29 January 2007 · Minister for Local Government and the Environment (following appeal inspector report)
Swallow Beg, Bayrauyr Road, St. Marks, Ballasalla, Isle Of Man, IM9 3at
The site is an isolated derelict 2-storey stone cottage (53 sqm habitable space) in open countryside, previously approved in 2002 (PA 02/2162) for reinstatement as 2-bedroom tourist accommodation with pitched slate roof and rear porch; renovation works had commenced with services installed.
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The principle of renovating Little Gibdale was established by the 2002 tourist approval; the inspector found the 53 sqm accommodation (kitchen/lounge/WC ground floor; 2 bedrooms/shower room first floo…
Planning Circular 3/89 Renovation of Buildings in the Countryside
Governs rural building conversions; 2002 tourist approval complied despite objections by restoring character (Foxdale granite stonework); refusal feared residential would undermine via future works, but inspector found compatible with controls.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Plans tie-in
This approval relates to the submitted documents and plans.
No extensions or outbuildings
Notwithstanding the provisions of the Town and Country Planning (Permitted Development Order) 2005 (or of any order revoking and re-enacting that Order with or without modification) the building as shown in Drawing No. 36.3.05 Rev A shall not be extended or enlarged, and no greenhouse, summer-house, shed, garage or other outbuilding shall be erected within its curtilage as shown in the submitted plan, without the specific written approval of the Planning Authority.
Do not oppose
The original application (06/01853/C) for change of use from holiday accommodation (approved in 2002 under 02/2162) to permanent residential was refused due to concerns over pressure for extensions and outbuildings harming the building's original character. The appellant argued no evidence supported greater impact from residents versus tourists, cited inconsistent precedents, and claimed discrimination. The council and parish defended refusal on policy grounds restricting countryside dwellings and need for tourist accommodation. The inspector found the size adequate for residential use, principle of renovation established, sustainability not decisive, rejected discrimination claims, and recommended approval with conditions to control future alterations.
Precedent Value
This appeal shows inspectors may allow residential use of previously-approved tourist conversions in countryside if size adequate and character protected by conditions removing PDRs. Applicants should focus on lack of evidenced harm differential vs tourists and prior approval benefits, avoiding unsubstantiated claims.
Inspector: Michael Hurley
