DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Applicant: Mr & Mrs Ewan McDonnell Proposal Proposed conversion and extension of existing Old Mill Building to create new dwelling Site Address Old Mill Building On Land Rear Of (part Fields 135090 & 134502) Ballacuberagh Cottage Sulby Glen Lezayre IM7 2BD Case Officer : Mr Chris Balmer Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 23.08.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 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.

• C 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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval. Reason: To control development in the interests of the amenities of the surrounding area.
• C 3. 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 garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval. Reason: To control development in the interests of the amenities of the surrounding area.
• C 4. 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 fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, other than that expressly authorised by this approval. Reason: To control development in the interests of the amenities of the surrounding area.

• C 5. 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 garden sheds or summerhouses shall be erected or placed within the curtilage of the dwelling(s) hereby approved. Reason: To control development in the interests of the amenities of the surrounding area.
• C 6. 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 greenhouses or polytunnels shall be erected or placed within the curtilage of the dwelling(s) hereby approved. Reason: To control development in the interests of the amenities of the surrounding area.
• C 7. All tree planting comprised in the approved details of tree planting as approved under plan 22 1702/TREES 01 & Section 6 of the Tree Report shall 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 which die 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 and for biodiversity net gain.

• C 8. No development shall take place until full details of both soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping (excluding tree planting condition 7) works include details of new planting showing, type, size and position of each. All 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 hereby approved 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. The hard landscaping should include details of the surface finish of the driveway and footpaths as well as any fencing/walls to all boundaries of the dwellings. The hard landscaping works shall be completed in full accordance with the approved details prior to the first use of the dwelling.

Reason: To ensure the provision of an appropriate landscape setting to the development and in the interest of biodiversity.

• C 9. No development shall take place until a detail plan defining the residential curtilage has been submitted and approved in writing by the Department and the approved plan shall be fully adhered to and retained thereafter. Reason: In the interest of the character and appearance of the site and surrounding area.
• C 10. Prior to the occupation of the dwelling hereby approved the temporary construction access track as shown on plan 22 1702/TREES 01 shall be removed and be re turfed as it existed previously.

Reason: To ensure the provision of an appropriate landscape setting to the development and approval has only been granted on a temporary basis for the construction of the dwelling.

• C 11. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plan 22 1702/TREES

• 03. Such areas shall not be used for any purpose other than the 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 sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• C 12. Prior to the occupation of the dwelling hereby approved the approved works for the reinstatement of the Mill Lane as shown on drawings 22 1702/TREES 02 and 22 1702/TREES 03 and Tree Report shall be completed in full, including all tree protection measures and retained thereafter.

Reason: To ensure the provision of an appropriate landscape setting to the development and ensure adequate tree protection.

• C 13. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.

N 1. The applicant is advised that all ivy removal should take place outside of the nesting bird season (March to August inclusive) and then the works on the property which could impact on an internal voids must commence between the dates of mid-April to mid-October (to avoid hibernating bats).

Thorough checks for nesting birds and roosting bats must take place before works commence and throughout the works, and if birds or bats are encountered or suspected, the works must stop and the Ecosystem Policy Team be contact on 01624651577.

This application has been recommended for approval for the following reason. Overall, it is considered the proposed works would not adversely affect the countryside or harm the character and quality of the landscape, have no adverse impact upon any protected species/trees, result in an unacceptable risk of flooding on or off the site; and have no significant impacts upon private or public amenities and therefore comply with HP 11 and EP 1, 2, 3, 4, 5 & 13, TP 4 & 7 and GP2 of the IOM Strategic Plan and the Residential Design Guide 2021.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 19.06.2023.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions these do relate to planning considerations:

Flood Management Division (DOI) Manx National Heritage

It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

The owners/occupiers of Ballacuberagh Cottage, Sulby Glen, Sulby as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (2019).

It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

The owners/occupiers of Glendale, Sulby Glen, Sulby The owners/occupiers of 40 Bretney Estate, Jurby (on behalf of owners of Starch Mill Quarry, Sulby) The owners/occupiers of Mannin Veen, 7 Cannan Avenue, Kirk Michael

as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and/or as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. ________________________________________________________________

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN AN OBJECTION FROM THE LOCAL AUTHORITY WHERE THE APPLICATION IS RECOMMENDED FOR AN APPROVAL

0.0 PREAMBLE At its public meeting 4th September, the Planning Committee determined to defer its consideration in order to undertake a site visit

The site visit was carried out on Monday 11th September in order to observe the topography, access to the site and the siting of the proposed extension, the current condition of property in its context in relation to the neighbouring properties.

