5 December 2022 · Committee
Ballamaddrell Cottage, Grenaby Road, Ballabeg, Castletown, Isle Of Man, IM9 4hd
Permission was granted for the reinstatement, extension, and alteration of Ballamaddrell Cottage, a two-storey traditional cottage with Manx stone walls and grey slate roof on Grenaby Road, Ballabeg. The works include a two-storey rear extension, a rear pitch roof dormer, new roof lights, re-rendering, re-roofing, chimney repair, and new windows and doors. At the time of the application, the dwelling was in poor condition, with large sections of the eastern and rear elevations covered in overgrown shrubs. The officer report identified several key issues including the principle of development, the building's structural condition, its character, landscape amenity, highway safety, and impact on trees and ecology. The application was approved by committee with 10 conditions attached. The officer had also recommended approval.
The Department of Environment, Food and Agriculture approved the application on 5 December 2022. Key issues considered included the principle of the development, the structural condition of the building, and the impact on the character of the cottage and surrounding landscape. The proposal was found acceptable across these areas.
Housing Policy 13
Housing Policy 13: In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost. Where: a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and b) there is an existing, usable track from the highway; and where c) a supply of fresh potable water and of electricity can be made available from existing services within the highway. (1) Habitable Status is defined in Appendix 1 (2) Non residential use is defined in Appendix 1 This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement bu ildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space(3) measured externally, the extension measures less than 50% of that of the original). 8.11.2 It is important that replacement dwellings should relate closely to the buildings they replace in terms of siting and size, that the resulting visual impact is appropriate for the countryside, and that existing stone and slate are re-used.
General Policy 2
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
General Policy 3
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 4
uch as this, the breaks in the urban fabric and the features of nature which provide a sense of openness should be protected from development which would erode this (see Maps 3 and 10). Natural Environment Proposal 4 (Green Gap) Between the settlements of Glen Vine and Crosby, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. Douglas, Union Mills and Strang (see Maps 3, 4 and 8) Natural Environment Proposal 5 (Green Gap) Between the settlements of and Douglas, Union Mills and Strang, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. The Upland Environment The Manx Uplands are an iconic part of our landscape and heritage. Reference to the 'sweet mountain air' and 'green hills and rocks' are enshrined in our national anthem and the colours of the heather and gorse are woven into the very fabric of Manx tartan. The hills are a place of great beauty, yet for some they are also a place to work and for others a place to exercise or simply enjoy open space. Our Uplands are also home to plants and animals that whilst familiar to us, are rare and impor tant in a global and European context. Furthermore, the uplands are a rich repository of cultural and archaeological remains, which are sensitive to change and can easily be damaged by inappropriate development. Production of food is an important and obvi ous function of hill land. But surprisingly, the Manx hills provide everyday functions that most people take for granted. Peatlands, which cover most of our hills reduce the impacts of climate change by locking up carbon dioxide, collect and filter our drinking water and slow the passage of rainfall into streams and rivers, thus reducing downstream flood risk. These multiple uses are of great benefit to the economy of the Isle of Man and the well - being of its people. It is important that the hills continue to provide these benefits long into the future. Ensuring sustainable management of such a wide range of uses to the satisfaction of all interested parties whilst retaining functions essential to the well -being of the Isle of Man is of paramount importance. The Isle of Man Government is the owner and landlord for the majority of the Uplands in the East region and is therefore in a position to implement policy which will deliver the optimum range of ecosystem services. Appropriate and positive Upland management such as controlled rotational burning/cutting of heather and low intensity grazing helps to reduce the fuel load of the hill, provides firebreaks and reduces the risk of unplanned wildfires that further protects the biodiversity of the site, but also the vast amounts of carbon locked away in the peat soils. The majority of this work is carried out by The Department of Environment, Food & Agriculture's grazing and shooting tenants. The Manx Uplands are critically important from a habitat and biodiversity perspective. The hills in the East support a significant number of breeding hen harriers; however, other native Upland breeding birds such as curlew and red grouse have suffered severe declines in recent decades and as such are of high conservation concern. Strict control of access and recreational activity on vulnerable soils should be implemented to reduce soil erosion and subsequent carbon loss. Curlew and hen harriers are recognised as an internationally important species, while (within the EU) upland heather moorland is designated as a priority habitat. In order to ensure protection and positive management of the Uplands, the following proposal is appropriate: Environment Proposal 6 Uses of the Uplands that contribute to the management and preservation of this distinctive environment will be supported. Dark Skies On the Isle of Man, 26 Dark Sky Discovery Sites have been identified, of which nine are located in the East. They are classified as Milky Way Sites meaning that at these sites the Milky Way is visible to the naked eye. The sites are accessible and light pollution is limited. The following Dark Sky Discovery Sites are located within the East: • Port Soderick Upper Car Park • Port Soderick Brooghs, Little Ness Car Park • Mount Murray Golf Club • Onchan Park • West Baldwin Reservoir Car Park • Clypse Kerrowdhoo Reservoir Car Park • Conrhenny Car Park • Ballanette Nature Reserve • Axnfell Plantation Natural Environment Proposal 7 Proposals for development in the vicinity of Dark Sky Discovery Sites are to have minimal outdoor lighting and be encouraged to have a design response which is non-intrusive into the darkness of night. Baffling and directionality of lighting must be sensitive to contain any necessary lighting within a subject site only. Watercourses and Wetlands The collection of hills in the East has produced a network of mountain streams which gradually join and widen to become the rivers flowing out into Douglas Bay, Port Groudle a
Condition 1
- 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
- 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (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 16 - Fences, walls and gates - Class 17 - Private garages and car ports Reason: To control future development on the site.
