22 January 2025 · Committee
Duxbury House, Ballamodha Straight, Ballasalla, Isle Of Man, IM9 3el
Permission was granted to convert a detached garage at Kingsley Farm, Ballamodha Straight, Ballasalla, into tourist accommodation. The farm is a roughly 10-acre property that includes the main farmhouse, a Manx stone two-bedroom cottage already used for tourism, three large chicken sheds, and the detached garage subject to this application. The garage sits some distance from the main house and is positioned closer to the existing tourism cottage. The conversion was proposed using stone cladding to match the appearance of that cottage. The committee considered the principle of the development, visual impact, effects on neighbouring amenities, and highway safety before granting permission. The application was decided by committee on 22 January 2025, with 11 conditions attached to the approval.
The committee approved the application on 22 January 2025. The key planning issues considered were the principle of the development, its visual impact, effects on neighbouring amenities, and highway safety. The officer also recommended approval, and no conflicts between the recommendation and the final decision were identified.
Strategic Policy 8
The application would not harm the use and enjoyment of neighbouring properties and would comply with Strategic Policy 8
Strategic Policy 8: Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man - made attractions. 4.4.5 This policy reflects the general restriction on new development outside defined development zones. Tourist proposals in the countryside will normally be required to meet the above criteria. 4.4.6 Viable and vibrant town and village centres not only provide the opportunity for economic success, but also provide convenient and accessible amenities for all members of the community and an opportunity to obtain renewal of some of our poorer built fabric. Accordingly:
General Policy 2
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
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.
Strategic Policy 5
The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant
Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.
General Policy 2 (b), (g), (h), (i), (m), (n)
The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant
Transport Policy 7
The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Appendix 7.6
The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant
Condition 1
1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
2. Prior to the occupation of the building for tourism - the parking space as indicated on drawing ' 24/KF/MSP`, shall be completed ready for use and retained thereafter for their particular use.
Condition 3
3. Prior to the use of the garage for tourist use the proposed external alterations shall be implemented in full and retained in perpetuity. REASON: To ensure appropriate use as tourist accommodation
Condition 4
4. 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 development shall be undertaken under the following classes of Schedule 1 of the Order at any time:
Condition 5
- Class 14 - Extension of dwellinghouse
Condition 6
- Class 15 - Garden sheds and summer-houses
Condition 7
- Class 16 - Fences, walls and gates
Condition 8
- Class 17 - Private garages and car ports Reason: To control future development on the site.
Condition 5
5. The site outlined in red on (Drawing No. 24/KF/MSP - Site and Location Plans) comprising a dwelling, garage and other outbuildings known as 'Kingsley Farm', Ballamodha Straight, Ballasalla, shall remain as a single planning unit and shall not be occupied separately.
Condition 6
6. Holiday Accommodation (occupancy period) The tourist accommodation hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation. The accommodation shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.
Condition 7
7. Low Level Lighting No external lighting to be installed unless a sensitive low level lighting plan, following best practice as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to and approved in writing by the Department. Thereafter, any such lighting scheme shall be permanently retained and maintained for the lifetime of the development. Reason: In the interests of protecting and enhancing the biodiversity of the environment.