- 1.0 THE APPLICATION SITE

1.1 The application site is the Old Mill Building on land rear of (part Fields 135090 &

134502) Ballacuberagh Cottage, Sulby Glen, Lezayre. The site is located to the western side of the Sulby Glen Road and southwest of Sulby Village. The applicants also land adjacent fields to the north, east and west of the site.

1.2 The main section of the site where the existing Old Mill Building is situated is located approximately 45m to the west of the Sulby Glen Road. Access to the site is from an existing private lane (Quarry Road) which has direct access onto the Sulby Glen Road to the north of the Old Mill Building. To access the site a person/vehicular would run approximately 130m to the southwest and then there is a 90degree turn onto the original lane which served the Old Mill Building (albeit bee disused for a number of decades) and runs in a southern direction towards the mill building for approximately 55m. - 1.3 The existing Old Mill Building is mainly a two storey, albeit some of the two storey elements have been lost. The building is of Manx stone construction. The roof has been lost in recent years. The Old Mill Building has existed since at least 1886 (shown on County Series Maps).

- 2.0 THE PROPOSAL

2.1 The application seeks approval for the proposed conversion and extension of existing Old Mill Building to create new dwelling. The initially scheme proposed tourist use; however, this has now been omitted.

2.2 Works proposed included a contemporary approach to the conversion of the existing barn, retaining the existing stonework as an outer façade, however, with a two storey steel frame within with a corten weathering steel cladding to elevations and to roof. The existing mill building has an existing enlarged door opening (likely to be original feature) to its north elevation. The design which does not proposal to make any alteration of additional openings to the existing building, takes advantage of the larger door opening with a single storey link running from it to a single storey extension to the north, which will be finished in partly traditional laid Manx stone and corten weathering steel cladding, which includes the roof. - 2.3 Access will utilise the existing private land and renew the original lane which runs from the private lane to the site, which again is clearly visible on site and on the 1886 map. - 2.4 The applicants also confirm; "The proposed dwelling would be designed having due regard to sustainability and reducing energy consumption. The three key issues of the proposed design would be high insulation levels, incorporating high quality double/triple glazed window/door units, complete airtightness of the proposed dwelling and a fully fitted internal Mechanical Ventilation Heat Recovery system, (MVHR)." - 2.5 Further,

"An alternative means of heating could be either Air Source Heat Pump , (ASHP), or Ground Source Heat Pump, (GSHP). We have shown a typical location for the proposed ASHP on the proposed Ground Floor Plan. The proposed GSHP could be located in the field to the NorthWest of the proposed dwelling and would be subject to a separate planning application."

2.6 A total of six trees are proposed to be removed; albeit some of these are due to poor quality unrelated to facilitate the proposed works. A temporary access track is proposed through the neighbouring field (135090) for construction traffic due to concerns of the impacts of heavy vehicles along the original lane which runs from Quarry Road to the Old Mill Building, as there a number of large mature trees which run parallel /overhang this lane.

- 3.0 PLANNING HISTORY

3.1 The site has not been the subject of any previous planning applications. - 4.0 PLANNING POLICY

4.1 The application site is designated as woodland and within an area zoned as High Landscape or Coastal Value and Scenic Significance under the IOM Development Plan Order

1. The site is not within a Conservation Area. The Old Mill Building and the land to the north, east and west (including access routes) are not within a Flood Risk Zone. The land directly to the south of the site (stream) is within a High Flood Risk from Surface Water Flooding.

4.2 The following policies are taken from the IOM Strategic Plan 2016 and are relevant for consideration:

4.3 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".

4.4 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential."

4.5 Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and seminatural woodlands, which have public amenity or conservation value." - 4.6 Environment Policy 4 states: Development will not be permitted which would adversely affect:

• (a) species and habitats of international importance:

• (i) protected species of international importance or their habitats; or
• (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.

• (b) species and habitats of national importance:

• (i) protected species of national importance or their habitats;
• (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or
• (iii) Marine Nature Reserves; or
• (iv) National Trust Land.

• (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.

4.7 Environment Policy 5 states: "In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to:

• (a) minimise disturbance;
• (b) conserve and manage its ecological interest as far as possible; and
• (c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated."

4.8 Housing Policy 11 states: "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."

4.9 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted." - 4.10 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 4.11 Transport Policy 7 states: "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." - 4.12 General Policy 2 states: "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."

- 5.0 REPRESENTATIONS AND CONSULTATIONS

5.1 Highway Services (DOI) comments (30.06.2023): "The proposal would convert an existing unused building to a single dwelling. The proposal will utilise the existing access and lane off Sulby Glen Road.

