6 April 2006 · Director of Planning and Building Control (M. I. McCauley)
Balliargey, Abbeylands, Isle Of Man, IM4 5ee
The proposal involves renovating the original disused farmhouse and converting associated barns and outbuildings into one private dwelling with ancillary structures, following withdrawal of a previous similar scheme that proposed more rebuilding.
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The officer considered previous planning history critical, particularly the approval in principle of 02/02135/A (later upheld on appeal) which permitted renovation and conversion of the derelict farmh…
Residential Development - Houses in the Countryside
Sets general stance against new dwellings in countryside unless justified, particularly where habitable status lost by abandonment. Officer applied liberally given potential landscape improvement from renovating derelict buildings over further dereliction, despite no agricultural need.
Renovation of Buildings in the Countryside
Encourages renovation of redundant rural buildings of merit if substantially intact and structurally capable without rebuilding. Proposal tested for minimal alteration to existing structures; satisfied as revisions avoided prior refused rebuilding schemes.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This approval relates to drawing no.s 0415A/01, 0415A/02 rev. A, 0415A/03 rev. A, 0415A/04, 0415A/05, 0415A/06, 0415A/07 rev. A, 0415A/08 rev. A, 0415A/09 rev. A and 0415A/10 rev. A date stamped the 20th December 2005.
Renovation only - no demolition
This approval relates to renovation and conversion of the building as shown within the approved drawings. For the avoidance of doubt no approval is granted for the demolition and rebuilding of the building.
Residential curtilage
The residential curtilage is hereby defined as the dot dash line as shown on drawing no. 0415A/02 rev. A date stamped the 20th December 2005.
Structural retention details
Prior to the commencement of any works details of the proposed method of retention and any underpinning of the building to be retained must be submitted to and agreed by the Planning Authority. The details to be submitted must be prepared by a qualified structural engineer or building surveyor.
No permitted development rights
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) the property shall hereby not benefit from the permitted development rights contained within the Order.
Approve
no objection to the planning application
no comment on merits; recommends smoke detectors
no comment on merits; note for single dwelling water connection
Multiple consultees responded to PA 05/92398/B with Highways objecting due to inadequate access arrangements, while Water Authority, Onchan District Commissioners, Fire and Rescue Service raised no objection with conditions, and Save Mann's Heritage expressed concerns about structural integrity.
Key concern: access arrangements which were defined as a reserved matter for planning application 02/02135/A including passing areas and visibility
Water Authority
Conditional No ObjectionSee Note (2) For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws
Department of Transport
ObjectionIn the interests of road safety.; Highway mirrors are acceptable on these roads to improve the visibility. The edge of the carriageway could be redefined at the Abbeylands Chapel junction to improve visibility at this location.
Onchan District Commissioners
SupportThe Commissioners would recommend that the application be APPROVED for planning purposes only.
Isle of Man Fire and Rescue Service
Conditional No ObjectionConditions requested: The installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended in accordance with Section 1 of the Building Regulations 2000 – Approved Document B
Save Mann's Heritage
Conditional No ObjectionWe would not like to see the syndrome of work commencing and then it being found that rebuild was necessary.
Conditions requested: request the additional information together with details of underpinning to provide a habitable basement under the existing dwellings; structural engineer’s report confirming the buildings were capable of being restored
The original application for approval in principle to refurbish a derelict farmhouse and barn was initially approved by the Planning Committee but refused on review due to concerns over loss of habitable status, lack of agricultural justification, inconsistency with prior decisions, and non-compliance with policy on renovating countryside buildings. The appellant argued the building was surplus to farm needs, could be sold to fund farm improvements at Larkhill, and renovation would benefit public amenity under Circular 3/89, supported by structural evidence and prior committee approval. The inspector found the building derelict but not intentionally abandoned, noted potential for landscape improvement through renovation, and applied a liberal interpretation of policy on balance due to visual amenity benefits outweighing countryside protection concerns. The appeal was upheld by the inspector and confirmed by the Minister, reversing the refusal subject to initial conditions.
Precedent Value
This appeal shows inspectors may exceptionally allow countryside renovations of derelict non-agricultural buildings where visual/landscape benefits clearly outweigh policy restrictions, but explicitly not a precedent—future applicants must prove substantial intactness, no abandonment intent, and amenity gains over dereliction.
Inspector: David G Hollis
