19 October 2022 · Council of Ministers
Cregg Mill, Silverdale Road, Ballasalla, Isle Of Man, IM9 3ds
The proposal involves converting the lower ground floor of Cregg Mill in Ballasalla to short-let holiday accommodation, including flood mitigation measures such as a flood wall matching existing stone walls and a flood barrier system.
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The decision was made following consideration of the Planning Inspector's report by the Council of Ministers, who determined to approve the application subject to specified conditions.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Flood wall matching existing walls
Notwithstanding the submitted plans, the proposed flood wall shall be similar to the existing stone walls on the site in terms of its shape, colour, size and thickness. Reason: To ensure that the flood wall detailing preserves the appearance and character of the Silverdale Conservation Area and to ensure that the new wall ties in with the existing walls to which it would be attached.
Construction materials approval
No works in connection with the development hereby approved shall commence until details of proposed construction materials showing, including the colour, texture, bond and pointing of any stonework and render and manufacturer's specification for the flood barrier system have been submitted to and approved in writing by the Department. Reason: In the interests of the appearance of the development and the visual amenities of the area.
Use restriction to short-let holiday accommodation
The development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as a separate dwelling. The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year. Reason: To ensure that the development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate dwelling in the countryside.
Flood mitigation implementation
The development hereby approved shall be carried out in strict accordance with the submitted Flood mitigation scheme detailed in the Planning Statement, Correspondence in Cover Email dated 21 June 2022, Proposed Plans and Sections received 12 April 2022, and the Lakeside Flood Solutions Brochure, and shall be retained thereafter. The tourist accommodation shall not be brought into use until these mitigation measures have been fully implemented. Reason: To provide appropriate mitigation against flooding and to ensure that flood vulnerability for the site is not exacerbated by the development.
Seasonal occupancy restriction
The tourist accommodation hereby approved shall not be occupied or let between the months of October, November & December of any year. Reason: To ensure proper control of the development and to reflect the information provided in the application, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
Approved drawings
The development hereby approved shall be carried out only in accordance with the following drawings and documents: Drawings 01, 02, 03 received 24 June 2021; Drawings A01, A02 received 12 April 2022; Flood Barrier Systems brochure received 1 July 2022. Reason: For the avoidance of doubt and in the interests of proper planning.
DOI Highways had no objections to the change of use. DEFA Fisheries initially requested information on proximity to watercourse but later confirmed no objections provided no adverse effect on the watercourse. DOI Flood Risk Management opposed the application due to its location in a high fluvial flood risk zone unsuitable for residential accommodation.
Key concern: location in high fluvial flood risk zone (1 in 100 plus climate change) with over 1m water ingress
Department of Infrastructure Highways Division
No ObjectionAfter reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking.; The Applicant should consider the provision of bicycle parking and electric vehicle charging point to aid mode choice, Active Travel and climate change objectives.
Department of Infrastructure Highways Division
No ObjectionHighways Development Control notes the additions uploaded on 12 April 2022 and makes no further comments to those made on 19 July 2021.
Department of Infrastructure Highways Division
No ObjectionHighways Development Control notes the additional information uploaded on 1 July 2022 and has nothing further to add to its 19 July 2021 response.
Inland Fisheries Policy Manager
To further assess this application and the potential impact to the nearby watercourse, you are requested to complete the attached ‘Development within 9 Metres of a Watercourse’ form.; Fisheries will respond further to this application once the requested information has been received and considered.
Conditions requested: complete the attached ‘Development within 9 Metres of a Watercourse’ form
DEFA Fisheries Directorate
Conditional No ObjectionDEFA, Fisheries Directorate have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse. This is due to the nature of both the watercourse and the proposed works.
Conditions requested: provided that there is no adverse effect on the adjacent watercourse
Department of Infrastructure Flood Risk Management Division
ObjectionThe above application proposes a change of use to tourist residential accommodation within a high fluvial flood risk zone... this cannot be supported by the Flood Management Division.
Department of Infrastructure Flood Risk Management Division
ObjectionFlood Management Division still oppose this application on flood grounds; The predicted 1 in 100 plus climate change level shown in the river model is 37.33mD02
The original application sought change of use of the lower ground floor from ice cream production to three ensuite tourist bedrooms with communal facilities, including flood defence measures, at Cregg Mill in Silverdale Conservation Area. It was considered by an independent inspector due to DEFA ownership. Appellant arguments focused on minimal capacity increase, flood mitigations, parking benefits from removing ice cream factory, and business success. The inspector's analysis agreed with DEFA Planning advice, finding the proposal compliant with policies on principle, visual impact, parking, amenity, and flood risk due to proposed stone wall, flood barrier, and seasonal letting restrictions. The appeal was allowed subject to conditions controlling materials, short-let use, flood measures, and winter restrictions.
Precedent Value
Demonstrates that robust, policy-compliant flood defences combined with operational restrictions (e.g. no winter letting) can allow vulnerable tourist uses in high flood risk zones adjacent to watercourses, even against consultee objection, provided other policy tests are met.
Inspector: Brian J Sims