Visibility splays have been provided from the existing access. From a 2.4m setback, splays of 77m and 153m respectively can be achieved. The splays provided are more than adequate for the expected speeds of passing vehicles along Sulby Glen Road, which is rural and winding.

The planning statement has indicated that there are to be two parking spaces provided for the dwelling to meet the Strategic Plan minimum standard. The applicant should also consider the provision of an electric vehicle charging point in order to support the islands sustainable transport goals. There is no indication of bicycle parking provided on the site plan and no garage provision to accommodate. The additional use of the dwelling as tourist accommodation may further encourage the use of bikes for leisure. The proposal should provide separate, secure and covered bicycle parking at a rate of one space per bedroom.

The proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject to:

• a) All access arrangements including visibility splays to accord to Drawing No. 22 1702 07; and
• b) The provision of secure and covered bicycle storage at a rate of one space per bedroom. Recommendation: DNOC"

5.2 The Ecosystem Policy Officer comments (30.06.2023); "The Ecosystem Policy Team can confirm that the Manx Bat Group's Bat Survey Report dated May 2023, is all in order and that a suitable level of assessment has been undertaken.

The Manx Bat Group concluded that the project would not impact on bats, and therefore no mitigation was required in the form of new roost provision.

There is however, potential for opportunistic use of the building by roosting bats and therefore avoidance measures are required.

Additionally, looking at the site photographs, we believe that there is potential for nesting birds in the holes within the masonry or the ivy growing on the building and therefore avoidance measures for nesting birds should also be implemented.

The applicant is therefore advised that all ivy removal should take place outside of the nesting bird season (March to August inclusive) and then the works on the property which could impact on an internal voids must commence between the dates of mid-April to mid-October (to avoid hibernating bats).

Thorough checks for nesting birds and roosting bats must take place before works commence and throughout the works, and if birds or bats are encountered or suspected, the works must stop and the Ecosystem Policy Team be contact on 01624651577.

We also encourage the applicant to consider erecting bat and bird bricks/boxes on site as an enhancement for wildlife. Bird boxes should be located high up on a northern elevation but not above windows or doors, and bat boxes should be located high up on a southern elevation but not above windows or doors.

To mitigate against the loss of a number of trees, we also request that a condition is secured for the new planting to be undertaken as per the details contained in the Tree Planting Plan dated March 2023 and the Overall Tree Plan (Drg No. 22 1702/TREES 01)."

5.3 Flood Risk Management (DOI) objects commenting (26.06.2023); "As stated in the application the property is in a flood zone. The FRA states that demountable flood barriers will be provided to protect the property when needed as well as tanking of the existing walls. FRM are opposed to this property being used as tourist accommodation where short term renters would be expected to erect flood barriers.

• Conditions The FRA is acceptable for a permanent dwelling but I would insist on fixed flood defence for tourist accommodation."
• 5.4 Inland Fisheries (DEFA) comment (27.06.2023); "This planning application has been checked by Fisheries Officers.

I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse. As the proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river."

5.5 Manx National Heritage comments (29.06.2023); "…Having looked through the tree report we do not have any issues with the number of category U trees to be removed but ask that the work is undertaken outside of the bird nesting period. Due to the number of trees present, on site, it would be difficult to assess whether or not birds were nesting. To be sure to avoid disturbance works should, ideally, be carried out from the beginning of September through to the beginning of February (in order to be sure to avoid early and late nesters)…" - 5.6 Lezayre Parish Commissions object to the application on the following grounds (18.07.2023); "This application is for the conversion and extension of an existing Old Mill Building. The photographs show the Old Building to be in a ruinous condition. The Commissioners would like to understand if there is a policy around the development of ruinous buildings in the Isle of Man.

Pre application advice was sought and the following planning policies were indicated. Housing Policy 11 and Environment Policies 1,2 and 4.

The Commissioners believe this development is against the following Environment Policies. (EP)

• EP1. The area is outside the settlements defined in the Sulby Local Plan 1999. The property will affect the countryside. There is no over-riding national need for housing in this area.
• EP2. The area is inside the present system of landscape classification of Areas of High Landscape of Coastal Value and Scenic Significance as identified on the 1982 Development Plan.

The Commissioners believe that this development would harm the character and quality of the landscape in this area, and the development is not essential.

The Commissioners also note that the area includes an Ancient Monument. They believe this to be called "Mega Keeill" which is close to the orchard on this site. This would fall within EP 6. The Commissioners note that the applicant requires both electricity and water to the proposed property.

