Officer Report

Application No.: 23/01334/B Applicant: BYA Limited Proposal: Erection of a dwellinghouse with access, driveway, landscape, alternative energy sources, and other ancillary structures (partial retrospective). Site Address: Ballacroak Farm Mullinaragher Road St Marks Ballasalla Isle Of Man IM9 3AQ Planning Officer: Peiran Shen Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 31.07.2025 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 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.

• C 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.

Reason: The proposal has been assessed on the submitted documents and drawings, and any changes may have a different impact.

• C 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. The PEA shall identify matters of ecological interest within the site and measures to mitigate ecological impacts where appropriate, including a timetable for their implementation.

The development shall not be carried out unless in accordance with the approved details.

Reason: To provide adequate safeguards for the ecological species existing on the site and to ensure compliance with the CIEEM advice note on the Lifespan of Ecological Reports & Surveys.

• C 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.

Reason: To ensure the development meets the high innovative and environmental standards which allowed the development to be approved under the exemptions stipulated within Housing Policy 14 of the Strategic Plan.

• C 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.

Reason: In order to ensure that adequate drainage/foul water management facilities are provided, and retained, in the interests of the amenity of the area.

• C 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).

Reason: This approval is considered acceptable due to the overall improved environmental impacts, namely the eco efficiency credentials of the new dwelling.

• C 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.

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.

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

Reason: In the interest of biodiversity within the site and the character and appearance of the development and the visual amenity of the area. To ensure that the development achieves a high standard of design, layout and amenity and makes provision for hard and soft landscaping which contributes to the creation of a high quality environment.

• C 8. The development shall be carried out in accordance with the approved samples and retained in perpetuity.

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.

Reason: To ensure that the development is carried out to the highest standards of materials, in the interests of the appearance of the development and the visual amenities of the area.

• C 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.

Reason: To provide adequate safeguards for the ecological species existing on the site.

• C 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.

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.

Reason: To ensure that sufficient provision is made for off-street parking and in the interests of highway safety.

• C 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. 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

Reason: In the interests of the character and appearance of the development and the visual amenity of the area.

• C 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.

Reason: To ensure that the proposed gate is suitable visually for both the rural location and the dwelling on site.

• C 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.

Reason: The application is considered acceptable is due to the overall environmental impacts as outlined in Housing Policy 14, namely the eco efficiency credentials of the new dwelling.

• C 14. Prior to occupation, the existing shed, as shown on drawing no. X0001 which has been received on 31st July 2025, shall be demolished. Reason: in the interest of preserving the character of the countryside.
• C 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.

The submitted lighting scheme should be in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018).

Any external lighting should only be installed according to the approval and maintained thereafter.

Reason: To provide adequate safeguards for the ecological species existing on the site

• C 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. Reason: To provide adequate safeguards for the ecological species existing on the site.
• C 17. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken under the following classes of Schedule 1 of the Order at any time:

• Class 14 - Extension of dwellinghouse
• Class 15 - Garden sheds and summer-houses Class 17 - Private garages and car ports

• Class 21 - Construction of decking
• Class 22 - Solar Panels (stand-alone) Reason: To control future development on the site

This application has been recommended for approval for the following reason.

The application does not have an increased impact on the character of the area or biodiversity compared to the previous approval and has no significant adverse impacts upon public or private amenities. There are no significant differences in the impacts that are sufficient to recommend a refusal.

Plans/Drawings/Information;

This approval relates to the documents, planning statement 218/X/PN/231113 November and 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.

_________________________________________________________________ Interested Person Status None

_________________________________________________________________ Officer’s Report

THIS PLANNING APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL MAY BE CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN AND THE APPLICATION IS RECOMMENDED FOR APPROVAL

1.0 THE SITE - 1.1 The site is Ballacroak, Mullinaragher Road, St Marks, Ballasalla, a field north of Mullinaragher Road, not too far from its junction with St Marks Road. The field has an access track leading from Mullinaragher Road towards the north of the site. The ground level is lower on the east side of the track. The application site encompasses the north-south running track and the areas east of the track.

1.2 There has been a new track at the south end of the access track, leading to the area used to contain the farm building group. This area currently has some foundation works and retention walls. However, these works do not accord with the approved new buildings in PA 22/00399/B (details in section 3). The red line boundary does not have a significant change in this application compared to the 2022 application. - 1.3 There were some farm buildings in this area east of the track. Most farm buildings have been demolished except for a big shed. The demolitions are part of the conditions discharged from approved PA 22/00399/B.

