15 December 2015 · Planning Committee
Spring Waters, Ballamodha Straight, Ballamodha, Ballasalla, Isle Of Man, IM9 3az
The site at Springwaters includes an existing traditional Manx cottage (269 sq m total floor area with extensions), a small bungalow (44 sq m), garages, and outbuildings on around 10 acres of countryside east of the A3 road, with additional applicant-controlled land extending to 34 acres.
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The key issue was whether circumstances had changed since the original approval of PA 13/00918/A to warrant refusing the time extension.
General Policy 3
Presumption against development outside settlements except in specified exceptional cases like previously developed land with significant buildings where redevelopment reduces landscape impact. Original approval treated site as qualifying due to multiple existing buildings and economic benefits outweighing countryside protection; no change justifies revisiting.
Environment Policy 1
Countryside protected for its own sake; development not permitted unless overriding national need with no alternative. Prior approval balanced against economic relocation benefits near airport; extension maintains this as circumstances unchanged.
Housing Policy 14
Replacement dwellings limited to 50% larger floor area unless environmental improvement; innovative designs possible if high quality. Proposal exceeds limits significantly (467% increase) but exception made for economic benefits; condition 6 ties approval to specific applicant.
Environment Policy 19
Equestrian development acceptable if no amenity loss, no high quality ag land loss (classes 1-2), and highways cope. Site not high quality ag land; private use only per condition 9 to limit traffic.
Environment Policy 20
Presumption against large equestrian in high landscape value areas unless exceptional. Site not in Area of High Landscape or Coastal Value; justified by alternatives unavailable without ag land loss.
Environment Policy 21
Stables etc not detrimental to countryside character re siting/design/size/finish; must reflect purpose, no cavity walls. Condition 4 requires stone on east elevations to reduce visual impact.
Time limit for commencement
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reserved matters submission deadline
Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Approval of reserved matters
Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
East elevations materials
The elevations of the proposed buildings which face east must be finished in stone, as shown in the submitted drawings.
Block off existing access
The application for the reserved matters must include provision for the blocking off of the access from the site including Close Clark such that all access from the site is through the new access proposed as part of this application onto the A3.
Personal to applicant
The development hereby approved may be taken up only by the applicant, Mr. Quirk and the first occupation of the house and equestrian facilities hereby approved must be by the applicant described above together with any dependants thereof.
No permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012, no garage, shed, greenhouse, polytunnel, car port, flagpole or extension to the dwelling may be undertaken without written permission from the Planning Authority in the form of a planning approval.
New access construction
Prior to the commencement of any other works on site, the new access, complete with visibility splays of 2.4m by 215m in each direction must be formed and available for use and the existing access from the site to the lane alongside Close Clark must be closed off to vehicular traffic. All construction traffic and occupants and users of the site must thereafter only use the proposed new access as a means of entering and exiting the site.
Private equestrian use only
The equestrian facilities hereby approved may be used only as private facilities incidental to the occupation of the main dwelling, and may not be used by the public or for commercial purposes.
Position of support remains the same as for original PA 13/00918/A, citing economic benefits including Exchequer gains, job creation, and business growth from applicant's relocation.
Do not object to this current application.
Department of Economic Development supports the application due to sustained economic benefits, and Malew Parish Commissioners raise no objection.
Malew Parish Commissioners
No ObjectionThey do not object to this application.
Department of Economic Development
SupportThe Department is satisfied that the cause of the delay is for personal reasons.; The applicant's architect has confirmed that the proposed one-off economic benefit of the building scheme remains approximately the same.; The applicant has confirmed that although his business model has changed, the ongoing economic benefits of his increased presence on the Island remain significant and sustainable and are broadly in line with those levels originally forecast.; On this basis, the Department of Economic Development maintains its support for this client and his development.