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Application No.: 17/00709/B Applicant: Mrs Fiona Barker Proposal: Variation of condition one of PA 15/00516/REM, for the erection of a building to provide garage, recreation room and tourist accommodation, to extend the period of approval by one year Site Address: Kionslieu Farm Kionslieu Hill Foxdale Isle Of Man IM4 3HB Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation
Officer’s Report THE SITE
1.1 The site is the farmyard of Kionslieu Farm together with two fields between the farm buildings and the public highway to the west. The applicant also owns land to the east of the public highway surrounding the farm buildings. The farmyard contains a number of farm buildings - a dwelling, older, traditional farm buildings and a more modern barn to the north of the group. One of these buildings, a barn situated towards the south eastern corner of the site, has planning approval in principle for redevelopment to provide living accommodation, granted on appeal under PA 12/00947/A. It is this building which was the subject of a reserved matters application, 15/00516/REM which was submitted on 12th May, 2015 and approved on 20th July, 2015. THE PROPOSAL - 2.1 This current application seeks an extension of the period of consent of the reserved matters application, effectively extending the period in which the approval can be implemented, until 20th July, 2018. The approval in principle required that the application for approval of the reserved matters be submitted within two years of the date of that approval (it was submitted the day before the expiry of that period) and that the development be commenced within either four years of the date of the approval in principle (effectively before 13th May, 2017) or two years of the approval of the last of the reserved matters, whichever is the later: in this case the approval of the reserved matters affords a time limit which is later. The applicant has suffered close personal loss which has prevented her from being in a position to implement the approval.
2.2 The reserved matters details intend to accord with the conditions of the approval in principle which did not require anything particular over and above the standard time-related and procedural requirements. As submitted originally the plans included a patio area which extended into the field to the east which took the proposed development outwith the area defined in the approval in principle. This has been amended to remove the patio and the proposal is now contained within the area shown in the approval in principle. - 2.3 The application proposes the demolition of the existing building and its replacement with a building which has a footprint 15.3m by 5.8m with a small end and front extension. The building will be 5.6m tall at its highest point. The existing building is 14.2 by 4.8m and 5.7m high at its tallest point. The building is relatively plain with a small porch on the western elevation.
2.4 The landscaping which was required as part of the reserved matters is simply shown as "soft landscaping" in front of the existing and proposed buildings. Whilst some further detail may have been useful, in this case, the simplest approach to landscaping may be the most appropriate, not hiding the building. The landscaping is not publicly visible. - 2.5 Whilst the term "ancillary living accommodation" was referred to in the description of the application in principle, the decision issued at appeal clearly indicates that accommodation is ancillary to the overall complex which includes residential and holiday accommodation and what was approved included tourist accommodation use as well as that ancillary to the existing residential accommodation on the site.
3.1 The site lies within an area not designated for development on the Foxdale Local Plan of 1999 and as such there is a presumption against development. However, planning approval in principle has been granted for the demolition of the existing building referred to above and its replacement with a new building to accommodate living accommodation, garaging and a recreation room to complement the tourist accommodation available on the site (PA 12/00947/A). This approval was not subject to any specific conditions. This therefore takes precedence over the presumption against development here. REPRESENTATIONS - 4.1 Department of Infrastructure Highway Services indicate that there is no highway interest in the proposal (20.07.17).
4.2 Patrick Parish Commissioners request a deferral until 14th August, 2017 (26.07.17). The Commissioners raised no objection to 15/00516/REM. ASSESSMENT - 5.1 The key issues in this case are whether an addition year for the scheme to be implemented is acceptable and we would take into account whether there have been any changes in circumstance, including relevant policies or the condition of the building to now warrant a different decision. There has been a change in policy in terms of the adoption of a 2016 version of the Strategic Plan but there are no policy changes contained within that which would warrant a different decision in this case. Whilst often, proposals to do something with an existing, old building can be detrimentally affected by the passage of time if the building in question has fallen into further disrepair, in this case the building is to be demolished and replaced so this concern is not relevant.
5.2 The proposal accords with what was the basis of the approval in principle and the scheme is still acceptable. It is relevant that the building proposed is in the same place and of similar proportions to the building to be replaced and that it is part of a farm group, some distance from the public highway and partly screened by trees. The building is visible from the A24 around its junction with the minor road up to Stoney Mountain but from where the building is not prominent.
5.3 It is considered that the proposal has the level of impact as was anticipated when the approval in principle was granted and as such the application is recommended for approval.
PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted Date of Recommendation: 07.08.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
C 1. This approval must be implemented prior to 20th July, 2018 in order for the approval and the provisions of the approval in principle, 12/00947/A, to remain valid after that time.
Reason: to accord with Article 14 of the Town and Country Planning (Development Procedure)(No
2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. This approval relates to drawings 01, 02 and 03A all received on 4th July 2017.
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 11.08.2017 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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