2.0 THE PROPOSAL - 2.1 The proposal is to erect a dwellinghouse with access, driveway, landscape, alternative energy sources, and other ancillary structures (partial retrospective). House - 2.2 The new house sits just east of the access track and sets back significantly from Mullinaragher Road. There is a two-storey pitched-roof main building sitting west-east. It has extensions on both sides. On its west is a subterranean structure. To its east is a two-storey flat-roof building connected to the main building by a two-storey glazed section. The pitchedroof building and the flat-roof building form an L-shaped building. - 2.3 The main building has its entrance in the middle of the north elevation. There is a kitchen, a dining area and a study on the ground floor. There is a bathroom and a master bedroom on the first floor. - 2.4 The two-storey extension has a dining area and a lounge on the ground floor, and three bedrooms on the first floor. - 2.5 The subterranean structure consists mainly of a swimming pool, an entertainment room and a six-car garage facing north. - 2.6 Each of the three sections of the house uses a different stone cladding. The two-storey pitched-roof section has a slate roof. The two-storey flat-roof section has a living wall on the external elevations of the first floor and a sedum roof. The connection between the two sections has a copper roof. The subterranean extension features a flat living roof, part of which serves as a patio. All elevations have mass glazing for windows and doors. Site - 2.7 The proposal includes a gateway structure at the junction between the access track and Mullinaragher Road. A driveway leads from the existing track to a parking area just north of the subterranean garage. There is also an access track leading from the existing track to the south of the house. - 2.8 The east side of the track and the southeast part of the boundary are demarcated by Manx Banks. - 2.9 The main landscape of the site consists of a garden in the corner of the L-shaped building, a sunken walled garden inside the space formed by the new driveway, and a grassed area at the rear of the house. - 2.10 The area south of the house is grassed and has wild meadows and trees. There is an attenuation pond to the southeast of the house. An isolated section of Manx stone wall demarcates the site boundary near the attenuation pond. Supporting Structures

2.11 The site has a drainage system with an underground sewage treatment plant. The system is also connected to the retention pond. - 2.12 There are ground-mounted solar panels just south of the access track. Air source heat pumps (ASHPs) are installed on the east elevation of the subterranean extension. - 2.13 The sunken walled garden has a mono-pitched-roof greenhouse and three integrated house sparrow nest boxes in its retention wall. - 2.14 Three bat boxes are installed on the retaining wall north of the access track and southwest of the subterranean extension.

3.0 PLANNING HISTORY - 3.1 Proposed demolition of existing farmhouse and outbuildings and redevelopment to provide replacement dwelling was APPROVED under PA 22/00399/B. An amendment to this approval is listed as the reason for this current application. Comparing the current proposal to the approved design:

• o the two-storey pitched-roof section is slightly shorter and narrower than the approved.
• o the two-storey flat-roof section moves closer to the centre of the building than the approved.
• o the subterranean extension is shorter but wider than the approved.
• o Overall, the external area of the current proposal is reduced by approx. 23% compared to the approved. The floor space of the current proposal is reduced by approx. 25% compared to the approved.
• o driveway and parking area are moved from the south of the building to the north of the building.
• o intensively landscaped areas have been significantly reduced.
• o attenuation pond size reduced. There were 17 conditions (in addition to the standard 4-year condition) attached to the approved application.

3.2 Within the 17 conditions, conditions on ecological details, demolition and bird boxes have been discharged (PA 23/10029/AIR, PA 23/10054/AIR, PA 23/10111/AIR). Condition discharge on the Construction Environmental Management Plan and Ecological and Landscape details has been refused (PA 23/10013/AIR, PA 23/10039/AIR).

4.0 PLANNING POLICY Site Specific - 4.1 The site is not within an area designated for any development in the Area Plan for the South, meaning it is considered part of the countryside (definition in 4.7). - 4.2 The site is within an area of Incised Inland Slopes on the Landscape Assessment Area in the Area Plan for the South. The written statement describes the distinctive character of the area as "wooded valley bottoms", "strong geometric field pattern delineated by Manx hedges", "numerous traditional buildings", and "network of small roads and lanes". Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 (IOMSP) has the following policies that are considered materially relevant to the assessment of this current planning application:

• o Strategic Policy 1
• o Strategic Policy 2
• o Strategic Policy 3 (b), 5
• o Spatial Policy 5
• o General Policy 2 (b) (c) (d) (f) (g) (h) (i) (j) (n)
• o General Policy 3 (c) (d)
• o Environment Policy 1

• o Environment Policy 4, 5
• o Housing Policy 12, 13, 14
• o Transport Policy 7
• o Appendix 7.6

4.4 The Isle of Man Strategic Plan has no assumption in favour of new development. In decision-making, this means approval should usually not be granted where a planning application conflicts with the Plan.

