**Document:** DEC Officer Report
**Application:** 22/00294/B — Erection of single and two storey extensions and linked garage accommodation together with associated landscape (amendments to PA 21/00575/B)
**Decision:** Permitted
**Decision Date:** 2022-06-21
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/8721-malew-balladoole-house-garage-extension/documents/948668

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# DEC Officer Report

## PLANNING OFFICER REPORT AND RECOMMENDATION

**Application No.:** 22/00294/B
**Applicant:** Mr Duncan Cheadle
**Proposal:** Erection of single and two storey extensions and linked garage accommodation together with associated landscape (amendments to PA 21/00575/B)
**Site Address:** Balladoole House Balladoole Castletown Isle Of Man IM9 4PE Registered Buildings Officer: Mr Ross Brazier
**Expected Decision Level:** Planning Committee
**Recommended Decision:** Permitted
**Date of Recommendation:** 07.06.2022

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

- C 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.

- C 2. 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 Class 13-28 of schedule 1 of the Order at any time. Reason: To control future development on the site.
- C 3. No windows shall be installed until a schedule of windows has been submitted to and approved in writing by the Department and a sample of each proposed window type has been made available for inspection on site. The works shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.

- C 4. Prior to the commencement of any landscaping, a hard and soft landscaping scheme must be submitted to and approved in writing by the Department. Such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; the location of grassed areas details of the hard surface treatment of the open parts of the site and a programme of implementation.

All hard and soft landscaping works shall be carried out in accordance with the approved details. 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 other trees or plants of a species and size to be first approved in writing by the Department.

Reason: To ensure the provision of an appropriate landscape setting to the development.

- C 5. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
- C 6. Details of Works Prior to the commencement of each phase of work, No works shall take place on those elements listed below until details of the following items, as agreed following consultation with the Registered Buildings Officer have been submitted to and approved in writing by, the Department:

- a) Proposed architectural detailing, material and finishes of new portico
- b) Proposed detailing and material of glass balustrade to rear terrace Reason: In the interests of the character and appearance of the site and surrounding area.

- C 7. No development shall commence until details of the colour, composition and texture of the render have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area
- C 8. Prior to the commencement of the development hereby approved an Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The AMS should confirm what protection measures are going to implemented, how and when they are they are going to be implemented, and how arboricultural site monitoring will take place throughout the construction process, in sufficient detail to provide a high level of confidence in the outcome for retained trees. The agreed protection measures and construction methods shall be adhered to in full.

Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site

- C 9. No site clearance, preparatory work or development shall take place until a tree planting plan is submitted to and agreed in writing by the Department. Where applicable the plan shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include the following details:

- (a) the exact location, species, nursery specification and planting specification of each tree (or group of trees) to be planted. Where groups or larger areas are to be planted please state the area and planting density.
- (b) the approximate date when they are to be planted
- (c) how they will be maintained until successfully established.

The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: to ensure an appropriate standard of visual amenity in the local area and that the development is appropriately landscaped to sit comfortably and acceptably in its location This application has been recommended for approval for the following reason.

The planning application respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them and is not considered to harm the visual character of the locality, or have any detrimental impact on the highway network, and would comply with the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; Conditions This decision relates to the following: Existing Elevations, ES-01 Measured Survey Basement & Ground Floor, MS-01 Measured Survey First, Second & Attic Floors, MS-02 Proposed Site Plan, 005 Rev B Proposed Basement Floor Plan, 100 Proposed Ground Floor Plan, 101 Rev B Proposed First Floor Plan, 102 Rev B Proposed Second Floor Plan, 103 Rev B Proposed Third Floor Plan 104 Rev B

- Proposed Elevations - Sheet 1, 300 Rev B
- Proposed Elevations - Sheet 2, 301 Rev B Tree Protection Plan - ACCESS , 16/05/22,TP-160522a Location plan, planning letter and plan list, updated planning cover letter and all information all received on 10/03/2022 and 26/05/2022

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

The Isle of Man History and Antiquarian Society

- as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy. _____________________________________________________________________________

## Officer’s Report

THE APPLICATION IS BEING REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVLOPMENT MANAGEMENT

1.0 THE SITE - 1.1 The application site is the residential curtilage of Balladoole House, Castletown. The overall estate is 12 Acres of private parkland setting which comprises a mixture of formal gardens, tree lined driveways, open grassed areas, woodlands and hard surfacing areas. - 1.2 The property is a detached 18th Century mansion house with formal gardens surrounding and is accessed from the Highway A5 to the east via an 800m driveway that is tree lined with over hanging canopy and planted gardens to the verges. - 1.3 The adjoining neighbours / nearest neighbour(s) are 'The Granary, Balladoole, Castletown that sits some 80m to the south west of the main dwellinghouse and used to from part of the historic curtilage of the property. - 1.4 Surrounding the dwelling house are approx. 125 trees identified with some being registered. Those registered trees are positioned to the front of the property within the mature formal lawns and are not affected by the proposals. The application site and the location of the proposed works are within the existing footprint of the dwellinghouse extending southwards for the additions to the rear elevation and land adjacent to the north for the proposed garaging. None of those trees in this area (northern) are identified as being registered on the Governments map.

