31 May 2024 · Delegated
Clougher Cottage, Ballamodha Straight, Ballamodha, Ballasalla, Isle Of Man, IM9 3az
This application sought permission for the additional use of Clougher Cottage, a detached dwelling at Ballamodha, Ballasalla, as tourist accommodation. The cottage and its associated detached garage together form a single planning unit. The application was determined under delegated powers by the Department of Environment, Food and Agriculture. The case officer recommended approval and the department agreed, granting permission on 31 May 2024. The decision was subject to two conditions. The site shares an access road with the neighbouring property, Clougher House, which sits to the northwest.
The Department of Environment, Food and Agriculture approved the application on 31 May 2024. The officer also recommended approval. The decision was made under delegated powers and is subject to two conditions.
Paragraph 9.5.8
general presumption in support of private dwellings being used as tourist accommodation
large tourism element, such as Douglas Promenade, may be designated for "Residential/ Tourism" use (other potential uses may be identified and incl uded in a mixed designation if appropriate). 9.5.8 The use of existing private residential properties as tourist accommodation may be acceptable if it can be demonstrated that it will not compromise the amenities of any neighbouring residents. In Chapte r 7, there are described the circumstances in which redundant buildings in the countryside can be converted into dwellings. These policies apply equally to tourist use, except that it may very often be possible to convert to tourist use buildings which ar e too small to form a satisfactory permanent dwelling. The following policies and proposal are thus appropriate:
Business Policy 13
Business Policy 13: Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such u se would not compromise the amenities of neighbouring residents.
Environment Policy 23
addresses changes to neighbouring amenity
Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours. 7.18 Environmental Impact Assessment(1) 7.18.1 Environmental Impact Assessment (EIA) is an important procedure for ensuring that the likely effects of new development on the environment are fully understood and taken into account before the development is allowed to go ahead. It is a process by which information about the likely environmental effects of certain types of development is collected, assessed and taken into account by the developer (as part of project design) and by the planning authority (in determining the acceptability of the application). In cases w here developments are likely to have significant environmental effects, whether public or private, by virtue of their nature, size or location, EIA's will be required and the general principles set out in Appendix 5 should be followed. 7.18.2 For some types of development, EIA's will be required in every case, whilst other development will only require an EIA if the particular project is judged likely to give rise to significant environmental effects. Where development does not fall wit hin these categories, (1) Environmental Impact Assessment is defined in Appendix 1 but still has a significant effect on the environment, the Department will require suitable supporting environmental information. The main criteria for judging significance are as follows: i. major developments which are of more than local importance; ii. developments which are proposed in particularly environmentally sensitive or vulnerable locations; iii. developments with unusually complex and potentially hazardous environmental effects. 7.18.3 A Planning Policy Statement will be issue d specifying the manner in which the Department intends to deal with applications which should be subject to EIA. Pending the adoption of the proposed Planning Policy Statement the Department will adopt current practice on EIA's from England and Wales set out in the publication "Environmental Impact Assessment: A Guide to Procedures" (1).
General Policy 2
general design standards
General Policy 2: 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (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; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
The site outlined in red on 'Site Plan' comprising a dwelling and garage known as 'Clougher Cottage' shall remain as a single planning unit and shall not be occupied separately.
Clougher Cottage was originally approved as ancillary living accommodation to be used in association with Clougher House
removed the condition requiring it to be associated with Clougher House and could be occupied independently
The garage at Clougher Cottage was approved