Can services be made for electricity and water near an ancient archaeological site? Any connections for these services should not interfere with the Keeill known to be on this site, therefore against EP40 and EP41.

Housing Policy 11. The building is not substantially intact. The structural assessment advises that intrusive investigations were not undertaken and the Inspection is based on visual observations.

The plans show that a structure will be built within the existing mill ruin to create a kitchen/dining area with bedroom and bathroom above along with a living area extension.

It is the Commissioners opinion that the extension is not subordinate to the original mill building. The original mill building has an internal footprint of approximately 28.8m2, external 41.7m2 with the proposed extension approximately 35m2.

Housing policy 13 mentions extensions to dwellings which may be permitted if the extension measures less than 50% of the original. In this case the extension would be approximately 83%.

Although the plan is not to reinstate the original building, is the existing structure sufficiently stable to allow the internal works to be undertaken?

Housing Policy 11 states that conversion of existing rural buildings 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. Do the proposed plans meet this policy? Is the original construct of the mill building known?

Access Access to the proposed development will be via an existing track, which currently gives access to a quarry yard and plantations. This track has a right of way for these users. This application will create further access requirements. How will the access operate and will it affect the other lane users. The use of the existing lane should be given in more detail.

The plans show access from the track down to the proposed property. Are the tracks sufficiently wide enough for vehicles to turn and enter and exit the proposed property.

Flooding The Commissioners have concerns regarding flood risk to the proposed property and also the properties nearby. Will the construction work disturb the land and potentially alter the flows of water down the hillside creating surface water flooding to nearby properties. The applicant has acknowledged possible water flow to the site by the proposed flood mitigation barriers to protect their property, which are in the Commissioners opinion quite extreme.

The plans show that foul waste will be dealt with by a klargester, with a further soakaway/French drain, just outside the proposed site area (red line). Has the applicant provided sufficient information to show that this method is acceptable under the appropriate Building Regulations as suggested on the application form? The land in this area is quite wet. Will this cause any issues to the properties nearby?

One further observation by the Commissioners is that the area of the proposed building is very dark, damp and shaded."

5.7 The owners/occupiers of Glendale, Sulby Glen, Sulby object to the application which can be summarised as (30.06.2023); concerns of initial site notice placement; proposal does not affect our dwelling, but we own 20 acres of grazing land access via Quarry Road; there is a steep angle from the Quarry Road to the lane to site and only a 4x4 could access it at moment; main concern is to ensure nothing is done to compromise the integrity of the Quarry Road for the current legal users; Forestry Department uses the lane with heavy vehicles often; site is very wet in winter; and concerns of traffic problems due to single track nature of Quarry Road and could lead to extreme inconvenience to all. - 5.8 The owners/occupiers of 40 Bretney Estate, Jurby object to the application which can be summarised as (03.08.2023); Whilst we note from the plan the existing internal measurements of the mill are 5.25m x 4.325m it is unclear what the overall external measurements are to determine if the proposed extension is subordinate to this, at 6.2m x 5.65m; The current dwelling land use in this area is predominantly permanent residential. The proposed

