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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00389/B Applicant : Mr David Manser Proposal : Conversion of barn to provide tourist living accommodation Site Address : Barn Adjacent Struan Thie Sulby Glen Sulby Isle Of Man IM7 2BD
Planning Officer: Mrs Vanessa Porter Photo Taken : Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.07.2020 __
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 barn conversion hereby approved shall be used only for family and friends of those occupying the main dwelling or as tourist accommodation. The building shall not be 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. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. 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 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 extension, enlargement or other alteration of the dwelling(s) hereby
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approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C 5. The development shall not be occupied or operated until the secure and covered bicycle storage has been provided to the Department and approved in writing. The secure and covered bicycle storage shall be retained and available at all times thereafter.
Reason: To promote sustainable travel in the interests of reducing pollution and congestion.
C 6. The walls and vegetation which is situated within the visibility splay shown on drawing no.20 1382 04, shall be reduced to a height of 1m and the splay shall thereafter be maintained at this height and free from any obstruction exceeding 1.05m above the level of the adjacent highway carriageway
Reason: For the interests of highway safety
N 1. It is recommended that the applicant contact DEFA Inland Fisheries with the regards to any impact on the ecology of the nearby Sulby River.
N 2. Please note the following regarding nesting birds,
All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.
The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds.
The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins.
Thorough checks for birds, their active nests and eggs should be undertaken prior to clearance of vegetation. If a nest is discovered while work is being undertaken, all work must stop and advice sought from the Ecosystem Policy Team, DEFA.
N 3. If at any point during the works items are found that indicate the barn could have been a previous mill or if the location of any former or existing openings for mill machinery are found they should be carefully recorded with Manx National Heritage being informed.
This application has been recommended for approval for the following reason. The proposed barn alterations and conversion to tourist to comply with Strategic Policy 1, General Policy 3, Environment Policy 1, 2, 16 & 22, Housing Policy 11, Business Policy 11, 12 & 14 and Transport Policy 7.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 8th April 2020: o Drawing No. 20 138 01
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o Drawing No. 20 138 02 o Drawing No. 20 138 03 o Drawing No. 20 138 04 o Measured Survey
This decision also relates to the photographs of the interior received on the 26th June 2020 and the subsequent bat survey received on the 1st July 2020 __
Interested Person Status - Additional Persons
It is recommended that Manx National Heritage should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE LOCAL AUTHORITY HAVE OBJECTED BUT IT IS RECOMMENDED FOR APPROVAL.
THE APPLICATION SITE
1.1 The site defined in red is part of the larger site of "Struan Thie," Sulby Glen which is situated to the western side of the Tholt-y-Will road to the south of Sulby and immediately to the south of the water treatment works.
1.2 The barns which are the subject of this application are situated to the north west of the site and are situated at a lower level that the house and the A14 main roadway.
1.3 Currently at the moment the site is separated into three stores two to ground floor level and one to the first floor level. The store room on the lower level closest to the roadway has a door with a bay window and also has a large covered opening to the north west elevation. The next storage area has a doorway and window situated to the north west elevation and two windows situated to the north east elevation. The storage area to the first floor level is situated to the northern end of both ground floor storage areas and can only be accessed from a doorway on the south east elevation.
1.4 To the lower ground level of the storage units is set in Manx stone with the first floor level being rendered and painted. Both levels have a tin roof.
1.5 To the north of the barn is a small store room which is set in Manx stone and has a tin roof.
THE PROPOSAL
2.1 The current application seeks approval to convert the existing storage barn into a one bedroomed tourist unit. This will include the following alterations, o Conversion of the front bay window and garage door into two bi-folding doors measuring 3.1m by 2m and 3.1m by 1.8m o Replacement roof from the existing roof sheets to black/dark grey marley profile 6 corrugated sheeting or natural blue/dark grey roof slate. o Replacement of gutters with black/dark grey gutters and downpipes o Existing stone wall to be made good and re-pointed where needed o Existing render to be removed and repointed with lime render o Replacement windows and doors to be black/dark grey glazed units.
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o Installation of two rooflights measuring 1.1m by 1.2m situated to the side of the roof facing "Struan Thie."
2.2 To the outside area there is to be decking and a patio with two specific parking areas being available to provide 3 parking spaces.
