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Application No.: 25/90454/B Applicant: Mr Dean Ayres Proposal: Erection of a replacement detached dwelling and associated detached garage, greenhouse and workshop Site Address: Abbey Mill Lodge Bridge Road Ballasalla Isle Of Man IM9 3DA Senior Planning Officer: Mrs Louise Phillips Expected Decision Level: Planning Committee Recommended Decision: Refused Date of Recommendation: 12.11.2025 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal - R 1. By virtue of the extensive use of black metal, particularly on the proposed dwelling but throughout the application site, the proposed development would not be in keeping with the surrounding buildings which give the Silverdale Conservation Area its special character. The new development would change the character of this part of the Conservation Area in a harmful way, and its character and appearance would neither be preserved nor enhanced. The proposed development would therefore fail the statutory test set out in Section 18(4) of the Act; and it would also conflict with Strategic Policy 4(a) and Environment Policy 35 of the Strategic Plan. - R 2. By virtue of the extensive use of black metal, the proposed development would not respect the design of the existing buildings around it or the materials used in the local area. It would therefore fail to take account of the character and identity of the immediate locality and so conflict with Strategic Policy 3(b), Strategic Policy 5, General Policy 2 (b & c) and Environment Policy 42 of the Strategic Plan. - R 3. The proposed new dwelling would be in close proximity to existing mature trees on the eastern and western boundaries of the site. It would be within falling distance of the largest trees on both boundaries and the trees to the west would shade the garden close to the house and some internal living space in the afternoon. The trees might also give rise to nuisance caused by seasonal debris, such as fallen leaves in gutters. All these issues give rise to a significant risk of pressure for unreasonable and disproportionate pruning, which would threaten the health and longevity of the trees. The proposal would therefore be contrary to General Policy 2(f) of the Strategic Plan. - R 4. The new dwelling would present its tallest, black metal clad elevation to the much smaller Mill Cottages to the north. On account of its relatively large scale, its domineering appearance and close proximity, the new building would be overbearing and give rise to at least the perception of overlooking and, potentially, real overlooking. Thus it would be an unneighbourly form of development which would harm the living conditions of the occupiers of Mill Cottages in respect of outlook and overlooking. This would be contrary to General Policy 2(g) of the Strategic Plan. _________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: - o Highways Drainage, DOI (no objection) - o Manx Utilities Authority, Water (no objection) - o Malew Parish Commissioners (no objection) - o Flood Management Division, DOI (no objection subject to conditions and the application is refused)
_________________________________________________________________ Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
0.0 PREAMBLE - 0.1 This report was included in the agenda for Planning Committee on the 24th November and was deferred for a site visit, which has now taken place. The report is unchanged.
1.0 THE SITE - 1.1 The site frontage is with Bridge Road, but it is a deep site which also has access (presently unused) onto Mill Road to the north. It has irregularly shaped boundaries with semidetached Mill Cottages, Abbey Church and Anne's Cottage to the north and east; and with the Silverburn watercourse, "That'll Do" and a former Methodist Chapel to the west. There is significant mature landscaping in the form of trees and other vegetation along the main eastern and western boundaries. The boundary with Mill Cottages is presently open. - 1.2 The site is occupied by a detached dormer bungalow with a flat-roofed garage near to the Bridge Road frontage. This building can be removed in compliance with Registered Building Consent already granted (24/00530/CON). To the north of the bungalow is a large, open "paddock" area and a wooden stable block near to the boundary with Abbey Church.
2.0 THE PROPOSAL - 2.1 The proposed development is a detached house to the north of the existing bungalow on the open land; a detached garage to the south of the new house; a workshop close to the Bridge Road boundary, adjacent to the former Methodist Chapel; and a greenhouse to the north of the new house, close to the boundary with Mill Cottages. The existing stable would be removed.
