Planning Statement

PLANNING STATEMENT IN SUPPORT OF AMENDED PLANS FOR THE EXTENSION OF THE RESIDENTIAL CURTILAGE ASSOCIATED WITH BALLACREBBIN COTTAGE, JURBY ROAD, ANDREAS IM7 2EJ

25/90688/C

Sarah Corlett Town Planning Consultancy Ltd 1 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 1.0 INTRODUCTION
• 1.1 Ballacrebbin Cottage is a relatively new dwelling with associated garaging which sits on the southern side of the A13 Jurby Road between St. Jude’s and Ramsey.
• 1.2 Ballacrebbin Cottage was formerly a modest dwelling which sat closer to the road than does the current dwelling on the site. Approval In Principle was granted for the replacement of the original cottage together with a garage under 95/01368/A and the details were approved under 97/01141/B.
• 1.3 Permission was granted under 99/00384/B for an extension to the approved garage.
• 1.4 The most recent application on the site as for the erection of a sun lounge and porch on the rear elevation, under 03/01923/B. The site plan accompanying that application was as shown below:

Sarah Corlett Town Planning Consultancy Ltd 2 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 1.5 The curtilage shown omits the means of access to the dwelling from the main road, which enters the site to the west of the buildings and curves around slightly to the south with a spur and gate providing access to the surrounding agricultural land which is owned in association with Ballacrebbin Cottage but not part of the residential curtilage approved under the previous applications.
• 1.6 The defined curtilage also ends very close to the southern elevation of the approved extension as may be seen above.
• 1.7 The curtilage of the property has been extended formally to the south of the dwelling to incorporate a patio area representing approximately 4.5m of space to the south of the southernmost part of the dwelling.

Sarah Corlett Town Planning Consultancy Ltd 3 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 1.8 The curtilage of the property is shown slightly differently in the application for the equipment shed, proposed within the residential curtilage under 11/00325/B:
• 1.9 This appears to include more space to the south of the dwelling than was permitted in 2003.
• 1.10 The original Ballacrebbin Cottage sat much closer to the Jurby Road than does the present dwelling as may be seen in the 1860s County Series maps:

Sarah Corlett Town Planning Consultancy Ltd 4 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

Sarah Corlett Town Planning Consultancy Ltd 5 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 2.0 THE PROPOSAL
• 2.1 Proposed is the regularisation of this extended curtilage to the south of the dwelling and include the access to the dwelling which is also part of the residential curtilage.
• 2.2 In addition, the applicants would like to incorporate the section of land to the south east of the agricultural access which is slightly raised above the level of the field, shown in the aerial photograph on the preceding page as an L shape stepping south to meet the southern extent of the residential curtilage as it currently exists.

View from the area to the south of the existing southern boundary of the residential curtilage towards the slightly raised area to the north west of the house

Sarah Corlett Town Planning Consultancy Ltd 6 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

Closer view of the slightly raised area of lawn to the north west of the house

2.3 The replacement dwelling together with the new buildings at the northern end of the site and the hard surfaced area required for vehicular manoeuvring and parking results in the property having limited soft landscaped space. Whilst there is a small area of grass to the front of the house, this is limited in area and adjacent to where vehicles turn and park - see below.

Sarah Corlett Town Planning Consultancy Ltd 7 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

2.4 The area to the rear of the house is also limited in size and hard surfaced - see below.

Sarah Corlett Town Planning Consultancy Ltd 8 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 3.0 PLANNING CONTEXT AND JUSTIFICATION
• 3.1 The site lies within an area not designated for development on both the Isle of Man Planning Scheme (Development Plan) Order 1982 and the draft Area Plan for the North and West which is on the Tynwald Register of Business in October this year. On the latter plan the site is not shown as being subject to any Environmental or Infrastructural Constraints.
• 3.2 As such there is a presumption that land should not be developed, including any material change of use. This is reflected in General Policy 3 of the Strategic Plan which presumed against development outside of designated areas, with a number of exceptions, none of which include extensions of residential curtilages.
• 3.3 Environment Policy 1 protects the countryside for its own sake and presumes against development which would be harmful thereto.
• 3.4 Environment Policies 3 and 4 protect existing trees of amenity value and ecology respectively. The trees on the site are not Registered.
• 3.5 None of the buildings on site are Registered and the site is not within a proposed or adopted Conservation Area.
• 3.6 The areas which are proposed to become residential curtilage are not easily visible from the road. The access into the site sits to the north west of the buildings and the proposed residential curtilage and what is visible from the road - a fleeting view gained as one passes the site on a road with no footpaths and where the speed of traffic is derestricted - is the tarmacadam entrance land, the timber stockproof fence and the line of trees which run to the south of the lane. The entrance is a very small opening in an otherwise largely tree and hedge lined roadside boundary.

