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23/00717/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00717/B Applicant : Mr & Mrs Garry Christian Proposal : Conversion refurbishment and extension of redundant building to create a dwelling Site Address : Springwaters Farm Ballamodha Straight Ballamodha Ballasalla Isle Of Man IM9 3AZ
Senior Planning Officer: Mr Jason Singleton Photo Taken : Site Visit : 19.09.2023 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 28.09.2023 __
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. The extensions and alterations to the existing building hereby approved shall not be occupied at any time other than for purposes incidental to the enjoyment of the residential use of the dwellinghouse, also known as 'Springwaters Farm', and shall not be separated, sold off or occupied as an independent dwelling unit.
Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.
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 development shall be undertaken under the following classes of Schedule 1 of the Order at any time: Class 13 - Greenhouses and polytunnels Class 14 - Extension of dwellinghouse Class 15 - Garden sheds and summer-houses Class 16 - Fences, walls and gates
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Class 17 - Private garages and car ports Class 18 - Domestic Fuel storage tanks Class 19 - Replacement of waste water treatment system Class 21 - Erection of decking Class 22 - Solar Panels Class 23 - Heat Pumps Class 23A - Air Source Heat Pumps
Reason: To control future development on the site.
C 4. The development works hereby approved shall be carried out in full accordance with the approved drawings and approved structural reports.
Reason: The proposed works have been considered on an exceptional basis against Housing Policy 11 and 13 and that the original structure is to be retained.
N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
Plans/Drawings/Information; This decision relates to drawings submitted on 21 June 2023, referenced; 1655.10 & 1655.11 __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 SITE 1.1 The application site is within the curtilage of Springwaters Farm, Ballamodha Straight, Ballasalla. The property in question is an existing building outbuilding (approx. 15m NE of the main dwelling house) that is three conjoined structurers that presents as single storey buildings, that are a pair of back to back garages attached to a traditionally built stone constructed outbuilding currently used for storage. The outbuilding is water tight and roofed with slate material with fenestration openings on the south elevation. To the north elevation is a stone walled (matching stone) area approx. 1.6m high, presumably once a sheep pen as there is only one narrow opening on the east elevation.
1.2 This building is immediately adjacent (to the south) of an existing cottage that has an application for conversion to ancillary accommodation under ref; 23/00580/B - Extensions and alterations to dwelling. (pending consideration at the time of writing)
1.3 Access to the site is from an existing concrete track that serves all three properties with the main farm house sitting to the west and the existing outbuildings.
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2.0 PROPOSAL 2.1 Proposed is the creation of a residential dwelling through a series of alterations to the existing structure and the erection of two single storey extensions, one to the north (5m x 4.5m) and another to the west elevation (4.3m x 4.7m), both built forms would feature pitched Spanish slate tiled roofs with the walls cladded in composite cladding panels to match the cladding of the areas of the adjacent farm house. These built forms would allow for the creation of a bedroom a separate bathroom and a lounge, with in the existing buildings incorporating a bedroom and kitchen.
2.2 The following methodology and calculus for the scheme generates the following; Existing Tholtan floor area is: 49sq.m (9m x 5.4m) The stone ruin (to north) is 5.0m wide x 6.6m long x 1.6 high. Proposed bedroom extension (to North) is: 22sq.m Proposed Lounge extension (to the west) is: 20sq.m Total floor area of proposed dwelling once complete is: 91sq m Therefore, with the additional extensions, this equates to 89% increase of the original building floor area. (44sqm / 49sqm x 100= 89.7%)
2.3 The application is accompanied with a structural engineer's survey that notes; "The existing structure up for development consists of an original single story stone cottage, with a relatively new block garage built off the west gable. The exact age of the original stone cottage is unknown but is likely well over 150years given the construction type. The stone walls are approx. 600mm thick and built from locally sourced 'Stoney Mountain' yellow granite. The garages and lean-to shed are built from modern concrete blockwork and prefab roof trusses. The site slopes west to east, with the original cottage stepped lower than the higher garage section"... The report concludes; "Upon review, structurally there are no major concerns to utilise the existing building walls in order to renovate the outbuildings of Springwaters, Ballamodha. The exact scope of structural work cannot be fully defined until the final planning drawings are completed. That said, typical structural remedial work may include.
