27 August 2025 · Committee
Ballacroak Farm, Mullinaragher Road, St. Marks, Ballasalla, Isle Of Man, IM9 3aq
The proposal is for the erection of a dwellinghouse with associated access, driveway, landscaping, alternative energy sources, and ancillary structures at Ballacroak Farm on Mullinaragher Road, St Marks. The site is a field north of Mullinaragher Road, accessed via a track, with lower ground levels on the east side. The application is partly retrospective. The key planning issues assessed were ecology and biodiversity, highway safety, and impacts on neighbouring amenities. Highway Services did not oppose the application, and the proposal was considered to have an acceptable effect on parking, road safety, and traffic. No residential property was found to be close enough to suffer significant amenity harm.
The application was approved because it does not increase impacts on the character of the area or biodiversity compared to a previous approval, and has no significant adverse effects on public or private amenities. There were no differences in impact sufficient to justify refusal.
Strategic Policy 1
using previously developed land and reusing scarce indigenous building materials
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
Strategic Policy 2
developments should only occur in defined settlements unless they comply with exceptions
Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
Strategic Policy 3 (b), 5
Spatial Policy 5
developments should only occur in defined settlements unless they comply with exceptions
General Policy 2 (b) (c) (d) (f) (g) (h) (i) (j) (n)
General Policy 3 (c) (d)
Environment Policy 1
development adversely affecting the countryside will almost always not be permitted
Area Plan for the East sets out locally-applicable means for implementing the policies set out in the Isle of Man Strategic Plan 2016. In that Strategic Plan, we find the Environment Policies. Environment Policy 1 states: 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. Maintaining the purpose of this Area Plan as a means of implementation, there is some further direction to be found in the Strategic Plan, at paragraph 7.2.1: 'Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development. The primary goal must therefore be to respect, maintain and enhance the natural and cultural environment including nature conservation and landscape and coastal quality, and ensure its protection from inappropriate development.' Given the comprehensive nature of the Isle of Man Strategic Plan's Environmental Policies, only a small number of additional Proposals and Recommendations are necessary. In order to produce an implementable Area Plan for the East it is necessary to recognise those statutory desig nations and strategies which whilst having an Island-wide scope are highly relevant to the protection of environments within the Plan Area. An example is the UNESCO Biosphere status afforded to the Isle of Man. Island-level strategies identify crossborder issues and take account of the cumulative impacts of human engagement with nature. Area Plan Objectives i. To protect, conserve and enhance the natural and cultural environment of the plan area and promote biodiversity. ii. To improve the function, usability and provision of our green infrastructure and public spaces by providing a network of green spaces and features which are connected and where possible, accessible to the public. iii. To manage and improve flood risk and improve drainage conditions. iv. To support the working countryside and its custodians in maintaini ng a sustainable rural economy. Area Plan Desired Outcomes i. Where approved, d evelopment will be ecologically sustainable and designed to protect and where possible enhance biodiversity as well as mitigate and adapt to the effects of climate change. ii. The Green Infrastructure network will be established and fostered, connecting people with nature in a way that achieves the best shared outcomes for the urban and natural environment. iii. Statutory and non-statutory designations will continue to provide protection to the most important and most vulnerable cultural assets, habitats and environments in the plan area. iv. Beyond the towns and villages, the area as a whole will retain its landscape setting including its important visual interaction with the central uplands, central valley, coast and marine environment. Natural Environment Proposal 1 The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces. UNESCO Biosphere In 2017, the Isle of Man became the first ever entire nation to achieve UNESCO Biosphere status. Project partners pledge to take steps to protect natural resources, develop the economy in a sustainable way and promote outstanding living landscapes. UNESCO Biosphere Reserves are established to connect people and the economy with nature, wildlife, culture, heritage and communities. Biosphere Reserves have three functions: Conservation: to contribute to the conservation of landscapes, ecosystems, species and genetic variation. Development: to foster economic and human development which is socio -culturally and ecologically sustainable. Logistic support: to support demonstration projects, environmental education and training, research and monitoring related to local, regional, national and global issues of conservation and sustainable development. The Isle of Man Biosphere is zoned into six areas . Examples of all of these can be found in the Eastern area: Terrestrial Core areas, Marine Core areas, Terrestrial Buffer zone, Marine Buffer zone, Terrestrial Transition areas and Marine Transition areas. There is some overlap with The Isle of Man's First Biodiversity Strategy 2015-20
Environment Policy 4, 5
Housing Policy 12, 13, 14
Housing Policy 7
Housing Policy 7: New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated. 8.9.3 In judging whether the need is sufficient to over -ride other policies, particular regard will be had to:- (a) the previous or proposed severance of land and buildings; (b) the agricultural justification for sub-division of a farm; (c) the long -term viability of new or unproven agricultural enterprises such as small - holdings, market gardens, or horticulture; (d) the extent to which the applicant's employment in agriculture is only part-time; and (e) in the case of a retiring farmer, whether the proposal would result in vacation of an existing farm dwelling for agricultural use, and whether the applicant would continue to assist in the operation of the farm.
