16 August 2024 · Committee
Ballahowin, Braaid Road, St Marks, Ballasalla, Isle Of Man, IM9 3as
This application sought permission to change the use of Ballahowin Courtyard, part of Ballahowin Farm near St Mark's on the Isle of Man, from tourist accommodation to residential accommodation. The courtyard consists of attractive two-storey barns built in Manx stone, with timber-framed windows and doors set within portrait openings that retain much of the original character of the buildings. The site sits on the south side of the A26 Braaid-Douglas Road, and highway safety was identified as a key planning consideration during the assessment. The application was approved by Committee on 16 August 2024, subject to two conditions.
The Department of Environment, Food and Agriculture approved the change of use. Highway safety was identified as a key planning issue during the assessment. The application was permitted by Committee on 16 August 2024.
General development considerations
The proposed application would be compliant with General Policy 2 of the Strategic Plan.
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
conversion of redundant rural buildings
The planning policies here (GP3b and HP4b) allow exceptions for development in the countrywide and specifically for the conversion of rural buildings to dwellings
Exceptional circumstances -Conversion of redundant rural buildings
The planning policies here (GP3b and HP4b) allow exceptions for development in the countrywide and specifically for the conversion of rural buildings to dwellings
conversion of rural buildings into dwellings
THE APPLICATION IS BEFORE THE COMMITTEE AS THE APPLICATION COULD BE CONSIDERED CONTRAY TO PLANNING POLICY (HOUSING POLICY 11)
Housing Policy 11: Conversion of existing rural buildings into dwellings may be permitted, but only where: (a) redundancy for the original use can be established; (b) the building is substantially intact and structurally capable of renovation; (c) the building is of architectural, historic, or social interest; (d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building; (e) residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; and (f) the building is or can be provided with satisfactory services without unreasonable public expenditure. Such conversion must: (a) where practicable and desirable, re -establish the original appearance of the building; and (b) use the same materials as those in the existing building. Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form. Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character. 8.10.3 Permission will be given in certain circumstances for the re-establishment of residential use where there is an abandoned dwelling, since such dwellings can sometimes have a negative impact, usually arising from the sense of dereliction and dilapidation. See Housing Policy 13 below. 8.11 Replacement Dwellings in the Countryside 8.11.1 There are in our countryside many existing dwellings, some of which contribute positively to its appearance and character, and some of which do not. A number of dwellings have been abandoned for many years; their physical remains being a reflection of agricultural and social change across the Island. They form features in the rural landscape which are often not unacceptable in their present state. It is appropriate to encourage change which would result in overall environment improvement, and to discourage change which would not. Where the building(s) concerned are of architectural merit or of local, historical or social interest demolition and replacement will be discouraged.
25% affordable housing
Housing Policy 5 would be appropriate and would seek 25% affordable housing or in lieu of this a commuted sum.
Housing Policy 5: In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more. The term affordable housing is defined by the Department as housing which is either: directly provided by the Department; or directly provided by Local Authorities; or meets the criteria for the Department's House Purchase Assistance Scheme 2004 (and any successor schemes approved by Tynwald). 8.7 New Housing in Existing Settlements 8.7.1 Recent Local Plans and Area Plans have included development briefs guiding the design and layout of land which is zoned for residential use. Such briefs should not needlessly prescribe design, but should indicate site-specific constraints, the need for provision of public facilities or amenities (such as play areas, neighbourhood shops, or land for schooling, open space, or road improvements), and, if appropriate, the maximum or minimum density and the need for the inclusion of an element of affordable housing. Where these briefs state that an optimum density should be achieved this should not be used as an argument for higher density development which has an adverse effect on the residential amenity of adjoining properties or the character of the area.
recreational and amenity space requirement
Recreation policy 3 seeks that provision is made for Recreational & amenity space on or off site.
protection of the countryside
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. 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.
Condition 2
Within three months of the residential units hereby approved becoming occupied, the demolition of the agricultural building and the parking being laid in full accordance with plan referenced; 'Proposed car parking' No5.3.21 (or as otherwise advised by the Department) shall take place and the parking shall thereafter be retained for use for the 13 units REASON: To provide adequate parking provisions on site.
Approval in principle for conversion of farm buildings to tourist accommodation
Conversion of stone farm buildings to twelve tourist units
Conversion of blocks A & B from tourist to permanent accommodation, creation of a 15 vehicle car park and landscaping