6 September 2022 · Planning Committee
Ballacannell, Earystane, Colby, Isle Of Man, IM9 4hn
The application seeks approval for various modifications to an existing residential property comprising a farmhouse and converted stone barn, located in the countryside at Ballacannell, Earystane, Colby.
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The officer assessed the proposal against Housing Policy 15, which allows extensions to traditional countryside properties if they respect proportion, form, and appearance, limiting increases over 50%…
Housing Policy 15
Requires extensions to traditional countryside properties to respect proportion, form, and appearance, with only exceptional approval over 50% floorspace increase. Officer found 48sqm addition (14.7% beyond prior conversion) compliant as subordinate and retaining traditional features.
General Policy 2
Requires development to respect site/surroundings in siting, layout, scale, form, design, and landscaping. Assessed as compliant due to seamless integration, screening by mature vegetation, and no amenity harm.
Environment Policy 1
Presumption against development in undesignated countryside. Existing dwelling allowed consideration of extensions; proposal did not increase countryside impact.
General Policy 3
Protects countryside. Proposal ancillary to established residence, screened, and not harmful.
Infrastructure Policy 5
Relevant to highways; no access changes or obstructions proposed.
Community Policy 7
Addresses crime prevention; no new confined spaces or access impediments.
Community Policy 10
Fire access retained via existing patio.
Community Policy 11
No antisocial behaviour risks.
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.
Garage ancillary use only
The garage building hereby approved may be used only as such ancillary to the occupation of the main house 'Ballacannell', Earystane, Colby, and may not be used separately or let or sold off separately. Reason: For the avoidance of doubt and to ensure the development takes place in accordance with the approved details, as the site not designated for development.
Garage internal layout
The internal layout of the garage building shall remain as shown on the submitted Drawing No.1912/06A, received 18.03.2022. No kitchen or bathroom facilities shall be installed in the building and no internal walls shall be erected to subdivide the internal space of the building. Reason: To ensure proper control of the development and to ensure the development takes place in accordance with the approved details, as the site not designated for development.
Materials approval
All external facing and roofing materials shall remain as shown on the plans and specified within the list of external finishes on the submitted Drawing Nos. 1912/05A and 1912/06A, received 18.03.2022. No new types of materials shall be added to the external elevations of the development, hereby approved. Reason: In the interests of the character and appearance of the site and surrounding area.
No permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken under the following classes of Schedule 1 of the Order at any time: Class 14 - Extension of dwellinghouse; Class 15 - Garden sheds and summer-houses; Class 17 - Private garages and car ports; Class 21 - Construction of decking. Reason: To control future development on the site.
No objection subject to conditions restricting obstruction of D51, gravel/surface water containment, and highway licences during construction
Application has merit, but concerned about misleading design statement on public road status
Arbory and Rushen Parish Commissioners found the application to have merit but noted concerns about a misleading design statement regarding the public road D51; DOI Highways raised no objection subject to conditions ensuring the D51 remains clear, garage details, surface treatment, drainage, and ancillary use restrictions.
Key concern: potential obstruction of unmade public road D51
DOI Highways
Conditional No ObjectionAn unmade public road, the D51, passes through site and connects to the public right of way, 284, that passes along the farm track. These are intended to be kept clear of the building lines and parking.; A restriction should be considered to retain the accommodation as ancillary to reduce the risk of separate dwelling being formed and intensification of use of the public road.; Usually, such material should not be within 5m of a highway.; The Applicant / Developer will be required to install surface water drainage where necessary to ensure its containment within the site.
Conditions requested: gate serving farm track able to open to allow access and no gating of public road; restriction to retain accommodation ancillary to main dwelling; external parking spaces suitable size; bicycle parking in garage; electric vehicle charging point considered; pin kerb or similar to contain gravel or use grasscrete; Applicant/Developer install surface water drainage; Highway licences and temporary closures during construction
Arbory and Rushen Parish Commissioners
SupportThe Commissioners felt this application had merit, however the Commissioners were concerned to note the misleading comment in the architect’s design statement which incorrectly asserted that the public road running in front of the property “continues as a private lane leading to the application site.” This is a disappointing inclusion as it has been made clear by the Department of Infrastructure that this is a public road.
DOI Highways
Conditional No Objectionthe route should not be obstructed in any form to prevent access and upkeep.; Should planning be minded to approve an appropriately worded condition should apply to any planning permission granted to restrict development from occurring and obstructing access along the unmade public road D51, such as fences and locked gating etc. Additionally, for a condition to cover the containment of gravel and surface water discharge onto this route.
Conditions requested: appropriately worded condition to restrict development from obstructing access along D51 such as fences and locked gating; condition to cover containment of gravel and surface water discharge onto route; provision of electric vehicle charging point; Highway licences, temporary closures and diversion orders during construction
