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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00219/B Applicant : Mr & Mrs Steve McGillicudy Proposal : Renovation and extension of former mill building to create a dwelling Site Address : Scholaby Mill Ballakilpheric Road Colby Isle Of Man IM9 4BX
Case Officer : Miss S E Corlett Photo Taken : 28.03.2018 Site Visit : 28.03.2018 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.04.2018 __
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. The residential curtilage of the converted mill shall extend only to the land on the southern side of the footpath and shall not include the mill pond nor land to the north, nor to land to the west as shown in the location plan.
Reason: to clarify the extent of the residential curtilage.
C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012, no extension to the property nor any garage or shed may be erected without planning approval.
Reason: to control the spread of development which could undermine the character of the converted property.
C 4. The car port shown as such on the approved plans must be retained for the parking of vehicles associated with the occupation of the dwelling as proposed and may not be converted to part of the living accommodation within the unit.
Reason: to clarify the extent of the approval.
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C 5. The applicant should note that bats are protected under the Wildlife Act 1990 and should any bat or bat roost be found within the building during construction, all work must cease and contact must be made with the DEFA Biodiversity Office to determine how to proceed.
Reason: to comply with Environment Policy 4 and the Wildlife Act 1990.
Plans/Drawings/Information;
This decision relates to drawings 1428.1, 1428.2 and the location plan, all received on 07.03.18.
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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 relating to planning considerations:
Manx Utilities __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NATURE OF THE PROPOSALS IN RELATION TO HOUSING POLICY 11
THE SITE 1.1 The site is a portion of an existing field located between the Scholaby and Ballakilpheric Roads to the north of the A7 between Colby and The Level, together with land in front and the mill pond to the north of the access and a strip of land which includes a public footpath, providing access to the Scholaby Road to the west. The site accommodates a former mill and access and to the south west of the mill is a mine adit and abandoned cottage which has planning permission for renovation (see below). The building on site is a former mill which has vehicular access into the building off the bridge opposite the mill pond and accesses on the eastern side together with windows. On the southern side of the building there is a one and a half storey lean-to extension. The building sits very close to the watercourse which runs to the west of the site. There are trees which are growing within the building alongside the watercourse and two more on the eastern side of the building. These are self-seeded trees growing very close to or from the walls of the building.
1.2 Building works have commenced upon the most recent planning approval in terms of the alterations and support of the mill building. The mill pond has been drained and the stream runs through it on the western side. The access to the site down to the lower area has been formed and planting is being undertaken on the banks to the west. The area to the south is currently being used for the parking of vehicles and the storage of equipment and materials but will eventually be turned into a small orchard. Support works are being undertaken in respect of the stream bank, eastern side, re-profiling the sides to make it safe (construction vehicles have been recently stuck in the bog area at the side of the stream.
1.3 The building is not visible from the Ballakilpheric Road, unlike the cottage was the subject of PA 13/00868 (refused on appeal), which is in full view from the public road and is currently painted pink.
PLANNING POLICY
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2.1 The site lies within an area designated on the Area Plan for the South, 2013 as Open Space not designated for a particular purpose. It also identifies constraints in terms of Registered Trees and a Wildlife Site.
2.2 The draft Landscape Character Appraisal indicates that the site is an area of Incised Slopes where: the overall strategy for the area is to maintain and enhance the character, quality and distinctiveness of the local built vernacular and integrity of the nucleated settlements of Port Erin, Port St. Mary and Ballagawne, the scattered traditional farm dwellings and to maintain the field pattern and semi-upland character of the upper slopes.
Key Views include extensive panoramic views from higher ground on hill slopes along coast to the Calf of Man, inland over the Scarlett Peninsula and up the Southern Uplands and Meayll Hill.
2.3 Scholaby Mill is identified in the Southern Area Plan as being worthy of consideration for Registration.
2.4 The planning policies which are considered applicable to this proposal are as follows:
Strategic Policy 1 which states: Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services.
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11)
Environment Policy 1: 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.
2.5 The site is within an area of an Area of High Landscape or Coastal Value and Scenic Significance on the Isle of Man Planning Scheme (Development Plan) Order 1982 and as such Environment Policy 2 is applicable: The present system of landscape classification of Areas of High Landscape of 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 difference 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.