• development is to offer tourist accommodation. Is this permitted and compatible with the area plan; Whilst we acknowledge that the development will retain the existing Manx stone walls, the remainder of the proposed development will incorporate an internal steel frame and Corten weathering steel cladding, which is not the same material as the existing building, nor reestablishing the original appearance; As only a visual inspection was carried out, will there be a more thorough survey prior to permission being granted? Without such, we fear that any remedial work of the existing structure may be deemed too extensive, resulting in the loss of the integrity of the original building; As owners of Starch Mill Quarry, along with other land owners, we have legal, unhindered access, 24hrs per day, along the narrow single tracked 'Quarry Road'. This road has been maintained by us, at no expense to the previous nor current owner of the road both during quarry operations and since its cessation. Should permission be granted, resulting in an increase in vehicular movements, maintenance would have to fall to the current owner as not to impact the movement of our current vehicles. We would require clear and written assurance that our unhindered freedom of movement, maintenance of the road and the security of our land is maintained from the gated access point; Having looked at the existing gated access, as entrance to Ballacuberagh, rather than the 'quarry road', a crude comparison with the 'Access Details' document would suggest that the visibility splays would give in the region of 110m and 42.5m that could be enhanced with the placement of visual mirrors opposite the entrance/exit point; And concerns of emergency vehicles being able to access site due to incline into site from Quarry Road.
• 5.9 The owners/occupiers of Ballacuberagh Cottage, Sulby Glen, Sulby object to the application which can be summarised as (14.07.2023); Our main concern is around the fact that the site is on extremely wet land. It is unclear whether the site is in a flood risk zone according to the Department of Infrastructures Flood Risk map. It is, however, clear that it is surrounded by areas that are a flood risk and is subject to significant water flow during the year; flood barriers will be provided to protect the property; concerns around the impact to the wider area, the existing provisions in the Application appear to only consider the proposed dwelling and not the stream or land adjoining the site, which is a part of our property; Currently the stream, and drainage ditches take the impact of the run off from the land, but should the development go ahead this would severely erode the existing natural water absorption from the ground and trees and cause water to be redirected away from the site into other areas; The application mentions mitigating flood risk with additional water channels, but where is this water going to be redirected. We have serious concerns this would be redirected to our property and lead to greater pressure on our existing drainage ditches; in the space of six months nearly two feet of the bank to our stream has been eroded in one area; Should this development go ahead it would create further pressure on the stream and existing run-off mitigations, which struggle to contain the existing waterflow, increasing the risk of flooding further; septic tank proposed discharges the liquid from the tank into the ground or water course, which would add to the existing wet issues; there is a significant drop into the site from the 'Quarry Road' which the application itself states that the proposal does not include a change in site levels, but we would question whether this is possible as the current incline would not be a viable access point for cars and building materials; We also do not see how access to the site via the field adjacent to our property would be viable either due to issues with visibility splays, but also we would bring to your attention that it is the site of an ancient Keeil, the remains of which are still visible today; The development is in an area of natural beauty and have concerns that the additional site work required to make the site viable would greatly diminish the natural environment and landscape; and we note that the development requires a number of trees to be chopped down, which not only raises concerns as trees contribute greatly to the natural ground absorption, but also around the potentially negative impact to the beauty of the area, its bio-diversity and the loss of natural habitats for many animals.
• 5.10 The owners/occupiers of Mannin Veen, 7 Cannan Avenue, Kirk Michael raised a number of questions (03.08.2023) which the Department subsequently response to (28.08.2023 please see online response). These included would construction access remain once works being completed; Reference is made in the plan to further planning that would be needed for

heat pumps and solar panels and so on; Is it usual that this would not be specified in the first application especially as the planning for new builds is changing in August 2023; and surely knowledge of what and where these would be are important at all stages.

- 6.0 ASSESSMENT

6.1 When considering the proposal the following material planning matters should be considered;

• o Compliance with Housing Policy 11
• o Potential impacts upon the Countryside/landscape (EP1 & 2);
• o Flooding matters (EP 14);
• o Access arrangements/parking (GP2 & TP 7);
• o Impacts upon Ecology / Trees; and
• o Impacts upon neighbouring amenities (GP2).

- 6.2.1 COMPLIANCE WITH HOUSING POLICY 11

• 6.2.2 There are a number of criteria when considering the conversion of rural building into dwellings and Housing Policy 11 is relevant.
• 6.2.3 With regard to paragraph (a) of Housing policy 11, the Ols Mill Building is clearly not used for its original purposes and has not been for a number of decades and therefore it is clearly redundant. It is therefore considered that redundancy has been established and the proposal conforms to Housing Policy 11 in this respect.
• 6.2.4 With regard to paragraph (b), this deals with whether the building is substantially intact and structurally capable of renovation. A structural report is included, which concludes: "Whilst the building is an advanced dilapidated condition, within the "Manx" stone there is a regular interlocking through stone approximately every five courses. Similarly, the internal stonework appears to be laid in a regular interlocking pattern.

The distortion to the front LHS elevation and the cracking to the LHS gable elevation appear to be attributable to the failure of the lintel above the ground floor door opening. The extent of the movement is not structurally significant, only requiring reinstatement of the lintel and the mortar.

Similarly, the rear is of a regular not a random stone construction, but with regular interlocking stones and there are no significant structural bulging or distortions.

Towards the top of all the remaining walls there is significant penetration by vegetation, in particular large ivy roots have passed through the wall. To prevent further ongoing movement these will need to be carefully removed possibly requiring reinstatement of the surrounding stone.

To retain the RHS gable it is likely that shoring will need to be installed to support the wall while structural remedial work is undertaken. Similarly, during any future construction shoring will be required to the front wall.

The remaining walls are stable and suitable for retention. A new structural frame could be introduced within the walls of the existing Mill, this could be used to restrain and maintain the existing Manx stone walls…".

