plan (CEMP) prior to works; Integrated house sparrow/starling nest boxes prior to works; Checks for nesting birds and roosting bats prior to demolition; External low level lighting scheme per BCT and ILP Guidance Note 8
Ecosystem Policy Officer (DEFA)
Conditional No ObjectionThe Ecosystem Policy Team can confirm that we are content with Ecology Vannin’s Preliminary Ecological Appraisal Report (PEAR) - Update, dated April 2024.
Conditions requested: Detailed plan including species and methodologies for semi-natural habitat features (incorporating Appendix V of Ecology Vannin PEA Update April 2024) prior to commencement; Construction Environmental Management Plan (CEMP) prior to further development including avoidance measures from Table 3 of Ecology Vannin PEA, ECoW details, biodiversity zones, invasive species measures; Bird and bat mitigation plan with 3 integrated nest bricks for house sparrow, 3 bat boxes, swallow structure, bird strike prevention prior to further works; External low level lighting scheme per Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023)
Highway Services HDC
No ObjectionHighway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, as the site access visibility is onto a country lane with low flows, and an existing site has position for a similar dwelling.
Conditions requested: S109 highway agreement for site access works to tie into the adopted highway
DOI Highways Development Control
No ObjectionHighways HDC has reviewed the updated information for application 23/01334/B dated 12 Mar 2024 online and have no further comments to make.
Environmental Protection Officer (DEFA)
please can the applicant provide further clarification on the discharge route for the treated sewage effluent from the Biodisc
Manx Utilities Gas Team
No Objectionthe Manx Utilities Gas Team does not oppose the application but would like to reiterate the presence of a Manx Utilities Gas Pipeline
Malew Parish Commissioners
No ObjectionMalew Parish Commissioners have no objections to the following planning applications.