2.3 Access to the site is from the main entrance into "Struan Thie."
PLANNING HISTORY
3.1 There are several applications on the site of which the most relevant would be PA90/01258/A which was for "Approval in principle for change of use from garage/workshop to domestic, Struan Thie, Sulby Glen, Lezayre," and was Refused.
PLANNING POLICY
4.1 The site lies within an area zoned as not designated for development and as an "Area of High Landscape or Coastal Value and Scenic Significance" on the 1982 Development Plan.
4.2 Within the draft Landscape Character Assessment the site lies within an area of Narrow Upland Glen where the following advice is available:
"4.3 Type B: Narrow Upland Glens The overall strategy for the protection and enhancement of the Narrow Upland Glens Landscape Character Type is to conserve and enhance: the distinctive well-wooded character of the glens; the distinctive field patterns on lower valley sides, defined by Manx hedgerows with mature trees; the pattern of winding roads, enclosed by sod banks, with small fords and bridges across water courses; the remote, tranquil, and unsettled character; and the various visible cultural heritage features, such as scattered abandoned mines. Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:- (a) Housing and business development would be out of place on the visually-sensitive upper slopes of the Narrow Upland Glens; (b) Care should be taken to ensure that any new development that is deemed necessary reflects local building materials and styles; is of an appropriate scale and relates well to existing buildings; and is well integrated with the surrounding landscape through sensitive siting and appropriate screen planting; (c) Linear development along road corridors which extends urban influences into the wider undeveloped countryside should be avoided; (d) New tourist or recreation development and related infrastructure, such as car parks and litter bins, should be sensitively designed and "low key" in nature; (e) Care should be taken to minimise visual clutter of highways infrastructure and signage on the steep, winding rural roads within Narrow Upland Glens; (f) New river crossings should respect the traditional scale and materials of existing historic bridges; (g) Vertical telecommunications masts or structures should be avoided on the upper slopes, since they would create visual clutter, affect open skylines, and/or detract from views from Narrow Upland Glens towards adjacent Landscape Character Types."
4.3 Given the nature of the application it is appropriate to consider Strategic Policy 1, General Policy 3, Environment Policy 1, 2, 16 & 22, Housing Policy 11, Business Policy 11, 12 & 14 and Transport Policy 7.
4.4 Strategic Policy 1 of the Isle of Man Strategic Plan 2016 states, "Development should make the best use of resources by:
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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."
4.5 General Policy 3 of the Isle of Man Strategic Plan 2016 states, "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: a) Conversion of redundant rural buildings which are of architectural, historic, or social value and interest. (Housing Policy 11)
4.6 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 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".
4.7 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."
4.8 Environment Policy 16 of the Isle of Man Strategic Plan 16 states, "The use of existing rural buildings for new purposes such as tourist or small-scale industrial/commercial use may be permitted where; a) It is demonstrated that the building is no longer required for its original purpose and where the building is substantially intact and structurally capable of renovation. b) The reuse of the building will result in the preservation of fabric which is of historic, architectural, or social interest or is otherwise of visual attraction. c) It is demonstrated that the building could accommodate the new use without requiring extension or adverse change to appearance or character; d) There would not be unacceptable implications in terms of traffic generation; e) 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 f) The use of existing buildings involves significant levels of redevelopment to accommodate the new use, 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.
4.9 Environment Policy 22 of the Isle of Man Strategic Plan 2016 states, "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."
4.10 Housing Policy 11 of the Isle of Man Strategic Plan 2016, "Conversion of existing rural buildings into dwellings may be permitted, but only where:
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(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."
4.11 Business Policy 11 of the Isle of Man Strategic Plan 2016, "Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted."
4.12 Business Policy 12 of the Isle of Man Strategic Plan 2016, "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."
4.13 Business Policy 14 of the Isle of Man Strategic Plan 2016 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. Other forms of quality accommodation in rural areas will be considered, including the provision of hostels and similar accommodation suitable for walkers but must comply with General Policy 3 and Business Policies 11 and 12."
4.14 Transport Policy 7 of the Isle of Man Strategic Plan 2016 states, "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
REPRESENTATIONS
5.1 Highway services have commented on the application and have stated that "whilst the visibility is below the standard of 2.4x70m at 2.4x36m in each direction, it is maximised and is to be enhanced by the lowering of the boundary wall to a height of 1m meeting the height requirements to not exceed 1.05m. Highway services also have requested that the following conditions be attached to the application,"
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free from any obstruction exceeding 1.05m above the level of the adjacent highway carriageway. Reason: In interests of highway safety.
