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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00475/C Applicant : Mrs Beverley Wilkinson Proposal : Change of use of storage area above garage to provide living accommodation (retrospective) Site Address : The Rule Main Road Sulby Isle Of Man IM7 2HR
Planning Officer: Mr Owen Gore Photo Taken : 20.09.2018 Site Visit : 20.09.2018 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 12.11.2018 __
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. 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 new fences, gates, walls or other means of enclosure shall be erected or placed around the garage block or between the application site and the main dwelling.
Reason: To control development in the interests of the amenities of the surrounding area and avoid separation of the building from the main dwelling area.
C 3. The garage block and accommodation above, hereby approved, shall only be used in association with the main dwelling house and shall not be occupied at any time, other than for purposes either incidental to the residential use of the dwelling at 'The Rule' or as accommodation ancillary to the main dwelling. At no time shall the building or the accommodation be occupied as an independent dwelling
Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the planning unit.
N 1. For the avoidance of doubt, the applicant is advised that no permission is given for the use of the building as tourist accommodation.
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Plans/Drawings/Information;
This planning permission relates to the following plans and documents: -
Site Plan Elevations First Floor Plan Date-stamped as having been received 04 May 2018
Email from applicant dated 20 October 2018 Location Plan Date-stamped as having been received 01 November 2018 __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE AS THE CASE OFFICER IS RECOMMENDING APPROVAL AND THE LOCAL AUTHORITY HAS MADE WRITTEN REPRESENTATIONS OBJECTING TO THE APPLICATION.
THE SITE 1.1 The application site is a large dwelling to the north west of Sulby. The application building is two storeys, with a garage on the lower level and a storage room above. Both are associated with the main property at 'The Rule'. Access to the garage is from the west elevation and the first floor is accessed from a staircase on the south elevation.
1.2 The redline boundary has been shown as including the fields numbers 130419, 130422, 134808 and 134181 that all border the site, as well as fields numbers 130377, 134182, 130383, 130382, 130334, 130381, 135038, 130337 and 130338. The inclusion of these fields is considered not to be a correct representation of the residential curtilage and would effectively constitute a change in use of agricultural land into residential curtilage.
1.3 The applicant has stated in the application form that the first floor of the existing building is for storage, which is confirmed by condition 2 of the decision notice for planning permission 99/02114/B. The submitted plans (the section drawing) also show the ground floor garages as storage.
1.4 Access to the site is via rural, single lane vehicle track approx. 1km from Main Road to the entrance gates of the site; majority of this track is levelled earth with some areas of compacted, crushed aggregate and the final 340m, between Holly Bank Farm and the entrance gates of the site, is comprised of grass with tyre marks forming the path. The application building is a further 105m from the gates down a concrete driveway.
THE PROPOSAL 2.1 The application is to seek retrospective approval for the conversion of the storage space into general, ancillary living accommodation with an additional use as tourist accommodation. The submitted plans show the accommodation as including two bedrooms, a bathroom and a kitchen/living area. The submitted floor plans do not appear to be to scale, the measurements are recorded in feet and inches, and the rooms have been measured from the centre of the room; all of which means that it is difficult to determine accurate measurements. The floor
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area appears to be approx. 91.18m2, based on the property being 7.48m (24'6'') wide and 12.19m (40') long.
2.2 This is an application for change of use and therefore there are no proposed extensions or external alterations to the application building.
2.3 It is not known for how long the storage space has been used as ancillary living accommodation; however the applicant has not submitted any certificate of lawfulness to adequately demonstrate any change of use has occurred and would therefore be outside of enforcement action. The lawful planning use is therefore considered to remain as approved, a storage room.
PLANNING POLICY 3.1 The immediate site and building are shown on the 1982 Development Plan as being not zoned for any specific use and being within an Area of High Landscape or Coastal Value and Scenic Significance (AHLV's). The garage building is therefore within the open countryside.
3.2 As the proposal is for the creation of ancillary accommodation in the open countryside and is proposed to include additional use as tourist accommodation, the principle of the development needs to be considered; therefore Strategic Policy 2, Strategic Policy 10, Spatial Policy 5, General Policy 3, Environment Policy 2, Environment Policy 16, Housing Policy 4, Housing Policy 11, Business Policy 11, Business Policy 12 and Business Policy 14 are applicable to this proposal.
3.3 Strategic Policy 2 and Spatial Policy 5 indicate that development should be located primarily within existing towns and villages; Housing Policy 4 expands on this, focusing on new residential development and echoes the exceptions included in General Policy 3. Development will be permitted in the countryside only in exceptional circumstances identified in paragraph 6.3. Strategic Policy 10, states that new development should be located and designed such as to promote a more integrated transport network minimise journeys, especially by private car; make best use of public transport; and encourage pedestrian movement.
3.4 General Policy 3 is applicable to development proposals located outside of those areas which are zoned for development on the appropriate Area Plan. The policy provides a list of exceptions which include conversion of redundant rural buildings which are of architectural, historic, or social value and interest (which is linked to Housing Policy 11 in relation to new residential development and in Business Policy 12 in relation to tourist accommodation); and 'development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative...'.
