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Application No.: 24/91420/B Applicant: Mr Matt Newing Proposal: Erection of replacement dwelling and detached garage Site Address: Clypse Moar Farm Clypse Moar Road Onchan Isle Of Man IM4 5BG Planning Officer: Russell Williams Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 16.09.2025 _________________________________________________________________
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: In order to safeguard the landscape character and appearance of the area and in the interest of biodiversity.
Reason: In order to safeguard the landscape character and appearance of the area and in the interest of biodiversity.
All documents should be prepared in accordance with British Standards BS3998:2010 Tree work
The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.
In the event that trees become damaged or otherwise defective during such period, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. In the event that a tree dies or is wilfully removed without prior consent it shall be replaced as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with trees of such size, species and in such number and positions as may be agreed with the Department
Reason: required prior to commencement to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.
The proposals respect the site and surroundings in terms of the siting, layout, scale, form, design of buildings and the spaces around them. The proposals will not harm the character of the surrounding landscape and comply with General Policy 2 (b) & (c). Furthermore, while the proposals will result in a larger dwelling on the site, the design and appearance is considered to result in an enhancement to the site and its landscape setting such that the proposals are justified and in accordance with Housing Policies 12 and 14 and Environment Policies 1, 3 and 2 of the Isle of Man Strategic Plan 2016.
This approval relates to the following drawings and documents received 23 December 2024 and 6 May 2025:
_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Onchan Commissioners - Support the application
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site represents the residential curtilage of Clypse Moar House, Clypse Moar Farm, Onchan. The site represents a 'rectangular shaped' parcel of land which lies to the west of the Clypse Reservoir and accessed via the Ballacottier Road and the narrow roadway leading to the reservoirs themselves. - 1.2 The site is flat in nature within a semi-woodland setting, with mature hedgerows and trees running along the southern and western boundaries of the site. - 1.3 To the north of the site are a number of agricultural barns which are currently used for cattle farming. To the south of the site is a used farm workshop building and then further agricultural stone barns which have steel framed farm buildings attached. These steel framed buildings are in a very poor state of repair/collapsed. All buildings, access lane and surrounding fields are within the applicant's ownership. - 1.4 The dwelling has not been occupied for a number of years, with the Agent suggesting it was last occupied in 2012. - 1.5 An application for a replacement dwelling to the East at Clypse Lodge, was recently approved for the same applicant under reference 24/91421/B.
2.0 THE PROPOSAL - 2.1 The application seeks planning permission for the erection of a replacement dwelling together with alterations to the existing access drive and parking/turning area. - 2.2 The proposed dwellinghouse would be located to the north east of the existing dwellings footprint. The proposed dwelling would have a maximum width of 27.5 metres, an overall maximum depth of 14.6 metres and have a ridge height of 10.5 metres. The measurements include the proposed single storey kitchen building and the main two storey dwellinghouse. - 2.3 For reference, the existing dwelling have a maximum width of 14.8 metres, an overall maximum depth of 13 metres (including rear outbuilding/garage 24 metres) and have a ridge height of approximately 7.5 metres. - 2.4 The proposed two storey, four bedroom dwelling would have traditional elements in its design, being the more usual five upper windows over a central doorway which is flanked with two windows either side. The proposal also includes a double pitched roof with a natural slate finish, two gable end chimneys, a two storey projection central doorway finished in Manx stone, verge details to all gable ends and a painted render finish. The windows are to be timber/aluminium framed double glazed windows. It is not stated whether these will be sliding sash widows or casements. - 2.5 The existing dwelling has a floor area of approximately 370 square metres and the proposed dwelling has a GIA of approximately 505 square metres (excluding garages). - 2.6 The property would utilise the existing vehicular access to serve the property, but would include alterations to the driveway which would accommodate at least two off road parking spaces to the front of the property as well as two further parking spaces within the prosed attached garage.
3.1 The site lies within an area of open countryside and is not designated for any particular purpose on the Area Plan for the East. The site is not within a Conservation Area, Area of High Landscape or Coastal Value and Scenic Significance or a Flood Risk Zone - 3.2 General Policy 2 of the Strategic Plan is considered applicable, which states: "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:
3.3 General Policy 3 states that "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);" - 3.4 Environmental Policy 1: "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." - 3.5 Environment Policy 4: Development will not be permitted which would adversely affect:
features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.