2.6 Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures
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will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;
b) details of pollution and alleviation measures must be submitted;
c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and
d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."
2.7 Environment Policy 27 states: "The Department will seek to enhance the natural environment, including sites contaminated by former mine workings, along with other Government Departments, local communities, the private sector and all appropriate agencies in order to ensure the appropriate reclamation, water management planting of appropriate tree species, the management of special habitats including aquatic habitats and the removal of eyesores." This is potentially more applicable to PA 13/00868 for the mine adit and cottage site than this current application.
2.8 Housing Policy 11: "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 plans; 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 building of similar, or even identical form.
Further extension of converted buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character."
PLANNING HISTORY The mill 3.1 Planning permission was granted for the principle of conversion of the mill into a dwelling under PA 07/0359. This required, inter alia that neither dormers be inserted into the roof nor the introduction of a proliferation of additional windows. Permission was granted for the rebuilding of the lean-to annex either in the same form as it presently is or as having a gable with the ridge running back into the main body of the mill. The provisions of the Town and Country Planning (Permitted Development) Order 2005 were suspended and the application for the reserved matters was to illustrate the form of access from the Scholaby Road to the site
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either in the form of an informal gravelled driveway or hardcored track and not a concrete, paviored or tarmacadam finished driveway. The conditions also required that the application for reserved matters include a detailed report into the presence of bats within the building and a method statement into how they would be dealt with if found. Also the applicant was advised to consult the Inland Fisheries Section of Department of Agriculture, Fisheries and Forestry in respect of any work undertaken close to or within the watercourse.
3.2 Permission was subsequently sought for a different scheme of conversion - 14/00179/B. This extended the property parallel with the access by less than is presently proposed and which did not include integral car parking. This extension was 8m alongside the footpath and would have added 76 sq m in new floor area measured externally.
The cottage 3.3 Planning permission was also sought for the principle of the renovation of the cottage to the south east which was approved on appeal, PA 07/00360 and in detail under PA 08/02112.
3.4 Permission was granted for the reserved matters under PA 09/00036. This proposed minimal change to the building and no additions to the existing footprint. As far as it is known, no application was made under the Building Regulations for this work which was not commenced. This permission has now expired.
3.5 Permission was granted under 14/01451/B for an extension and glazed link, which is being implemented.
THE PROPOSAL 4.1 Proposed is the conversion of the mill to a dwelling. The scheme differs from the previous one in 2014 in that the extension is now partly higher immediately alongside the mill, stepping down to the height of the existing roadside wall for a longer length - 15m compared with 8m - than the previous extension. Instead of the metallic cladding, cedar boarding is to be used on the upper part of the extension with rendered walling below. The extension accommodates integral garaging and the windows, instead of timber framed and sliding sashes, are proposed to be framed in dark grey aluminium. The round headed window immediately alongside the access road will open, giving pedestrian access to the building from here but the main access will be from the lower area where visitors can drive down to. A balcony will wrap around the extension at first floor level, bounded by a glazed screen with external pedestrian access from the side of the extension, matching that on the front of the mill in front of the conservatory which generally matches that previously approved. A 1m high stone wall will be introduced along the side of the footpath.
4.2 The scheme differs in scale from that previously approved and more of it will be visible from the access road alongside. The additional fabric previously added amounted to 76 sq m whereas now proposed is a further 231 sq m. The additional floor area results not only from a longer annex but also the inclusion of a second floor of accommodation whereas what was approved was only single storey with some accommodation above. The inclusion of parking within the building in the form of an open car port, may prevent further applications for detached or attached garaging. An existing tree at the top of the access is proposed to be removed. The works do not impinge upon the tree roots but it would be close to the extended property.
4.3 The application includes a structural report of 1st March, 2018 which refers to a survey undertaken in September, 2017. They note that draining the mill pond has removed the greatest threat to the structural stability of the building and providing a new roof over the building has ensured restraint of the walls and possibly prevented deterioration of the stonework. Re-pointing has been carried out using lime mortar and installing ties between the proposed floors and walls will further strengthen the structure.