3.0 DEPARTMENT POLICIES 3.1 In terms of local plan policy, the application site lies within an area on the Area Plan for the South (2013) as not for any particular use and is further identified on the;
o Constraints (Map 1) - White land o Landscape Assessment Area (Map 2) - Incised Inland Slopes
3.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;
Spatial Policy 5 Building in defined settlements or GP3
General Policy 2 General Development Considerations 3 Exceptions to development in the countryside
Environment Policy 1 Protection of the countryside 2 Protection of the character of AHLV
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Housing Policy 11 Conversion of existing rural buildings into dwellings
3.3 Paragraph 8.10 - Conversion of Rural Buildings to Dwellings
3.4 Residential Design Guide (2021) This document provides detailed advice including sustainable development and climate change resilience, design of new houses and extensions to existing residential properties as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
3.5 Planning circular 3/91 - Guide to the design of residential development in the countryside. This document gives guidance that sets down some basic principles to design and construct residential dwellings in the countryside. This forms a constructive approach to protecting the quality of the countryside and the conservation of existing rural buildings and sympathetic methods of extending.
4.0 PLANNING HISTORY 4.1 13/00918/A - Approval in principle for erection of a dwelling and equestrian centre. Approved. 15/00785/B - Variation of condition 2 of PA 13/00918/A Approval in principle for erection of a dwelling and equestrian centre to extend the period of permission by two years. Approved.
5.0 REPRESENTATIONS 5.1 Malew Commissioners (27/07/23) - Refers to HP4 and could be contrary but not sure if its HP11 from the information provided. 5.2 Highway Services (03/07/23) - No objection 5.3 DEFA Biodiversity (11/07/23) - Sought confirmation for any roosting birds or bats in the roof space. 5.4 DEFA EPU (11/07/23) - seeks clarity on the effluent discharge and whether this would contaminate a water course.
6.0 ASSESSMENT
6.1 Principle The site falls outside of a defined settlement boundary and sits within the open countryside that is not designated for residential development. However, there is an existing building on site that is intact and whilst it's not exactly clear as to its former use, whether that was a dwelling house or store building associated with the farm, there are exceptions found within GP3b/d and then linking through to the housing policies for the conversion of existing buildings into dwellings within the countryside, provided such additions are of a high quality design, would not detract from the character and appearance of the countryside, nor increase the overall visual impact of the resultant dwelling in the context of the public realm. In this instance, it would be prevalent to focus on HP11 and HP13.
6.2 When assessed against the current policies of the Strategic plan, mainly HP11 & HP13 the main emphasis is on the visual impact of the proposals and whether there would be any adverse impact upon the countryside (Ep1) as assessed below. The broad principle of renovations to an existing property and extending is acceptable if found to accord with HP11 & HP13
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6.3 In terms of planning policy there is a long established presumption against new residential development in the countryside. General Policy 3(b), and Housing Policy 11 all provide for the conversion of buildings within the countryside subject to various caveats, including that the building is redundant and of architectural, historic or social value.
6.4 When considering HP11 and the conversion of the remaining fabric of the building, which precludes the rebuilding of ruins or the erection of a replacement dwelling of similar or even identical form. In this case, there is an existing structure on site that has been assessed by a competent structural engineer whom are of the professional opinion the building can be converted and specify a number of works that would be needed, as noted in para 2.4 of this report.
6.5 When cross referencing the proposal with HP11 and the sequential test the following is summarised,
(a) It is clear from the survey and the site visit that the building is redundant from its original use in that it cannot be habited and is boarder line ruinous within the setting of the existing farm buildings.
(b) The building appears to be intact with 4 stone walls standing with a pitch tiled roof. The structural survey confirms the existing fabric of the building can be sympathetically restored and the agent's detailed drawings theoretically demonstrate how this can be achieved by using the existing openings, repairing and repointing the existing walls and general reinstatement. For clarity the proposal does not seek to demolish any part of the existing fabric of the building only restore and to create an opening in the north and west elevation to link to the proposed extensions. The external ruined wall (dry laid stone) is to be removed to allow for the northern extension.
(c) The building is being retained with very little intervention to the exterior fabric,(other than noted above) which helps to preserve the historic character and its appearance within the rural landscape amongst the existing buildings.
(d) The floor plan shows the layout of the existing building would provide two bedrooms and a bathroom with an extension to the west to provide a lounge. This would be large enough to accommodate the usual room arrangement for a dwelling, with cooking and bathroom facilities, sleeping, dining and living accommodation with the overall dimensions of proposed floor area.
