17 July 2025 · Delegated
Spring Waters, Ballamodha Straight, Ballamodha, Ballasalla, Isle Of Man, IM9 3az
Permission was granted for the additional use of a cottage and bungalow at Springwaters Farm, Ballamodha Straight, Ballamodha, Isle of Man for tourism purposes. The two properties had previously been approved as ancillary accommodation and sit within a cluster of outbuildings approximately 15 metres north-east of the main farmhouse. The officer's report identified four main planning issues: whether the proposal complied with housing policy, the severability test in relation to four-month holiday lets, effects on neighbouring amenity, and highway safety. Access to the site uses an existing concrete track already serving the wider farm. The application was approved under delegated powers with seven conditions attached. The decision was signed by the Director of Planning and Building Control.
The application was approved by the Department of Environment, Food and Agriculture on 17 July 2025. The officer considered key issues including compliance with housing policy, the severability test relating to four-month holiday lets, impact on neighbouring amenity, and highway safety, and recommended approval. The final decision matched that recommendation.
Paragraph 9.5.8
no demonstrable harm arising from the proposal
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.
Housing Policy 16
principles of Housing Policy 16
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. 8.13 Conversion of Buildings to Flats 8.13.1 There are in the Island, and particularly in Douglas, many substantial buildings which, because of their size or form, are no longer suitable for the originally intended use as either single dwellings or holiday accommodation, but which are still structur ally sound. The Department has for many years encouraged the conversion of such buildings, where appropriate, into flats. 8.13.2 The size, layout, occupancy, etc., of flats are controlled by the Housing (Flats) Regulations 1982. However, all flats should also have a good external environment, characterised by - (a) a pleasant, clear outlook, particularly from the principal room(s) of the flat and (b) access to external space for the purpose of clothes-drying, refuse storage, car-parking, and general amenity. 8.13.3 Many buildings which are generally suitable for conversion into flats not only have very little space around them, but also have an annex or "outlet" at the rear. The Department may require the demolition, in total or in part, of such "outlets" even where the immediate use of the cleared space may not be possible, for example where more than one rear annex may be needed to be removed to gain access or highway work such as road widening may be required to make the cleared space useful. Such demolition will: (a) remove accommodation which has a poor environment and limited outlook; (b) permit the creation of parking space; and (c) assist in admitting light and air to the rear of the building proper. Where such demolition is not so required, the accommodation must generally be organised so that every flat has an outlook from the front of the building, and so that no flat is contained entirely within an "outlet". Exception may be made to this general approach where the environment at, and the outlook from, the rear are pleasant and open.
General Policy 2
Relevant policies are 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
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:
Environment Policy 16
Environment Policy 16 and 22
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.
Business Policy 11
Business Policy 11 -13 allow tourist
Business Policy 11: Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designat ions which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be (1) Tourism Strategy 2004 - 2008 Fit for the Future Department of Tourism and Leisure April 2004 situations where existing rural buildings could be used f or tourist use and Environment Policy 16 sets out the circumstances where this may be permitted.
Housing Policy 15
Housing Policy 15 & 16
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).
Transport Policy 7
Transport Policy 7 of the Isle of Man Strategic Plan 2016
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.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
The two cottages hereby approved for additional use as holiday accommodation shall not be occupied by any one person or group of persons for more than 28 consecutive days during the period from 1st April to 30th September in any calendar year.
Condition 2
However, between 1st October and 31st March, the unit may be let for longer-term residential occupancy, provided that:
Condition 2
a) A register of lettings, including the names of all occupiers and their main home addresses, shall be maintained and made available for inspection by the Local Planning Authority upon request;
Condition 2
b) The unit shall not be occupied by the same person or group of persons for more than 4 months in any 12-month period."
Condition 3
The two cottages hereby approved shall only be used as ancillary accommodation in association with the main dwelling house "Springwaters Farm" and for purposes incidental to the use of main dwelling house "Springwaters Farm" as a single dwelling, or as a tourist unit that shall not be used or occupied other than for the purpose of short-let holiday and out of season longer term residential accommodation as per condition 2 and they shall not be used as a separate dwellings.
Condition 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 extension, enlargement or other alteration of the units(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Minor Change To PA 23/00717/B to change extension floor level to match that of main building and alteration of external wall finish from render to composite cladding
Permitted
Conversion refurbishment and extension of redundant building to create a dwelling
Extensions and alterations to dwelling
ancillary accommodation
recently approved for ancillary accommodation