2)Provision of Parking and Vehicle Areas - Prior to the commencement of the use hereby permitted, the proposed on-site car parking turning shall be laid out in accordance with the approved plan. The vehicle parking areas accessed must be properly consolidated and hard surfaced and drained into the site and subsequently maintained in good working order at all times thereafter for the lifetime of the Email: [email protected] Officer: SH Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF development. Reason: To ensure that there are adequate parking facilities to serve the development which are constructed to an acceptable standard.
5.2 Lezayre Commissioners have considered the proposal and Refuse the application at a 3-2 majority and state the following, "The commissioners have concerns regarding the access and egress at this site. The site is on a narrow section of the Sulby Glen Road. Tourists would not be aware of how fast and busy this little road is at certain times of the day. Should tourist's accommodation be placed so close to a highway. We recently reported two small landslides to the DOI on the hillside opposite in this area, which we have asked to be investigated. We have concerns regarding the stability of the hillside and the trees opposite." (15.05.20)
5.3 The Department has received two comments from Manx National Heritage, firstly to comment on the possibility of birds within the barn and as such the works should be done outside the bird nesting season, to request that the applicant consults DEFA Inland Fisheries prior to works and the possibility of the barn being within a flood risk zone. The second comment received was regarding the possibility of the barn being a historic mill and that any historic features should be saved. (7.05.20)
5.3.1 A discussion with the Registered Building Officer and additional information received from the application to show photographs of the property deemed that there were no historic features which needed to be saved/ replicated. A note will be added to the application to note that if there are any mill related structural items that they be recorded for historical sake.
5.4 A comment has been received by Biodiversity requesting a bat survey and that any vegetation is cut outside of bird nesting season. (15.05.20)
5.4.1 A preliminary bat survey was carried out on the 29th June 2020 which found "no evidence of the presence of bars and that the building had little or no potential for supporting bats."
ASSESSMENT
6.1 The fundamental issues with this application which need to be assessed is the principle of the development, whether there is any impact on the countryside, whether there are any highway impacts and whether there is an impact on neighbouring amenity.
6.2 Principle
6.2.1 In the first instance the principle of the development needs to be addressed due to the structure being a barn which is situated on a site which lies in the countryside where development is restricted, in order to protect the countryside for its own sake, as such when
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assessing the principle of the development Housing Policy 11 and Business Policy 12 are most relevant.
6.2.2 From the photos provided of inside the storage barn and from the past history of the site, specifically PA94/01794/C which was for the change of use from outbuilding to sign & lettering preparation and application, which was approved, it can be seen that any previous use for the barn as agricultural is no longer there. The barn is also in good structural standing with the only alterations proposed to the barn being the removal of the bay window and garage door and the installation of two sets of bi-folding doors, with no extensions proposed.
6.2.3 As such the principle of changing the barn into a tourist accommodation is acceptable subject to the below factors.
6.3 Visual Impact
6.3.1 The barn itself is situated at a lower level than the main road which means that only parts of the dwelling can be seen from each part of the road. When coming to the property from the North West the northern part of the upper barn can be seen, with the roof and the existing garage door/ proposed bi-folding doors. When travelling from the south east the main parts which are seen are the south side of the barn and the roof.
6.3.2 Both of these vantage points will see several different aspects of the property, which when viewed with the removal of the render to part of the barn and with a new roof, will help assist the property in looking more traditional and will assist in the barn looking more attractive in the streetscene.
6.3.3 Whilst it is noted that the bi-fold doors are not a traditional feature which would be generally seen within traditional setting, within the setting here the bi-fold doors are more attractive than the current garage door and with the other alterations proposed will assist the property in looking cohesive in its environment.
6.4 Highway Impact
6.4.1 When looking at possible highway implications it is necessary to look at the comments made by both Lezayre Parish Commissioners and by the Highway Division. Lezayre Parish Commissions have stated that one of their reasons for refusal is the "access and egress at the site. The site is on a narrow section of the Sulby Glen Road. Tourists would not be aware of how fast and busy this little road is at certain times of the day." Whilst it is noted that Lezayre Parish Commissioners have stated the above the Highway Division have stated that the main road has a 30mph speed limit. The Highway Division have also not recommended refusal for the application.
