30 May 2022 · Delegated - Principal Planner Chris Balmer
Ballaterson Beg Farmhouse, Ballaterson Beg, Ballaugh, Isle Of Man, IM7 5bn
The site is the curtilage of Ballaterson Beg Farmhouse in rural Ballaugh, featuring a two-storey farmhouse, a detached garage, and three single-storey tourist cottages. The proposal involved reconfiguring the garage (currently used for garaging and storage serving the farmhouse) into a games room with ancillary storage…
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The officer determined the garage was not redundant for its current use as garaging and storage serving the dwellinghouse, with no alternative provision, failing the initial test of Environment Policy…
Strategic Policy 8
Requires reuse of quality rural buildings for tourism subject to sequential tests including redundancy and preservation of character. Officer found proposal failed as garage not redundant and extension alters character.
Business Policy 11
Permits development in countryside for tourism subject to EP16 tests. Failed due to lack of redundancy and harm to building fabric/character from upward extension.
Business Policy 12
Requires redundancy and compliance with EP16, HP11. Garage in active use for dwellinghouse garaging/storage, not redundant.
Business Policy 14
Permits tourism in rural areas subject to BP12 and EP16. Failed sequential tests a, b, c, f.
Environment Policy 16
Sequential test (a-f): failed (a) redundancy as only garage/storage; (b) extension alters historical/architectural interest; (c) changes appearance/character; (f) additional bulk harms countryside policies. Passed (d) traffic, (e) no competition with towns.
Environment Policy 1
Presumption against development in countryside except where policies allow. Proposal lacks exception under GP3/EP16, representing unwarranted development.
Environment Policy 2
Site in High Landscape Value area; extension visible from highway, modern appearance (low pitch roof, cladding) harms character.
General Policy 3
Requires reasonableness of scale/siting in curtilage without visual harm. Extension fails as not fitting GP3(a-h) criteria in rural hamlet.
General Policy 2
Compliant on amenities (g), highways (h,i); non-compliant on design/appearance (b,c) due to modern contrast with traditional buildings.
No Highways Interest
Multiple neighbouring residents from Coach House, Willow Cottage, and Gorse Cottage strongly object to the application due to privacy loss, overlooking, noise, traffic, parking, and visual impacts; DOI Highways has no objection.
Key concern: Overlooking and loss of privacy from first floor windows
Coach House & Cottages
Objectionthe proposed first floor extension and large windows removes the privacy from the majority of our property; any noise generated by the social space would be funneled towards the Coach House and cottages; The new roof height will be taller than attached buildings and aesthetically not in keeping with the surrounding units
Coach House Ballaterson Beg
ObjectionExisting parking is 5 spaces not 6; Future parking would be insufficient for the number of potential occupants and associated cars
Willow Cottage Ballaterson Beg
ObjectionThe front of my property (Willow Cottage) is only 25 metres to the east of the proposed extension
Gorse Cottage Ballaterson Beg
ObjectionThe access is approximately 1/4 mile of un-adopted road
DOI Highways Division
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and / or parking; The Applicant is advised to consider provision for bicycle parking and an electric vehicle charging point
DOI Highways Development Control
No Objectionthere will be no statement on highway matters. There are no outstanding highway matters to consider
The original application for a first floor tourist unit and games room in a garage at Ballaterson Beg was refused primarily for failing the redundancy test, altering the building's character contrary to policies including GP3, BP11, BP12, BP14, EP16, EP1-2, and harming the AHLV. The appellant argued the garage was not used for vehicles, lacked historic value due to prior alterations, and the proposal would enhance the building. The inspector found no principle objection to more tourist use but concluded the modern timber-clad extension would appear incongruous, harm the farmstead's traditional character visible from public views, and cause overlooking and outlook harm to neighbours despite distances. Highway safety and parking were acceptable, but harms outweighed tourism benefits. The Minister accepted the inspector's recommendation to dismiss the appeal on 23 November 2022.
Precedent Value
Demonstrates strict application of EP16 for rural building conversions requiring proven redundancy and no character change; modern extensions to traditional outbuildings in AHLV likely to fail even if partially obscured. Applicants must provide robust redundancy evidence and ensure designs harmonise with vernacular farmstead character.
Inspector: Brian J Sims