3.5 Housing Policy 11 allows for the conversion of existing rural buildings into dwellings and provides the criteria where such a development will be appropriate. The key criteria that link to the principle of such a development is the redundancy for the original use and whether this can be established; and that the building is of architectural, historic, or social interest. This policy is considered to be applicable because it is linked to Business Policy 12, which states that 'permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10. - Housing Policy 11'.
3.6 Environment Policy 16 allows the use of existing rural buildings for new purposes such as tourist use may be permitted; this policy sets out a set of criteria similar to that of Housing Policy 11 such as the requirement that the building is no longer required for its original purpose; is substantially intact and structurally capable of renovation; that the proposal would preserve fabric which is of historic, architectural, or social interest; and that the building could accommodate the new use without requiring extension or adverse change to appearance or character.
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3.7 The additional requirements of Environment Policy 16 include the requirement that there would not be unacceptable implications in terms of traffic generation; that the conversion does not lead to 'dispersal of activity on such a scale as to prejudice the vitality and viability of existing town and village services'; and specific criteria regarding development that involves significant levels of redevelopment to accommodate the new use i.e. 'the benefits secured by the proposal in terms of impact on the environment and the rural economy shall outweigh the continued impact of retaining the existing buildings on site'. the policy includes the caveat that 'Proposals to convert rural buildings to residential accommodation will be considered along with the advice given at Section 8.10 of this document [Housing Policy 11]'.
3.8 Business Policy 14 states: 'Tourism development may be permitted in rural areas provided that it complies with the policies in the Plan. Farmhouse accommodation or quality self-catering units in barn conversions and making use of rural activities will be encouraged but must comply with General Policy 3 and Business Policies 11 and 12...'.
3.9 Environment Policy 1 protects the general countryside from inappropriate development and Environment Policy 2 is relevant to proposal within 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. 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.
PLANNING HISTORY 4.1 There are numerous planning permission on the site, most of which are not considered to be specifically material in the assessment of the current application. However the following planning permissions have been noted as relevant: -
o 99/02114/B - Amendments to previously approved garage/store (99/0659) - APPROVED
o 99/00659/B - Erection of replacement farmhouse and new garaging, The Rule, Sulby, Lezayre - APPROVED
REPRESENTATIONS 5.1 Representation from the Department of Infrastructure (DOI) Highways Division requests that the application be deferred, in the letter dated 06 June 2018. The comments continue: -
'It appears from the plans submitted that the existing garage below the living/tourist accommodation is used for storage and not parking. The site plan does not show any parking on the site and the location plan (drawing No. 1288/2) does not show a large enough surrounding area for the precise location of the site to be identified on google maps to establish if there is already sufficient site parking. A revised site plan is therefore needed to show if there is adequate on-site parking and turning space available for both dwellings.
There is an existing access track to the site which is approximately 4.5m wide. This width would be just wide enough to allow 2 cars to pass each other, although it is noted that the track varies in width'.
5.2 Lezayre Parish Commissioners have commented on this application and stated that they object, in the letter email 15 June 2018. The comments continue: -
'The original approval for the garage was granted under 99/02114/B, with conditions 2 on the approval stating 'the building must be used for storage purposes only; no approval is granted to the use of the building as living accommodation'. The applicant is the same owner from 1999, when permission was granted for the garage. They knew this condition existed and
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should not have converted the storage above the garage to accommodation, without first seeking permission. This application also seeks use of the accommodation for tourist. We would like to point out that The Rule is currently advertised for sale and we believe stating the garage accommodation as tourist accommodation'.
ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this proposal are the principle of the development, including the change of use and whether tourist accommodation is appropriate and its location and relation to the main dwelling; if it is appropriate for the land use zoning; and the level of impact on the countryside in general.
Principle of the development - change of use to ancillary accommodation 6.2 The main issue with the conversion of the storage space is whether the accommodation proposed would be tantamount to the creation of a new dwelling in the countryside, or can it be considered to be used as ancillary accommodation to the main dwelling house.
6.3 The application is to seek retrospective approval for the conversion of the storage space into general, ancillary living accommodation with a proposed, additional use as tourist accommodation. The original approval for the garage was granted under 99/02114/B, with condition 2, attached the approval, stating 'The building must be used for storage purposes only; no approval is granted to the use of the building as living accommodation'. At the time of visiting and as shown on the submitted plans, the accommodation includes two bedrooms, a bathroom and a kitchen/living area.
6.4 Ancillary in planning terms means that the accommodation is additional rather than complementary, it is used by and for the people of the main property, in a secondary manner and the whole planning unit (including the additional building) remains as a single unit of accommodation. The use of such accommodation, as an entirely independent property to the main property, does not fit within the recognised definition of 'ancillary'. Two tests have been used previously by this department to determine if accommodation is ancillary; the first test is of severability, and the second is an environmental impact test.
