7 August 2024 · Planning Committee
Cloghwilley Cottage, Tosaby Road, St. Marks, Ballasalla, Isle Of Man, IM9 3an
The site is the curtilage of Clough Willey Cottage, a modest cottage on 6.7 acres of sloping land with trees, shrubs, ponds, and marshy areas between the B36 road and Stoney Mountain Plantation.
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The site is in open countryside outside settlement boundaries, not fitting General Policy 3 exceptions, but the Department supports proportionate ancillary structures to dwellings if appropriate in de…
General Policy 2
Requires high quality design respecting layout, scale, form suiting site/landscape. Assessed as compliant due to moderate fenestration changes, natural materials, low visibility from public views, set-down construction minimising wooded rural impact; mitigations like shed demolition and landscaping tip balance to acceptable.
Environment Policy 1
Protects countryside for its own sake. Previously failed for residential intensification eroding landscape; now acceptable as ancillary use with negligible wider impact, screened location, enhancements restoring balance despite added built form.
Environment Policy 42 - character and need to adhere to local distinctiveness
Development to respect locality character/identity. Fenestration alterations (per drawing 101) and use change reduce domestic/urban appearance; demolition and planting further integrate with wooded rural setting.
General Policy 3
Limits countryside development to exceptions; site does not technically qualify but supported as proportionate ancillary to dwelling, aligning with permitted development approach, unlike prior residential refusal.
Spatial Policy 5
Countryside development only per GP3. Assessed via principle test; accepted due to functional curtilage maintenance role in generous plot.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Soft landscaping scheme
Prior to the occupation of the development, a detailed soft landscaping scheme shall be submitted to the Department for approval. The landscaping scheme must contain details of new broadleaved tree and shrub planting and the creation of wildflower grassland. The works shall be carried out in full accordance with the approved plans and completed prior to the occupation of the development. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. Thereafter, all soft landscape works shall be permanently retained in accordance with the approved details.
Ecological enhancements
The mitigation and enhancement measures contained in the submitted Ecological Enhancement Plan, including the creation of log and brash piles, the eradication of invasive plant species and the erection of bat and bird boxes, shall be implemented in accordance with the approved details contained therein prior to the occupation of the development.
External lighting plan
No permanent external lighting shall be installed on site unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to the Department and approved in writing. The lighting scheme shall be undertaken in full accordance with the approved details, and thereafter retained as such in perpetuity.
Ancillary use only
The approved building shall only be used for purposes ancillary to the principal host dwellinghouse of Clough Willey Cottage, and shall not at any time be used as habitable living accommodation either as an independent dwellinghouse or in connection with the principal dwelling.
Fenestration alterations
Within 6 MONTHS from the date of this notice the fenestration alterations to the cabin shall be undertaken and completed in full accordance with approved drwg. no. 101.
Demolition of sheds
The 2 no. sheds shall be demolished in accordance with the approved demolitions plans (drwg. no. 003) with all material removed from the site within 3 months of the occupation of the approved development.
No further outbuildings
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings, including garden sheds and summerhouses shall be erected within the curtilage of the principal dwelling of Clough Willey Cottage, other than that expressly authorised by this approval, without the prior written approval of the Department.
No objections.
No highways interest.
Ecological documents in order; no net loss and biodiversity net gain proposed; measures secured via conditions including lighting plan.
Highway Services HDC has no interest in the application, and Malew Parish Commissioners have no objections.
Highway Services HDC
No CommentHighway Services HDC has no interest (NHI) in: ... 23/01380/B
Malew Parish Commissioners
No ObjectionMalew Parish Commissioners have no objections to the following Planning Applications.; 23/01380/B Clough Willey Cottage, Tosaby Road Proposed development comprising the erection of a log cabin to be used as a gardeners cabin, machinery store and workshop (retrospective) exclusively for the management of the gardens and land forming part of the dwelling
