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                                                 15/01323/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/01323/B Applicant : Mr Alan & Mrs Nancy Sutton Proposal : Conversion of an existing disused barn complex to provide staff accommodation Site Address : Ballachrink Bayr Ballagawne Ballamodha Ballasalla Isle Of Man IM9 3EJ

Case Officer : Mr Edmond Riley Photo Taken : 06.01.2016 Site Visit : 06.01.2016 Expected Decision Level : Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE AND PLANNING HISTORY

1.1 The application site is the residential curtilage of a dwelling known as "Ballachrink Bayr", an isolated dwelling situated to the southwest of Ballagawne Road, the access for which is roughly equidistant between Ballagawne Road's junction with the Ballamodha Straight to the west and Phildraw Road to the east. Also owned by the applicant is a large number of fields surrounding the site and extending a minimum of 200m from the dwelling and in some cases roughly 1.2km.

1.2 Within the application site is a barn complex, apparently long-disused for its original purpose. In 1987, planning approval was granted to PA 87/04788/B, which sought the conversion of the barns to staff accommodation. While the exterior works were undertaken and apparently completed in line with that approval, the internal conversion works were not completed within 48 months as required by Condition 3 attached to the approval. From visiting the site it was evident that the barns were in some form of use but apparently not a use independent from the main dwelling.

1.3 The case officer in considering that 1987 proposal concluded that "As sited, unlikely to be severed from the main house, which is large enough to warrant staff accommodation or similar". The approval notice carried various conditions, the other of which of relevance required that "The proposed accommodation must be retained and used in association with the dwelling known as Ballachrink only".

2.0 THE PROPOSAL

2.1 Full planning approval is again sought for the conversion of the barns to staff accommodation. The external works proposed remain fairly similar to those previously approved, with one notable change being a significant increase in the number of proposed rooflights. The original openings within the barn would be retained. The internal arrangements now proposed are also slightly different although the amount, size and type of accommodation proposed remains similar to that previously approved. Also shown as retained at the ground floor are a garden implement store and stables.

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2.2 Although the application proposes staff accommodation, and the conclusion of the case officer in 1987 is noted, it is considered that it would be most appropriate to assess the application having regard to the fact that it could, potentially, be occupied as an independent dwelling. It is fully acknowledged that this is not what is proposed and, if approved, a condition could be attached to that end. It is also the case, though, that an application could at some point be submitted seeking the removal of that condition. The site is large enough to accommodate two dwellings, and the building proposed for residential use is too large to be considered 'ancillary' in a Planning sense and could be occupied independently under the Housing Standards (Regulations) 2013. Some assessment of this potential is therefore important, even if the potential remains hypothetical - part of the purpose of the planning system is to consider future as well as proposed uses.

2.3 Notwithstanding the above, it is also to be noted that Ballachrink Bayr is also a very large dwelling relative to the unit of accommodation here proposed, and so the 1987 conclusion of the case officer is understandable and logical - the owner of the application site may well not wish to have unrelated people living in such close proximity to them when the site is notable for its significant isolation and large associated landholding.

3.0 THE DEVELOPMENT PLAN

3.1 The site lies within an area of 'white land' not zoned for any particular purpose on the Proposals Map 3 of the Area Plan for the South 2012; no other site-specific policies apply to the site, and so the directly relevant policies are found within the Strategic Plan: General Policy 3, Environment Policy 1 and Housing Policy 11 apply.

4.0 REPRESENTATIONS

4.1 Highway Services of the Department of Infrastructure offered no objection to the application on 09.12.2015, while Malew Parish Commissioners offered no objection the day before.

5.0 ASSESSMENT

5.1 Although the previous approval on the site is a material consideration, the Development Plan has changed quite dramatically since that time, with both the Strategic Plan and Area Plan for the South being adopted since that time.

5.2 However, although Environment Policy 1 and General Policy 3 generally presume against development in land not zoned for any particular use, Housing Policy 11 remains clear that proposals for the conversion of rural buildings will be supported providing they meet a number of specific criteria. It is considered that the building the subject of this application meets those criteria: the building has been redundant since at least 1987; it remains substantially intact; it is of historic (and visual) interest; it is large enough to provide satisfactory residential accommodation for the use proposed; the only other land uses nearby are residential (Ballachrink Bayr) and agricultural such that the use proposed would be compatible, and the building is close enough to an existing dwelling to conclude that services can reasonable be provided.

5.3 Moreover, the proposed conversion would strongly retain the existing sense of identity that the barn complex currently offers, with the door, window and coachyard entrances all proposed for retention with no new apertures (save for rooflights) proposed. This is very welcome and reflects the strong wording of HP11.

5.4 The application is considered to meet the criteria laid out in HP11 even if it does not seek approval for an independent dwellinghouse. This remains the most appropriate policy to assess the application against given the nature of the proposal and the site itself.

5.5 The proposal is clear that the building would be used for staff accommodation and it has been advertised as such and Highway Services have assessed it as such. Any separation of the two

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buildings would potentially require alterations to both garden land (it is noted that the red line of the current site is smaller than that of the 1987 application) and access arrangements, and both these points would need to be considered under an application in future. Therefore, it would be appropriate in this instance to attach a condition similar to that applied in 1987 requiring a tangible connection between any persons residing in the converted barn and those residing in Ballachrink Bayr. The points made in paragraph 2.3 of this report have been given material weight in reaching this conclusion.

6.0 RECOMMENDATION

6.1 It is recommended that the application be approved subject to the discussed condition.

7.0 INTERESTED PERSON STATUS

7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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) The Highways Division of the Department of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 08.01.2016

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. The residential accommodation hereby approved shall, if and when occupied, be occupied only by persons(s) having a direct association with that person or those persons residing at the dwelling known as Ballachrink Bayr.

Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.

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The development hereby approved relates to the following drawings, date-stamped as having been received 4th December 2015: the Location Plan, the Site Plan, Drawing S1 and Drawing PA1.

I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 11.01.2016

Determining officer

Signed : M GALLAGHER

Michael Gallagher

Director of Planning and Building Control

Customer note

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