2.2 The proposed house would be a mix of one and two storeys in height, with two gableended sections linked together. The single storey elements would include accommodation in the roof space. The house would have several entrance points, but the main "front door" would be on the east elevation facing the church, and the rear west elevation would include large feature windows facing the Silverburn. - 2.3 The two-storey section would be at the northern end of the site facing Mill Cottages and
2.4 The walls of the gable elevations facing east and west would be finished in white render, while those of the north and south facing elevations and the central linking section would be clad in black metal standing seam panels. The roof would also be finished in metal standing seam panels, including integrated solar panels on south, east and west facing slopes. - 2.5 The proposed garage would measure 7m x 7m x approximately 6m high at the ridge. It would have white rendered walls, a black aluminium door and a black metal standing seam pitched roof with solar panels on the south facing slope. The workshop would measure 8m x 10m x approximately 3m high and have white rendered walls, black aluminium doors and a black metal standing seam flat roof. It is proposed to be used in connection with the dwellinghouse and not for any commercial purpose. The greenhouse would measure approximately 3.4m x 6.3m x 3m high to the ridge. It would be constructed with a black aluminium frame and toughened glass and have a pitched roof. - 2.6 The proposal would result in the loss of two individual trees and two small groups of trees - all of Category C quality; and it is proposed to plant 13 new trees in various positions across the site.
3.0 PLANNING POLICY Site Specific - 3.1 The site is within the Silverdale Conservation Area, designated for its special character, and the site is covered by Registered Tree Area RA2078. There are no Registered Buildings which would be affected by the proposal. The site is at medium to high risk of fluvial flooding and at high risk of surface water flooding. Area Plan for the South 2013 - 3.2 The site is within the settlement boundary, in a predominantly residential area. Isle of Man Strategic Plan 2016 - 3.3 Strategic Policy 3(b) requires regard to be had to the use of local materials and character in the design of new development. - 3.4 Strategic Policy 4(a) requires development to protect or enhance the fabric and setting of Conservation Areas. - 3.5 Strategic Policy 5 requires development to make a positive contribution to the environment of the Island. - 3.6 General Policy 2 provides that development in accordance with land use zoning and other relevant proposals and policies of the Development Plan will normally be permitted subject to certain criteria, including those below which are relevant to this proposal. The development should:
3.7 Environment Policy 4 required development to have no adverse effect upon protected species or their habitats. - 3.8 Environment Policy 10 requires a Flood Risk Assessment and details of proposed mitigation measures to accompany the proposal. - 3.9 Environment Policy 13 states that development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted. - 3.10 Environment Policy 35 requires development to preserve or enhance the character or appearance of Conservation Areas, having regard to the special features contributing to their character and quality. - 3.11 Environment Policy 42 requires development to take account of the particular character and identity of the immediate locality. - 3.12 Transport Policy 7 requires new development to meet current parking standards.
4.0 OTHER MATERIAL CONSIDERATIONS Legislation - 4.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". - 4.2 Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations. Planning Policy Statements - 4.3 Planning Policy Statement 1/01, Policy CA/2 states, "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application". Other - 4.4 The following documents are material considerations:
5.1 The application site has the following planning history which is relevant to the current proposal:
5.2 The following approval relates to the building adjacent to the site to the west:
6.1 The full text of all representations is available to view online. The key points of each are summarised below.
6.2 Registered Buildings Officer, DEFA (18/06/25): No harm to the CA as a result of the proposed dwelling itself. Some potential to harm from workshop, garage and driveway in respect of the materials proposed. Conditions suggested.
6.3 Ecosystem Policy Team, DEFA (23/05/25): No objection subject to conditions.
6.4 Flood Management Division, DOI (08/05/25): Conditions suggested.
6.5 Forestry, Amenity and Lands, DEFA: There has been a significant amount of correspondence regarding trees, beginning with an objection on grounds of impact and insufficient detail on 19/05/25. However, following the submission of amended plans (in relation to the siting of the workshop) and further details, the final representation, dated 10/10/25 states there is "No Objection" subject to conditions. The key points are summarised below.