The following is a summary of the policies listed in Section 4.3. The subtitles will also be the general order of the assessment in section 7.

Land Use Principle

4.5 Strategic Policy 2 and Spatial Policy 5 state that developments should only occur in defined settlements unless they comply with exceptions in General Policy 3. - 4.6 General Policy 3 sets out exceptions that may be acceptable for developments outside of areas designated for development. Subsection (c) sets out one of these exceptions as "previously developed land which contains a significant amount of building". The subsection then states the land should meet the following requirements:

• o continued use is redundant
• o redevelopment would reduce the impact on or improve the landscape or the wider environment

4.7 Subsection (d) of General Policy 3 sets out one of these exceptions as " the replacement of existing rural dwellings". Details are included in Housing Policy 12, 13 and 14. - 4.8 Environment Policy 1 echoes Spatial Policy 5 and General Policy 3. It defines the countryside as areas outside existing settlements or not designated for development (as mentioned in 4.1). It shows that development adversely affecting the countryside will almost always not be permitted. It also states that the countryside is protected "for its own sake". In decision-making, this implies an assumption against development in the countryside. - 4.9 Strategic Policy 1(a), in the meantime, considers using previously developed land and reusing scarce indigenous building materials as "making the best use of resources". Principle for Replacement of Countryside Dwelling - 4.10 Housing Policy 12-13 sets out requirements for existing dwellings in the countryside to meet before approving their replacement, which include:

• o retains its residential use (not abandoned)
• o not of architectural or historic interest and not capable of renovation

4.11 There can be exceptions to the requirements in 4.10. For houses that are abandoned, Housing Policy 13 states that the building needs to meet these requirements to be reconsidered for an approval:

• o substantially intact (at least three of the walls, standing up to eaves level and structurally capable of being retained)
• o there is an existing, usable track from the highway
• o a supply of fresh potable water and electricity can be made available from existing services within the highway

IOMSP - Design and Conservation

4.12 Strategic Policy 3(b), 5 and Subsections (b), (c), (g) of General Policy 2 set out design requirements for development to respect the character of the site itself and its immediate and broader surroundings.

4.13 Housing Policy 13 and 14 also set out requirements for the replacement dwelling, which include:

• o extended no more than 50% of its original external floor space
• o similar in siting and size unless the change means overall environmental improvement
• o complies with Planning Circular 3/91

4.14 Design requirements listed in 4.11 can be reconsidered for "innovative, modern" design that:

• o is of high quality
• o would not result in an adverse visual impact
• o incorporates the reuse of such stone and slate as are still in place on the site
• o new fabric should be finished to match the materials of the original building (echoes Strategic Policy 1)

4.15 Size and siting limit can also be reconsidered if:

• o existing dwelling is of poor form with one or more traditional character or
• o new design would have less visual impact

4.16 Section 7.4 states that development which is permitted in important landscape and coastal areas, as recognised by any new landscape classification, will be subject to higher design standards than would typically be required, such as:

• o Development must be adequately integrated into the landscape in terms of scale, materials, architectural style, engineering works, and landscaping.
• o Landscape features such as trees, hedgerows, sod banks or traditional stone walls which are important to the landscape character should be retained.
• o In cases where development cannot integrate sensitively and unobtrusively into the landscape, permission will not be granted.

Ecology and Biodiversity

4.17 Environment Policy 4 states that developments would not be permitted if they adversely impact protected species or their habitats. Environmental Policy 5 states that in exceptional circumstances where developments are permitted in contravention of Environmental Policy 4, conditions or planning agreements must minimise disturbance, manage ecological interests as far as possible, and provide new or replacement habitats when damage is unavoidable. IOMSP - Transport and Parking - 4.18 Transport Policy 7 sets out parking standards for development, details of which are in Appendix 7.6. Typical residential development requires two spaces per unit. IOMSP - Amenities - 4.19 Subsections (g) and (h) of General Policy 2 set out that amenities being enjoyed by the site and the sites around it should be protected or preserved. Policy Planning Policy Statement and National Policy Directive - 4.20 Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside sets a standard for typical housing requirements in rural areas.

