Planning Statement

PLANNING STATEMENT IN SUPPORT OF THE REMOVAL OF CONDITION 2 OF 20/00648/B (AS AMENDED BY 21/00193/MCH) FOR THE ERECTION OF A DETACHED GARAGE, TO ENABLE THE APPROVED GARAGE TO BE ASSOCIATED WITH EITHER BALLAKINNAG HOUSE OR BALLATIKI (NOW REDEVELOPED AND KNOWN AS THE BEACH HOUSE)

BALLAKINNAG HOUSE, SHORE ROAD, BALLAUGH IM7 5AZ

1.0 Introduction
1.1 Planning application 20/00648/B proposed the erection of a garage to the rear of an existing dwelling known as Ballakinnag House.
1.2 The plans submitted with that application included a location plan, reference 01 which showed the curtilage of Ballakinnag House deﬁned in red and that of the adjacent Ballatiki deﬁned in blue, conﬁrming that at that time, both properties were in the same ownership as they currently remain.
1.3 The application for the garage was permitted with the decision notice noting that the approval related to drawings 02, 03, 04 and 05. The location plan, reference 01 was not approved.
1.4 The site plans which were approved and are submitted with this application, do not include the red and blue lines as shown in the location plan - notably the curtilages of both Ballakinnag House and Ballatiki although there are red lines which appear around almost the whole site. The plans show a line annotated as “Boundary to be redeﬁned between Ballakinnag House and Ballatiki”. The curtilage of Ballatiki must therefore have been included in the application.
1.5 The application also included the creation of a new access to serve the garage, in addition to the existing accesses serving Ballakinnag House to the east, and that serving Ballatiki, to the west.
1.6 The garage was permitted subject to the following conditions:

Sarah Corlett Town Planning Consultancy Ltd Registered address: 4, Mount Rule Cottages, West Baldwin Road, Braddan, Isle of Man IM4 4HS t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

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.

2. The workshop/garage above hereby approved shall only be used only in association with the main dwelling house "Ballakinnag House" and for purposes incidental to the use of main dwelling house "Ballakinnag House" as a single dwelling and not for commercial purposes.

Reason: the dwelling is within a single residential plot within an area not designated for development and has only been considered acceptable for the reasons identiﬁed within the application. The application does not propose to create separate units within the site and has not been considered as such.

3. The building shall be used only for the storage of private motor vehicles and items associated with the maintenance and occupation of the site as a whole, including land in the occupants' ownership.

Reason: to accord with the justiﬁcation provided by the applicant for the building.

4. If the use of the garage/workshop hereby approved ceases for period exceeding 12 months, the building and any supporting base shall be removed and the ground restored to its former condition within 3 months of the date of the cessation, unless a time is otherwise approved in writing by the Department.

Reason: The building has been exceptionally approved solely to meet a personal need and its subsequent retention would result in an unwarranted intrusion in the countryside.

5. Prior to being brought into use, the proposed workshop/garage upper external ﬁnish shall be ﬁnished in dark green and retained as such thereafter.

Reason: In the interests of the visual amenities of the area.

Company Registration 134325C

No development shall be commenced until a soft landscaping scheme has been submitted to and approved in writing by the Department for the area between "Ballatiki" and the workshop/garage. Such a scheme shall include details of all trees, hedgerows and other planting which are to be retained; details of all other boundary treatment and ﬁnished ground levels ; a planting speciﬁcation to include numbers, density, size, species and positions of all new trees and shrubs; the location of grassed areas and a programme of implementation. All soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out in full accordance with the programme approved in writing by the Department and retained thereafter. Any trees or plants indicated on the approved scheme which, within a period of ﬁve years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be ﬁrst approved in writing by the Department.

Reason: To ensure the provision of an appropriate landscape setting to the development.

This decision relates to the following plans and drawings, date stamped received on 23rd June 2020:

o Drawing No. 02
o Drawing No. 03
o Drawing No. 04

This approval also relates to drawing No. 05 Rev A which was received on the 20th August 2020 which shows the height of the neighbouring boundary with "Sunsets."