• 6.2.5 It is clear the existing building has structural issues, which has led to some collapse. However, the structural report indicates that the stone works that is proposed to be retained can be and can form part of the proposed conversion works, which involve the introduction of a steel frame within, which will form the structural part of the new dwelling, whereas the existing Manx stone will be retained to be a façade and non-structural. Generally, four walls to eves

• level and which are structurally intact and capable of reuse would be sought. This proposal does go outside that requirement in that sections of the northwest corner of the building have been lost. However, the remaining building has been confirm as being structurally capable of being retained.
• 6.2.6 The approach taken, potentially the first on the Island is a novel and innovative way of converting the existing building, rather than potentially a traditionally way of rebuilding the existing fabric, which is not always successful in terms of appearance.
• 6.2.7 It should be noted that when the policy for the IOMSP was written/produced (was initially adopted in 2007) the current proposed way of converting the building was not envisaged. Rather the more traditional way of rebuilding or adding to the existing fabric, trying to match that finish. However, in recent years the Department (through decision made) has evolved, with more contemporary approaches been supported.
• 6.2.8 In terms of the visual/design of the works this will be considered shortly in this report. However, it is considered the principle of the works are such that the remaining fabric can be reused and retained, which will ensure the aims of paragraph 8.10.2 of the IOMSP which indicates; "Conversion of such buildings into dwellings can make a useful contribution to the housing stock, ensure retention of our built heritage, and improve the appearance of what might otherwise become derelict fabric."
• 6.2.9 It is perhaps reasonable to consider that if works to convert the Old Mill Building are not undertaken soon, then the building will continue to fall into disrepair and will potentially be lost for future generations.
• 6.2.10 With regard to paragraph (c) of Housing policy 11, the existing Old Mill Building constructed of Manx stone is considered to have the appearance, age and character to have an overall architectural interest to warrant its retention and therefore complies with this aspect of Housing Policy 11.
• 6.2.11 With regard to paragraph (d) of Housing Policy 11 this policy states that the building should be 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.
• 6.2.12 As outlined earlier in this report, the proposal is to convert the existing built fabric of the Old Mill Building in an innovative way. It is considered in terms of this element, the proposal will ensure there is a clear distinction between "old" and "new" fabrics, with the existing Manx stone being retained and existing openings, with the new corten weathering steel cladding structure projecting at various levels of degree, above the remaining Manx Stone. This is an approach which is considered to be innovative and should be encouraged.
• 6.2.13 The first floor of the converted building will accommodate a single bedroom and bathroom only.
• 6.2.14 In relation to the proposed extension, this would include a single storey link (3m x 1.5m) to larger extension; which again is single storey (5.7m x 6m) finished in Manx stone and corten weathering steel cladding. This section of the extension will provide the main living area, which utilises the link extension to the ground floor of the Old Mill Building which would accommodate the kitchen & dining area. The extension would increase the floor area over the existing by approximately 40sqm. The existing old mill building did have two storeys and therefore had a floor area of 72sqm. The total floor area of the new dwelling would be approximately 112sqm (55% increase). The proposed works would result in a modest one bedroomed property. Unlike Housing Policy 14 (replacement dwelling), Housing Policy 11 does not indicated a percentage increase which is generally accepted. However, any extension to an

• existing rural building should be subordinate extension which does not affect adversely the character or interest of the building.
• 6.2.15 Overall, it is considered the contemporary design and approach in terms of the use of materials, proportion, form and size of the works; the proposed conversion of the existing Old Mill Building and conversion would not affect adversely the character or interest of the building and therefore comply with paragraph (d) of Housing policy 11.
• 6.2.16 Paragraph (e), questions whether the use would be compatible with adjoining established uses. The closest neighbouring residential property would be Brookside to the east of the site, located between 23m (existing mill building gable) and 28m (closest point of new extension). There is mature landscaping between the site and the neighbouring property also. To the north east is the property Ballacuberagh Cottage approximately 45m from the closest point to the new extension. Again significant landscaping existing between this property and the application site. Overall, given the design of the extension, modest size, distance from neighbouring properties and significant landscaping between, it is not considered the proposal would result in any significant adverse impacts upon neighbouring amenities (loss of light, overbearing impact upon outlooks and/or overlooking).
• 6.2.17 Traffic generated from the proposed one bedroom dwelling is not likely to be significant or give raise to any adverse impacts through noise/general disturbances. Furthermore, the traffic generated would utilise the existing Quarry Road, which again given the size of the dwelling would not be significant and as the occupants of the new dwelling would only been needing to utilise a short length of the overall length of the Quarry Road (straight in nature with good visibility) to allow access onto the Sulby Glen Road (approx. 130m); it is not considered the additional traffic or use of the site as a dwelling would be incompatible with adjoining established uses.
• 6.2.18 It should be noted that Quarry Road is not an adopted highway and it appears from the representations that a number of landowners have rights of access, although the applicants do own it. Comments have also been raised that a new dwelling will increase traffic and therefore issues over maintenance. All these matters are civil matters relating to ownership and legal rights and are not material planning matters which can be considered, albeit the concerns/issues highlighted are understandable and reasonable to make.
• 6.2.19 Finally, Housing Policy 11 requires that the building is or can be provided with satisfactory services without unreasonable public expenditure. The site is adjacent to existing residential properties which all the necessary services. It is considered that it is not unreasonable to consider that the applicants will be able to connect to existing services for this site; albeit at the applicant's cost. Therefore the proposal complies with this aspect of Housing Policy 11.