6.6 Highways Drainage, DOI (25/06/25): Advice given.
6.7 Malew Parish Commissioners (12/06/25): No objections. - 6.8 Manx Utilities Authority, Water (1/7/25): Advice given.
6.9 The following organisations were consulted on 2 May 2025 but, at the time this report was drafted, no comments had been received:
Background Information
7.1 With reference to Section 5 above, it can be seen that the present proposal follows an earlier application for the demolition of the existing dormer bungalow on the site and the erection of a new detached house with ancillary outbuildings (24/00528/B). This application was withdrawn, but Registered Building Consent was granted separately for the demolition of the dormer bungalow (24/00530/CON). Consequently, the present scheme, and the assessment of its merits below, concerns only the proposed new buildings and associated development.
7.2 During the assessment of the present scheme, the Forestry, Amenity and Lands Team raised concerns about the potential impact of the development upon trees (various dates); and concerns were also raised in relation to the proposed materials, the amount of hard-standing shown and the proximity of the new dwelling to Mill Cottages (01/07/25). Amended plans were submitted in response to some of the issues raised, and these are listed at the top of this Recommendation. The assessment below is based on the amended plans.
7.3 The site is in a predominantly residential area where the proposed development is acceptable in principle. There is no specific requirement for the new dwelling to be on the same or similar footprint as the existing one to be removed as there would be if the site were in the countryside. Therefore, having regard to the matters above, the main issues are as follows:
Character and Appearance of the Conservation Area (CA) and the Locality
7.4 The site is at the southern end of the Silverdale CA, with the northern side of Bridge Road being the boundary. The majority of the buildings in the vicinity of the site are older and of a traditional style. In particular, Anne's Cottage to the immediate east is a long, two-storey building with a slate roof and, adjacent to that is Abbey Church, made of stone with a slate roof. The former Methodist Chapel to the west of the site is also a stone building with a steep pitched slate roof; and "That'll Do" further west is a white rendered cottage. - 7.5 Slightly further from the site, the buildings around the roundabout to the east, including Ballasalla Stores, are all made of stone with slate roofs; and those along Mill Road to the north generally have either a stone or rendered façade. Mill Cottages which border the site are not of such a traditional style, but they are a small pair of cottages, finished in render, with a steep tiled roof and a stone boundary wall. Thus stone, render and slate/tiles are the materials which are commonly found in this part of the CA and they contribute significantly to its distinctive and cohesive character and appearance. - 7.6 Turning to the site itself, the existing dwelling to be demolished is of an unremarkable, modern style, but it is relatively small and its position nearer Bridge Road leaves a large, green open space surrounded by trees behind it. This space separates the existing dwelling from the Silverburn, the Church and Mill Cottages and it is itself an attractive feature in this part of the CA.
