2 September 2022 · Delegated - Principal Planner Jason Singleton
Ballachrink Mooar, Sound Road, Glen Maye, Isle Of Man, IM5 3bj
The site is an existing single-storey stone outbuilding with a crinkly tin roof, located adjacent to Glen Maye River in a wooded clearing near Ballachrink Mooar. The proposal involved upwards extensions raising eaves to 2.2-2.5m and ridges to 3.6-4.5m, new slate roofs, a 3.1m sunroom extension, front and rear extension…
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The officer concluded that the culmination of extensions covering three original elevations, excessive rooflights, and large hardstanding created an adverse and overbearing visual impact on the histor…
Environment Policy 16
Requires protection of buildings with historic/social interest. Officer assessed that extensions covering elevations, rooflights, and hardstanding created overbearing impact, detracting from original small-scale farm character despite acceptable materials like slate and timber cladding.
Housing Policy 11
Permits conversion of rural buildings if already large enough for dwelling or with modest subordinate extensions not affecting original character. 58% footprint increase via multiple extensions not subordinate, covering original elevations and harming historic qualities.
Environment Policy 10
Addresses flood risk. No FRA or levels provided despite medium/low risk and river proximity; unproven mitigation and increased hardstanding risked worsening runoff.
Environment Policy 13
Mitigation of flood risk. Failed to show proposal wouldn't increase existing surface water flood risk via extensions and 13m hardstanding.
Environment Policy 3
Protects woodland designations. No tree survey despite woodland area and two sycamores affected; uncertain impacts on trees/roots made approval premature.
Environment Policy 7
Protects watercourses. No details on foul sewerage (septic to river impermissible) or construction protection measures near watercourse.
General Policy 2
General development standards including highway safety. Acceptable for parking/access/PRoW but failed on visual impact and amenity in semi-rural context.
Environment Policy 2
Area of High Landscape Value. Principle acceptable but not key refusal factor.
no comments made
Do not oppose; track not adopted but PRoW unaffected; hardstanding could be reduced and use reinforced mesh; surface water drainage must be contained if hard surfaced
No objections; satisfied with bat survey (no roost found); suggest bat boxes
no objection provided no adverse effect on adjacent watercourse
Do not object subject to arboricultural protection plan and method statement
Multiple neighbouring residents object strongly to the application citing boundary disputes, flood risk, highway safety, tree removal and change of use concerns; statutory consultees including DEFA Forestry, DEFA Biodiversity, Manx National Heritage and DOI Highways raise no objections with some conditions suggested.
DEFA Biodiversity
Conditional No Objectionthorough checks for bats should be made throughout the works and should bats or evidence of bats be found then work must stop and advice be sought from the Ecosystem Policy Team, DEFA.
Conditions requested: thorough checks for bats throughout works; stop work if bats or evidence found and seek advice from Ecosystem Policy Team
DEFA Forestry (Arboricultural Officer)
Conditional No ObjectionWe currently do not object but would request a pre commencement condition that require an arboricultural protection plan and method statement be submitted
Conditions requested: pre-commencement condition requiring arboricultural protection plan and method statement showing how development implemented without damaging retained trees including roots
Manx National Heritage
No Objectionadvice should be sought from DEFA Inland Fisheries regarding safety measures... ensuring that materials are not stored in close proximity to the water course, no materials or run off from such materials should be permitted to reach the water course and precautionary measures such as sedi-mats may need to be in place
DOI Highways (Highways Development Control)
No Objection"HDC continues to not oppose this proposal."; "The proposed area of hard standing could be reduced in size... equivalent to approximately 32sqm (5.5 x 3.4m + 5.0 x 2.6m)"
Conditions requested: cycle parking and electric vehicle charging point to be considered; hard standing reduced to approx 32sqm for two spaces in permeable material or with surface water drainage details approved prior to commencement
The original application for extension and conversion of a disused agricultural outbuilding at Ballachrink Mooar to create a two-bedroom dwelling with tourist use was refused by the Planning Authority for reasons including adverse visual impact from extensions, flood risk, lack of tree information, and inadequate foul sewage details, contrary to various Environment and Housing Policies in the Isle of Man Strategic Plan 2016. Appellants argued the extensions were modest and necessary for viable accommodation, flood risk was low based on historical evidence and topography, trees had been lawfully removed, and drainage could be conditioned. The inspector, after a public inquiry and site visit, concluded the cumulative extensions (58-71% footprint increase) were not modest or subordinate, domesticating the utilitarian building and harming its character and the surrounding AHLCV area, conflicting with Environment Policy 16 and Housing Policy 11. Flood risk was unassessed without site-specific FRA for 1:100 year events plus climate change, and foul sewage lacked details to mitigate watercourse pollution, conflicting with Environment Policies 10, 13, and 7. These harms outweighed benefits of re-use, leading to recommendation to dismiss the appeal.
Precedent Value
Demonstrates strict enforcement of 'modest subordinate extensions' for rural conversions in AHLCV; requires full technical evidence (structural survey, FRA, drainage details) at application stage, not conditionable if core to policy compliance. Future applicants must provide comprehensive surveys and avoid domesticating utilitarian rural buildings.
Inspector: Mrs Jennifer Vyse DipTP, MRTPI, DipPBM