(e). The proposal for residential use not would be at odds with the character of the area given the proximity of dwellings located in the immediate vicinity and would be read within the rural context of the immediate landscape where there are existing dwellings present.
(f). Whilst there is no doubt the building can be connected to electric, telecom, private drainage via the existing septic tank and drinking water given the existing provisions in the area and to the main dwelling house.
6.6 On the whole it is considered this aspect could satisfy the main test under HP11 for development in the countryside to re-establish the original appearance of the building but in a slightly more modern appearance that would be complementary to the surrounding two buildings (farm house and cottage).
6.7 In terms of HP13(a), the material test, somewhat echoes HP11 where this policy (HP13) seeks there are still three walls up to eaves level and the remainder of the building appearing structurally capable of being retained (reinforced with the comments from the Structural engineers report). The presence of the building and its roof intact would comply with this aspect of Hp13 for substantially intact and given the support from the Structural engineers report would be capable of being retained which is further welcomed.
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6.8 The next aspect (b) is to consider is there is an existing, usable track from the highway. As indicated, the proposal is adjacent to an internal track (not publically adoptable) that serves the wider farm and two other dwellings on this site within the same ownership. It is not uncommon on the island for rural dwellings to share an access off the highway with agricultural users and would be acceptable. It is further noted the accommodation is proposed to be ancillary to the dwelling house and can be conditioned as such.
6.9 The last section (c) of the policy requires there to be a supply of fresh potable water and of electricity can be made available from existing services within the highway. Given the applicants land ownership, theoretically this property, if not already, could be connected onto their own supply feed within their ownership.
6.10 The last aspect of the policy to consider, is arguable the aspect which is the most contentious. The policy indicates that extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building i.e. in terms of floor space measured externally, the extension measures less than 50% of that of the original. The proposed extensions would be increasing the floor area beyond the 50% but is broken down into two separate built forms. The proposed extensions would also be fairly modest extensions and single storey. In terms of accommodation, the extension provides the usual habitable layout and provisions to make the scheme viable/useable.
6.11 On balance, an exception through HP11 and 13 could be found and the proposal could theoretically demonstrate how this can be achieved to form a satisfactory dwelling in the country side through sympathetic restoration of the existing fabric of the building and subordinate extension.
(iii) Visual impact 6.12 The existing structure has been abandoned for many years; its physical remains being a reflection of agricultural and social change across the Island, often such features in the rural landscape are not unacceptable in their present and or ruinous state. In the case of this application there is information that suggests the building is of historic interest to warrant its retention and sensitive development in order to convert it into a habitable dwelling in its original state and in seeking to continue to positively contribute to the Islands built heritage.
6.13 In this case, the proposal is seeking to utilise an existing structure and bring it into a habitable use preserving the character and appearance and would be considered to have no detrimental impact on this part of the countryside given the existence of the building and would be more aligned with the principles of Planning Circular 3/91 - Guide to the design of residential development in the countryside which is still the adopted guidance for such design approaches.
6.14 The two extensions will only partially be apparent when driving into the site and not from any public vantage position; given it design, siting to the side (east) and rear (north); and the appearance or finishes to complement the adjacent cottage and farm house, ensures any impact is limited and in keeping with the existing structure and its appearance. However, any views (If achievable from across the valley) will be within a collection of other buildings surrounded by mature trees. This design here would likely ensure the extensions would not become the dominating feature, and could appear subordinate to the original building and therefore considered to be acceptable from a visual impact perspective.
6.15 On balance the proposal would have a visual impact but given the broad acceptance though GP3, HP11 & 13 for the formation of a dwelling and the existing building on site any adverse impact on the countryside would not be detrimental to warrant refusal in accordance with Ep1 and GP2b,c.
(iv) Neighbouring Amenities
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6.16 In terms of the nearest neighbour and any adverse impact, it is pertinent to assess this against the nearest neighbour to the site, however given the remoteness and detached nature of the property there are no immediate neighbours whose general amenity would be affected by the proposals.
6.17 Given the close proximity of this building to that of the principle dwelling house and the cottage opposite it would be appropriate to link this (through a condition) to the main dwelling house as ancillary use for short or long term lets in as opposed to being severed from the principle dwelling in its ownership which could then create adverse issues on living conditions given the closeness of these buildings. On balance, these aspects would be considered to be compliant with those sections of General Policy 2(g).
7.0 CONCLUSION 7.1 The application has been assessed against those aforementioned planning policies and would be recommend for approval subject to a number of planning conditions.
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. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 02.10.2023
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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