7.7 The proposed new dwelling would be quite large and it would be positioned right in the middle of the green space described above, close to the Church and Mill Cottages. Whilst it would have a steep pitched roof and some rendered elevations, the use of black metal cladding on several walls and the whole of the roof would give it an appearance entirely of its own, unlike anything else that could be seen in this part of the CA. More black metal would be used on the greenhouse to the north of the house and on the roofs of the garage and workshop to its south, spreading the use of atypical materials right across the site. - 7.8 Mature trees on the Bridge Road and east and west boundaries of the site provide significant screening and, if these are retained (see below), the new dwelling is unlikely to be highly visible in the public domain. The Registered Buildings Officer has clearly taken account of this in reaching his conclusions. However, the site forms an integral part of the CA between the river and the Church and, whether it is screened or not, the new dwelling would become part of it and a valid reference point for future proposals. It is therefore very important to ensure that the design is appropriate for the site and its setting. - 7.9 Notwithstanding that matters of design can be subjective and that well-considered contemporary approaches can be successfully integrated into the historic environment, this does not mean that any modern approach in any historic area will be acceptable. Thus the Strategic Plan (through Policies SP5, GP2, EP35 and EP42) requires full and proper consideration of design, within an established framework of principles and on a site-specific basis, to establish whether a proposal is appropriate. - 7.10 In this case, by virtue of the extensive use of black metal cladding, the proposed dwelling would not be in keeping with the surrounding buildings which give the CA its special character. Rather the new dwelling would change the character of this part of the CA in a harmful way and its character and appearance would neither be preserved nor enhanced. The proposed development would therefore fail the statutory test set out in Section 18(4) of the Act; and it would also conflict with Strategic Policy 4(a) and Environment Policy 35 of the Strategic Plan. - 7.11 More generally, in that the proposed development would not respect the design of the existing buildings around it, the materials used in the local area or the character and identity of the locality, it would be contrary to Strategic Policy 3(b), Strategic Policy 5, General Policy 2 (b & c) and Environment Policy 42 of the Strategic Plan. Trees - 7.12 As stated above, it would be necessary to remove a number of existing trees to accommodate the proposed development but, with the exception of one Elder and one Horse Chestnut which are not in good condition, the trees are all fruit trees which could be removed anyway without a license. The new trees proposed to be planted as shown on PP-260424 Rev C would be adequate compensation for their loss. However, the development also has the potential to impact upon certain trees and groups of trees shown to be retained, both during and after construction; and these are important not only for their own sake, but also for the screening they would provide. - 7.13 The Arboricultural Impact Assessment (AIA) finds that the known incursions into the root protection zones of several retained trees would likely cause minimal long term damage, but it also recommends a Construction Exclusion Zone (CEZ) to prevent construction activity from straying into sensitive areas. This is shown on TP-120224 Rev C, and the protective fencing would need to be erected very close to the proposed new dwelling and the hardstanding around it. The fencing would make it impossible to transport materials from the front (south) to the back of the site and so the applicant proposes to crane them over the top of the building as necessary. The specification of the crane has been provided and demonstrates that this
granted, the FRA also recommends that a surface water drainage strategy should be provided to manage runoff. This should include investigation of the potential for infiltration SuDS and water reuse. The FRA further concludes that the development of the site would not displace flood water onto Bridge Road or exacerbate flood risk in the wider area. Environment Policies
7.21 In respect of ecology, the Ecosystem Policy Team recommends that emergence surveys for bats are undertaken prior to the demolition of the stable block; and that surveys are also carried out to look for the presence of nesting birds. Bat sensitive lighting should be utilised and nesting bricks/boxes should be installed on the site. These matters are capable of being addressed by conditions. - 7.22 No issues have been raised by DoI Highways, and the proposal would provide more than the two parking spaces required by Transport Policy 7 of the Strategic Plan. The development would include solar panels which would be a benefit of the scheme in terms of sustainability. - 7.23 Consequently, none of these "other issues" weighs against the proposal.
8.1 For the reasons given above, while issues of flood risk and ecology can be addressed by conditions, the proposed development would cause harm to the character and appearance of the Silverdale Conservation Area, and to that of the locality more generally, principally on account of the use of insensitive finishing materials. By virtue of its siting, the proposed new dwelling would also present undue risk to the health and longevity of mature trees on the eastern and western boundaries of the site which are important in their own right but also for the screening they provide. Finally, on account of its scale, dark, solid appearance and close proximity, the new dwelling would have an unneighbourly relationship with Mill Cottages. It would cause significant detriment to the living conditions of the occupiers in respect of outlook and overlooking.
8.2 Consequently, the proposed development would be contrary to legislation concerning the preservation or enhancement of Conservation Areas, and to various policies of the Development Plan. It is therefore recommended for refusal. - 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.
Decision Made: Refused Date: 15.12.2025 Signed : Mrs Louise Phillips Presenting Officer
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