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Application No.: 25/90299/B Applicant: Mr Paul Carey Proposal: Erection of replacement detached dwelling, (comprising of amendments to PA 24/91348/B) Site Address: Sycamore Cottage Ballaslig Ballacorey Road Andreas Isle Of Man Planning Officer: Russell Williams Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 22.05.2025 _________________________________________________________________
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 safeguard the countryside for its own safe and to ensure the development does not increase the number of dwellings on the site which would be contrary to policy.
Reason: To ensure the delivery and retention of an appropriate landscaping in the interests of the visual amenity of the locality.
Reason: To ensure the delivery of an appropriate ecological enhancement measures, in the interests of the bats and birds in the locality.
Reason: To ensure that retained trees are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
Reason: The dwelling represents a significant enlargement to the existing, the future extension of which may impact upon the character and appearance of the landscape and thus require further assessment by the Department.
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 or townscape and comply with General Policy 2 (b) & (c) and General Policy 3 (d). 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 Policy 14. Finally, the proposal would not adversely affect the countryside or harm the character and quality of the landscape complying with Environment Policy 1 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to the following drawings and documents received 19 March 2025:
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI - Highway Services & Drainage - No objection
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site is located within the wider holding associated with Ballasleig Croft. The holding is approximately 11 acres which is located on the northern side of the Ballacorey Road (C15) which links the Bride Coast Road (A10) with the Andreas Road - 1.2 The holding accommodates some existing buildings including an existing occupied dwelling (Ballasleig Croft), a former dwelling (Sycamore Cottage) which has planning approval for replacement with a dwelling, which has commenced, and a small outbuilding with timber shed behind. - 1.3 The application site is located east of the dwelling known as Ballasleig Croft and comprises the site of a former cottage, bounded in all directions by hedgerow and tree planting.
2.0 THE PROPOSAL - 2.1 The application seeks planning permission for the construction of a replacement dwellinghouse, which will replace the extant planning consent on the site previously commenced under application reference 06/01821/B. This application comprises an amended scheme to that permitted in February 2025, reference 24/91348/B. - 2.2 The amendments to the recently approved design are:
3.0 PLANNING POLICY - 3.1 The site lies within an area not designated for any particular purpose on the 1982 Plan. 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 Housing Policy 12: The replacement of an existing dwelling in the countryside will generally be permitted unless:
3.6 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. - 3.7 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."
4.1 Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside is a material consideration. - 5.0 PLANNING HISTORY
06/01821/B - Erection of a replacement cottage - Permitted 11 April 2007 and development implemented. 24/91348/B - Erection of replacement detached dwelling - Permitted 25 February 2025.
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Andreas Parish Commissioners - No comments received. DOI Highway Services - No interest registered.
DOI Highways Drainage - Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: As there are no details of any vehicle access routes or parking it is not possible to determine if there is compliance with the clauses stated. Therefore the applicant is to be aware off and demonstrate compliance with the clause stated.
Ecosystem Policy Team - No objection - 24/91348/B, are also secured for this application (C.4 & 5). We also remind the applicant that although the very dilapidated state of the existing building is likely to preclude use by bats, the presence of bats can't be entirely ruled out. There may also be suitable space for nesting birds within the building. We therefore recommend precautions are taken when the building is being demolished. Thorough checks for bats and birds must be made in and around the building prior to its demolition. If bats or birds, or evidence of bats and birds, such as nesting material or piles of droppings, are discovered, all work must stop and advice be sought from the DEFA Ecosystem Policy Team on 01624 651577.
6.2 No representations have been received from members of the public.
7.1 The key considerations in the determination of the application are the principle of development and the impact upon the countryside. 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, the use of the existing dwelling has been abandoned as can be seen on site, though it is a fair assessment to conclude that the former cottage is of no architectural or historic interest given its form of construction and finished appearance and materials.
7.4 Notwithstanding the abandonment of the existing dwelling, the presence of two extant planning permissions for the construction of a replacement dwelling is a material consideration to the consideration of the application and principle of development. - 7.5 The extant planning permission represents a viable fall-back position against which the new proposal for a replacement dwelling can be justified. The new proposal would be sited over the footprint of the commended development and would therefore form a one-for-one replacement - 7.6 Having regard to the above, it is considered that the principle of a replacement dwelling is acceptable. IMPACT UPON THE CHARACTER AND APPEARANCE OF THE AREA/LANDSCAPE
7.8 The application site is located in open countryside, though its position in the landscape relates well to existing buildings at Ballslieg. - 7.9 The site is relatively inconspicuous within the wider landscape and cannot be readily seen from public vantage points, being located some 300m from the nearest public highway. The site is enclosed by high tree and hedgerow planting which will be retained and protected during construction. - 7.10 The proposed design is similar in many ways to that approved under 24/91348/B, save for those amendments set out at Section 2.0. Although the dwelling will be larger, the general design continues to take its queues from a traditional Manx farmhouse, as is required by Policy
3 of Planning Circular 3/91. The design also utilises traditional materials to the walls and roof and window and door proportions and positions are well balanced and together with the chimneys, the design comprises a traditional rural form.
7.11 The design of the dwelling now proposed is similar to the extent permission but incorporates various features that create a contemporary approach to the traditional farmhouse. The proposed glazed balcony is slightly at odds with the area but it is located to the rear of the dwelling and will not be seen from public vantage points. The provision of a stone finished two storey gable to the front creates an attractive feature to which there is no objection. - 7.12 Regarding Housing Policy 14, it is noted that the replacement dwelling will not be sited on the footprint of the existing dwelling, though the principle of this situation has already been accepted under the extant planning permission. Demolition of the existing dwelling can be secured and enforced through a suitably worded planning condition to ensure there is no risk of the existing dwelling being retained on the site, which would be contrary to policy. - 7.13 Housing Policy 14 sets a limitation for any increase in the size of replacement dwellinghouses to 50% of the existing floor area. The GIA of the dwelling is increased slightly compared to the both extant permissions, but the increase is considered to be minor. Housing Policy 14 does provide for circumstances where larger dwellings may be supported. It states that "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." - 7.14 It is beyond doubt that the existing cottage is of poor form, construction and visual appearance. The proposed replacement dwelling is, however, of a traditional design with contemporary elements as described and it will utilise materials that are characteristic of the Manx countryside.
7.15 The proposals are considered to represent betterment in terms of the character and appearance of built form on the site. The increase in floor area is also considered to be justified in that the new dwelling will be constructed to modern day energy efficiency standards and the design incorporates sustainable design features that will reduce energy use and associated impact of a larger dwelling on the climate. OTHER MATTERS - 7.16 The proposed development will not give rise to any unacceptable impacts upon highway safety, residential amenity, ecology, flood risk or other matters of recognised planning importance. The additional solar PV panels will improve the energy efficiency of the dwelling and offsets the minor increase in GIA proposed.
8.1 The application will provide a betterment to the existing dwellinghouse on the site and is considered to be of an acceptable design, scale and appearance.
8.2 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 or townscape 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 Policy 14. Finally, the proposal would not adversely affect the countryside or harm the character and quality of the landscape complying with Environment Policy 1 of the Isle of Man Strategic Plan 2016.
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: 23.05.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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