Approval in principle for the re-establishment of redundant building to a dwelling
Mine Captain'S House Snaefell Road Agneash Laxey
Received21 Apr 2004
Validated26 Apr 2004
Committee25 Jun 2004
Decided1 Jul 2004
2 months
Received21 Apr 2004
Validated26 Apr 2004
Committee25 Jun 2004
Decided1 Jul 2004
2 months
Why was this refused?
Building not substantially intact (no roof)
Lack of structural evidence for renovation
Inadequate access over public footpath
Harm to protected choughs and hen harriers
Mining contamination and servicing issues
Loss of historic mining landscape character
The proposal involved converting an old, roofless stone building known as the Mine Captain's House, located in a remote mining area at the end of a 1.5-2 mile unmade track from Agneash, back into a residential dwelling.
Refusal Reasons
✗Whilst the Department has a policy which encourages the renovation and re-use of redundant buildings within the Island's countryside (Planning Circular 3/89), this proposal is not felt to satisfy the requirements of that policy inasmuch as: the building is not substantially intact in that it has no roof structure (paragraph 2), no evidence has been provided to persuade the Committee that the building is capable of renovation (paragraphs 2 and 7) bearing in mind the condition of the building, the fact that the roof has been missing for some time and the water which collects at the back of the property and general dampness of the site, the Planning Committee is not persuaded that the servicing of the building is possible or achievable without damaging the character and appearance of the building and its environs (paragraph 4), the Planning Committee is not persuaded that the introduction of a new residential unit in this location is compatible with the redundant mining environment in which it would sit in terms of the living environment which would be available to the house, possible contamination and pollution of the ground through former mining activities and mineral deposits nor would the introduction of a new residential use here and the traffic associated with it, travelling up and down the public footpath be compatible with the farming activities existing on the land between the building and the nearest made-up road.
✗Notwithstanding the above, the provision of a satisfactory means of access to service the property, both in terms of the occupants of the property and those visiting for social and delivery purposes, would significantly damage the rural character of the area. In addition, the introduction of additional vehicular traffic such as would be generated by the residential use of the property, onto this public right of way would be detrimental to the enjoyment of the footpath by those rambling and walking in this area. If the provision of a vehicular access to the property would involve only minimal upgrading of the footpath (and it is not accepted that this would provide a satisfactory means of access to the property), the increased usage of this route would downgrade the footpath so as to make it less convenient for walkers to use it.
✗The works required to the building to bring it to habitable status would destroy the building as a habitat for choughs which are known to use the building for nesting. Choughs are protected by the Wildlife Act 1990. In addition, the area is known to accommodate hen harriers: the domestication of the site and surrounding area would be detrimental to the continued use of this area by this species which is also protected under the Wildlife Act 1990.
✗The renovation of the building and its occupation for residential purposes would change the character of both the building and the surrounding area. Presently the house and its environs appear as deserted features in a landscape which is dominated by its mining past. An occupied dwelling with its car parking, garden, parked vehicles and domestic paraphernalia would be completely out of place in this landscape which is historically important in reminding visitors to it of its history and purpose.
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Decision & Reasoning
Refused1 July 2004
The Planning Committee determined that the proposal failed Planning Circular 3/89 as the building lacks a roof structure, making it not substantially intact, and no structural survey was provided to s…
Requires buildings to be substantially intact and capable of renovation without rebuilding. Officer assessed the roofless structure, long-term exposure, dampness, and lack of structural survey as failing these tests. Bricked-up windows indicated abandonment.
Protects choughs (Schedule 1: nests/young from disturbance) and hen harriers. Conversion would destroy chough nesting in building and disturb harrier foraging/territory via domestication, services, and traffic.
Public Comments (7)
ObjectionLonan Parish Commissioners(parish)
ObjectionManx National Heritage(statutory consultee)
ObjectionDepartment of Transport (Highways Division)(statutory consultee)
ObjectionAgneash residents (petition led by Hilary Simm, multiple signatories including Mike + Hilary Smith, Janet Heap, etc.)(public)
ObjectionMargaret Haddon Sadler and Robin Mischa Sadler(neighbour)
ObjectionKaddie (Shimmie)(public)
ObjectionDavid C. E. Bellamy(public)
Consultation Responses
Multiple objections from statutory consultees, parish commissioners, and local residents to planning application 04/00817/A for re-establishing a redundant mine captain's house as a dwelling, citing highway access issues, ecological impacts on protected species, heritage concerns, and policy conflicts.
Key concern: access over 2 miles of unsuitable unmade highway leading to deterioration and maintenance liability
Lonan Parish Commissioners
Objection
Whilst the Board have no objection in principle to redundant former dwellings being restored they do not believe that this application meets the requirement, nor is it suitable.; The Board has asked me to inform you that they have REFUSED the above Planning Application.
DOT Highways
Objection
Objection:; The condition of the highway is not thought suitable as an access to a dwelling.
Manx National Heritage
Objection
Manx National Heritage has information that the old Mine Captain's house is regularly used by nesting choughs.; It is the view of Manx National Heritage that re-establishing the building as a dwelling would be incompatible with the ecological interest of the area, and also with Government legislation to protect wildlife.; For these reasons we recommend that the Committee refuse the planning application.
Source & Provenance
Official reference
04/00817/A
Source authority
Isle of Man Government Planning & Building Control