257873

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                                      19/01095/B                                     Page  1  of  5

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/01095/B Applicant : Julie Anne & Gerard MacQuillan Proposal : Variation of condition 1 of approval for dwelling (PA 15/00682/REM) to extend permission for a further 3 years Site Address : Agricultural Building Robin Hill Farm Cronk Y Dhooney Ballakilpheric Colby Isle Of Man

Principal Planner: Miss S E Corlett Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 13.11.2019 __

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 three 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 and to reflect the nature of the application.

C 2. All external facing shall be finished in a white painted render and maintained thereafter.

Reason: in the interests of the character and appearance of the site and surrounding area.

C 3. All of the existing building on the site must be removed prior to the commencement of any works on the proposed replacement dwelling.

Reason: to protect the amenities of adjoining land users and the surrounding area.

C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, polytunnels, walls, fences, garden sheds, summerhouses, garages, car ports, may be erected (other than those expressly authorised by this approval).

Reason: to control development in the interests of the amenities of the surrounding area.

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C 5. No approval is granted to the wall shown in drawing 02 Rev 2 as this was not shown on the originally approved drawings and this current application seeks only for a variation of the condition relating to the commencement of works.

Reason: to ensure that the development reflects what is shown in the application.

Plans/Drawings/Information;

This decision relates to drawings 09-JO89-02, 01, 02 Rev 2, 5 and 09-J089-03 Rev 4 all received on 20th September, 2019. __

Interested Person Status - Additional Persons

None __

Officer’s Report

1.0 THE APPLICATION SITE 1.1 The site is the curtilage of an existing building situated on the eastern side of the road which runs through the scattering of dwellings known as Cronk y Dhooney, to the east of the Ballakilpheric Road (B44). The building on the site is a large industrial styled agricultural building which has a footprint of 21m by 18m and 6m in height. The building is finished in rendered blockwork and has a corrugated sheeted roof and various horizontally proportioned windows.

1.2 To the north is Rose Cottage, an existing dwelling. To the south of the building is Robin Hill Farm which is owned by the applicants. This site accommodates a farm house, stone outbuildings which have recently been converted to tourist accommodation, stabling, a manege and farmland which extends to the Colby River to the east.

1.3 The site includes the footprint of the building and a small hardstanding at the front - approximately 4m to the front of the building. The area edged in blue which represents the curtilage of the farm holding, amounts to around 20 acres (8ha).

2.0 THE PROPOSAL 2.1 The application seeks variation of 15/00582/REM which was the approval granted for the Reserved Matters relating to 13/00452/A for the replacement of an agricultural building with a dwelling, garage and garden. This application addressed siting, design, external appearance, internal layout, means of access and landscaping and was approved subject to the following 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 All external facing shall be finished in a white painted render and maintained thereafter.

Reason: In the interests of the character and appearance of the site and surrounding area.

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                                      19/01095/B                                     Page  3  of  5

C 3 All of the existing building on the site must be removed prior to the commencement of any works on the proposed replacement dwelling.

Reason: To protect the amenities of adjoining land users and the surrounding area.

C 4 Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, polytunnels, walls, fences, garden sheds, summerhouses, garages, car ports, may be erected (other than those expressly authorised by this approval).

Reason: To control development in the interests of the amenities of the surrounding area.

2.2 It should be noted that despite being an application for reserved matters, the conditions imposed simply require the development to be commenced within four years from the date of the notice rather than relating back to the approval in principle which has now expired. This REM application effectively required the development to commence prior to 22nd September, 2019.

2.3 The dwelling proposed is two storey and traditionally designed in accordance with Planning Circular 3/91. The dwelling is approximately 9.5 x 6 metres with a rear sunroom extension and front porch. The dwelling would have a ridge height of 7 metres.

2.4 The dwelling would be finished in a painted smooth render with a dark grey interlocking manmade slate roof. The windows would be white UPVC sash type windows with reconstituted stone cills. The dwelling would be over two floors and would be orientated as such so that the front elevation faced the highway, to the west.

2.5 To the south of the dwelling would be an area of hardstanding, driveway and parking area providing two parking spaced measuring 6 x 3.25 metres. To the front of the dwelling, between 800mm and 1.8 metres from the highway, would be a 1 metre high stone wall.

2.6 The application seeks a variation of condition 1 to allow a further 3 years for the commencement of the development. The applicant explains the personal circumstances which have delayed the commencement of the approved scheme, concerning the health care of her husband and financing thereof which has taken some time. In this period the main house has been sold off which is not relevant to the current application.

2.7 The drawings submitted are the same as those approved under the earlier REM application other than one of the site plans shows a wall running along the northern edge of the site which was not shown in the earlier application. As the PDO is to be suspended and planning approval would be required for this wall, no approval can be granted and this should be referred to in the decision notice.

3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site lies within an area of Open Space under the Area Plan for the South 2013. The site also lies within a wider area of Incised Slopes in the Landscape Character Assessment.

3.2 The site is therefore not designated for development and also, Appendix 4 of the Area Plan for the South 2013 identifies groups of houses and buildings in the countryside including Cronk y Dhooney and states:

"(c) Ballakilpheric/Cronk e Dhooney:

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                                      19/01095/B                                     Page  4  of  5

(i) Description: Grouped quite compactly to the west and east of the still-active chapel are two collections of dwellings and farm buildings, some of which are comparatively modern. The group is some 1.5 km from the Colby main road, up a winding and sometimes narrow road. The sense of place arises largely from the chapel at the crossroads, but there are no other public facilities or amenities. (ii) Assessment: Whilst a small number of additional dwellings could be added without visual detriment to either the group or its setting, the group is not sustainable, is served by a poor access road, and is not distant enough from Colby to generate a valid local need for housing. Additional dwellings are not therefore proposed."

3.4 In terms of strategic plan policy EPs 1 and 2 and GP3 all clarify the position which presumes against development in undesignated areas.

3.5 The application which was approved was considered to be acceptable as the most recent use of the building to be replaced was not agriculture and as such, the provisions of GP3 in respect of previously developed land were considered relevant and sufficient to justify approval of the application.

PLANNING HISTORY 4.1 The most relevant previous applications are referred to in paragraph 2 above.

5.0 REPRESENTATIONS 5.1 Rushen Parish Commissioners have no objections (26.10.19).

5.2 The Department of Infrastructure Highway Services have no objection (22/10/19).

6.0 ASSESSMENT 6.1 As the application simply seeks approval for the variation of one condition, the only issue is whether there have been circumstances which would justify a decision which differs from the approval initially granted.

6.2 The approval was contrary to established policy which has not changed since that decision and there have been no decisions in respect of this or surrounding sites which have changed the context of the proposal.

7.0 RECOMMENDATION 7.1 For the reasons set out above, the development proposed is considered to be acceptable and the application is supported.

8.0 PARTY 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: 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.

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I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date: 14.11.2019

Determining officer

Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

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