27 June 2024 · Committee
Creg Lea Farm, Niarbyl Road, Dalby, Isle Of Man, IM5 3bs
Permission was granted to convert, alter, and extend a Chain Home Radar Bunker at Creg Lea Farm, Niarbyl Road, Dalby, Isle of Man, to create a single dwelling. The application was made by Mr and Mrs Stuart Fayle and decided by committee. The existing concrete structure, which is partially buried under earth on two of its four sides to a depth of between 0.5 and 1 metre, will be retained as part of the conversion. The site sits on the north-western side of Niarbyl Road, west of Dalby. The officer's report identified four main planning issues: the principle of development, visual impact on the area, impact on neighbouring amenities, and highway safety and parking. The application was recommended for approval and the committee agreed, granting permission subject to nine conditions.
The committee approved the application on 27 June 2024. The key planning issues considered were the principle of development, the visual impact on the surrounding area, and the effect on neighbouring amenities. The proposal was found acceptable on all these grounds.
General Policy 3
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.
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.
Condition 1
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.
Condition 2
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. Reason: To control development in the interests of the amenities of the surrounding area.
Condition 3
3. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of the grass roof and re profiling details to the roof and elevations of the bunker building as shown on drawing 04, the rear boundary (southwest) low level sod hedge and any further new planting showing, type, size and position of each. All planting, seeding, landscaping, re profiling or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner and retained thereafter. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species The hard landscaping should include details of the surface finish of the driveway and footpaths as well as any fencing/walls to the boundaries of the dwelling. The hard landscaping works shall be completed in full accordance with the approved details prior to the first use of the dwelling. Reason: To ensure the provision of an appropriate landscape setting to the development and for biodiversity net gain.
Condition 4
4. 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. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Condition 5
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 and hereby retained thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.
Condition 6
6. Prior to the commencement of the installation of PV solar panels to the south east roof slope of the adjacent agricultural barn as shown on drawing 07 REV A, details shall be submitted which indicated the amount, design and position of the PV solar panels and the panels shall be installed as per the approved plans and retained thereafter for the use of the owners of the dwelling hereby approved. Reason: In the interest of climate change and visual amenity.
Condition 7
7. For the avoidance of doubt the residential curtilage of the property shall not extend beyond the red line (excluding the area of red line which extends over the adjacent barn) shown on the Site and Location Plan (drawing 01 REV A), and be retained thereafter. Reason: In the interest of the character and appearance of the landscape.
Condition 8
8. There shall be no clearance of the vegetation on top of the bunker within the breeding bird season (March to August inc). Reason: In the interests of the protection of birds
Condition 9
9. No works shall commence until 2 open fronted bird boxes have been erected on site. Boxes should be positioned 1-4m above ground on a northerly elevation, amongst/immediately adjacent to thick vegetation in accordance with details to be first submitted to and approved by the Planning Authority. These boxes must be maintained insitu throughout the construction works and for at least 3 years following construction. Reason: In the interests of protection of birds
