**Document:** DEC Corrected Decision Notice
**Application:** 24/00810/B — Conversion of redundant farm outbuilding to form residential unit with single storey extension, replacement of derelict farmhouse with an agricultural building for garaging and storage of domestic and agricultural vehicles with studio/office at first floor
**Decision:** Permitted
**Decision Date:** 2024-09-05
**Parish:** Arbory
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/32758-colby-lingague-farm-replacement-conversion/documents/1068044

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# DEC Corrected Decision Notice

Samson Designs Limited Mr S T Samson The Workshop Park Road Port St Mary

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Mr Steve & Mrs Kirsten Gorry, Ref 24/00810/B, for the Conversion of redundant farm outbuilding to form residential unit with single storey extension, replacement of derelict farmhouse with an agricultural building for garaging and storage of domestic and agricultural vehicles with studio/office at first floor at Lingague Farm Ballakilpheric Road Colby Isle Of Man IM9 4BR .

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

- 1. 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.

- 2. The development for the conversion and extension of the barns and stable to form a dwelling and garage, and the external landscaping and creation of a new driveway, hereby permitted, shall be constructed in accordance with the following approved details as outlined on the submitted Drawings:-

- Drawing No. 2206/04 Proposed Elevations (dwelling). Namely:

- o New natural slate roof (sample to be submitted for written approval);
- o Existing natural stonework to be retained and repointed with lime mortar;
- o Zinc gutters and rainwater pipes (where required);
- o Aluminium windows and doors - colour Anthracite Grey;
- o Windows within existing openings except as shown on the approved drawings;
- o Chimney Flue to be finished in Matt Black;
- o Standing seam metal sheet roofing colour: grey with lead flashings

- Drawing No. 2206/05 - New 2-storey, garage unit, tractor and equipment store with studio/office/WC and kitchenette above at first floor level. Namely:

- o Profiled metal sheet roof & wall cladding - colour: Anthracite;
- o Wall cladding: Insulated composite cladding - colour finish to be agreed;
- o Zinc gutters and rainwater pipes (where required);
- o Steel staircase and support posts - colour finish to be agreed;
- o Timber doors to south and east elevations with roller shutter garage doors
- o Doors and Windows - Aluminium windows and doors. Colour - Anthracite Grey.

Reason: To ensure that high quality materials are used for the Barns conversion and the extension; and, for the new garage unit which reflect and preserve the character and historic significance of the Barns structure and impart a high quality finish to the new build elements in the interests of visual amenity.

- 3. To compensate for the loss of Barn Swallow nesting habitat, Nest boxes or cups for Barn Swallows; Jackdaws and House Sparrows shall be provided in a suitable location on the barn conversion and new garage structure (see Appendix II of the submitted Ballavarkish - Preliminary Roost Assessment by Ecology Vannin dated June, 2024 for examples). Such nest boxes or cups should ideally be placed 3m above ground level at a northeast aspect to avoid excessive exposure to wind and rain. Jackdaw nest boxes should be spread out, positioned as least 5m apart. Barn Swallow nest cups should be positioned at under (15cm - 30cm below) an overhang or some sort of cover, to shelter the nest from rain and wind.

In the event of the converted barn and new garage structure proving unsuitable for such provisions, a structure suitable for nesting swallows must be constructed in a suitable location (see Appendix II of the submitted Ballavarkish - Preliminary Roost Assessment by Ecology Vannin dated June, 2024 for examples). Such structure and location to be agreed in writing with DEFA Planning. This should be a structure with a wooden interior and open side, providing shelter and easy access. The structure could be free-standing or part of the new building or retained pig sty and should provide clear access to foraging grounds.

Reason: For the conservation and protection of legally protected species, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016.

- 4. No works of development shall be undertaken on site until a bat box plan has been submitted to the Department and approved in writing. Such plan shall include details of at least 2 bat boxes/bricks and at least 2 bird boxes/bricks suitable for swifts; and, one bird box suitable for a blackbird. Bat boxes should be places high up on the southern elevation and bird boxes on the north elevation, not above windows or doors.