6.3 Potential impacts upon the countryside/landscape (EP1 & 2);

• 6.3.1 Given the sites position within the countryside and designation, the development proposed needs to ensure it would not adversely affect the countryside nor harm the character and quality of the landscape.
• 6.3.2 The application site is located approximately 60m west of the public highway the Sulby Glen Road. Views of the site from the Glen Road are screened significantly, given existing building development and landscaping between the mill and the highway. A public footpath exists to the south of the site which starts at the Sulby Glen Road and runs in a south westerly direction within the Ballacuberagh Plantation. Where views of the mill may be apparent, they are namely of the rear elevation (south) of the barn, which would be mainly unaffected by the development. Having said this, the design of the proposal and the scale of the works, it is considered acceptable and would sit well within the site and the landscape it sites within.

• 6.3.3 Works to the Quarry Road and existing access onto the Sulby Glen Road are unaffected by the development. The reinstatement of the original lane from the Quarry Road to the Mill will require a cellular matting system for tree protection purposes, a slight realignment of the Manx wall, again to direct the lane around an existing mature tree and this would be finished in a permeable gravel finish. This element of the works will not be publically visible; although given it is reinstating an existing lane and is considered to being undertaken in a sensitive manner, there are no concerns with these works.
• 6.3.4 Overall, it is considered the proposed works would not adversely affect the countryside or harm the character and quality of the landscape and therefore comply with EP 1 & 2.

6.4 Flooding matters (EP 14);

• 6.4.1 Firstly, it needs to be highlighted that the mill building is not within a flood risk area. The land to the south (watercourse is in place which feeds into the Sulby River to the east) of the mill building is within a high flood risk; however, no works are proposed in this location.
• 6.4.2 The applicants agent have indicated that (drawing number 22 1702/11); "…shows some Flood Risk Mitigation even though the site is not in a flood zone and mitigation is not actually required.".
• 6.4.3 Flood mitigation measures include tanking of the existing building and flood barriers around the new extension. It would appear the applicants are taking a cautionary approach, given the land where the existing mill building is, the extension and access road are all outside a high flood risk zone.
• 6.4.4 Further the applicants who lived at Ballacuberagh until recently have indicated;

"Flooding seems to be a recurring theme. In the time we have owned Ballacuberagh, we have witnessed the stream in spate on a number of occasions, and there has never been any possibility of it breaching its banks and flooding the mill. The mill building is well clear of the stream.

The mill is situated in a steep sided valley, and there is certainly some surface water in times of heavy downpours, but nothing that can't or isn't already mitigated with surface drains. The commentary from the new owners of Ballacuberagh Cottage about flood risk is fanciful to say the least. They only stand to benefit from the redevelopment of the mill, as any surface water mitigation required for the mill would de facto benefit them too".

I have discussed the comments raised by the FRMD with the applicant and we are happy to have the tourist part of the proposal removed and the proposed dwelling to be utilised as a permanent dwelling only. We are happy with this being dealt with as a means of a condition of approval…".

• 6.4.5 The Flood Risk Team have indicated they would not object to the application subject to a condition being attached which restricts the building use to permanent residential and not tourist use. The applicants have agreed to this request and therefore the proposal is only for a permanent dwelling.
• 6.4.6 It should be noted no works are proposed to the adjacent watercourse.
• 6.4.7 Accordingly, for these reasons it is not considered the proposal would result in an unacceptable risk from flooding, either on or off-site, and therefore comply with EP13.

