Officer Report

Application No.: 15/01390/CON Applicant: Department Of Infrastructure Proposal: Registered Building Consent for alterations to form a dwelling including repair and renewal of roof, construction of new floor, alterations to internal layout, installation of French doors, replacement windows and doors, external decoration and creation of new vehicular access and driveway (RB no 280 in association with 15/01389/GB) Site Address: Ballagawne Gatekeeper's Cottage Mount Gawne Road Colby Isle Of Man Case Officer : Miss Abigail Morgan Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of Ballagawne Gatekeepers Cottage, a single storey detached building located on the eastern side of side of Mount Gawne Road, Colby. To the south of the site is the Manx Electric Steam Railway. - 1.2 The application building is one of four surviving gatehouses that provide a good cross sectional example of the different styles of Gatehouses once seen throughout the Isle of Man Railway lines. - 1.3 Ballagawne Gatekeepers Cottage is of stone construction, but was extended by the Isle of Man Railway Company many years ago to provide living accommodation for the keeper and family. - 1.4 The building was registered on 21st October 2014 by reason of the age and rarity of the building, the architectural interest and/or aesthetic quality and the historic interest of the cottage.

2.0 THE PROPOSAL - 2.1 Registered Building Consent is sought for a number of alterations to the building to form a dwelling including the repair and renewal of the roof, construction of a new floor, installation of replacement windows and doors, installation of a set of French doors, alterations to the internal layout, external decoration and the creation of a new vehicular access and driveway. - 2.2 The existing windows would be removed and replaced with double glazed sliding sash timber windows with the bathroom windows having obscured glazing. The existing large aperture on the north east elevation would be replaced with a set of French doors that would have a width of 1.530 metres and would lead out onto a patio area. - 2.3 The apertures of the doors on the northwest elevation would remain with the internal opening of the left most door blocked with an inner leaf with the remaining door replaced with a made up door to match the existing. This would also be the case for the existing door on the south western elevation.

2.4 The existing roof slates, battens and sarking would be removed and replaced with new slates. The existing rainwater goods would be replaced with cast iron effect aluminium of PVC conservation in a moss green colour. - 2.5 The existing dashed render of the whole building would be repaired where necessary and painted white. - 2.6 The following external alterations area proposed:

• - Removal of suspended timber floor and replaced with a solid concrete floor;
• - Removal of two internal walls to create and open living space;
• - Block an existing opening between the proposed bedroom and living room with blockwork and plaster finish.

2.7 Also proposed is the creation of a new vehicular access and area of hardstanding. The vehicular access would have a width of 6.5 metres with the driveway providing parking for one vehicle. - 2.8 It is also proposed to demolish an existing brick wall within the garden and erect a new fence along the southern and western boundary of the site. - 2.9 The proposal would also result in the loss of 5 trees. - 2.10 This application has been considered in conjunction with the related Planning Application 15/01389/GB.

3.0 PLANNING HISTORY - 3.1 Approval in principle was granted in 2014 under PA 13/91279/A for the conversion former gate keeper's cottage to residential use, including creation of off road parking and bio disc sewage treatment system.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is an area of 'white space' under the Area Plan for the South 2013. Also paragraph 5.21.3 refers to the historic and cultural importance of the Steam Railway and that 'where possible and practical station buildings, gate-keepers huts, and other line-side structures should be retained in, and where necessary, restored to their original form and appearance'. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains six policies that are considered specifically material to the assessment of this current planning application:

General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;

• (g) does not affect adversely the amenity of local residents or the character of the locality;

• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;

• Environment Policy 33 states: "The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest."
• Environment Policy 34 states: "In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred."

Environmental Policy 35 states: "Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

4.3 Planning Policy Statement 1/01 - Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man sets down the policies in relation to the conservation of the built environment of the Isle of Man, including policy for the identification and protection of historic buildings, conservation areas and other elements of the environment. This policy statement contains three policies that are considered specifically material to the assessment of this planning application:

Policy RB/3: GENERAL CRITERIA APPLIED IN CONSIDERING REGISTERED BUILDING APPLICATIONS; "The issues that are generally relevant to the consideration of all registered building applications are:-

• o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;
• o The particular physical features of the building (which may include its design, plan, materials
• or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;

• The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings)."

