02/01721/BApproved
refurbishment of the outbuilding and conversion to living accommodation
23 June 2017 · Delegated
Clougher Cottage, Ballamodha Straight, Ballamodha, Ballasalla, Isle Of Man, IM9 3az
Clougher Cottage is a single-storey stone building with a footprint of approximately 13.4m by 8m, situated around 10.5m from Clougher House on a site accessed via a lane off the A3 Ballamodha Straight. A condition attached to an earlier approval required the cottage to be occupied only in association with the main house. The applicant sought to remove that condition, arguing the cottage had functioned satisfactorily as a self-contained dwelling with its own garden and access for a number of years. The officer noted that the original condition may not have been properly assessed for necessity at the time it was imposed, and that the cottage had arguably been used as the sole dwelling on the site for around nine or ten years following demolition of the main house — a period sufficient to render enforcement action immune under planning legislation. Crucially, the cottage has no windows facing the main house, only rooflights, so there would be no overlooking or privacy conflict between the two properties when both are occupied.
The condition was removed because it appeared to have been imposed without proper assessment of whether it was necessary, the cottage had functionally operated as a separate dwelling for long enough to be immune from enforcement action, there was no overlooking issue between the two properties due to the cottage's window arrangement, and highway concerns were resolved by confirmation that existing access provision was sufficient.
Housing Policy 11
Housing Policy 11: Conversion of existing rural buildings into dwellings may be permitted, but only where: (a) redundancy for the original use can be established; (b) the building is substantially intact and structurally capable of renovation; (c) the building is of architectural, historic, or social interest; (d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building; (e) residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; and (f) the building is or can be provided with satisfactory services without unreasonable public expenditure. Such conversion must: (a) where practicable and desirable, re -establish the original appearance of the building; and (b) use the same materials as those in the existing building. Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form. Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character. 8.10.3 Permission will be given in certain circumstances for the re-establishment of residential use where there is an abandoned dwelling, since such dwellings can sometimes have a negative impact, usually arising from the sense of dereliction and dilapidation. See Housing Policy 13 below. 8.11 Replacement Dwellings in the Countryside 8.11.1 There are in our countryside many existing dwellings, some of which contribute positively to its appearance and character, and some of which do not. A number of dwellings have been abandoned for many years; their physical remains being a reflection of agricultural and social change across the Island. They form features in the rural landscape which are often not unacceptable in their present state. It is appropriate to encourage change which would result in overall environment improvement, and to discourage change which would not. Where the building(s) concerned are of architectural merit or of local, historical or social interest demolition and replacement will be discouraged.
Planning Circular 3/89
previous equivalent of Housing Policy 11
Condition 1
This approval relates to the removal of condition 3 of the approval issued in respect of 03/00694/B such that the cottage may be occupied as a private dwelling and its grounds and ancillary buildings none associated in any way with Clougher House.
refurbishment of the outbuilding and conversion to living accommodation
redevelopment of the main dwelling
creation of a wildlife pond
re-building of the existing outbuilding at the western end of the site
re-building of the existing outbuilding at the western end of the site
erection of a garage and store