9 April 2025 · Committee
Ballachrink Farm, Ballanicholas, Garth, Crosby, Isle Of Man, IM4 2hd
The application sought retrospective permission to convert an existing farm building at Ballachrink Farm into storage for equipment, tools and materials, and a vehicle workshop. Physical works included installation of a roller shutter door and creation of a hardstanding at the rear for parking work vehicles. The site is in open countryside, where there is a general presumption against non-agricultural development. The key planning question was whether the reuse of this rural building could be justified under Environment Policy 16, which allows some rural buildings to be repurposed for small-scale commercial or industrial uses. Although the building was found to lack the architectural or historic merit required under EP16(b), it is structurally intact and the proposal requires no extension, satisfying EP16(a) and (c). The small scale of the building and the limited nature of the operation meant there were no significant traffic implications, no threat to the vitality of nearby town or village services, and no unacceptable harm to the agricultural character of the site or the wider countryside.
The Planning Committee approved the application because the small scale of the building and operation meant it met the key criteria of Environment Policy 16 for rural building reuse. It caused no significant traffic impact, no harm to town centre vitality, and no unacceptable harm to the agricultural character or wider countryside. Conditions tightly restrict the use to storage of equipment and tools, with parking limited to one vehicle, ensuring the approval remains acceptable only because of its limited scale.
reuse of existing rural building for small-scale industrial/commercial
While this building lacks merit under EP16b, it remains intact and the proposed use requires no extension, meeting EP16(a) and (c). The building's small size and small scale of operation do not cause significant traffic issues or affect town vitality, in line with EP16(d) and (e)
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.
protection of countryside for its own sake
this small size and scale means the proposal doesn't adversely harm the agricultural character of the site or surrounding countryside to an unacceptable degree, meeting EP16(f) and Environment Policy 1
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
loss of Class 1 or 2 agricultural land
Parking on the rear hardstanding does not impact agricultural land per Environment Policy 14
also to entail the permanent loss of some versatile A2 agricultural land, falling within Class 3/2 as shown on the Agricultural Land Use Capability Map of the Isle of Man. This would be counter to Environment Policy 14 of the Strategic Plan. In my view, this should tell against the retention of this land as a Strategic Reserve Site. 348 I recommend that the proposal to show Site BH032 as a Strategic Reserve Site for potential residential development be deleted from the Area Plan. Site GH011 - Ballacollister Road, Laxey; and Site GH015 - Briar Dale, South Cape, Laxey 349 Site GH011 consists of about 2ha of open land on the east side of Ballacollister Road, Laxey, immediately to the north of that village's existing built up area. It is allocated for residential development in the Laxey and Lonan Area Plan 2005, but is outside the existing settlement boundary of Laxey as shown in the draft Area Plan. In 2007, planning approval in principle was granted for six dwellings on this land, but this was never taken, up and has now lapsed. 350 Site GH015 is contiguous with Site GH011, to the north-east. It has an area of about 0.22ha, and is shown as woodland in the Laxey and Lonan Local Plan 2005. It is outside the settlement boundary of Laxey, as shown in the draft Area Plan. 351 In the draft Area Plan as published in May 2018, these sites were allocated for residential development. However, in the Schedule of Proposed Changes published in July 2019, the Cabinet Office indicated that they would be relegated to the status of Strategic Reserve Sites. 352 Mr M Perkins referred to current sewage problems in this area, although I understand that new provision for sewage treatment is planned for Laxey. Miss P Newton felt that the development of this land would detract from the visual amenity of Laxey. It would be visible across a wide area, and would require the removal of trees. M Turner and A Kennaugh referred to the poor access, and considered that Site GH011 should remain in agricultural use. Inspector's Conclusions 353 I consider that, at present, access to these sites is unsatisfactory. Ballacollister Road is a single-track lane, which would require widening to permit two vehicles to pass one another without difficulty. Its junction with the A2 is sub-standard. 