Condition 3
- 3. Notwithstanding the submitted details, details of all external facing materials including windows, doors and external walls, shall be submitted to and approved in writing by the Department. The development shall not take place other than in accordance with the submitted details. Any energy efficiency upgrades within the building should be in accordance with the recommendations of Historic England's Guidance to Energy Retrofit of Traditional Buildings Reason: In the interests of the character and appearance of the site and surrounding area.
Condition 4
- 4. The development hereby approved shall not be occupied or operated until the access/driveway, parking and turning areas have been provided in accordance with the approved plans (Drawing Nos. JD2/1 and JD2/2). Such areas shall not be used for any purpose other than for access, parking, and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that the development will not compromise the free flow of traffic or highway safety.
Condition 5
- 5. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved. Details of the hard landscaping works to include details of landscaping/pedestrian paths to the front of the dwelling, driveways, parking and turning areas, and patio area shall also be provided. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwellings hereby permitted. All further 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 within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: To ensure the provision of an appropriate landscape setting to the development.
Condition 6
- 6. Prior to the commencement of the development hereby approved, details of the proposed foul sewage and surface water drainage system[s] including biodisc shall be submitted to and approved in writing by the Department. The strategy shall not include any discharge to the abutting land to the east. No part of the development shall be occupied until the agreed foul sewage and surface water drainage system has been implemented. The foul and surface water drainage system[s] shall be permanently retained thereafter in accordance with the approved scheme. Reason: In order to ensure that adequate drainage facilities are provided, and retained, in the interests of the amenity of the area.
Condition 7
- 7. No development shall be commenced until an Updated Tree Plan prepared in accordance with the recommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction) has been submitted to and approved in writing by the Department. Such a scheme shall include details of all trees and other planting which are to be retained; a planting specification to include numbers, species and positions of all new trees and shrubs; and a programme of implementation. Any retained tree which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department. Reason: To safeguard the existing trees and planting to be retained within the site.
Condition 8
- 8. Prior to the removal of any tree on site, a Pre-Felling Risk Assessment by a suitably qualified ecologist shall be submitted to and approved in writing by the Department, as the trees on site were found to have potential roost features for bats. Reason: To provide adequate safeguards for the ecological species existing on the site.
Condition 9
- 9. The development hereby approved shall not be commenced until a Bat and Bird Box Plan have been submitted to an approved in writing by the Department. This plan should provide details, including the specifications and location of 1x bird nest brick suitable for common starling on northern elevation of the building and 1x bat box suitable for crevice roosting species on the southern elevation of the building. The Bat/Bird boxes shall be retained thereafter. Reason: To provide adequate safeguards for the ecological species existing on the site.
Condition 10
- 10. Prior to any works (including site clearance) commencing on the site, a Precautionary Working Method Statement for lizards, breeding birds and Schedule 8 plants, written by a suitably qualified ecological consultancy, shall be submitted to and approved in writing by the Department. The statement shall include the provision of a new hibernacula feature for lizards in a sunny spot close to a boundary hedge or wall. The development shall not be carried out other than in accordance with the submitted Method Statement. Reason: To provide adequate safeguards for the ecological species existing on the site.