3.6 Environment Policy 3: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value." - 3.7 Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
3.8 Housing Policy 14 states: "Where a replacement dwelling is permitted, it must not be substantially different to the existing in terms of siting and size, unless changes of siting or size would result in an overall environmental improvement; the new building should therefore generally be sited on the "footprint" of the existing, and should have a floor area(1), which is not more than 50% greater than that of the original building (floor areas should be measured externally and should not include attic space or outbuildings). Generally, the design of the new building should be in accordance with Policies 2-7 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for buildings of innovative, modern design where this is of high quality and would not result in adverse visual impact; designs should incorporate the re-use of such stone and slate as are still in place on the site, and in general, new fabric should be finished to match the materials of the original building. Consideration may be given to proposals which result in a larger dwelling where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact." - 3.9 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside is a material consideration.
5.0 PLANNING HISTORY - 5.1 The following applications are of material relevance to the proposal:
PA 19/00205/B Variation of condition one of PA 14/01157/REM. Reserved Matters Application relating to PA 13/00184/A for erection of a replacement farm dwelling addressing siting, design, external appearance, internal layout and means of access, to extend the period of permission by four years at "Clypse Moar Farm", Clypse Moar Road, Onchan. Approved 16th April 2019.
6.0 REPRESENTATIONS - 6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
Onchan Commissioners - The application was considered at the Ordinary Meeting of Onchan District Commissioners held on Monday 20th January 2025. The Board of Onchan District Commissioners would recommend that the application be APPROVED for planning purposes only. DOI Highway Services - No comments. Ecosystem Policy Team - Original objection. Further comments received raising no objection subject to conditions. Detailed comments
The Ecosystem Policy Team confirm that Manx BirdLife's Bird Survey for Clypse Moar Farm dated February 2025, is all in order and that a suitable level of assessment has been undertaken.
Multiple bird nest sites were found in the building, attributed to swallow, wren, starling and jackdaw and therefore avoidance, mitigation and compensation measures are required since the works to replace the dwelling will result in the loss of these nesting spaces. A condition is therefore requested below for a bird mitigation plan to be provided. This will need to include:
Arboricultural surveys have now also been provided, which show that a number of trees will need to be removed to facilitate the development, largely a number of category U ash trees. The Manx Bird Life Survey found a dead ash tree with a likely woodpecker hole near the property, though we are not sure which tree this is within the arb assessment. We therefore request that consideration is given to the retention of this tree as standing dead wood, if safe to do so, though with some works to get rid of dead limbs. Should this tree need to be removed then a woodpecker nest box should also be provided to compensate against the loss
The removal of the trees will require mitigation in the form of new tree and hedge planting and measures will be required to protect retained trees during construction.
Though a full bat survey incorporating multiple evening emergence watches, has not yet been undertaken, we are content in this instance to request that this via a condition, because we have spoken to the Manx Bat Group about their initial assessment of the property for bats and they have confirmed that they are content with the approach. During their initial assessment they found no bats or evidence of bats, such as bat droppings, though due to the condition of the property the presence of bats could not be ruled out. We also recommend the Manx Bat Group undertaken bat assessments on all of the trees to be removed.
Senior Arboricultural Manager - Agree with comments and feel satisfied that the impact is acceptable and can be dealt with a pre commencement condition.
6.2 No representations have been received from members of the public.
7.0 ASSESSMENT - 7.1 The key considerations in the determination of the application are principle of the demolition of the existing dwelling, the potential visual impact of the works to the countryside setting/landscape and impact of development upon trees and biodiversity. PRINCIPLE OF DEVELOPMENT - 7.2 Under the provisions of General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2016, the erection of a replacement dwelling on a one for one basis is acceptable in principle and taken as a suitable exceptional circumstance to the general presumption against development within the countryside. Proposals for replacement dwellings must, however, comply with other relevant policies in the Strategic Plan, including Housing policies 12 and 14. - 7.3 Regarding Housing Policy 12, it is noted that the dwelling is in a poor structural condition and not capable of being occupied without significant renovation and repair works. In considering whether the residential use of the dwelling has been abandoned, the Agent has confirmed that the existing dwelling has not been occupied for approximately for more than ten years, but the property remains rated with the Treasury, with services remaining connected. The supporting information states that there has been a delay in redeveloping the property after the property was put into receivership in 2018, with the latest approval for a replacement dwelling having lapsed in 2023. Since 2018 there has been protracted legal proceedings which have recently been resolved, but such prevented any work being carried out on the site. The current applicant is in the process of purchasing the property with the intent of redeveloping the site, together with the approved development to the east at Clypse Lodge (24/91420/B), the history of which ties in with this application site in regard to planning history, building condition, occupancy and ongoing legal proceedings. - 7.4 In assessing whether a property has lost its habitable status(l) by abandonment, regard will be had to the following criteria:
7.5 Having regard to the period of non-occupation and justification provided, it is accepted that the residential use of the dwelling has not been deliberately abandoned, as is the test under HP12a, and if it were not for the legal proceedings there is every likelihood that the property will have been replaced before now.