2.0 THE PROPOSAL - 2.1 The proposals are for the erection of single and two storey extensions and linked garage accommodation and seek to make amendments to the previously approved application 21/00575/B. - 2.2 The proposals amend the following elements of 21/00575/B which include, Garden Bar building extended to create access with landscape, Formal Lounge minor amendments to fenestration. Garden Room & Kitchen to the rear wall relocated to increase building footprint. Relaxation Area within the Gym/Spa blind opening retained, window omitted. Gym/Swim Spa and Games Room floor print increased to allow space around the swim spa and gym equipment to function. Gated Vehicle Access -dimension within the courtyard increased to allow vehicle access and manoeuvrability. Depth of Car Port increased to enable the link to be without compromise on the structure. Depth of the garages to the North increased to accommodate larger vehicle and to allow roof spaces above the garage to be utilised as necessary storage and staff day accommodation. Front wall extended to create garden feature. Master Bedroom gable windows omitted. Master Bedroom rear wall window amended to provide access via a door onto a proposed terraced area. Area above the garden room at ground floor to be altered to create deck access terraced area accessed from the landing within the Staircase (tower) and the master bedroom. Bedroom to the North omit windows to the gable. Staff day accommodation above the garage increased to utilise full available space. Car Port roof added. Store to the roof space incorporated. Roof Plan amended on Courtyard to identify internal facing Velux roof lights. The wings to the North and South have been amended to incorporate additional width. Rear Turret has amendments to fenestration and terrace glazing above the garden room. East elevation identifies blind openings retained. West elevation identifies removal of window to the lounge. Replace existing non-historic entrance porch. - 2.3 The Landscape proposals have been addressed and planning conditions discharged to the original approval (21/00575/B) and no changes to the approved landscaping is proposed the conditions in relation to 21/00575/B will also be included on to this application to ensure the landscaping scheme forms part of this approval.

2.4 Within the Agents covering letter they state "Further to receipt of the planning notice dated the 26th August 2021 and the discharge of associated planning conditions please be advised that works have progressed at a pace on the site. During these works it has been identified there are several areas requiring minor amendment to original approval"

3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the Area Plan for the South (2013) applies. The application site is within an area recognised as Low Density Housing in Parkland on Map 3 with the initial G. The landscape proposals map 2 identifies the wider area as 'Undulating Lowland Plain' (F8 - Poyll Vaaish and Scarlett Peninsula). - 3.2 Within the written statement the F8 - Poyll Vaaish and Scarlett Peninsula notes; The overall strategy is to conserve the strong sense of openness throughout the area, with strong field pattern as well as the setting of the numerous archaeological sites and wartime structures within the area.

Key Views - Open and panoramic views out to sea, up to the Southern Upland peaks over open fields and towards the built-up areas of Castletown and Ballasalla are obtained from various slightly elevated positions within the area, where the cumulative effects of hedgerow trees does not intervene. Foreshortened views in some flatter areas where the accumulated effects of hedgerow trees create a wooded horizon.

3.3 The site is not within an area of flood risk, is identified as containing a number of registered trees and is not part of a Registered Building or within a Conservation Area. The Property identified as requiring further investigation for registration in the Area Plan for the South 2012. - 3.4 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. - 3.5 Strategic Policy 4 b (in part) (b) protect or enhance the landscape quality and nature conservation value of urban as

well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations;

3.6 General Policy 2 (GP2) (in part) Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
- (c) does not affect adversely the character of the surrounding landscape or townscape;

- (g) does not affect adversely the amenity of local residents or the character of the locality;
- (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (n) is designed having due regard to best practice in reducing energy consumption.

3.7 Environment Policy 1 The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix

- 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-

riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.

3.8 Environment Policy 3 Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value. - 3.9 Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred. - 3.10 Housing Policy 15: The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally). - 3.11 Residential Design Guidance (July 2019) provides advice on the design of new houses and extensions to an existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property.