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4.4 The report mentions that the applicant intends to further excavate the internal fill and warns against exposing the underside of the foundations of the existing walls unless with benefit of further advice. Trial holes may be required to ascertain whether underpinning is necessary to support the junction of the two storey outlet to the gable wall where there is presently a gap due to differential settlement and generally the foundations of the two storey outlet should be exposed to check their stability. It notes erosion of rock supporting the wall at the rear left hand corner of the main building and this should be inspected and support built up of this wall where necessary, possibly tying new stonework to the existing rock with stainless steel anchors in epoxy resin.
4.5 They advise that following the removal of the ivy, the walls of the building were found to be vertical and without bulges or deformations and that the arches masonry opening in the gable is to be rebuilt: it may be appropriate to introduce a tie in this to provide horizontal restraint. Comments are made about an internal oak frame and appropriate treatment or replacement of timbers affected by decay and woodworm.
4.6 The applicants explains that they fully accept that the proposal is not wholly compliant with the relevant policy but believe that when all factors are taken into account the works represent a realistic balance between preservation of the mill, the impact on the site and providing something fit for purpose in terms of a family home and financial viability and consider that the advantages of these outweigh the disadvantages. They describe the existing building as having an unusually low amount of natural light and as such, the introduction of sufficient light without compromising the character of the building, has been a challenge. This means that if the mill, without either significant extension or significant alteration, would be difficult to convert and what they have done is to design a largely open plan layout within the original mill and have the smaller rooms and those requiring light, accommodated in the extension. Also, an internal wall is to be introduced allowing light sideways into the mill. They have tried to keep the height of the extension no higher than the existing roadside wall and the use of grey coloured window frames and doors will emphasise the industrial character of the building. They have included all of the accommodation likely to be required - storage for vehicles, maintenance equipment etc, within the house rather than applying at a later date for more buildings.
4.7 They explain that one of the applicants works night shifts and on call and an integrated garage would avoid her having to exit the building in the dark to gain access to her vehicle when going to and from work. Most of the additional floor area is necessitated by the inclusion of the garage within the converted and extended structure.
4.8 They state, "in short, the applicants accept that they are asking to stray outside usual guidelines. But by doing so, a far greater proportion of the original structure is protected, the visual impact has been minimised to almost zero, no request is made for additional garages/outbuildings so eliminating risk of further dwellings, yet the proposal makes the building financially viable and fit for purposes as per the applicant's needs".
REPRESENTATIONS 5.1 Manx Utilities indicate that they have no objection to the application subject to appropriate dealings with the sewage. Whilst they recommend that a detailed operation and maintenance programme is submitted for consideration by the Planning Committee and Environmental Health Division, the operation of a wastewater treatment plant is not subject to planning control and is a matter for the Building Regulations and Environmental Health. They recommend that should the scheme affect the watercourse then consent will be required from MU Flood Risk Management and provide guidance on this (28.03.18). For clarification, the scheme proposes no work to the water course.
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5.2 Highway Services advise that the proposal is to renovate and extend an existing former mill building to create a dwelling. It is currently under construction following a 2014 planning approval but the current proposal seeks further changes and is to include a new car port. The proposal would retain the existing site access arrangements. The proposed car port could accommodate 2 parked cars and there is further hardstanding on the site for the additional parking of vehicles and on-site turning manoeuvres. This is sufficient and complies with the parking standards in 'The Isle of Man Strategic Plan 2016' which require 2 spaces for a dwelling. The development should not cause any new highway issues and is therefore considered to be acceptable.
Highway Services does not oppose the application (06.04.18).
5.3 Inland Fisheries Division of DEFA sought the completion of the Development Within 9m of a Watercourse form (29.03.18). Following this, they advise that the proposal is acceptable provided that there is no disturbance to the watercourse - ie no works are carried out that would disturb the banks or bed of the stream and if such is proposed the applicant should consult DEFA to establish methods of work agreed in advance (13.04.18).
5.4 The Senior Biodiversity Officer advised that he previously sought a bat report for the building but does not recollect seeing this and that if no such report had been provided then one should, in accordance with BS42020 (06.04.18).