7.6 The existing dwelling is in a poor condition and although it could be modernised and renovated in its current form, to do so to modern standards without significant investment and works to create a thermally efficient building and to upgrade the accommodation within to meet modern living standards would most likely be unviable and difficult to achieve. The dwelling has traditional design features but it is not of significant architectural or historic interest. Having regard to the above, the demolition and replacement of the dwellinghouse is acceptable in principle and complies with HP12a. - 7.7 With the principle being established, it remains to be assessed whether the proposed replacement dwelling would be acceptable particularly when considered against the requirements of Housing Policy 14. The policy sets out that replacement dwelling in the countryside should be no more than 50% larger in terms of floor area. In this instance the proposed increase in GIA to the dwellinghouse would equate to approximately 36%. Accordingly, the proposal could be considered to comply with this aspect of the policy. IMPACT UPON THE CHARACTER AND APPEARANCE OF THE AREA/LANDSCAPE - 7.8 Housing Policy 14 states that replacement dwellings which they replace and should be designed in accordance with Planning Circular 3/91 and General Policy 2 requires development to be well designed and to respect the character of the landscape. It is pertinent to note that the proposed dwelling is a match for the design previously approved in 2014 and 2019. - 7.9 The proposed two storey replacement dwelling would have traditional elements in its design, with a pitched natural slate roof, two gable end chimneys to a double gabled roof, a central doorway, water table and verge details to all gable ends and a painted render finish combined with natural stone. The window design and arrangements are considered to comply with policy guidance. - 7.10 In regard to the visual impact upon the wider landscape, the site is highly secluded, being screened by trees and hedgerows in the immediate surroundings and cannot be seen from public vantage points. Although the proposals include the removal of some trees, the site will remain well screened and the new dwelling will not be visible other than from close proximity. The existing dwelling, in its poor condition, detracts from the immediate landscape setting and so its replacement will a well-designed, traditional style dwelling is considered to enhance the character and appearance of the area. TREES AND ECOLOGY - 7.11 The application is supported by an arboricultural assessment of trees within the application site. It identifies a number of trees with varying degrees of value ranging from Category U, Category C and Category B. The proposal is to remove 13 Cat U and C trees with all Category B trees being retained, as indicated on the Tree Removal plan. - 7.12 The Senior Arboricultural Manager has confirmed that they do not object to the proposals subject to tree protection measures being conditioned for pre-commencement approval. These trees are of limited amenity value and their removal will not cause any significant harm to the character or appearance of the landscape. New tree planting to mitigate the removal of the trees can be conditioned. On this basis the application is considered to comply with Environment Policy 3 and General Policy 2 (d) and (f). - 7.13 Regarding ecology, the application is supported by a Bird Survey, which confirms the presence of a number of bird species within the existing dwelling and across the wider site. The Ecosystem Policy Officer is satisfied that the impact of the development upon birds can be suitably mitigated through the provision of replacement nesting features as set out in sections
7.14 Turning to the potential impact upon bats, it is noted that the Ecosystem Policy Officer has discussed the likely presence with the applicants appointed ecological consultants and that whilst evidence of bats was not identified initially, a precautionary approach is required, with a bat survey being conducted before any works commence. Such will allow the presence/absence of bats to be confirmed and if they are found to be present within the site, then suitable mitigation measures can be agreed. - 7.15 Having regard to the above, it is considered that the development will have a limited impact upon trees, bats and birds and that subject to compliance with various conditions, the impacts can be suitably mitigated in order to maintain a favourable conservation status within the site. This approach will ensure the development complies with Environment Policy 4 and General Policy 2 (d). OTHER MATTERS - 7.16 The application will not result in any intensification in vehicle movements to the site, being a one for one replacement. The application secures garage parking for at least two vehicles with further parking space and turning areas within the courtyard area. There will be no adverse impact upon highway safety as a consequence. - 7.17 As a result of its location, the proposed development will not give rise to any unacceptable impacts upon residential amenity, flood risk or other matters of recognised planning importance and complies with relevant Strategic Plan policies in this regard.
8.0 CONCLUSION - 8.1 The proposed development proposals respect the site and surroundings in terms of the siting, layout, scale, form, design of building and the space around it. The proposals will not cause any significant harm the character of the surrounding landscape and comply with Circular 3/91 and General Policy 2 (b) & (c). - 8.2 Furthermore, while the proposals will result in a larger dwelling on the site, the design and appearance is considered to result in an enhancement to the site and its landscape setting such that the proposals are justified and in accordance with Housing Policies 12 and 14 and Environment Policies 1, 3 and 4 of the Isle of Man Strategic Plan 2016.
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):
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
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: 17.09.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner
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