354 In view of this, I am not convinced that these small sites should be considered as providing an appropriate location for a sustainable extension to Laxey. Furthermore, I have seen no evidence that there is a local housing need that would justify the extension of this settlement into the surrounding countryside. In the circumstances, I am not persuaded that there is a case for either site to be reserved for future development. 355 I recommend that neither Site GH011 nor Site GH015 be allocated for residential use in the Area Plan, either for immediate development, or as strategic reserve land. Site GH020 - Land adjacent to Ard Reayrt, Laxey 356 Site GH020 comprises about 1.5ha of undeveloped land within the existing settlement boundary of Laxey, as shown in the draft Area Plan. It is within an established housing area, in a hillside location, on the northern side of the village. It was allocated for residential development in both the 1982 Development Plan and the Laxey and Lonan Local Plan 2005. In the draft Area Plan as published in May 2018, it was proposed as a residential allocation for immediate development. However, in the Schedule of Proposed Changes published in July 2019, the Cabinet Office indicated that it would be relegated to the status of a Strategic Reserve Site. 357 Mr M Perkins referred to the surface water drainage problems in Laxey. There had been recent flooding events in the village and these could be expected to increase in frequency and intensity as a result of climate change. Development of this site would exacerbate this problem, by accelerating the rate of run-off from the newly installed hard surfaces. The soils here are shallow and overlie rock. As a result soakaways quickly overflow. Inspector's Conclusions 358 During the course of the inquiry, there was a serious flood event in Laxey, and it is important that the risk of further such events should not be exacerbated. In my view it would be poor planning to provide for the development of this site without being certain that measures could be taken to ensure that there would be no increase in the rate of surface water run-off. On the evidence available to me, I am not certain that this would be possible. In the circumstances, I consider that the allocation of this site should be deleted from the Area Plan. 359 I recommend that Site GH020 be deleted from the Area Plan as either a specific housing allocation or as a reserve site for residential development. Site GH038 - Land between Balacollister Road, Rencell Hill and Axenfel Lane, Laxey 360 This is a parcel of about 0.8ha of undeveloped land. The draft Area Plan shows it to fall outside the Existing Settlement Boundary of Laxey, which runs along its northern and
make best use of existing underused sites
Relevant policies of Strategic Plan.
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
new development directed to existing towns and villages
Relevant policies of Strategic Plan.
Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
major employment generating development should be in existing centres on land zoned for such
Relevant policies of Strategic Plan.
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:
development only in countryside in accordance with GP3
Relevant policies of Strategic Plan.
e ease of movement for workers & residents within St Georges to access to the Strand Street area. Figure 6 sets out an indicative arrangement for the site. Short Term PUBLIC REALM / MOVEMENT SS5 Public realm improvements to support connections through and around the Chester Street Car Park The Chester Street Car Park offers an important opportunity to address level changes between Upper and Lower Douglas helping to resolve changes in levels. The Chester Street car park forms an important entrance to the centre, providing access to the Museum also. The arrival at Market Street via the public access should be improved through public realm improvements to support a visual connection onto Strand Street. SS6 Ginnel public realm & lighting improvement The existing link quality from Market Street to Strand Street could be improved by lighting improvement and public realm, this could be something as simple as a projection onto a simple paved surface. Medium Term SS7 