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Application No.: 25/90048/B Applicant: Mr Mark Shuttleworth Proposal: Alterations and installation of balcony Site Address: Ballavale New Farmhouse Ballavale Road Santon Isle Of Man IM4 1EH Planning Officer: Hamish Laird Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 15.07.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: To prevent harm to Bats which are listed on Schedule 5 of the Wildlife Act 1990; and, protected by law arising from the development.
Reason: To prevent harm to Bats which are listed on Schedule 5 of the Wildlife Act 1990; and, protected by law arising from the development.
The proposal would comply with relevant policies GEN2, GEN3, HP15 and HP16 and ENV1, ENV4 and ENV5 of the Isle of Man Strategic Plan 2016. Therefore, it is recommended that the application be approved.
Plans/Drawings/Information; The development shall be carried out in accordance with the following plans and details: Drawing Number: A10 - Site location Plan @1:10,000 scale; and, Site Plan @ scale 1:1,000;
Drawing Number: PR-A300 - Proposed Sections; Drawing Number PR-A401 - Proposed 3D Plan;
_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Department of Infrastructure Highways Services - No objection.
_________________________________________________________________ Officer’s Report THE SITE
1.1 The site is the residential curtilage of an existing dwelling, Ballavale Farmhouse, which sits on the southern side of a lane which leads from Ballavale Road past Ballavale Barns and Ballavale, to the application property and on to agricultural land. The site as defined represents all the land owned by the applicant, not all of which has permission for use as a residential curtilage (see Planning History). This has previously been amended following discussion with the applicant to reflect the approved curtilage with a small extension to accommodate the proposed works as approved by PA 13/00328/B. - 1.2 The dwelling was formerly an agricultural worker's property which was occupied contrary to the terms of that approval for a sufficient time to warrant a Certificate of Lawful Use being
2.1 The full planning application proposes alterations to the dwelling and the installation of a balcony extension to the first floor of the south facing elevation. This would involve a slight increase in footprint; and, alterations to the appearance of the ground floor elevation to enable the flat-roofed balcony area to be installed above. This will be accessed from the existing bedroom alongside through a new sliding door opening. The balcony area would be screened by a glazed 1.2m high balustrade. - 2.2 On the ground floor the walling on the rear elevation will be refinished in smooth painted render and a new platform constructed above, surrounded by glazed balustrades. Two new projections will be constructed, taking the form of zinc finished flat roofed dormers and will accommodate the new door opening onto the balcony and a new glazed projection serving the existing en-suite bathroom alongside. An existing chimney at the rear of the property will be removed to facilitate the development.
3.1 The site lies within the Area Plan for the East and is designated as land being not for a particular purpose - essentially countryside, where there is a presumption against development as set out in Environment Policies 1 and 2. The site also lies within an area designated on The Isle of Man Planning Scheme (Development Plan) Order 1982 as Woodland and within an area of High Landscape Value and Scenic Significance.
3.3 The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EP 1 and GP3). However given there is an existing dwelling on the site, it is relevant to consider Housing Policy 15 which guides extensions to traditional dwellings in the countryside. - 3.4 Housing Policy 15: The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally). - 3.5 Paragraph 8.12.2: Extensions to properties in the countryside As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside. Care therefore, must be taken to control the size and form of extensions to property in the countryside. In the case of traditional properties, the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be acceptable where these destroy the existing character of the property. In the case of non-traditional properties, where these are of poor or unsympathetic appearance, extensions which would increase the impact of the property will generally not be acceptable. It may be preferable to consider the redevelopment
of non-traditional dwellings or properties of poor form with buildings of a more traditional style and in these cases, the Department may consider an increase in size of the replacement property over and above the size of the building to be replaced, where improvements to the appearance of the property would justify this.
In addition, Housing Policy 16 advises:
"Housing Policy 16: The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public."
3.6 It would also be relevant to consider the general standards of development as set out in General Policy 2. - 3.7 Environment Policy 4 protects biodiversity (including protected species and designated sites). - 3.8 Other policies within the Strategic Plan which are considered relevant to the proposal are; Infrastructure Policy 5, Transport Policy 4, and Community Policies 10 and 11.
4.1 Planning Circular 3/91 (Guide to the Design of Residential Development in the Countryside) is considered relevant. The section on 'Proportions and Form' on page 4 provides advice on how to make variations to the floor area of traditional buildings (extensions).
