29 January 2025 · Committee
Land At Cronk Y Cliwe Adj To, Ballagarraghyn, Coast Road, Jurby, Isle Of Man, IM7 3et
Permission was granted to alter and extend a disused lookout post at Cronk Y Cliwe, adjacent to Ballagarraghyn on the Coast Road in Jurby, Isle of Man, to create tourist accommodation. The application was decided by committee and permitted on 29 January 2025. The site is a two-storey square block with a metal lookout tower above and an additional structure to the west. At the time of the officer's site visit, the building had no windows or doors and was a bare shell that had clearly not been in use for a long time. The officer's report considered the principle of the proposal, housing policy, highway safety, impact on the countryside, and residential amenity for both future occupants and neighbours. The recommendation was approved subject to six conditions, with a minor amendment made to remove a Boiler Ban note that was no longer relevant.
The application was approved by committee on 29 January 2025. The officer recommended approval and the committee agreed, subject to six conditions. Key issues considered included the principle of the proposal, housing policy, highway safety, impact on the countryside, and amenity for future and neighbouring occupants.
General Policy 3
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General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Environment Policy 1
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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
Housing Policy 11
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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.
Business Policy 11
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Business Policy 11: Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designat ions which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be (1) Tourism Strategy 2004 - 2008 Fit for the Future Department of Tourism and Leisure April 2004 situations where existing rural buildings could be used f or tourist use and Environment Policy 16 sets out the circumstances where this may be permitted.
Business Policy 12
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Business Policy 12: Permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10. - Housing Policy 11.
Environment Policy 16
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and heritage, but also an opportunity for diversification and re -use. The Department will continue to treat proposals for re-use positively, where they comply with current policy guidance namely Environment Policy 16 and Environment Policy 17, set out in the Isle of Man Strategic Plan, 2007. Manx National Heritage is likely to seek recording of such buildings and farmsteads prior to redevelopment and particular regard should be had to the Isle of Man Strategic Plan - Environment Policy 41 - in this respect.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Condition 3
The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Condition 4
Between April and September (inclusive), no person(s) shall occupy or use the accommodation for a single period or cumulative periods exceeding 28 days during those months.
Condition 5
No development shall be commenced until an ecological management plan has been approved in writing by the Department. Such a scheme must be in accordance with the matters raised within the PEA, dated received 2nd October 2024. The works shall be carried out in accordance with the approved details and retained thereafter.
Condition 6
No external lighting shall be installed unless a low level lighting plan has been submitted in writing to the Department for approval and such details shall be fully adhered to and retained thereafter.
Use of barren scrubland for autocross/motorsport events
With regards to the site specifically
Use of scrubland to host six additional motocross events
With regards to the site specifically
Change of use to host an additional six motocross events on a permanent basis
With regards to the site specifically
Conversion of building to dwelling
applications which are relevant to the consideration of the current application and are for structures similar which have been converted
Conversion of discussed bunker to a residential unit (class 3.3) and works to existing outbuilding
applications which are relevant to the consideration of the current application and are for structures similar which have been converted
Conversion, alteration and extension of Chain Home Rader Bunker to create a dwelling
applications which are relevant to the consideration of the current application and are for structures similar which have been converted