Modest boundary and public realm improvements along Market Street Market Street is a thoroughfare, whilst it is used as a cut through, efforts could be made to retain pedestrian movement onto Strand Street. Market Street's primary purpose is as a service and vehicular route, where new developments are proposed and where the public realm crosses this, the treatment should reflect the pedestrian priority and slow traffic. However, for most of the street the priority should be to tidy and clean up the frontages and boundaries, through landscape and maintenance. SS8 Public Realm improvement to Finch Road and Well Road Hill, and Market Street to address level changes, including some demolition This is a key route into Lower Douglas and could be improved through widening and the inclusion of a four small units that are considered of low townscape quality (40a & 40b, Finch Road, 19 & 21 Wells Road Hill). Further opportunity is offered if the health centre is brought into the scheme; this area could be reworked to include a lift. The route gradient would benefit from a gradient reduction using shallow steps to reduce the severe angle, alongside an improvement to the quality of the space. Figure 4 sets out an indicative rearrangement of this space. Central Douglas Masterplan RESPONSE TO OBJECTIVES An exciting place to invest and do business The improved retailing opportunities provided through enlarged units will provide multiple retailers the much needed space for them to invest on the Island. Strand Street will provide an important supporting service to the adjacent business community. A thriving town centre and shopping destination The evolution of the centre to incorporate larger retailer units to support the diversification of the centre will increase footfall and attraction into the centre from younger shoppers who currently shop off Island and over the Internet. The focussed retailing areas will create points of interest along the Strand Street corridor and help to feed into other areas of development. A well connected and accessible environment Linking into Upper Douglas through proposed development and public realm projects, creating easier and legible routes. Strand Street sits at the centre of the Central Douglas area therefore is crucial within a town centre circuit. An attractive & engaging place to spend time The ongoing public realm improvements along Strand Street and linking to adjacent areas will create a positive perception and an attractive place to spend time. A distinctive and sustainable Capital New developments and the creation of new spaces will support the on-going evolution of Douglas as a Capital Town. By creating improved retailing options on Island the need for travel off Island to shop will be reduced, with spend retained on Island. A high quality retailing environment will engage and retain shoppers for a day's activity, rather than a brief trip into the centre to get an item. Central Douglas Masterplan A number of indicative sketch schemes have been prepared for the Strand Street area to consider how the proposed projects could be accommodated. Figure 4 Indicative Sketch Scheme for Well Road Hill, looking at how better access can be achieved. Figure 5 Indicative sketch scheme for Strand Street unit enlargement through the removal of existing units, and the opening up of the Market Street site. Central Douglas Masterplan Figure 6 Indicative sketch scheme for the Victory House site connection to Marks & Spencer with Cross Section Central Douglas Masterplan Figure 7 Indicative sketch scheme for the existing Villiers Square and AXA site Central Douglas Masterplan The Rock, Bury; recent retail development creates a mixed use development, with retail at ground floor, and other town centre uses accommodated above. The Pavilion Cafe, Liverpool, creating natural surveillance onto public space Covered retail streets at Liverpool One. The
general development standards
Relevant policies of Strategic Plan.
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
exceptions to development in the countryside
Relevant policies of Strategic Plan.
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.
highways capable of accommodating the proposed use
Parishes which are examined in more detail later in the document. A key factor in the formulation of the Spatial Vision has been consideration of the findin gs of the Landscape Character Assessment4; an Island-wide Study undertaken in 2008.
new development close to existing transport routes
Relevant policies of Strategic Plan.
