29 July 2008 · Planning Committee
Ballacallin, Lane From Dalby Road To Ballacallin, Dalby, Isle Of Man, IM5 3bt
The proposal involved reconstructing a derelict barn that had been demolished for safety reasons into a dwelling with garage, including a small single-storey rear extension, revised internal layout, removal of external steps, altered window arrangements, reduced ground levels, and other minor changes from the approved …
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The officer assessed the proposal as a new building in the countryside, not a conversion of existing fabric, contrary to Strategic Aim, Strategic Policies 1c, 2, 10, Spatial Policy 5, Housing Policy 4…
Strategic Aim
Requires sustainable development preserving Manx natural/built heritage. Officer found new build in countryside harms sustainability and heritage by not reusing fabric.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development primarily in towns/villages; countryside only in exceptional cases. Replacement dwelling not exceptional.
Strategic Policy 10
Promotes integrated transport minimising car journeys. No highways objection but location unsustainable.
Housing Policy 4
New housing primarily in settlements; countryside only for ag housing, conversions (HP11), or replacements (HP12-14). Not conversion or replacement.
Housing Policy 11
Permits rural building conversions if redundant, structurally sound, of interest, etc., re-establishing original appearance with same materials. No permission for rebuilding ruins or replacements. Demolition meant no intact fabric for conversion.
Environment Policy 1
Protects countryside for its own sake unless overriding need. New dwelling harmed openness.
Environment Policy 2
Protects landscape character in High Landscape Value areas. New build harmed character.
General Policy 3
Countryside development only if complies with listed exceptions. Failed.
Do not oppose
No objection subject to standard conditions on foul sewer connection and no surface water to foul sewer
Multiple neighbouring residents strongly object to the application as a new build rather than barn conversion in an area of outstanding natural beauty, citing impacts on privacy, views, landscape, and precedent; Department of Transport Drainage Division raises no objection subject to specific drainage conditions.
Key concern: This is effectively a new house on an empty site in unzoned area of outstanding natural beauty after demolition of original barn, not a permitted conversion
Department of Transport Drainage Division
Conditional No Objection"No Objection, subject to:"; "The proposed dwelling must be connected to the public foul sewer in a manner acceptable to the Department of Transport Drainage Division"
Conditions requested: The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to the Department of Transport Drainage Division. All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers for Adoption" and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); The line of the sewer must be identified before development work commences. The sewer must be fully protected whilst all building works are being carried out. No part of the proposed development may be constructed, nor any trees planted, within THREE metres of any public sewer; In accordance with the Sewerage Act 1999, a communication fee will be payable; Under section 4(3) of the Sewerage Act 1999 the applicant must give 21 days notice, in writing, to the Drainage Division, prior to making any communication to the public sewer; The use of soakaways are subject to Building Control approval and if this approval is not granted, the Drainage Division would not give permission for the discharge of surface water into the existing foul system and an alternative means of disposal would have to be sought
The original application PA 08/01082/B sought approval for reconstruction of a demolished barn into living accommodation following health and safety demolition required during works under prior approval PA 06/02040/B. It was refused by the Planning Committee on 29 July 2008 for three reasons: conflict with countryside protection policies as a new build not conversion (Strategic Aim, SP1c, SP2, SP10, Spatial Policy 5, HP4, HP11, EP1, EP2); failure to replicate existing/approved building features and introduction of unsympathetic elements; and potential uneighbourly impact on adjacent property The Scheillings. Appellant arguments emphasise prior approvals establishing principle of residential use (PA 03/1783, PA 06/02040/B), demolition necessitated by safety issues confirmed by building control officer, use of reclaimed materials, design similarity to latest approval, and a nearby precedent (PA 04/01756/B and PA 05/00165/B). Council statement defends refusal but acknowledges omission of PA 06/02040/B in officer report, noting some features like garage roof and eastern steps were previously approved though changes remain problematic. No inspector's analysis or final outcome provided in documents.
Precedent Value
This appeal highlights the persuasive value of robust evidence on unavoidable demolition due to safety (with witness statements), prior approvals establishing principle, and local precedents for reconstruction; future applicants should document building control advice early and propose reclaimed materials/conditions to mitigate 'new build' policy conflicts.
