23/00346/BRefused

23 October 2023 · Delegated

Conversion from existing barn and stables to residential unit

Ballacallin Beg Cottage, Foxdale Road, Garth, Crosby, Isle Of Man, IM4 2hn

Received17 Mar 2023

Validated24 Mar 2023

Consultation14 Apr 2023

Decided23 Oct 2023

7 months

Received17 Mar 2023

Validated24 Mar 2023

Consultation14 Apr 2023

Decided23 Oct 2023

7 months

Why Was This Refused?

✓Site is in a protected rural countryside location where new residential development is strictly controlled
✓Part of the stables had already been demolished, meaning over 75% of the scheme would be new build
✓Proposed works would harm the character of the traditional Manx stone barn on site
✓Unacceptable visual impact on the openness and character of the countryside
✓Applicant could not demonstrate safe vehicle visibility splays at the A24 access point
✓No personal or overriding circumstances put forward to justify a departure from countryside policies
✓character
✓design
✓scale
✓highways
✓access

This application sought permission to convert an existing redundant stone barn and former wooden stables at Ballacallin Beg Cottage, Foxdale Road, Crosby, into a single residential dwelling. The site sits within a farmyard setting in the rural countryside, more than 100 metres from the A24 Braaid–Foxdale Road, and includes structures that had already had elements removed prior to the application. The application was refused by a Principal Planner acting under delegated authority. The core problem was that the site lies in a protected rural area where residential development is tightly restricted, and because part of the stables had previously been demolished, the scheme would involve constructing more than 75% of the building from new rather than converting existing fabric. No personal circumstances or overriding planning need were put forward to justify an exception to countryside protection policies. Beyond the principle of development, the proposed demolition, extensions, and alterations were found to harm the character of the traditional Manx stone barn, which planners considered should be protected and given a sustainable future use.

The application was refused on three grounds. First, the site lies in a protected rural area where residential conversion is not accepted in principle, and because part of the stables had already been demolished, more than 75% of the scheme would effectively be new build rather than genuine conversion. Second, the proposed demolition, extensions, and alterations would harm the character of the existing Manx stone barn and have an unacceptable visual impact on the open countryside. Third, the applicant failed to demonstrate that safe vehicle visibility splays could be provided at the access onto the A24 Foxdale Road.

Site Observations

•The application site consists of an existing redundant, old, stone built barn, wooden former stables, and part of the site of wooden former stables which form 3-sides of a square shaped site set amongst a farmyard area
•Part of the structures on the site of the barn/stables have had elements removed
•The site lies in the countryside over 100 metres to the south-east of the A24 Braaid - Foxdale Road
•A copse of mature trees assists in screening the site from any views from the south

Refusal Reasons

✕1. The proposed development is unacceptable because, the principle of development for the conversion from the existing barn and stables to a residential dwelling is not accepted because the site lies within a rural and protected part of the countryside where any development is strictly controlled with the site not being allocated specifically for any development. No personal circumstances have been put forward by the applicant to be considered to warrant a departure from DEFA Planning's policies for the area. In addition, the proposals seek approval for the conversion of part of a stable building that has previously been demolished; and, for the conversion of part of an existing stables which is wholly unsuitable for such a purpose. This would result in more than 75% of the proposed development being a new build structure. As such, the proposal would be contrary to the provisions of Policies STP2, STP10, SP5, General Policy 3a); Housing Policy 4a); Housing Policy 15; and, Environment Policy 1, in the Adopted Isle of Man Strategic Plan (2016). In particular, Environment Policy 1, which seeks to protect the countryside for its own sake and from "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."
✕2. The proposed development is unacceptable because the proposed elements of demolition, in addition to the conversion and extensions would fail to respect and reflect the attractive and characterful nature of the Manx Stone Barn on site which should be protected, and in so doing, would not provide the Barn with a sustainable future use. Overall, the development is considered to be unacceptable in terms of its visual impact on the character of the site and surroundings due to its extent, design, scale and nature. Whilst the proposed finishes would assist in striking a balance reflective of what Adopted planning policies seek to achieve, on their own these elements do not outweigh the unacceptability of the development as identified. As such, this proposal would have an unacceptable visual impact upon the openness of the countryside reflective of the character of the area contrary to the provisions of General Policy 3a and b); Environment Policy 1; Environment Policy 15; and, Housing Policy 15, in the Adopted Isle of Man Strategic Plan (2016).
✕3. Notwithstanding the above reasons of refusal, in respect of the existing vehicular access serving the site, the applicant has failed to demonstrate that vehicle - vehicle visibility splays can be provided either side of the vehicular access onto the A24 Foxdale Road in accordance with the requirements of the Manual for Manx Roads. Given the lack of such details to demonstrate that safe access and egress can be achieved from the proposed access location, the proposal fails to meet the requirements of Transport Policy 4 in the Adopted Isle of Man Strategic Plan (2016).