6.5 Access arrangements/parking (GP2 & TP 4 & 7)

• 6.5.1 As outlined the occupants of the new dwelling would be utilising the existing access onto the Sulby Glen Road and Quarry Road. In terms of visibility splays from the Quarry Road

• onto the Sulby Glen Road good visibility would be had in both directions having a 2.4m setback, splays of 77m and 153m respectively can be achieved. Highway Services have confirmed this and raise no objection.
• 6.5.2 Two off road parking space can be provided within the site and turning provision. This would comply with the IOMSP.
• 6.5.3 Comments have been made that there is a level drop from the Quarry Road to the reinstated mill lane. This is correct, the Quarry Road adjacent to the lane has a ground level height of 44.91 whereas eleven metres back along the reinstate lane the ground level is 42.00, so there is just under 3m level difference over that length of the lane (see drawing 22 1702/TREES 02). The applicants have submitted plans indicating that the ground will be built up (require two trees being removed) to provide a sloping driveway. There are no concerns with this arrangement and will have no impact upon the users of the Quarry Road.
• 6.5.4 Overall, it is considered the traffic generated by the proposed dwelling can be accommodated within the existing highway network, without having any significant adverse impact upon highway safety for all road users and provides sufficient off road parking spaces to serve the dwelling.

6.6 Impacts upon Ecology / Trees (EP 3, 4 & 5)

• 6.6.1 The Ecosystem Policy Officer and Manx National Heritage have comment on impacts of the development namely in relation to bird nesting season and when works should be undertaken. A note/condition should be attached to indicate these. It should be noted that irrespective of whether the application is approved or not, it is an offence under the Wildlife Act damage or destroy any protected species habitats, so it is in the interest of the applicants to ensure works are undertaken at an appropriate time.
• 6.6.2 The applicant includes a tree planting scheme which includes planting 15 native trees in two groups to the west of the new dwelling.

6.7 Impacts upon neighbouring amenities (GP2).

6.7.1 This element has already been considered earlier in this report (paragraphs 6.2.16 &

• 6.2.17) and found that there would not significant impacts to warrant a refusal.

6.8 Other Matters

• 6.8.1 Comments have been received in terms of the potential impact of a Keeill. On this point the applicants agent has indicated that; "The existing Keeill will not be affected by any of the proposed works." And the applicants have commented;

"The Keeill. I have no idea where the Commissioners got this 'Mega Keeill' nonsense from. It's called 'Ballacuberagh' - 'Place of Cuthbert'. Widely believed to have been where St Cuthbert lived during his time on the Isle of Man. The application doesn't encroach on the Keeill in any way. It is completely outwith the area of the proposed development. Should we choose to run utility pipes and cables through the field that contains the Keeill, there is more than enough space to route a small conduit trench without going anywhere near the Keeill. In fact, the existing laneway to the plantation runs closer to the Keeill than any utilities would need to. That doesn't seem to have been a problem for quarry trucks rumbling past for umpty-tumpty years. Of course, we can always run the utilities up the laneway itself, which does away with any question of digging in the Keeill field at all. The Keeill is located exactly where it says 'Ballacuberagh' on the map"."

• 6.8.2 Accordingly, from the evidence provided it is considered this issue has been addressed.
• 7.0 CONCLUSION

7.1 Overall, it is considered the proposed works would not adversely affect the countryside or harm the character and quality of the landscape, have no adverse impact upon any protected species/trees, result in an unacceptable risk of flooding on or off the site; and have no significant impacts upon private or public amenities and therefore comply with HP 11 and EP 1, 2, 3, 4, 5 & 13, TP 4 & 7 and GP2 of the IOM Strategic Plan and the Residential Design Guide

1. Accordingly, the application is recommended for an approval.

- 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 18.09.2023

Signed : C BALMER Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

PLANNING COMMITTEE DECISION 18.09.2023

Application No

23/00711/B

Applicant Mr & Mrs Ewan McDonnell Proposal Proposed conversion and extension of existing Old Mill Building to create new dwelling Site Address Old Mill Building On Land Rear Of (part Fields 135090 & 134502) Ballacuberagh Cottage Sulby Glen Lezayre IM7 2BD Principal Planner Presenting Officer Mr Chris Balmer

As above

Addendum to the Officer Report

The Planning Committee approved the application with the additional condition attached;

• C 14. Prior to the commencement of any development a detailed service scheme shall be submitted which demonstrates how the new dwelling will be connected to the main electric/water mains via Quarry Lane to the Sulby Glen Road and this approved scheme shall be completed prior to the occupation of the new dwelling and retained thereafter.

Reason: to ensure adequate servicing of the dwelling and to ensure the protection of potential archaeological features within the adjacent field to the northeast of the mill building.