DEC Officer Report

Applicant: Mr Darren Jamieson Proposal Temporary placement of a static home for duration of barn conversion works Site Address Ellenbrook Farm Old Castletown Road Douglas Isle Of Man IM4 1AJ Case Officer : Mrs Vanessa Porter Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 06.05.2020

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The occupation of the temporary accommodation hereby approved is limited to those associated with the implementation of the conversion works approved under 16/01150/B and the accommodation may remain occupied only until 1st January 2023 or on completion of the conversion works, whichever is the sooner.

Reason: the site is not designated for development and what is being approved is a residential unit on the site which, if retained on completion and occupation of the converted barn, would amount to a second dwelling on the site, contrary to the Strategic Plan.

• C 2. No development shall commence until details of the proposed static caravan (size and appearance) to be in situ has 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.

This application has been recommended for approval for the following reason. Whilst there is a presumption against development on this site due to the land designation, the accommodation is clearly temporary in nature and appearance and is directly associated both with a clear time frame and a development so that enforcement of a time frame would be possible. It is noted that there will be a slight impact on the landscape during the time period the static home is in place but this is outweighed by the renovation of the barn which will enhance the overall area and the view from the Manx Steam Railway

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 14th February 2020:

• o Site Plan as Proposed
• o Additional Information

This decision also relates to the pad under the static home received on the 25th April 2020 describing how the pad under the static home will be.

_______________________________________________________________ Interested Person Status – Additional Persons None

________________________________________________________________ Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED TO BE CONTRARY TO POLICIES WHICH PRESUME AGAINST THE CREATION OF NEW RESIDENTIAL ACCOMMODATION IN THE COUNTRYSIDE

THE APPLICATION SITE

1.1 The application site is land situated to the east of Ellenbrook Farm, to the north western side of Old Castletown Road. To the north west of the site itself is the Manx Steam Railway Line. - 1.2 The site has two distinct topographical areas, a grassed area to the south of the land which is essentially flat and the remainder of the site, including the access lane to the stone barn, is curved and sloping and finished in a mixture of hardstanding, loose stone and grass. - 1.3 The site where the proposed static home is to be placed is on the flat grassed area to the south of the land. This part of the site can be seen when travelling from the south of Old Castletown Road towards Douglas and the site has clear views from the Manx Steam Railway line. - 1.4 Parking for the proposed static home will be within the parking area at Ellenbrook Farm and the site will be accessed from an existing cut though between the sites. THE PROPOSAL

2.1 The current planning application seeks approval to install a temporary static home within the site for the duration of the conversion of the existing stone barn on the site (PA16/01150/B). The static home would be short-term with an estimated time period of two and a half years with the estimate that the conversion works on the existing stone barn would take two years. - 2.2 The design of the static whilst not confirmed had the rough dimensions of being 40ft in length, 13ft in width with a height of 12ft. The static home proposed will be three bedroomed with open plan lounge, kitchen, and diner. - 2.3 The water for the static home and the electricity will be run from Ellenbrook Farm while the proposed sewerage system will be connected to the septic tank proposed under PA16/01150/B. - 2.4 The static home will be set upon 4 inch layer of 20mm stones and a 4 inch layer of 40mm stones, of which the actual home will be set on railway sleepers to help distribute the weight. This type of pad is temporary and has a lifespan of 3 years.

2.5 The reasoning for the static home is that they are currently in a short term situation living with a parent residing at Ellenbrook Farm and they require a longer term situation for both themselves and their daughter. The applicants have stated that it would be "extremely difficult for us to repay a homebuilding loan, build a house as well as pay rent to live in another property. As such, we are applying to house a static caravan on-site, allowing us to have a temporary home during the build. This obviously has the added advantage of being on-location and being able to oversee and manage the building works."

PLANNING HISTORY

3.1 There are several applications on the site of which the most relevant being PA16/01150/B which was for the "Conversion of existing agricultural building into residential property," and was approved with the following recommendation.

"7.1 The scheme has been found acceptable, but has not been straightforward to assess given the number of issues raised. However, fundamentally, the conversion and extension element are judged to be very well-considered and in compliance with Housing Policy 11. It is possible to provide a safe and convenient highway access from the site with appropriate treeplanting conditions and, accordingly, the application is recommended for approval.

7.2 This recommendation is, however, subject to a number of conditions, one of which removes permitted development rights with respect to the alteration, modification or enlargement of the dwelling. This is not to say that such alterations would definitely be unacceptable but, more, that any changes would need careful consideration owing to the clear design ethos underpinning the conversion scheme hereby approved." PLANNING POLICY

4.1 The site lies within an area zoned as "Open Space (Agriculture)" on the Braddan Local Plan 1991, Map 3. When looking at the Draft Area Plan for the East the site is not designated for development but it is noted that a site around 353m away was added in at the public inquiry stage as being suitable for residential development.

4.2 The property lies within an area recognised as an Area of High Landscape Value on the Braddan Local Plan 1991, Map and the area in question is under an Area of High Landscape Value on the 1982 Development Plan. Policy 13.3 of the Braddan Local Plan states, "The Rural areas of Braddan Parish District will be designated as being of High Landscape Value. As part of this policy it is essential that the important tree groups and woodland within the parish be subject to a maintenance and management scheme which will include under planting as and when necessary." - 4.3 There are no current provisions within the Isle of Man Strategic Plan 2016 for policies which relate to temporary accommodation, though there is a reference within the Housing Policy section which states, "8.11.3 It is unlikely that permission will be given for permanent replacement of dwellings which were never intended to have a permanent residential use, such as chalets and other structures built of materials for only temporary or seasonal use." - 4.4 Whilst there are no policies regarding the temporary accommodation there are other policies within the Isle of Man Strategic Plan which are relevant to this application these are Environment Policy 1 and 2. - 4.5 Environment Policy 1 of the Isle of Man Strategic Plan 2016 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 overriding 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."
• 4.6 Environment Policy 2 of the Isle of Man Strategic Plan 2016 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."