Policies Assessed (8)

STP2

Priority for new development to identified towns and villages

STP10

Sustainable transport

principle of development

Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement (1) Business Park is defined in Appendix 1 4.6 Social 4.6.1 The provision of an adequate supply of housing to meet the needs of the wider community is essential; this is in addition to the need to replace existing substandard or poor quality dwellings. Therefore;

SP5

Building in defined settlements or GP3

Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.

GP3A

General Policy 3a

HP4A

Housing Policy 4a

HP15

Housing Policy 15

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).

EP1

Environment Policy 1

protection of the countryside for its own sake

Area Plan for the East sets out locally-applicable means for implementing the policies set out in the Isle of Man Strategic Plan 2016. In that Strategic Plan, we find the Environment Policies. Environment Policy 1 states: 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. Maintaining the purpose of this Area Plan as a means of implementation, there is some further direction to be found in the Strategic Plan, at paragraph 7.2.1: 'Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development. The primary goal must therefore be to respect, maintain and enhance the natural and cultural environment including nature conservation and landscape and coastal quality, and ensure its protection from inappropriate development.' Given the comprehensive nature of the Isle of Man Strategic Plan's Environmental Policies, only a small number of additional Proposals and Recommendations are necessary. In order to produce an implementable Area Plan for the East it is necessary to recognise those statutory desig nations and strategies which whilst having an Island-wide scope are highly relevant to the protection of environments within the Plan Area. An example is the UNESCO Biosphere status afforded to the Isle of Man. Island-level strategies identify crossborder issues and take account of the cumulative impacts of human engagement with nature. Area Plan Objectives i. To protect, conserve and enhance the natural and cultural environment of the plan area and promote biodiversity. ii. To improve the function, usability and provision of our green infrastructure and public spaces by providing a network of green spaces and features which are connected and where possible, accessible to the public. iii. To manage and improve flood risk and improve drainage conditions. iv. To support the working countryside and its custodians in maintaini ng a sustainable rural economy. Area Plan Desired Outcomes i. Where approved, d evelopment will be ecologically sustainable and designed to protect and where possible enhance biodiversity as well as mitigate and adapt to the effects of climate change. ii. The Green Infrastructure network will be established and fostered, connecting people with nature in a way that achieves the best shared outcomes for the urban and natural environment. iii. Statutory and non-statutory designations will continue to provide protection to the most important and most vulnerable cultural assets, habitats and environments in the plan area. iv. Beyond the towns and villages, the area as a whole will retain its landscape setting including its important visual interaction with the central uplands, central valley, coast and marine environment. Natural Environment Proposal 1 The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces. UNESCO Biosphere In 2017, the Isle of Man became the first ever entire nation to achieve UNESCO Biosphere status. Project partners pledge to take steps to protect natural resources, develop the economy in a sustainable way and promote outstanding living landscapes. UNESCO Biosphere Reserves are established to connect people and the economy with nature, wildlife, culture, heritage and communities. Biosphere Reserves have three functions: Conservation: to contribute to the conservation of landscapes, ecosystems, species and genetic variation. Development: to foster economic and human development which is socio -culturally and ecologically sustainable. Logistic support: to support demonstration projects, environmental education and training, research and monitoring related to local, regional, national and global issues of conservation and sustainable development. The Isle of Man Biosphere is zoned into six areas . Examples of all of these can be found in the Eastern area: Terrestrial Core areas, Marine Core areas, Terrestrial Buffer zone, Marine Buffer zone, Terrestrial Transition areas and Marine Transition areas. There is some overlap with The Isle of Man's First Biodiversity Strategy 2015-20

TP4

Transport Policy 4

Transport Policy 4: The new and existing highways which serve any n ew development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.

Planning History (3)

85/00098/BApproved1994

Erection of block of 6 No. loose boxes

18/00718/BApproved2018

Alterations and extensions to create two dwellings from existing house and barns

21/00386/BApproved

Amendments to residential property (Dwelling One) of approved PA 18/00718/B

Documents (52)

Officer Report Decision Notice Location Plan Planning Statement Application Form

Source & Provenance

Official reference: 23/00346/B
Source authority: Isle of Man Government Planning & Building Control
Official record URL: No stable public per-application URL provided