4.0 PLANNING HISTORY - 4.1 The application site been the subject of the following planning applications that are considered specifically material to the assessment of this current planning application and form part of the overall proposed development of the site;

Reference Number: 21/00479/B Status: Permitted Proposal: Erection of an implement store and maintenance barn

Reference Number: 21/00466/B Status: Permitted Proposal: Replacement gate pillars and creation of construction access from D45 Pooilvaish Road into Balladoole House

Reference Number: 21/00575/B Status: Permitted Proposal: Erection of a single and two storey extensions and linked garage accommodation together with associated landscape

4.2 The neighbouring property; The Granary, Balladoole, received planning consent for major extension and renovation works under ; 17/01196/B - Alterations, erection of extensions to provide living accommodation and swimming pool and creation of driveway which was approved. The scope of their works was for the following:

- o alterations to the lawful approved track to create a new driveway;
- o erection of a rear extension to the main dwellinghouse;
- o alterations to the existing rear projecting extensions;
- o erection of a new swimming pool extension including a 25m pool, gym, pool lounge with jacuzzi, solarium and changing facilities;
- o creation of an external tennis court, and
- o the removal of a number of trees to facilitate the development.

5.0 REPRESENTATIONS (in brief - full reps can be read online)

5.1 Arbory and Rushen Parish Commissioners (The Commissioners) commented on (20/04/22) requesting the application not be determined until they had considered the matter

at their meeting on 27/04/22.

- 5.1.1 The Commissioners sought to comment again on (29/04/22) Objecting to the proposals they welcomed the amended plans which at least make endeavour to save the tower from the originally planned works, and reduce the scale of the garage blocks, the amended plans retain the very large scale of the garages and accommodation blocks which will clearly detract from this important building. They requested that the building be added to the Protected Buildings Register.

5.2 Highways Services have commented (31/03/22) stating, after reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking. Electric vehicle charging points should be provided to aid climate change objectives.

- 5.2.1, Highway Services commented again on the amended plans (29.04.22) Stating they note the amendments uploaded on 26 April 2022 and continues to not oppose this proposal and for evcp's to be considered

5.3 DEFA Forestry commented (02/04/22) stating they have no concerns with the proposed amendments. They notice however that the siting of a new LPG storage tank is situated within a construction exclusion zone. By definition, this zone should be excluded from all activity throughout the process, thereby making the placement of tank in this area a breach of the CEZ. The CEZ is, however, extended beyond the root protection area of the adjacent trees, I would recommended therefore that the CEZ be amended as per the attached photo (red line) to allow placement of the tank without breaching the protected area. - 5.4 Isle of Man Natural History & Antiquarian Society (IMNHAS) commented (16/06/21) stating they previously responded in respect of PA 21/00575/B noting that Balladoole house dates from 1714 and is one of the Island's oldest and most historic buildings. Built by the Stevenson family and in the family's ownership until 1973, it also has connections with Captain Quilliam of Trafalgar fame whose wife was a Stevenson. While the Society does not object to the omission of windows proposed or the alteration to a bay window, the Society does regret that the applicant sees fit to further extend this 1714 house and its ancillary accommodation to the detriment of both the pre-existing house, the design of the proposals approved under PA00575/B, [to which the Society objected], and to the landscape setting of Balladoole.

In particular the Society notes that the further extension westwards of the single storey kitchen and garden room extension will further subsume the older tower. The replacement of existing windows in the tower by representing two floors by single windows of greater height unbalances the elevation vertically. Indeed, it seems questionable, as implied by the use of the word "demolition" in the application form, as to whether any of this older feature is to remain or whether it is being rebuilt in its entirety. While other extensions on the front eastern elevation have sought to balance this elevation, the rear western elevation is to be unbalanced by the creation of a glazed balcony on one side. This roof terrace / balcony will be clearly open to view from the public highway to the north and appear as a discordant unbalanced feature.

Previously the Society did not comment on the addition of the garage blocks particularly as it was felt that the more northerly block appeared sufficiently detached from the main house so

- as not to affect its setting. However, the current proposal results in the breach of the alignment of the garden wall on this northern side and, because its northern elevation will be
- at a lower level will also result in a more substantial construction. On top of this the construction of a pitched roof above what was proposed as a flat roofed car port, in itself to be

enlarged, now results in the said northern block instead appearing as part of a very large 2storey enclosed courtyard. It will no longer appear as a subsidiary element to the house or detached from it. The creation of increased staff accommodation with isolated external staircase at the western end of the block above the western garage block appears tantamount to creating an additional separate apartment on the application site. Previously the upper level was proposed to be accessed internally. The Society therefore objects to the above extensions and alterations. The Society believes that the proposal is contrary to Isle of Man Strategic Plan 2016 Housing Policy 15. If as stated in the earlier application the applicant believes that the proposals are treating the building as being Registered although it is not, then the proposals are also contrary to the spirit of Environmental Policy 32.