Transport Policy 7
parking standards
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.
Appendix 7.6
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 development shall be carried out in accordance with the plans and documents detailed below: drawing no. P0001 Rev A, P0005 Rev A, P0006 Rev A, P2003 Rev B, P4100 which has been received on 23rd November 2023; and drawing no. P1001 Rev D, P1002 Rev C, P1003 Rev C, P2001 Rev D, P2002 Rev C which has been received on 13th March 2024; and Preliminary Ecological Appraisal which has been received on 13th May 2024; and drawing no. P0003 Rev D, P0004 Rev C, X0001, P0010, P0011, which has been received on 31st July 2025.
Condition 3
In the event that the development hereby approved is not further commenced within 3 years from the date of the submitted ecological information provided in support of the application, meaning before spring of 2028, an updated Preliminary Ecological Appraisal of the site shall be submitted to and approved in writing by the Department.
Condition 3
The development shall not be carried out unless in accordance with the approved details.
Condition 4
Prior to occupation, air source heat pump and solar panels which form part of the development shall be installed in accordance with the approved details and shall be retained as such thereafter.
Condition 5
No part of the development shall be occupied until the approved drainage details, as shown on drawing no. P0003 Rev D, which has been received on 31st July 2025, has been implemented.
Condition 6
Within six month of the approval, an Energy Statement shall be submitted to and approved by the Department in writing. The statement shall demonstrate the new dwellinghouse is capable of achieving a Standard Assessment Procedure (SAP) rating of at least 101 (or the equivalent in a similar rating system).
Condition 7
The Landscape Strategy, as shown in drawing no. P0004 Rev C, P0010, P0011, which have been received on 31st July 2025, shall be carried out in accordance with the approved scheme and shall be retained as such thereafter.
Condition 7
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner.
Condition 7
Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species
Condition 8
The development shall be carried out in accordance with the approved samples and retained in perpetuity.
Condition 8
The sample panels shall be retained on site until development is completed. Removal or disposal of the sample panels shall be approved by the Department in writing.
Condition 9
Prior to occupation of the dwelling, approved sparrows and bats structures and measures, as shown on drawing no. P0010, P0011, which have been received on 31st July 2025, shall be completed according to the approval and the structures and measures shall be retained thereafter.
Condition 10
Prior to occupation of the dwelling, all access arrangements, including visibility splays, vehicular and pedestrian areas shall be completed in accordance with the approved plans and retained thereafter.
Condition 10
Such areas shall not be used for any purpose other than for purposes associated with the development and shall remain free of obstruction for such use at all times.
Condition 11
Prior to occupation of the dwelling, a plan of off-site additional planting shall be submitted to the Department in writing for approval and implemented in accordance with the approved details including timescales for implementation.
Condition 11
Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species
Condition 12
Prior to occupation of the dwelling, the gateway approved shall be installed in accordance with the approved details and shall be retained as such thereafter.
Condition 13
Prior to occupation of the dwelling, a further Energy Statement post completion is submitted to and approved in writing by the Department. The statement shall demonstrate that Standard Assessment Procedure (SAP) rating of at least 101 (or the equivalent in a similar rating system) has been achieved.
Condition 14
Prior to occupation, the existing shed, as shown on drawing no. X0001 which has been received on 31st July 2025, shall be demolished.
Condition 15
No external lighting shall be installed unless a detailed external low level lighting scheme is submitted to and approved by the Department in writing.
Condition 15
Any external lighting should only be installed according to the approval and maintained thereafter.
Condition 16
Prior to works commencing, plans should be submitted to Planning for written approval containing details of two swallow boxes to be built into the property, at least 2m above ground level. The development shall not be carried out unless in accordance with the approved details.