• RB/4: USE:

• "In considering a proposal for change of use of a registered building, the principal aim should be to identify the optimum viable use that is compatible with the fabric, interior and setting of the building, all of which affect its special character as a building of merit. An applicant, will have to illustrate that the effect of any proposed changes upon the architectural and historic interest of the building will be minimised."
• RB/5: ALTERATIONS AND EXTENSIONS: "In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Registered Building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative effect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

4.4 In terms of Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows. (Part 5 Category a) Registered Building states:

"If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows must be the same as the originals in all respects, including the method of opening, materials and detailed designs. This policy will be strictly applied other than where the particular circumstances are so exceptional to justify a relaxation."

5.0 REPRESENTATIONS - 5.1 Rushen Parish Commissioners, made no comments on this application but did on 15/01389/GB. - 5.2 Owners/occupiers of Moorhouse Farms Limited, Moorhouse Farm, Mount Gawne Road Colby have written in as owners of land surrounding the site and as such request party status. While they are pleased to see the Cottage renovated they are concerned about the effect on their farming activities. The site plan is incorrect and lacks clarity and the submitted photos do not show the roadside and surrounding area. They find it difficult to move livestock across the railway. The car park and house should be gated as it is in the country. They also make the following comments on the plans;

• o People may think false door is main entrance and try to use it;
• o Fire exit window is onto the track;
• o There is no porch;
• o There is no fire place;
• o The bedroom and bathroom may be looked into from passing trains;
• o The cess pit used to overflow; and
• o The Ballagawne sign misleads people thinking it is Ballagawne Road when it is Mount Gawne Road.

5.3 Regarding Party Status request, I have spoken with the owners of Moorhouse Farm have confirmed that they rent the field to the north of the application site, and have done so for about the last 10 years.

6.0 ASSESSMENT - 6.1 The main issues are considered to be; the impact of the proposed works and alterations and the reinstatement of the cottage to residential upon the interest and character of the Registered building and the wider area; the impact of the proposed access works; impact on trees and; living conditions for future occupiers. The principle of restoring this building to residential use has been considered under 13/91279/A and was considered to be appropriate and accord with the Strategic Plan, in particular General Policy 3(b) and Housing Policies 3 and 11 which deal with restoration of rural buildings of historic and social interest and dwellings held to have lost its residential use through abandonment. Impact on the Existing Building and the Wider Area - 6.2 Ballagawne Gatekeepers Cottage was once an established residential unit for use by the gatekeepers and their family. The reinstatement of the building to a dwelling would be reestablishing the original use of the building, albeit for general residential use, and would bring a current derelict building back into use. It is therefore considered that, in principle, the proposal does not raise any significant issues. - 6.3 The building currently appears dilapidated, worn, tired and disused. The works proposed and use of the building would bring the building back to life and would prevent the Registered Building falling into further dilapidation. - 6.4 The most extensive internal works of the cottage take place in the extended part of the building and would not affect the original stone cottage. The internal alterations proposed would create a more liveable space and environment enabling a much more liveable area and standard of living. - 6.5 The only internal works to the original cottage, apart from the fixing of bathroom units, would be the blocking up of the door opening with an inner leaf of thermal blockwork and plaster finish to the inside. A replacement door would be made up and fitted as to retain the original appearance of the cottage. What is proposed internally is not considered to affect the aesthetic and architectural merit or interest of the building. - 6.6 Moving onto the external alterations, it is necessary that any external alterations are sympathetic to the character and quality of the Registered Building and making sure that no works result in the loss of the buildings special interest. - 6.7 The development proposed under this scheme aims to reinstate the original appearance of the cottage as close as possible. There are a number of external alterations proposed and therefore it is felt most appropriate to assess each element separately, starting with the new windows. - 6.8 The existing apertures, albeit the opening serving the proposed living room would remain as existing. All openings would have timber framed double glazed sliding sash windows installed which are deemed acceptable and would assist in restoring the original appearance of the dwelling which would enhance the visual appearance of the building as viewed in the street scene. - 6.9 The French doors would be installed on the newly extended part of the building and would have a minimal, if any, impact upon the architectural interest of the original part of the dwelling. There is a distinct differentiation between the original and extended part of the building by reason of the materials used in the construction of the extension. There is an existing aperture which is relatively wide in comparison to the existing apertures. The size of this opening would only be