Sarah Corlett Town Planning Consultancy Ltd 9 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

View if one stands in the entrance of the site

View from the north west of the site including sight of the existing gated entrance into the field adjacent to and part of the land holding of Ballacrebbin Cottage

Sarah Corlett Town Planning Consultancy Ltd 10 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 3.7 We would submit that the extension of the residential curtilage to include the area proposed would have no significant or harmful impact on the character or appearance of the countryside, in accordance with Environment Policy 1.
• 3.8 No trees are to be affected by this proposed change of use in accordance with Environment Policy 3.
• 3.9 No changes are proposed to the area of lawn which will continue to remain as such, thus according with Environment Policy 4.
• 3.10 The area to be used as residential curtilage is slightly raised above the level of the rest of the site, making it difficult to mow or cultivate as part of the rest of the site. Its inclusion in the residential curtilage which is at the same level, makes its management more straightforward.
• 3.11 It would also provide a proportionate and useful area of green space for the occupants of the property.
• 3.12 Whilst the site is not designated for development, there are other examples of the extension of a residential curtilage into undesignated land. Whilst each application should always be judged on its own merits, as each site will differ from another by small or large degrees, as noted in the Appeal inspector’s report for residential development at Netherbym Castletown (21/01567/B)

“Reaching significantly different conclusions about obviously similar cases can undermine confidence in the appeal process, consequently, consistency in the planning process is important and like cases should be decided in a like manner”.

• 3.13 As such, we consider it relevant to consider the approach taken in other applications for the extension of residential curtilages whilst observing any material differences between cases. Of particular note are two recent cases

23/00884/C proposed the extension of the residential curtilages of four dwellings in Andreas. The Planning Officer had recommended approval but the Planning Committee had refused the application. The appeal inspector notes the following before recommending that the appeal was allowed and the application permitted

Sarah Corlett Town Planning Consultancy Ltd 11 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

“89. Limited harm has been identified to the character of the countryside as well as harm by reason of an at face value conflict with IMSP Policies EP1, GP2 and GP3. However, I have ascribed considerable weight to the benefit of the scheme in the provision of garden space of an adequate standard to appropriately serve 4- bedroom family homes. This would be in the interests of the health and wellbeing of residents. Also weighing in the positive side of the balance in favour of the proposal, is the permission granted at a neighbouring site, Thie Cheerey where circumstances are very similar to that of this appeal.

1. On balance and subject to appropriate conditions requiring comprehensive boundary planting and a restriction on what building/structures can be erected on the extended garden areas the benefits of the scheme would outweigh the limited identified harms.”

• 3.14 The Minister accepted this recommendation and the appeal was allowed and the application was permitted.
• 3.15 In addition, a more recent application for the extension of the curtilages of three cottages in Colby was permitted by the Planning Committee. The Planning Officer recommended that the application was permitted for the following reasons:

“In this case, none of the exceptions of General Policy 3 apply, and there is no overriding national need to outweigh the requirement to protect the countryside as required by Environment Policy 1, and so at face value there would appear to be conflict with the Isle of Man Strategic Plan 2016. However, the size and scale of the extended curtilage is proportionately small compared with the remaining field and results in an overall plot size and curtilage akin to neighbouring properties. The proposal does not result in any harm to the character and appearance of the dwellings, streetscene or the wider countryside and key open and long distant views to the south remain unaffected. In this particular instance, there would be some conflict with GP3 and EP14 resulting in limited harm, but given the absence of any visual and practical harm it would be acceptable in this case and not undermining Environment Policy 1 and according with General Policy 2 of the Isle of Man Strategic Plan 2016.”

Sarah Corlett Town Planning Consultancy Ltd 12 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 3.16 The Planning Committee accepted the officer’s recommendation and the application was permitted.
• 3.17 These two examples demonstrate that the extension of a residential curtilage in the countryside, whilst not meeting any of the accepted exceptions in General Policy 3 of the Strategic Plan, can be acceptable where it can be shown that the extension is proportionate to the house with which it is associated and has no harmful impact on the countryside.
• 3.18 In this case the replacement house was permitted without any significant increase in curtilage which would have provided a meaningful amenity area for the residents, taking into account the space afforded to garaging and vehicular manoeuvring and parking. This was further exacerbated when permission was granted for a rear extension to the dwelling, resulting in almost no space between the rear of the house and the adjacent field.
• 3.19 What is proposed we believe is proportionate to the dwelling and not dissimilar to those residential curtilages close by on the Jurby Road. Furthermore, the position of the existing access affords limited if any direct view of the area to be included within the residential curtilage which in any case, is bounded by established trees and a fence.
• 3.20 The proposal would enable easier management of this area whilst providing a useful amenity space for the residents together with the existing paved patio and space to maintain the existing small hedge to the south of the rear paved area (shown in the photograph on page 4 above).
• 3.21 The original cottage on the site was positioned much closer to the main road than is the current dwelling. What exists is a larger property, set back from the road with two sizeable outbuildings and a large area of vehicular hardstanding. Despite this additional development the size of the curtilage has not been significantly or proportionately increased. What is proposed we would submit rejects what has happened on the site and naturally respects the form and layout of the site as it currently appears.
• 3.22 This image below from Google Earth dated 31/07/2006 which was taken after the original cottage had been demolished and the new dwelling and garage had been erected, shows how the land to the south of the dwelling has been managed separately from that alongside, to the north west of the house:

Sarah Corlett Town Planning Consultancy Ltd 13 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

3.23 As such, we would ask that this proposal is viewed favourably as it would enable the occupants to have a residential curtilage proportionate to the size and nature of the existing house, making this area more easily managed whilst having no harmful impact on the appearance and character of the countryside and retaining the majority of the adjacent land accessible and intact.

Sarah Corlett 25.09.25

Sarah Corlett Town Planning Consultancy Ltd 14 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C