11 October 2022 · Planning Committee
Ballahig, Foxdale Road, The Hope, St Johns, Isle Of Man, IM4 3au
The site at Ballahig contains a traditional two-storey Manx cottage farmhouse and stone barns dating back to the 1870s, in poor structural condition with damp, rot, and instability issues as detailed in a structural report.
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The proposal was considered contrary to Housing Policy 12 (replacement dwellings generally permitted unless the existing dwelling is of architectural/historic interest and capable of renovation) and u…
Housing Policy 12
Requires replacement of countryside dwellings generally permitted unless existing is of architectural/historic interest and capable of renovation. Existing farmhouse met this test (traditional form, on 1870s maps, renovation possible per structural report) so proposal contrary to policy.
Housing Policy 11
Permits rural building conversion only if redundant, intact, of interest, and capable of renovation. Tall barn met criteria (three walls to eaves, historic) so demolition/replacement undermined policy, but assessed alongside HP14 replacement tests.
Housing Policy 14
Replacement dwellings must match existing footprint/size (not >50% larger), follow traditional design (PC3/91), re-use materials, and not harm visual impact; larger size acceptable if replacing 'poor form' with traditional character or less impact. Proposal passed: 13% footprint increase (house+barn), PC3/91-compliant design, same siting, no increased visual impact due to screening/setback.
Environment Policy 1
Protects countryside unless overriding need and no adverse effect. No national need demonstrated, but no adverse visual impact found due to site's setback position, screening by trees/banks, and existing farm clustering.
Spatial Policy 5
Limits countryside development except per GP3 exceptions like rural dwelling replacements. Proposal tested via HP12/14 exceptions despite general countryside protection.
General Policy 3
Permits countryside development only for exceptions like rural dwelling replacements (HP12/14). Proposal weighed against this via specific housing policies.
General Policy 2
Considers siting, scale, design, landscape impact, amenity, highway safety. Proposal acceptable in design/scale, highway improvements, and no amenity harm.
Environment Policy 2
In Area of High Landscape Value, protects landscape character unless no harm shown. No harm to AHLV/Scenic Significance due to limited visibility.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Tree protection
Prior to the undertaking of any works relating to the approved replacement dwelling including any demolition of existing structures, the tree protection measures and construction methods detailed in "DWG 1032-04 Site Plan as Proposed" shall be installed in full accordance with these approved details and retained for the full duration of the work. No tree shown as being retained shall be cut down, uprooted, or wilfully destroyed during the development phase and thereafter within 5 years from the completion date, except as may be permitted by prior approval in writing from the Department.
Annexe ancillary use
The annexe hereby approved shall be used only for purposes incidental to the enjoyment of 'Ballahig' as a dwellinghouse. No separate curtilage shall be formed and the residential annexe shall at no time be used as an independent dwellinghouse.
Access and visibility splays
The access works including visibility splays hereby approved shall be carried out in full accordance with those details shown on drawing number 1302-05, and visibility splays thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level.
Access surfacing
Prior to the use of the access hereby approved the first 5m of the surface of the access measured back from the carriageway shall be properly consolidated/surfaced in a bound material (not loose stone or gravel).
Landscaping for dwelling
The soft landscape planting including tree planting shall be carried out in accordance with the approved details as shown on DWG 1032-04 and shall be carried out in the first planting season following the first occupation of the replacement dwelling, or earlier if possible. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with the same trees or plants as originally approved, or alternative planting which will first need to be approved in writing by the Department.
Landscaping for access
The soft landscape planting including tree planting shall be carried out in accordance with the approved details as shown on DWG's 1032-05 and shall be carried out in the first planting season following the first use of the access, or earlier if possible. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with the same trees or plants as originally approved, or alternative planting which will first need to be approved in writing by the Department.
Revocation of 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 in accordance with any of the following classes of Schedule 1 of the Order at any time: Class 14 Extension of dwellinghouse; Class 16 Fences, walls or gates; Class 17 Private garages and car ports.
Re-use of materials
All stone and slate from the buildings to be demolished shall remain on site and be re-used where possible including on the approved dwelling in accordance with detail shown on drawing number 1032-04 and retained thereafter.
no objections
Do not oppose subject to conditions on access, visibility splays and surfacing
No objection subject to tree protection condition
No objection following bat survey; recommend bat boxes as enhancement
Multiple consultees responded to PA 22/00390/B with Highways, DEFA Forestry, DEFA Biodiversity (post-survey), and Patrick Parish Commissioners raising no objection subject to conditions or with recommendations; South Cape objected on heritage grounds citing policy non-compliance.
Key concern: Demolition of Manx vernacular farmhouse contrary to Strategic Policy HP12 without referral to Registered Buildings Officers
South Cape
ObjectionNeither appear to have been referred to the Registered Buildings Officers and both are contrary to Strategic Planning Policy HP 12.; As a result they may be far larger than the existing with the corresponding increase in visibility from either the opposite side of the valley
DEFA Ecosystem Policy Team (Sophie Costain)
Conditional No ObjectionThe single storey barn is not being used by bats and no further surveys are required.; Care should still be taken to look for bats and signs of bats during the work and if bats are found or suspected then the works must stop
Conditions requested: If bats found or suspected, works must stop and Ecosystem Policy Team or Manx Bat Group contacted; Farmhouse re-examined for bats if demolished in winter; Install bat boxes on farm buildings as enhancement
DEFA Ecosystem Policy Team (Sophie Costain)
Conditional No ObjectionBat surveys are required to identify the species of bat utilising the property, their abundance and whether they are breeding; The presence of bats will not prevent the property from being altered but provision must be shown for their ongoing protection
Conditions requested: Preliminary bat assessment by qualified ecological consultant prior to determination; Further surveys and mitigation if bats confirmed; Avoidance and mitigation for nesting birds if present
DEFA Agriculture and Lands Directorate (Charles Harrison)
No ObjectionThe proposal does not involve tree removal.; The applicant has shown how the retained tree on site would be protected during development.
Conditions requested: Protection measures and construction methods detailed in site plan as proposed (24/3/22) shall be adhered to in full. No tree shown as retained on drawing 1032-04 shall be cut down, uprooted, or wilfully destroyed during development phase and within 5 years from completion
Highways Development Control
Conditional No ObjectionThe shortfall in visibility from the required standards is acceptable to Highways.; Recommendation: DNOC
Conditions requested: Access arrangements including visibility splays to accord to drawing No.1032-05; New tarmacadam surface at entrance to extend minimum 5m back from highway edge
Patrick Parish Commissioners
No ObjectionNO OBJECTION would be made
Highways Services Development Control (Adam Dunlop)
No ObjectionAfter review of the additional information provided, Highways Development Control have no further comments to add to those made 22/04/2022.
