25 July 2023 · Committee
Ballamona Barns, Old Castletown Road, Port Soderick, Isle Of Man, IM4 1at
This application sought permission for a range of works at Ballamona Estate, Port Soderick, Isle of Man. The proposals included alterations and extensions to the existing dwelling, conversion of outbuildings into residential accommodation, and the erection of a garden room and domestic garage. Associated landscaping, including a natural swimming pool, was also proposed. The site forms part of Ballamona Farm Estate, which comprises a significant area of farmland. The application was considered by committee and approved on 25 July 2023, subject to seven conditions. The officer's report identified the impact on trees, highway safety, and effects on neighbouring amenity as the principal planning issues to be weighed in reaching a decision.
The Department of Environment, Food and Agriculture approved the application on 25 July 2023. The officer also recommended approval. Key planning issues considered included the impact on trees, highway safety, and effects on neighbouring amenity.
General Policy 2
General Policy 3
Housing Policies 4, 11
Housing Policy 15
Housing Policy 15: The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally).
Environment Policy 1
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 22
Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
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. The development for the alterations and extensions to the existing dwelling and conversion of outbuildings to form residential accommodation, hereby permitted, shall be constructed in accordance with the following approved details as outlined on the submitted Drawing - Drawing No. 2200-PR-301 Rev. A. Namely: - o Stonework of existing Barns to be retained and re-pointed where necessary with lime mortar to match existing; - o Existing windows being 'blocked up' to be filled with 'reclaimed' bricks that match the existing already used on the property i.e. garden walls; - o Existing windows in the Barn to be replaced with double glazed timber framed windows (RAL colour to be conformed) to match existing windows; - o New windows in the Barn to match style and appearance of the existing windows to be replaced. 'Reclaimed' bricks to be used on the newly formed lintels and reveals. New sills to match stone sills of existing windows. - o New doors of the Barns to be of Engineered Oak with painted finish (RAL colour to be conformed) and Glazed Vision panels as detailed on the windows and doors schedule; - o External walls of the proposed link building and extension to be finished in 'Larch' feather edge cladding boards - natural finish. Plinth course to be finished in Manx stone; - o Large glazing and doors to Extension and Link Building to have powder coated aluminium framed, double glazed units with low e-coating. Frames to be finished in RAL Colour 7043 (Traffic Grey); - o Extension and link to have felt 'sedum' roof with overhang finished in standing seam aluminium roofing profile system; Reason: To ensure that high quality materials are used for the alterations and extensions to the existing dwelling and conversion of outbuildings which reflect and preserve the character and historic significance of the Barn structure and Farmhouse and impart a high quality finish in the interests of visual amenity.
Condition 5
- 5. Prior to the commencement of development on site, including any works required for demolition, protective 'Heras' fencing as shown on the Tree Protection Plan Drawing submitted as part of the Arboricultrural Impact Assessment (AIA) and Tree Protection Plan prepared by Manx Roots Tree Management (dated August 2022) - shall be erected around the 'Construction Exclusion Zone' shown on this plan, especially for Tree Groups 1, 4 and 5, where they abut the areas of development. The protective fencing should be installed to form the construction exclusion zone in accordance with BS5827:2012. Such fencing shall be retained in the positions shown throughout the construction period for the development, hereby permitted. At no time before, during or after the construction period, when the fencing has been removed, shall any construction materials, machinery, liquids or fuel be stored within any of the 'Construction Exclusion Zones' shown and annotated as such on the Tree Protection Plan. Reason: To ensure that trees to be retained on and around the site are protected throughout the construction period.
Condition 6
- 6. Prior to the commencement of the development, hereby permitted, details of biodiversity mitigation measures in respect of Protected Species (Bats) and nesting birds shall be submitted to and approved in writing by DEFA Planning. Such details shall cover Reason: To ensure that high quality materials are used for the alterations and extensions to the existing dwelling and conversion of outbuildings which reflect and preserve the character and historic significance of the Barn structure and Farmhouse and impart a high quality finish in the interests of visual amenity. avoidance of harm to protected species, and nesting birds. The mitigation measures and biodiversity enhancement outlined therein shall be implemented in full, unless otherwise approved in writing by DEFA Planning. Reason: For the conservation and protection of legally protected species, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016.
Condition 7
- 7. Details of foul and surface water drainage provision to serve the development, hereby approved, shall be submitted to and approved in writing by DEFA Planning. Such approved drainage scheme shall be installed prior to the development hereby permitted being first occupied and shall thereafter be retained and maintained at all times. Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere.
Condition 8
- 8. 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 satellite dish, or solar panels shall be attached to any building or erected within the site, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To safeguard the residential character and amenities of the area.
Condition 9
- 9. The development hereby permitted shall be occupied as a single dwelling only and the proposed annex accommodation; garage; garden room, buildings, hereby permitted, shall not be occupied at any time other than for purposes ancillary to the residential use of the site as a single dwelling. Reason: To ensure that the annex accommodation remains as part of the single dwelling on the site. This is due to the application site being located in the open countryside where planning permission for a separate unit of living accommodation would not be granted unless there was an identified and justified need - such as a requirement for an agricultural or forestry worker. This accords with the provisions of General Policy 3a); Housing Policies 4a) and 11; and, Environment Policy 1 in the Adopted Isle of Man Strategic Plan (2016).
erection of replacement dwelling with garage block and landscaping
Manor House
alterations, extensions and renovation of existing dwelling
Farm House
extension to farmhouse and barn, development of private equestrian facilities with horse walker, relocation of poly tunnel and associated landscaping
Farm House
Conversion of barns into estate office with facilities
Barns
Approval in principle for conversion of derelict mill into a dwelling
Mill
Conversion of mill into a private dwelling
Mill
Conversion of redundant mill into private residential accommodation
Mill
Proposed erection of private equestrian facilities
Private Equestrian Facilities
Additional development
Additional development
Additional development
erection of poly tunnel
Additional development
erection of poly tunnel
Additional development
Additional development