19 May 2022 · Delegated
Briarfield, Grenaby Road, Ballasalla, Isle Of Man, IM9 3dp
Permission was granted to convert an existing stone barn at Briarfield, Grenaby Road, Ballasalla into a new dwelling with associated parking. The barn sits to the south of the main house within the curtilage of the existing property, with three of its elevations visible from Grenaby Road. The officer's report considered the principle of the proposal under housing policy, the impact on the local road network, and the effect on the countryside setting. The application was recommended for approval and the decision was issued on delegated authority. Approval was granted subject to six conditions. There is one earlier planning history reference associated with the site.
The application was approved by the Department of Environment, Food and Agriculture acting under delegated powers. The officer assessed the principle of the proposal against housing policy, along with potential impacts on highways and the countryside, and recommended approval. The decision was issued on 19 May 2022 with six conditions attached.
Strategic Policy 3
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Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (a) avoiding coalescence and maintaining adequate physical separation between settlements; and (b) having regard in the design of new development to th e use of local materials and character. 4.3.4 Most of our built heritage, our countryside, our coastline and our natural environment is of attraction, value and interest. Surveys commissioned by Government on the quality of life and the importance of heritage in the Isle of Man and internationally, have consistently shown that the historic landscape setting of the Isle of Man scores as t he single most significant factor for residents and visitors in supporting the concept of a specific and positive Manx identity. This "heritage identity" is a result of the combination of a rich diversity of historic sites and monuments, historic building s and residential settlements and a specific range of natural history attributes set within a predominantly rural landscape setting which links modern life to a sense of historic legacy and beauty, the retention of which is strongly supported by Government and the resident community. 4.3.5 The landscapes of the Island are very varied, and their nature and variety is the consequence of thousands of years of interaction between the natural and cultural aspects of the Island through human activity within the enviro nment and an innate respect for the natural and historic qualities they represent. 4.3.6 This landscape heritage is more than simply the sum of its parts. The combination of geology, geomorphology, wildlife, archaeology, history, traditional buildings and the natural settings for traditional activities and customs, combine in the rural and built environment to provide an inseparable element of "Manxness". It provides an overarching context which makes the landscapes of the Isle of Man unique and gives them the value which is acknowledged by those who live here and those who visit. The protection and promotion of this element within Manx society is an important element in central Government policy and the Strategic Plan, which both support the view that these v alued characteristics of the Isle of Man be acknowledged and protected for the future from inappropriate development. 4.3.7 This protection will apply to areas of heritage value, to sites of heritage value and to general traditional landscape settings within the Island which are deemed to contribute to the sense of the Island's heritage identity. Heritage landscape value will therefore be a consideration in all aspects of planning, with a view to retaining and enhancing this value wherever possible.
General Policy 3
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General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Environment Policy 1
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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 42
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pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''
Housing Policy 11
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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.
Transport Policy 7
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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
Prior to the commencement of the development hereby approved a tree protection scheme shall be submitted to and approved in writing by the Department. Tree protection measures shall be shown on a layout plan accompanied by descriptive text which includes but is not limited to details of; a) The location of the trees to be retained and their canopy spreads; b) The location of a 'construction exclusion zone' c) The position of protective fencing and/or other protective measures required to prevent damage to retained trees. d) An appropriate specification for the protective measures proposed. The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.
Condition 3
Prior to the commencement of any works, details of all replacement windows, rooflights and doors to be installed shall be submitted to, and approved in writing by, the Department. The development shall take place in accordance with the approved details and retained as such thereafter
Condition 4
With exception to those development works hereby approved the barn shall be retained in full.
Condition 5
Prior to the undertaking of any other work hereby approved the entrance including visibility splays shall be formed in accordance with drawing No. SP1D, dated 23rd February 2022 and retained as such thereafter.
Condition 6
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 and the Town and Country Planning (Permitted Development and Change of Use)(Amendment) Order 2020 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved, nor shall the property be extended nor the conservatory roof be re-finished, other than that expressly authorised by this approval, without the prior written approval of the Department.