6.5 Applying the first test, consideration would be given to whether the alleged ancillary use could practically and viably operate on its own if the primary use of the premises were to cease. If it could, then the use is very unlikely to be ancillary, as there is clearly no linkage or dependency. The second test would look to any outward effects of the use, in terms of the appearance of the premises, the amenity of the surrounding area or neighbourhood traffic conditions. If it could be shown that there would be a significantly greater impact following from the introduction of the alleged ancillary activity than could reasonably be expected from the existing use, then it is unlikely that the use could be so described.
6.6 The ancillary living accommodation would be contained within a detached building with two bedrooms and the internal amenities associated with a separate residential apartment i.e. a kitchen and bathroom. The apartment itself has approx. 91.18m2 of floor space, which is above the gross internal floor area for a 2 bed, 4 person property, as recommended by the Isle of Man Design Guide - 'Affordable Housing Standards' document. The application building sits behind the main dwelling when approaching from the south, but sits on the opposite side of the driveway; however the hardstanding area in front of the application building is the only parking area that wouldn't restrict the turning circle. The application form states that there is no requirement for new services i.e. gas or electricity; utilities are thought to be obtained from the main dwelling on the site. The garages below will still serve the main dwelling and the building remains within the residential curtilage.
6.7 The second test has been considered in the sections below, taking into account the appearance of the premises and the wider impact on the surrounding countryside, and also the sustainability of the site in relation to the reliance on the use of private motor vehicles.
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6.8 In terms of the use as ancillary accommodation, the remoteness of the application site and general isolation, the siting of the building within the application site and the rural nature of the access lane leading to the property, restricts the use of the property in favour of it remaining as part of the wider site and would reduce future pressure to subdivide it from the main dwelling.
Principle of the development - use as tourist accommodation 6.9 As stated above in the policy section, the basic principle for tourist accommodation in the countryside is generally acceptable; however this is for conversions of rural buildings which are of architectural, historic, or social value and interest under General Policy 3, which is the starting point of the assessment. The criteria for such conversions are specified in Environment Policy 16 and Housing Policy 11, which are referenced in Business Policy 12.
6.10 The applicant was advised of concerns relating to the proposed tourist use and has agreed to remove this aspect from the proposal. As well as this, the applicant has agreed to amend the redline boundary on the submitted site plan to have the correct areas and amend the description, in the email dated 20 October 2018.
Character and appearance 6.16 The site is shown as being within an Area of High Landscape or Coastal Value and Scenic Significance (AHLV's) within the 1982 Development Plan. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that the development would not harm the character and quality of the landscape; or the location for the development is essential.
6.17 The ancillary accommodation has no specifically identified external space, although there is a small section of the wider garden, to the south of the garage block that is divided by a hedge. The application building is close enough to the main dwelling that use of this area would reasonably appear part of the use of the main dwelling. Being first floor accommodation and on the understanding that the garages would remain for use by the main dwelling, there would be little scope for external, domestic paraphernalia such as increased parking, washing lines, external seating and ornaments, that might impact the rural nature of the site.
6.18 On balance the change of use is unlikely to harm the rural character of this site and the Area of High Landscape or Coastal Value and Scenic Significance (AHLV's).
CONCLUSION 7.1 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings. The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents. On balance the proposal change of use is considered acceptable in accordance with the designation within the Local Area Plan and the appropriate policies within the Isle of Man Strategic Plan 2016.
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; (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:
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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 in Article 6(4) who should be given Interested Person Status. __
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: 26.11.2018
Signed : O GORE 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.
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PLANNING COMMITTEE DECISION 26.11.2018
Application No. :
18/00475/C Applicant : Mrs Beverley Wilkinson Proposal : Change of use of storage area above garage to provide living accommodation (retrospective) Site Address : The Rule Main Road Sulby Isle Of Man IM7 2HR
Planning Officer : Mr Owen Gore Presenting Officer As above
Addendum to the Officer’s Report
Committee noted that the application is retrospective and therefore condition 1 (standard four year) is not required.
Conditions of Approval
C 1. 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 new fences, gates, walls or other means of enclosure shall be erected or placed around the garage block or between the application site and the main dwelling.
Reason: To control development in the interests of the amenities of the surrounding area and avoid separation of the building from the main dwelling area.
C 2. The garage block and accommodation above, hereby approved, shall only be used in association with the main dwelling house and shall not be occupied at any time, other than for purposes either incidental to the residential use of the dwelling at 'The Rule' or as accommodation ancillary to the main dwelling. At no time shall the building or the accommodation be occupied as an independent dwelling
Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the planning unit.
N 1. For the avoidance of doubt, the applicant is advised that no permission is given for the use of the building as tourist accommodation.
Plans/Drawings/Information
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This planning permission relates to the following plans and documents: -
Site Plan Elevations First Floor Plan Date-stamped as having been received 04 May 2018
Email from applicant dated 20 October 2018 Location Plan Date-stamped as having been received 01 November 2018
Copyright in submitted documents remains with their authors. Request removal