5.5 On inspection of 14/00179/B, no submission was made by DEFA Biodiversity Office and as such, no bat report was sought. Following that approval, work commenced and the mill has been worked upon such that if there were any bats, they would have been disturbed. No report of any such species has been made. A condition could however, be added to advise those working on the site of the provisions of the Wildlife Act 1990.
5.6 No response has been received from Rushen Parish Commissioners.
ASSESSMENT 6.1 The important considerations in this case are the impacts of the proposed conversion on the appearance and character of the property. As the building has been identified as being of sufficient architectural and historical interest to warrant consideration for Registration, it is important to consider these elements in the interests of the building itself, not just the impact from a public perspective. It is also relevant that permission has been granted relatively recently for the conversion, albeit in a different form. As such, and as the building would not appear to have deteriorated significantly since then and there was a structural report included in the most recent application, which indicates that the building appears to be sound, it is recommended that the building remains suitable for conversion under the terms of Housing Policy 11.
6.2 It is important that the residential curtilage is defined such that it includes only the area where residential use and potentially domestic type development would be acceptable and in this respect, the land to the north including the former mill pond should not be included in the residential curtilage and a condition can and should be attached to this effect.
6.3 The critical issues therefore are whether the scheme preserves and respects the character of the existing building whilst accommodating a new and different use and importantly, whether the extensions are consider modest and subordinate and whether they respect the character and appearance of the building. In this respect, whilst the use of different materials in the extension could be considered to be different, and therefore inconsistent with the rest of the building, it is recommended that the contrast is actually a positive element which preserves more or less intact the original building and does not try to make it appear as if what is proposed has always been on site in this form. The building has a certain industrial character in
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terms of appearance and former function and as such, the use of dark grey cladding is considered appropriate and acceptable.
6.4 The changes to the extension have resulted in the extension being larger than was previously proposed and parts of it will be visible above the footpath. It cannot be considered as modest. Nor can it be describing as continuing or mimicking the existing character and appearance of the building. However, what is proposed is considered to be complimentary to the existing, different enough to retain the visual impact of the original building but sympathetic enough to sit comfortably beside it and as such, does respect the character and appearance of the existing building. The remainder of the lower section will be visible from the footpath but will not rise above it and one will have to look down to appreciate it. This impact is considered acceptable, despite the proportions and size of the additions not strictly being "modest" in area: their height relative to that of the mill result in the extensions being visually subordinate and less dominant, in conformity with the intentions of the policy.
6.5 The proposals for the remainder of the building - including the treatment of the southern elevation and the construction of the sunroom on top of the southern annex is considered to be imaginative and responds well to the need to preserve the character of the building whilst providing an acceptable modern living environment. These elements are not significantly different from what was approved.
6.6 The means of access was originally shown as being from the Scholaby Road. However, there was nothing preventing the owner from using the track across the top of the site to gain access to and from the Ballakilpheric Road. Both roads are narrow country roads and neither is ideal for the accommodation of a significant amount of additional traffic. It was previously considered that the traffic from this converted mill, plus that from the cottage, which is very modest in area, would be sufficiently low in level to be accommodated satisfactorily by either route. In practice, traffic from both sites is using the access to the Ballakilpheric Road, the lane having been repaired recently in conjunction with the developers, but the character of the lane
Summary 6.8 The building is an important and interesting one which has been the subject of an approval to convert to living accommodation and is of acknowledged interest historically. There is no objection to the principle of the renovation and conversion of the building to living accommodation and its continued neglect is not welcomed. However, the way in which it should be converted should be sensitive to the character and simple form of the existing building and should accommodate the need for access and car parking as subtly as possible. It is considered that the proposals represent a sensitive approach and will result in an appropriate and imaginative refurbishment of a building in the public eye.
CONCLUSION 7.1 The application is supported, despite it not complying completely with the requirements of Housing Policy 11 in respect of the size and finish of the proposed extensions.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent;
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(b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The decision-maker must determine:
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.
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ...Permitted.. Committee Meeting Date:...09.05.2018
Signed :...J SINGLETON... 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
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