1.7 Information was submitted to satisfy condition 6 and was permitted.
1.8 Following the commencement of works, an application for a Minor Change to the permitted development was approved, relocating the building (21/00193/MCH). This permission did refer to the location plan which shows the curtilage of Ballakinnag House in red and that of the then Ballatiki, in blue.

Company Registration 134325C

1.9 That permission was granted with no conditions other than a sentence which refers to the drawings which were permitted (01, 04C and 05B). 04C is a site plan that shows a proposed fence line between the proposed access drive and Ballatiki together with a replanted Griselinia hedge.
1.10 Subsequent to the initial garage application, planning approval was sought and granted for the principle of the replacement of the former dwelling, Ballatiki, under 21/01234/A.
1.11 Subsequent to the approval in principle being granted, the applicant submitted an application for the details of that principle (22/01404/B). This application was initially permitted but refused on appeal for reasons relating to the impact of a dormer which had been proposed,
1.12 A subsequent further detailed application was then permitted on appeal (23/00739/B).
1.13 Work then commenced on the permitted dwelling but a further application was required to be submitted to account for elements of the dwelling being constructed which did not accord with the permitted scheme. This application (25/90102/B) was permitted but the owner of the adjacent property, Sunsets, appealed. The appeal was heard on 23.09.25 and the Minister’s decision is awaited.

Company Registration 134325C

2.0 THE PROPOSAL
2.1 The applicant is the same as was the case for the original applications for the replacement of Ballatiki and the erection of the garage. Since the approval of the new house to replace Ballatiki, the applicant now wishes to move from Ballakinnag House into Ballatiki. In so doing he wishes to be able to use the approved garage as there is no garaging approved with the replacement dwelling other than the existing garage which was shown as part of the curtilage of the new house..

Site plan approved under 23//739/B

Company Registration 134325C

A technical site plan showing a workshop development with parking bays, vehicular access, drainage details, and landscaping features.

Site plan permitted under 25/90102/B subject to appeal

2.2 Ballakinnag House has attached garaging to the south of the house along with a driveway and parking area in front.
2.3 The latest amendments to Ballatiki’s replacement included the removal of the existing access alongside Sunsets such that the access to the new house utilises the driveway and

Company Registration 134325C

A technical site plan showing a workshop building footprint, paved driveway, and landscaping with trees.

access approved in the garage applications. There was no objection from any party to that element of the application.

2.4 The approved application for the replacement of Ballatiki shows the site of that property being the curtilage of the former Ballatiki together with the garage and access thereto:

Approved location plan for 23/00730/B

2.5 Whilst the garage is clearly shown in the above plan and therefor has permission under that application to be used as part of the curtilage of Ballatiki (and whatever might replace that former dwelling), the use of the garage by those living in Ballatiki would contravene condition 2 of the 20/00648/B - the approval for the garage - which requires the garage to be

Company Registration 134325C

A site plan showing building footprints for 'Ballatiki' and 'Ballakinnag' with red and blue boundary lines indicating specific areas.

used in association with Ballakinnag House. As such, this application seeks to have that condition removed.

2.6 Condition 3 requires that the garage is used “only for the storage of private motor vehicles and items associated with the maintenance and occupation of the site as a whole, including land in the occupants' ownership” and would therefore allow the owners of the new house, which is within land which was then in the occupant’s ownership, to use the garage.

Company Registration 134325C

3.0 Planning policy
3.1 The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as not for a particular purpose and within an area of an area of High Landscape or Coastal Value and Scenic Signiﬁcance (below left).
3.2 The 1982 Plan is the only adopted plan for this part of the Island, although Cabinet Ofﬁce are currently preparing an Area Plan for the north and west of the Island and have published the draft Area Plan which does not designate this site for a particular purpose (above right) conﬁrming the position prior to the Area Plan’s commencement.
3.3 The draft Area Plan provides information on environmental and infrastructural constraints of which there is none which applies to the site.
3.4 The areas of an area of High Landscape or Coastal Value and Scenic Signiﬁcance will be replaced by the provisions of the 2006 Landscape Character Assessment which identiﬁes the site as being within an area of Undulating Lowland Plain - F3 Andreas and Jurby which focuses on the open, natural landscape and historical buildings and makes no direct reference to The Cronk.
3.5 The national ﬂood risk maps and infrastructural constraints map with the draft Area Plan show no likelihood of ﬂood risk to or from the site.