• increased in overall length and would allow a little more freedom in the building offering a potential owner an opportunity to create a home and therefore allow the building to remain in use.
• 6.10 The submitted drawings indicate that the existing rainwater goods would be replaced with new conservation style cast iron effect PVC or aluminium goods in a moss green colour. It is felt that these works are acceptable given that the existing rainwater goods are a mixture of PVC and older cast metal. However, it is considered that cast iron effect PVC should not be used and the aluminium goods would be preferred. The aluminium rainwater goods would have a more liken to the original older cast metal rainwater goods thus adding to the visual enhancement of the building.
• 6.11 The existing roof would be replaced with slate tiles which is the existing and original roof finish. This element is deemed unobjectionable and would replace existing weathered roof tiles, enhancing the overall appearance of the building.
• 6.12 On assessment, the proposed internal and external alterations are not considered to detrimentally affect the fabric or the character of the building and would in fact enhance the visual appearance of the overall building. Access and Highways
• 6.13 At present, the site does not have any onsite parking. The application proposes a new access and drive with a parking for one vehicular proposed area. This is located to the rear of the original part of the dwelling and has the potential to harm the existing setting and fabric of the building. However the plans say finished to be agreed and this can be controlled by condition to ensure that any further details are respectful to the Registered Building. On this basis the location for parking as proposed is considered acceptable and on balance is not considered to have a harmful impact upon the character of the existing building. It should also be noted that it is just the building that was Registered and not the ground that the building sits within.
• 6.14 The vehicular access is modest in scale and appearance and would be similar to other vehicular and field accesses along Mount Gawne Road. Highways consider the proposal to be acceptable. Trees
• 6.15 To facilitate the proposal, in particular the new access, 5 trees are proposed to be removed. DAFF have confirmed that they are satisfied with the submitted Arboricultural Report conclusions and proposals. The 5 trees to be removed were assessed as; 1 x Category B (fair), 1 x Category C (moderate) and 3 x Category U (Poor) - 1 x Elm (fair specimen) and the remainder hawthorn. Conditions are proposed to ensure that the proposals/recommendations in the Report are carried out to protect the trees during construction. The trees to be removed are assessed to be of poorer quality than the remainder and while their removal will have a moderate impact on visual amenity it is on balance considered to be acceptable in the overall improvements/retention of the Registered Building. Living Conditions
• 6.16 At apx 33 sqm the building is suitable for occupation by 1 person under the Housing (Standards) Regulations (2013), as permanent accommodation. Therefore it is considered that the living conditions for future occupiers would be acceptable. With regards to proximity to the railway line, while there will undoubtedly be some noise and disturbance when the train passes by these are predominantly in the day and sometimes in the evening any occupier will be aware of these when considering the suitability of the property for their purposes.
• 6.17 As a result, it is concluded that the proposal does not conflict with principles of General Policy 2 (g) in relation to future occupiers.

• Other Matters
• 6.18 A number of operational issues have been raised by the owner/occupiers of the farm, while not considered to be planning matters the applicant has been made aware of those that relate to the application site. In terms of the design related comments it is not clear from the submission of the reasoning for the comments and the external changes have been considered as part of the main assessment.

7.0 RECOMMENDATION - 7.1 For the reasons set out above, it is recommended that Registered Building Consent be granted.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following 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;
• (c) Manx National Heritage; and
• (d) The local authority in whose district the land the subject of the application is situated

In addition to those above, the Regulation 9(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

8.3 In this instance, it is recommended that the following persons have do not have sufficient interest and should not be awarded the status of an Interested Person in accordance with Government Circular 0046/13:

• Owner/occupier of Moorhouse Farm This is as they do not own or reside in land adjacent to the site and raise no material planning considerations.

Recommendation Recommended Decision: Permitted Date of Recommendation: 01.09.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.

• Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.
• C 2. The Arboricultural Report (dated 18 July 2016) and drawing nos 12 and 13 included within the Report shall be adhered to in full, in particular the Arboricultural Method Statement and Recommendations detailed in Sections 5 and 7 of the Report.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

• C 3. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees and other existing or proposed landscape areas in positions indicated on the approved plans set out in the Arboricultural Report. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

• C 4. The existing trees and hedges shall be retained in accordance with the approved details. Any retained tree or hedge which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department. Reason: To safeguard the appearance of the development and the surrounding area.
• C 5. The construction of the driveway shall be done with a 'no dig' solution as set out in the Arboricultural Report dated 18 July 2016 and shall thereafter be retained as such. Reason: To protect the roots of the retained trees, in particular T2.
• C 6. No development shall commence until a schedule of materials and finishes and samples of the materials, where relevant, to be used in the repair and making of good of surfaces, including the proposed surface materials in the construction of the driveway, have 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 the Registered Building.

This approval relates to drawing numbers; 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 date stamped received 22 December 2015 and Arboricultural Report date stamped received 18 July 2016.

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

Decision Made : Permitted Date: 06.09.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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