. 106 of the buildings on the Register are located in the East. Building registrations are divided by Local Authority below: Registered buildings in the East Registered Buildings in the East14 Total in each Local Authority area Douglas 73 Onchan 14 Braddan 11 Santon 3 Marown 2 Laxey 2 Lonan 1 Total 106 Unlike in the UK, there is currently no grading system in place for Registered Buildings, though this is under review. Treatment of Registered Buildings is covered by the Town and Country Planning (Registered Buildings) Regulations 2013 and by Planning Policy Statement 1/01. It is recognised that the East, in common with the Island as a whole, contains a significant waiting list of historic buildings which may be worthy of Registered Building status. The process of appraisal and registration is ongoing. 14 As recorded at the time of the Plan's Adoption, September 2020 Urban Environment Proposal 5: Where an application relates to a building which has been proposed for entry onto the Register, advice must be sought from the responsible Department prior to the submission of any planning application on how best to approac h any modifications to such historic assets. Conservation Areas Of the 20 Conservation Areas on the Island, 11 of these are within the East and the majority are in Douglas: Conservation Areas in the East Douglas Other Settlements Little Switzerland Laxey Ballaquayle Road Onchan Selborne Drive Windsor Road Olympia Woodbourne Road Douglas Promenades Athol Street/Victoria Street/Duke Street Douglas North Quay Conservation Area Character Appraisals have been carried out for a number of areas in the East and this work is to be reviewed before any action to designate new Conservation Areas. Cabinet Office is committed to moving forward with this work during the remainder of the plan period in line with the procedure set out in Section 18 of the Town and Country Act 1999. It is worth noting that new developments could and should form the conservation areas of the future by providing excellent examples of well designed, environmentally sustainable and liveable communities. Ancient Monuments There is a diverse collection of heritage assets in the East, ranging from the Neolithic to the modern period. While some monuments are protected by the Manx Museum and National Trust (Manx National Heritage), the immediate setting and, in some instances, the landscape context may also need protection or enhancement. Many heritage assets are located on comparatively remote or isolated sites which are unlikely to be subject to change arising from development but others are within or close to our settl ements or may be close to potential mineral workings or sites for public infrastructure. The sites included on the Environmental Constraints Map represent the most up to date list of Ancient Monuments. Of the 29 protected Ancient Monuments in the East, among the most notable are: • The Braaid: Site of an ancient Celtic -Norse era community including remnants of a roundhouse (c650 CE) and two longhouses (c950 CE). • King Orry's Grave: Neolithic chambered tomb (3000 BCE). • St Trinian's Church: A 14th Century church which lost its roof in the 17 th Century, also known as the Keeil Brisht or 'Broken Church'. • The Great Laxey Wheel: The largest surviving working wheel of its kind in the world. Built in 1854 to pump water from the Glen Mooar section of the Great Laxey Mines complex. Urban Environment Proposal 6 Applications on sites or close to sites that contain an Ancient Monument must be designed taking into account the character of the Monument and its environs to ensure it is satisfactorily protected. Railway architecture The route of the still -operational Isle of Man Steam Railway winds south and west from Douglas through Port Soderick and Santon Stations before continuing to its terminus in Port Erin. Given that the route, most of the rolling stock, and mos t of the station buildings and line-side structures are essentially as they were when the railway opened in 1874, there is obvious cultural and historic interest. The same is true (in terms of interest) for the MER. Urban Gulls The large population of gulls has become a concern in Douglas and other coastal settlements in the East due to the nuisance caused by noise , detritus and aggression towards humans during nesting season. In addition to stopping the feeding of gulls and pigeons and ensuring bins are adequately covered, steps can be taken to 'design out' this issue by installing the following devices: • bird netting or mesh • bird spikes • chimney spike system • chimney mesh cover • bird wire system Contaminated and polluted sites The re-use of previously developed land is an important element in achieving regeneration and sustainable development objectives and to improve both the built and living environment. This is supported by paragraph 7.20.2 and Environment Policy 26 of the Strategi
parking in accordance with standards
Relevant policies of Strategic Plan.
Condition 1
Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the building outlined in red on the approved plans shall not be used other than for the storage of equipment, tools and materials; and for no other purpose in Class 2.4 of Part 2 of the Order at any time.
Condition 2
The use hereby approved relates only to the use of the building annotated 'STORAGE' on the approved plans only and to the associated parking of one vehicle relating to the approved use within the hardstanding area within the red line.
Condition 3
With exception to the parking of an associated vehicle on the approved hardstanding area, there shall be no external storage of any equipment, tools or materials unless otherwise agreed in writing by the Department.
Condition 4
No customers are permitted to the site at any time.
Condition 5
Should the approved use cease for a period of 6 months or more, the site outlined in red shall revert to agriculture with immediate effect.
Condition 6
There shall be no external lighting at the site.