4.7 It is also essential to assess this application under Transport Policy 3 of the Isle of Man Strategic Plan 2016 due to the close proximity of the site to the Manx Steam Railway Line. Transport Policy 3 of the Isle of Man Strategic Plan states, "New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport, or cycle/leisure footpath routes."

REPRESENTATIONS

5.1 Highway Services have considered the proposal and do not oppose the application (10.03.2020).

5.2 Braddan Parish Commissioners have considered the proposal and have no objection (06.03.2020). ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of the planning application is whether the proposed temporary accommodation would have any adverse impact on the character or appearance of the area, particularly given its close proximity to the Manx Steam Railway Line or on the living conditions of those in the neighbouring property.

6.2 When looking at the neighbouring property the applicant notes that this was within the small ownership as the land in question and also that the mains of electricity and water would be coming from the adjacent neighbour of "Ellenbrook Farm" and as such the impact on them whilst noticeable would be in keeping with what would be expected with this type of development.

6.3 There are no other neighbours near to the proposed works which would be impacted by the proposed development. - 6.4 With the proposed static home the main issue arising is from the site and its close proximity to the Manx Steam Railway and what impact the static home would have on this. - 6.5 The proposal for the static home has arisen from the need for the applicants to house themselves during the works under PA16/01150/B which was for the "Conversion of existing agricultural building into residential property." The applicants have stated that they are currently staying with a family member for a short term and cannot afford to rent during the duration of the works to PA16/01150/B, of which the suggested time period is two years. - 6.6 When looking at the previously approved application PA16/01150/B the officer made the comment of "1.4 The stone barn is set down from the highway and cannot be readily viewed from it. However, the steam railway affords extremely clear views of the barn, and it is likely that the nearby storage yard to the east, which is not particularly well-maintained, will have caught passengers' attentions such that people may well be more drawn to the stone barn

• than might be the case were it located on its own or away from other, less attractive landmarks."
• 6.7 As such it is relevant to assess whether the impact of the works to the stone barn outweigh the impact of the static home from the Manx Steam Railway. The sites topography and size are such that generally wherever you are on the site you could be seen from the Manx Steam Railway as such the location of the static caravan would not matter on the site as the impact on the Manx Steam Railway would be the same.
• 6.8 It should be noted that the Manx Steam Railway functions from March to November with around 4 to 7 journeys a day, from around 9am to 10.30pm depending on the date within the calendar year. With this in mind and going back to the previously approved application the works being done to the stone barn itself would have a substantial impact on the Manx Steam Railway due to the renovation works being done during the main days that the railway will run, of which there would be several trains going past the property.
• 6.9 As the officer under PA16/01150/B has stated it is likely that the stone barn would attract more attention whilst on the Manx Steam Railway due to the fact that at the moment the stone barn is not particularly well-maintained, the stone barn would also attract attention whilst the works are ongoing due to the interest in what is being done to the stone barn.
• 6.10 Whilst the static home will be seen from the Manx Steam Railway, the fact that the site is higher than the actual railway will limit its impact due to the stone barn being in its current state/renovated. Also add the fact that once the works have been done the barn will enhance the overall area which would then enhance that part of the Manx Steam Railway.
• 6.11 The applicants have stated that they would require that the static home be in place for two and a half years whilst the works is ongoing, this is a suitable timeframe for the works proposed on the barn and gives a direct timescale for when the static home can be expected to be on site and when the static home should be removed, as such a condition of this effect will be attached.

CONCLUSION

7.1 Whilst there is a presumption against development on this site due to the land designation, the accommodation is clearly temporary in nature and appearance and is directly associated both with a clear time frame and a development so that enforcement of a time frame would be possible. It is noted that there will be a slight impact on the landscape during the time period the static home is in place but this is outweighed by the renovation of the barn which will enhance the overall area and the view from the Manx Steam Railway. As such the application should be approved subject to a condition which limits the occupation to those associated with the implementation of the conversion works approved under 16/01150/B and for the accommodation to remain occupied until 1st January 2023 or on completion of the conversion works, whichever is the sooner. The additional period over the stated 30 month period will allow the works to commence in earnest during these uncertain times, for the owners to relocate and to accommodate any additional time needed to complete the conversion works. 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 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:…08.06.2020

Signed :………S BUTLER……….. 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 onlineservices/customers and archive records.

Planning Committee Decision 08.06.2020

Application No. : 20/00177/B Applicant : Mr Darren Jamieson Proposal : Temporary placement of a static home for duration of barn conversion works Site Address : Ellenbrook Farm Old Castletown Road Douglas Isle Of Man IM4 1AJ

Planning Officer : Mrs Vanessa Porter Presenting Officer S BUTLER

Addendum to the Officer’s Report

Approved subject to inclusion of a condition to clarify the timeframe for a requirement for the removal of the static home.

1. If the use of the static home hereby approved ceases for period exceeding 6 months, the building and any supporting base shall be removed and the ground restored to its former condition within 3 months of the date of the cessation, unless a time is otherwise approved in writing by the Department.

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