6.0 ASSESSMENT - 6.1 The main issues to consider in the assessment of this planning application are;

- (i) The impact of the proposals upon the appearance of the existing property, visual impact on the streetscene and character of the locality and the extent this differs from the previously approved scheme 21/00575/B (HP15, EP1,GP2)
- (ii) impact on the trees (Ep3) and biodiversity (SP4)

6.2 The property is an architecturally imposing and historic property set within its own grounds. Its historic curtilage, once having been part of a far larger estate has been gradually reduced including the separation of the property from its outbuildings that now form a separate dwelling. The property has been the subject of extensions and alterations; however the historic core of the original house is still clearly identifiable. - 6.3 The key issues are the extent that the proposals impact upon the appearance of the property and visual impact on the street scene and character of the locality. It is noted that the Commissioners and IMNHAS consider that the building should be registered and it is also noted that the Area Plan for the South 2012 considered that research was required. However, the matter of whether the building should be registered is not material to the determination of this application. - 6.4 Amended plans were received as a result of discussions with the Department that addressed concerns raised in relation to potential visual impact upon the property. - 6.5 The property has been vacant and on the market for some time and it is evident that it is in need of repair and renovation. One of the key design features of the original property is its symmetry, which has been disrupted by later interventions particularly the flat roofed first floor side addition and annexed additions. It is considered that the proposals improve the symmetry of the building and that the new additions are more in keeping with the character of the house. It is considered the increase in massing of the rear single storey addition and garaging and still subservient to the principle dwelling and the proposed increase will not result in a greater impact upon the property or locality than the approved scheme 21/00575/B. - 6.6 The proposals will use traditional materials that are appropriate for this historic property and will have a positive impact upon the appearance of the property, this includes new timber sash windows, and natural slate roofs, the render treatment will be conditions so that the materials and finishes can be agreed. The works will also see the introducing of energy efficiency measures including solar panels and insulation. These measure are proposed in a way that will not impact upon the historic character of the property and are supported.

6.6 Objections have been raised by the IMNHAS and The Commissioners regarding the impact of the proposals upon the property in particular the rear elevation and the tower and the scale of the garaging. It is noted that the proposals were amended to address visual impact concerns. The proposals will result in the visual loss of the rear ground floor of the original building. It is considered however firstly those views of the rear ground floor are partly obstructed from the public highway. Secondly the tower has been altered at ground floor and

- was once an open covered entrance thirdly is it a later, albeit now a historic addition probably form the late 19th Century. It is considered that the proposals will still enable appreciation of the tower as a feature of the building particularly as the above ground floor levels that are more visual will appear as they do now with some alteration to the fenestration. Although the property is grand, the core of the original house is not particularly large it is considered that the proposed ground floor additions to the rear elevation provide the necessary space and required facilities for a house of this status to function as a viable home and it is considered that the scale, form and massing respect the proportion, form and appearance of the existing property and would comply with HP15.
- 6.7 The creation of linked garage accommodation has increased in massing to that approved under 21/00575/B, however, the general form and layout remains very similar and its relationship the proposed single storey elements to the side of the house and original core is still considered acceptable The garaging will link to the new access as approved. The approved landscape masterplan and details of hard and soft landscaping. (ii) Impact on Trees and Biodiversity
- 6.8 The proposal have not sought to alter the approved proposals in relation to landscaping, tree protection and biodiversity as granted under 21/00575/B and discharged conditions. All conditions relating to these matters will be imposed upon this application to safeguard and ensure compliance with the scheme as previously approved. It is therefore considered the proposed impact on the trees would be aligned with EP3 and given a proposed landscaping plan (conditional) would seek to enhance the landscape quality and nature conservation value in this area.

7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the safety of the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval with conditions (including for landscaping proposals and an arboricultural method statement and removal of PD rights).

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

- (a) the applicant (including an agent acting on their behalf);
- (b) any Government Department that has made written representations that the Department considers material;
- (c) the Highways Division of the Department of Infrastructure;
- (d) Manx National Heritage where it has made written representations that the Department considers material;
- (e) Manx Utilities where it has made written representations that the Department considers material;
- (f) the local authority in whose district the land the subject of the application is situated; and
- (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

- o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- o whether there are other persons to those listed above who should be given Interested Person Status

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 20.06.2022

Signed R BRAZIER Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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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/8721-malew-balladoole-house-garage-extension/documents/948668*