Company Registration 134325C

A close-up crop of a site plan showing red hatched boundary lines, green vegetation markings, and black structural outlines.

A black and white map extract showing roads, building footprints, and field boundaries in a rural setting.

3.6 There are no Registered trees or buildings on the site and it is not within a proposed or adopted Conservation Area.
3.7 Development is therefore presumed against in such areas although there are provisions under the Town and Country Planning (Permitted Development) Order 2025 to allow for ancillary structures such as garages, sheds and greenhouses subject to certain conditions. There have also been numerous planning approvals granted for the erection of detached garages, often sizeable structures in areas not designated for development. The existing garage which is the subject of this application is one such example.

Company Registration 134325C

4.0 PLANNING ASSESSMENT
4.1 The proposal will not change the existing building, which exists on site. There will be no changes to the means of access or the use of the building which will remain ancillary to one of the houses within the land which was in the ownership of the applicant at the time of its approval. This remains the case.
4.2 However, Ballakinnag House already has existing garaging in the form of an attached triple garage with parking space in front and its own private access.

Company Registration 134325C

A street-level photograph showing a brick garage structure with a black metal gate, adjacent to a cream-colored house and a wall with solar panels visible in the background.

4.3 The new dwelling however has no approved garaging other than the existing garage which is shown in the approved plans as being part of that curtilage, not within Ballakinnag House. The application would provide the opportunity to address this situation.
4.4 Ballakinnag House has a generous garden at the rear as shown below and a fence and establishing vegetation between the garage and this garden area also as seen below.

Company Registration 134325C

Company Registration 134325C

4.5 There is an existing wall with established hedging between the north western boundary of Ballakinnag House’s curtilage and the approved access drive.
4.6 Therefore the use of the garage by persons not living in Ballakinnag House will not result in any adverse impact on the living conditions of those in this property.
4.7 As approved, the new house has access both directly from the road and from between it and Ballakinnag House, the access which leads to the garage. The parking area for the new house is at the rear, served by this access.

Company Registration 134325C

A photograph showing a residential property with a new driveway, drainage inspection chambers, and a two-story house with a wooden fence.

A street-level photograph showing a residential property with a modern building on the left and a detached house on the right, separated by a boundary wall and large black gate.

4.8 Arguably the garage now sits more naturally within the curtilage of the new house although could still be used in association with Ballakinnag House. As more recently proposed with the decision awaiting the decision on appeal, the access to the garage is solely from that which serves the new house, leading to the garage being more appropriately associated with the new house than with Ballakinnag House.
4.9 As the use of the building will not change and neither will its physical presence, there can be no adverse impact either on the living conditions of those in Sunsets, to the north. Again the boundary between these properties is established, preventing any meaningful inter visibility between Sunsets and the parking area associated with The Beach House, or the garage.
4.10 We would submit that the removal of condition 2 from 20/00648/B will have no adverse impact on the area or anyone who lives within it but it would enable the new house to have its own garaging, as shown in the approved plans for the replacement of Ballatiki. As approved, it is our position that the garage now falls more naturally within the curtilage of the new house rather than that of Ballakinnag House.

Company Registration 134325C

4.11 Whilst there are no speciﬁc planning policies which would apply to the variation of the original approval as we propose, we would submit that all of the conclusions which were reached when the garage was originally permitted still apply and that our proposal to remove condition 2 would result in the original grounds for the approval being supported.

Sarah Corlett 02.10.2025

Company Registration 134325C

Planning Statement

Source & Provenance