6.4.2 It is noted that the Highway Division have stated that whilst the existing vehicle access is acceptable, the available visability is below the standard of 2.4m x 70x at 2.4x36m in each direction but there is the availability of reducing the vegetation on both sides of the vehicle access to 1 metre to assist in vehicles. As such a condition which states that the vegetation should be reduced to 1 metre each side and maintained in this way should be attached.
6.4.3 With regards to the parking on site, it is noted that due to where the property is situated that a lot of the traffic coming to the site would be from vehicles due to the distance of the property away from local bus routes. Whilst the proposed tourist unit is only one bedroom the applicants have supplied two separate parking areas of which one is to north of the site and one is to the east of the site. The applicants have not supplied any information on whether alternative forms of travel have been looked at but to safeguard the site for future sustainable forms of travel a condition should be attached for covered cycling parking to be available and maintained thereafter.
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6.5 Neighbouring amenity
6.5.1 When looking at the neighbouring amenity there are two points to look at firstly whether there would be any impact to the change to the barn and whether there would be any impacts on "Struan Thie" with regards to the flue to be installed.
6.5.2 Whilst the barn is separate from the main dwelling of "Struan Thie," the nearest property to the barn would be "Mount Karrin Farm" which is situated to the north west of the barn, approximately 118 metres away. Generally concern can lie in the potential to cause disruptions to the immediate neighbouring properties. Whilst it's difficult to assess how an individual person would behave whether they are a tourist or permanent resident. As a tourist, a person may be out a lot of the time, but may also have greater late nights and be disruptive on return. On the other hand, permanent residents may be at home more of the time, but be more likely to invite friends or family over for dinner or parties that may be noisy. In general terms, however, the majority of people tend to behave well and raise no concerns, although there will always be a percentage that might not, whether they are a permanent resident or otherwise.
6.5.3 There was recently an application which was approved initially but refused on appeal following an adverse recommendation from the inspection. The application, PA18/01125/B was refused for reasons relating to the appearance of the flue and the effect of its use in terms of smell and smoke nuisance, to the immediate neighbour. The inspector accepted that that flue would only be seen by those living around the site but still considered that an adverse visual impact experienced by them would breach GP2 and the RDG. He was also concerned about the emissions from the flue, regardless of the fact that it appeared to have been installed by a registered installer and that Environmental Health had visited the site and had not experienced any smoke or smell.
6.5.4 Discussions were held with the Head of Building Control and Standards within the Department indicate that in his view, the issue at Close Cowley was not with the location and installation of the flue which would appear to accord with the guidelines in the Building Regulations, but with the operation and it is possible that incorrect fuel was being used. There are procedures for this which would normally involve the installer returning to check the installation. Whilst in the Close Cowley case, the EHI visited the site it is clear that on their visit there was no smoke or smell nuisance. It would appear from the discussions with Building Control that there are both standards for flues and measures which can be taken through Building Control and Environmental Protection which can address issues should they arise.
6.5.5 In speaking to the Head of Building Control regarding the flue within this property and any possible implications due to the height of the flue and the window in the nearest elevation, the Head of Building Control has stated that there should not be an issues and in the absence of any evidence that this current proposed flue will result in harm to the living conditions of "Struan Thie", it is considered that the proposed flue is acceptable.
6.6 Possible Flooding
6.1 An issue had been raised by Manx National Heritage on the close proximity of the barn to the Sulby River and that the property is potential within a flood risk zone. When looking at Indicative Flood Map of Sulby River it can be seen that "Struan Thie" and the adjacent barn are outside of the flood risk area. Whilst the barn is outside of the flood risk area there is the possibility that ecology can be harmed in the proposed building works and as such a note will be added to consult DEFA Inland Fisheries prior to commencement.
CONCLUSION
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7.1 For the above reasons the proposal is considered to comply with Strategic Policy 1, General Policy 3, Environment Policy 1, 2, 16 & 22, Housing Policy 11, Business Policy 11, 12 & 14 and Transport Policy 7 and therefore acceptable.
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:...10.08.2020
Signed :... Ms V PORTER... 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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