5 March 2009 · Acting Senior Planning Officer (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
The Ballacallin, Dalby, Isle Of Man, IM5 3bt
The proposal sought approval to change the use of the Ballacallin Hotel, a three-storey detached building in the rural hamlet of Dalby, from hotel (including bar and restaurant) to a single private residence, with no physical alterations proposed but an indicative landscaping plan for the hard-surfaced front area.
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The officer assessed it as a finely balanced case, noting objections from residents, Patrick Parish Commissioners, and Department of Tourism and Leisure over loss of community amenity and tourist acco…
Community Policy 3
Requires demonstration that loss of local community facility (other than shops/pubs) is no longer practical/desirable. Officer interpreted bar/restaurant as ancillary to primary hotel use, not standalone community facility warranting protection; hotel itself not a 'local community facility' per tourism definition.
Business Policy 15
Seeks to identify redundant tourist buildings in new Area Plans for alternative uses. No such assessment available; refusing pending Area Plan unreasonable given no timescale and building decay risk.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the change of use of the Ballacallin Hotel to form a private residence as shown by the plans and information 751.08, 129.12.00, 130.1.98 and 131.2.98 all received 6th August 2008.
Single dwelling only
The building may be used only as a single dwelling.
Landscaping scheme
Prior to any development taking place, there must be submitted to and approved by the Planning Authority a scheme of landscaping for the existing hard-surfaced area to the front (west) of the building. Such details must include the introduction of soft landscaping to improve the appearance of the site.
Do not oppose
The original application PA08/1551/C for change of use from hotel to private residence at Ballacallin Hotel, Dalby, was granted under delegated powers by the Acting Senior Planning Officer. Patrick Parish Commissioners and Mr Edward Gorst appealed, arguing procedural invalidity due to delegation despite objections, loss of community facilities (restaurant/bar) contrary to Community Policy 3, viability of retaining hotel use, and retrospective residential use. The applicants (Paxton Enterprises Ltd) and Planning Authority defended the decision, asserting hotel as primary use with ancillary facilities, long-term unprofitability, and benefits of residential investment. Inspector Michael Hurley found the delegation valid, hotel not a protected community facility, no viable prospect for hotel re-use, and permission not retrospective. The Minister accepted the recommendation to dismiss the appeals and confirm the grant.
Precedent Value
Establishes that hotels with ancillary public facilities are not protected community uses under CP3; viability judgements by experienced owners carry strong weight absent compelling contrary evidence; Area Plan delays cannot indefinitely block alternative uses for redundant tourist buildings.
Inspector: Michael Hurley
