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                                                 15/01131/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/01131/B Applicant : Mr Richard Morris Proposal : Alterations and erection of attached garage with living space above to approved renovation and extension of existing barn to form a dwelling Site Address : The Barn Ballig Farm West Baldwin Isle Of Man IM4 5EU

Case Officer : Miss Abigail Morgan Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE

1.1 The application site comprises land located on the western side of the West Baldwin Road in Braddan known as The Barn, Ballig Farm.

2.0 PROPOSAL

2.1 The proposed development comprises the alterations and erection of an attached garage with living space above and renovation and extension of existing barn to form a dwelling within the application site. This application if approved will supercede the previous approvals, as this application relates to the development in its entirety as it was not clear if the previous approvals had been commenced.

2.2 The proposed garage is 7.7m x 7.4m, 3.5m to the eaves and 6.1m to the ridge, consisting of two garage spaces and recreation room above with two patio doors leading to the garden and onto a patio area with glass balustrading.

2.3 There is a difference in ground levels which also involves the erection of a retaining wall, this profile has changed from the 2011 approval and is now less of a gradual incline and more vertical steeper incline, with some levelling across the lower level of the site and more re-profiling on the south west elevation.

2.4 The application also includes soakaways and biodisc plant.

3.0 PLANNING HISTORY

3.1 The application site has been the subject of a number of previous planning applications and has planning approval for the conversion of the existing buildings into residential accommodation. In 1997 (97/00811/A), 1999 (99/01022), 2005 (05/00331/B) and in 2006 (06/00628/B). In 2009 (09/01762/B) permission was given for the erection of sunroom, which was previously to be a conservatory.

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3.2 There have been two previous planning applications (08/01895/B and 09/00538/B) for a garage and workshop building within the application site. Both of these were refused on the basis of excessive size and insufficient detail within the planning applications.

3.3 In 2011 (11/00179/B) planning permission was given for the erection of a detached garage. This garage was 7.1 x 7.4m, 3.5m to the eaves 6.1m to ridge, consisting of two garage space and attic storage above.

4.0 REPRESENTATIONS

4.1 Braddan Parish Commissioners have no objections to the planning application. 19.10.2015.

4.2 The Department of Infrastructure Highways Division do not oppose the planning application. 19.10.15.

4.3 Manx Utilities object to the proposed position of the garage due to its positioning under the low voltage overhead line and require the applicant to contact them to discuss working practices around cables. 26.10.15.

5.0 PLANNING POLICY

5.1 In terms of land use designation, it has previously been noted that due to differences in scale it is somewhat difficult to precisely locate the application site on the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991. However, it was concluded that the application site is located within land that is designated as wood under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991. There is no reason to consider that this has changed. Planning Circular 6/91, the written statement that accompanies the local plan, contains one policy that is considered specifically material to the assessment of the planning application. Policy 13.3 states: "The rural areas of Braddan Parish District will be designated as being of high landscape value. As part of this policy it is essential that the important tree groups and woodland within the parish be subject to a maintenance and management scheme that will include underplanting as and when necessary."

5.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application:

5.3 Environment Policy 2 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."

5.4 Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."

5.5 Housing Policy 11 Conversion of existing rural building into dwellings may be permitted, but only where: a) Redundancy for the original use can be established; b) The building is substantially intact and structurally capable of renovation;

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                                                 15/01131/B
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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.

6.0 ASSESSMENT

6.1 The planning application seeks planning approval for the whole of the development consisting of Renovation and conversion of existing buildings to a dwelling, with erection of an attached garage, including the creation of a patio area with glass balustrading.

6.2 As can be seen from the planning history this site has an extensive array of previous approvals and refusals. This application brings all the previous approvals under one application, with the previous approvals incorporated into this one, with the main exception being the garage and associated works which is different.

6.3 The garage is now proposed to be attached by a link at the ground floor into the utility room and due to the differences in ground levels at first floor level by a patio with balustrading. These plans also show a further excavation/levelling on the site most notably on the south west elevation, and the main two storey element of the building, which will give the appearance of the building being higher, increasing the height of the building from the current and proposed ground levels from 6.8 to 7.6m, a difference of around 0.8m. From the plans it is evident that the lower ground level is being modified and being more levelled throughout/across the site.

6.4 It is considered that the proposed levelling has no significant harm to the site or its position within the countryside and is therefore considered acceptable and would not harm the character and quality of the landscape.

6.5 The newest addition is the proposed attached garage is located adjacent to the barn building and is now part set into the natural slope found on site which is to become less natural. Issues such as levels and trees have been clarified with the applicant. The Foresters have recommended a tree protection condition which has been imposed.

6.6 The proposed building has a marginally larger footprint than the previous approval and all other dimensions remain the same. There are some changes to the elevations with the introduction of patio doors into each side of the upper floor recreation room (above the garage parking). The previous garage was considered to be a reasonable expectation with the residential development subject to it being of an appropriately subordinate scale, which is was considered to be. In this instance the proposal with the proposed changes is considered to be of a suitable scale and would not harm the character and quality of the landscape.

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6.7 As a result, it is concluded that the planning application does not conflict with Environment Policies 2 and 3 or Housing Policy 11 of the Isle of Man Strategic Plan 2007.

7.0 RECOMMENDATION

7.1 It is recommended that the planning application be approved.

8.0 PARTY STATUS

8.1 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 , in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

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.

8.3 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

o Manx Utilities Authority - ELECTRICITY

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 21.01.2016

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.

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C 2. 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 development shall be undertaken in accordance with Part 2 of schedule 1 of the Order at any time, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

Reason: To control future development on the site and to safeguard the residential character and amenities of the area

C 3. No development shall be commenced until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification to include [numbers, density, size, species and positions of all new trees and shrubs]; the location of grassed areas details of the hard surface treatment of the open parts of the site and a programme of implementation.

All hard and soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Department. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. All hard landscape works shall be permanently retained in accordance with the approved details..

Reason: To ensure the provision of an appropriate landscape setting to the development.

C 4. 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 to be indicated on plans to be first submitted to and approved in writing by the Department. 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 5. 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

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This approval relates to Plan numbers Ballig 15/01 and Ballig Barn 09/02 both date stamped as received on 8 October 2015.

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: 21.01.2016

Determining officer

Signed : C BALMER

Chris Balmer

Senior Planning Officer

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