5.1 The site has been the subject of the following applications: PA 15/00115/B- Erection of extension to existing detached garden room - Permitted - 5th March, 2015. PA 13/00328/B - Erection of a detached wooden out building Status Permitted 30th April 2013 Conditions
from the date of this notice.
drawings 1125-00A, proposed elevations, details and 1125/06C received 15th March 2013.
use. The outbuilding may be used only in association with the main dwelling house "Ballavale Farmhouse" and for purposes ancillary to the use of the main dwelling house "Ballavale Farmhouse" as a single dwelling house.
PA 08/00948/B - Alterations and erection of extensions (comprising an amendment to the development approved under 07/01422/B) Status Permitted 26th June 2008
PA 07/01422/B Alterations and erection of extensions to provide additional living accommodation and double garage Status Permitted 14th September 2007
PA 06/01878/B - Alterations and erection of covered parking for three vehicles with 'granny flat' living accommodation above Status Refused 21st December 2006
PA 06/00299/LAW - Application for a Certificate of Lawful Use, relative to an agricultural worker's occupancy condition applied under planning application 37410 (dated 16/04/74) Status Certificate of Lawfulness AGREED 15th May 2006
PA 05/92142/C - Removal of agricultural worker occupier and agricultural holding conditions on existing property Status Application Withdrawn 22nd May 2006
REPRESENTATIONS
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Highway Services (30/01/25) has expressed no interest as they have no implications for highway safety. - 6.2 Santon Parish Commissioners - no comments had been received by the Report drafting stage 22/4/25. - 6.3 The Ecosystems Policy Team (10/2/25) comments as follows: The Ecosystem Policy Team do not object to the principle of these proposals.
However, the works to create the balcony are located in very close proximity to one of the bat emergence points and therefore could impact on the bat roost and bats entering and exiting their roost. Therefore additional bat surveys are required prior to the determination of this application in order to determine how/if the proposals will impact on bats and their roost spaces.
Bat surveys are required to identify the species of bat utilising the property, their abundance, whether they are breeding and where the roosts are located, and this will determine the mitigation required. Bat surveys should be undertaken in accordance with the Bat Conservation Trust's Bat Surveys for Professional Ecologists - Good Practice Guidelines, 4th edition (2024). Surveys will need to include summer emergence surveys and internal checks to look for bats and signs of bats. A report detailing the findings of the surveys, alongside appropriate avoidance and mitigation measures, to ensure that bats and birds are protected during and after development, should be submitted to Planning prior to determination of the application
The plans also include a new clear glass balustrade in close proximity to the bat emergence point. Research has shown that smooth surfaces, such as clear glass panels, interfere with bats' echolocation patterns (effectively the bats can't 'see' them), increasing the likelihood of collision and therefore injury or mortality. Measures will therefore be required in this area to prevent collisions.
Potential conditions Should this application be approved despite this objection and without the above requested information, we request conditions are secured for the following:
No works to commence unless bat surveys, including summer emergence surveys and internal inspections have been undertaken by a suitably qualified ecological consultancy and a report detailing the findings has been submitted to Planning and approved in writing.
No works to commence unless a bat mitigation plan has been submitted to Planning and approved in writing.
No works to commence unless a plan detailing the measures that are to be put in place to prevent bat strikes on the clear glass balustrades, is submitted to Planning and approved in writing. Measures could include use of etching, ultraviolet coatings or decals. Additional Information Bats are listed on Schedule 5 of the Wildlife Act 1990; they are protected by law and it's an offence to intentionally or recklessly: kill, injure or take a bat; damage or destroy, or obstruct access to, any structure or place which bats use for
shelter or protection;
disturb any bat while it is occupying a structure or place which it uses for that purpose. The maximum penalty that can be imposed is a fine up to £10,000."
6.4 No comments had been received from occupants of any neighbouring or nearby properties by the Report Drafting stage (16/04/25).
7.1 The main issues to consider in the assessment of the current application are:
"The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)."
"The balustrade will be required to be made "visible" to bats by creating a return echo which will mean giving the surface a three dimensional structure. It is not clear if this can be done whilst retaining the desired properties of a see-through balustrade and a different solution may need to be found in consultation with the architects, perhaps high tensile wire or stainless steel rods."
8.1 Overall, it is considered the proposal would comply with the relevant policies GEN2, GEN3, HP15 and HP16 and ENV1, ENV4 and ENV5 of the Isle of Man Strategic Plan. Therefore, it is recommended that the application be approved. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted Date: 17.07.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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