5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance - 5.1 The Residential Design Guide July 2021 (RDG) has the following guidance that is considered materially relevant to the assessment of this current planning application:

• o Chapter 2 Sustainable Construction
• o Section 3.1 Local Distinctiveness
• o Section 5.3 Finishing and Detailing
• o Section 6 The Wider Site
• o Chapter 7 Impacts on Neighbouring Amenities

5.2 The Residential Design Guide was issued by the Department of Environment, Food and Agriculture (DEFA) in July 2021 and was agreed with the Minister of DEFA. It offers clear guidance on acceptable forms of residential development. While it is primarily prepared for urban areas, the chapters and sections mentioned above apply to all types of developments. - 5.3 Manual for Manx Roads provides best practices and technical details for ensuring highways are accessible, safe, inclusive and serviceable. These details include minimum spatial requirements for parking spaces.

5.2 IOM Biodiversity Strategy 2015 to 2025 states, "DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for." - 6.0 REPRESENTATIONS This section is a summary. The original texts of the consultations and comments received are available on the Planning Application Search on the government website.

6.1 Malew Parish Commissioners have no objection to this application (06.12.2023). - 6.2 DoI Highway Services does not oppose this application (13.03.2024). The comment states that there is no significant negative impact on highway safety, network functionality, and/or parking, as the site access visibility is onto a country lane with low traffic, and an existing site has a similar position for a dwelling. - 6.3 DEFA Ecosystem Policy Officer has no objection to this application (16.05.2024). The comment requires a written construction environmental management plan to be submitted and approved by the department, and all activities must comply with the approved plan. The comment also requires no external lighting, except for a low-level lighting scheme that must be submitted and approved by the department. - 6.4 DEFA Environment Protection Officer requested sewage discharge details (20.12.2023). - 6.5 Manx Utilities wrote in (15.03.2024), reminding the applicant that there is a gas pipeline near the application site. - 6.6 Two neighbouring properties were notified by letter. No comments have been received.

7.0 ASSESSMENT Principle of the Proposal

7.1 The previous approval, PA 22/00399/B, is void due to failure to build according to the approval. Therefore, this application is for the erection of a house in the countryside. - 7.2 As the demolition took place before this current application, the formerly existing farmhouse group has no impact on this application, meaning the application should be assessed under Housing Policy 7 rather than Housing Policy 14. - 7.3 There is no agricultural need for this new dwellinghouse. Therefore, the proposal is considered failing to comply with Housing Policy 7. - 7.4 This being said, the previous approval, while already void, still shows a house with a similar mass and layout that were considered acceptable. In the meantime, the site features bare soil and some building foundations, which detract from the character of the open countryside. A completed house would have significantly less visual impact than the current site.

7.5 In addition, the current application has a similar siting compared to the previous approval. It has a reduced building size compared to the previous approval. Therefore, its impact on the countryside would be no greater than that of the previously approved house. - 7.6 Given these reasons, the proposal is considered to be an exception from General Policy

3 and Housing Policy 7, and its principle is considered acceptable as a one-time exception. Elements of Assessments

7.7 While the previous approval has been voided, the assessment on the proposal is still valid, as there is no material change to the site's surroundings or planning policies. Therefore, this assessment will focus on the differences between the current proposal and the approved one and whether the differences in impact are significant enough to recommend a refusal. - 7.8 The primary considerations for this application are the impact of the proposal on:

• o character of the area
• o ecology and biodiversity
• o amenities of the neighbouring properties
• o traffic and highway safety

The character of the Area

7.9 The proposed house is smaller than that in the approved application. The intensively landscaped areas are reduced and positioned closer to the proposed building. The driveway is now behind the buildings and uses more of the existing track. These changes are considered to reduce the presence of the proposals in the broader area and preserve the area's character more than the approved design. - 7.10 The location of the solar panels is quite prominent. However, they are close enough to the main house and, therefore, are not considered out of place or detract from the existing character of the area. Ecology and Biodiversity - 7.11 The proposal reduces the proposed attenuation pond's size. It also reduces intensively landscaped areas. Given there is no objection from DEFA Ecosystem, it is considered that the impact on the ecology and biodiversity of the area is acceptable. Parking and Highway - 7.12 As Highway Services does not oppose this application, it is considered that the proposal would have an acceptable impact on parking provision, road safety, and traffic flows on the local highways. Neighbouring Amenities - 7.13 No residential property is close enough to be adversely impacted by the proposed building.

- 8.0 CONCLUSION

8.1 The application does not have an increased impact on the character of the area or biodiversity compared to the previous approval. Therefore, the application is recommended for an approval. - 9.0 INTEREST PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;

• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land which the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision-maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status.

9.3 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 Interested Person Status.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Permitted Date: 11.08.2025 Signed : Mr Peiran Shen Presenting Officer

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.