Reason: To provide suitable mitigation against the wide scale loss of habitat through the use of the barn and new build garage on site as a dwelling and garage.

- 5. Any external lighting installed as part of the development should be kept to a minimum where possible in order to avoid disturbing bats foraging or passing through the site. The Institute of Lighting Professionals and Bat Conservation Trust Guidance Note 08/18 on Bats and Artificial Lighting in the UK recommend measures such as:

- o using LED luminaires due to their sharp cut-off, lower intensity, good colour rendition and dimming capability,
- o using warm white spectrum lights (ideally less than 2700 kelvin) to reduce blue light component,
- o peak wavelengths higher than 500nm to avoid the component of light most disturbing to Bats;

- o setting external security lighting on motion sensors and short timers,
- o luminaires should lack UV elements when manufactured,
- o avoiding uplighting,
- o avoiding use of metal halide, fluorescent sources.

Reason: To provide adequate safeguards for the ecological species existing on the site. (See Manx Bat Group Bat Activity Survey).

- 6. Details of foul and surface water drainage provision to serve the development, hereby approved, shall be submitted to and approved in writing by the Department. Such approved drainage scheme shall be installed prior to the development hereby permitted being first occupied and shall thereafter be retained and maintained at all times.

Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere.

- 7. Prior to the first occupation of the development, hereby approved, a Landscaping Scheme shall be submitted to and approved in writing by the Department. The Landscaping Scheme shall include details of all planting and sowing, including size, species and numbers of trees and plants, ground preparation, management and maintenance. All new trees shall comprise Manx native species. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: In order to give planting a sufficient time to establish and to ensure that the development provides an attractive environment helping to assimilate it into its surroundings in the interests of the visual amenities of the site and surrounding area.

- 8. The development hereby permitted shall be occupied as a single dwelling only.

Reason: This is due to the application site being located in the open countryside where planning permission for a new unit of living accommodation would not be granted unless there was an identified and justified need - such as a requirement for an agricultural or forestry worker. This accords with the provisions of General Policy 3a); Housing Policies 4a) and 11; and, Environment Policy 1 in the Adopted Isle of Man Strategic Plan (2016).

- 9. 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 extension, enlargement or other alteration of the dwelling, including the installation or replacement of any windows or doors, hereby approved, other than that expressly authorised by this approval, shall be carried out.

Reason: In the interests of the character and appearance of the development and to ensure that the finished appearance of the development will enhance the character and visual amenities of the area.

- 10. 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 garages or other free standing buildings shall be erected or enclosure, container for domestic heating purposes for storage of oil of liquid petroleum gas, or the erection of a gate, fence, wall or other means of enclosure, within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval.

Reason: In the interests of the character and appearance of the development and to ensure that the finished appearance of the development will enhance the character and visual amenities of the area.

This approval relates to:

- Drawing No. 2206/01 - Location Plan @ scale 1:1,1250;
- Drawing No. 2206/02 - Proposed Site Plan;

- Drawing No. 2206/04 - Proposed barns conversion - Plans, Section and Elevations;
- Drawing No. 2206/05 - Proposed garage/agricultural buildings - plans, section and elevations;
- Drawing No. 2206/06 - Extent of land in ownership/control of the applicant edged in blue in relation to site edged red - scale 1:3,000; Structural Assessment by Burroughs dated 24th May, 2024; Architects Design Statement by Samson Designs Limited Architects which includes Appendix I - Photographs - dated July 2024; Bat Survey Report by Manx Bat Group - dated 20/5/24;

- all date stamped and received 18 July, 2024. and Protected Species Survey for Nesting Birds and Common Lizards by Ecology Vannin Consultancy Services dated June 2024, received 31st July 2024.

NOTE FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

This decision has been made for the following reasons(s) Overall, it is concluded that the planning application accords with the provisions set out in General Policy 2, Housing Policy 15, Environment Policies 1, 2, 4 and 15 of the Isle of Man Strategic Plan 2016.

Date of Issue: 5th September 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £335); and

if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125). Where the appeal is submitted by the applicant they must:

specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and

Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/32758-colby-lingague-farm-replacement-conversion/documents/1068044*