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Application No.: 16/00554/B Applicant: Mr Martin & Mrs Maria Marlow Proposal: Part demolition, part retention and alterations to building to provide ancillary accommodation and garaging (retrospective) Site Address: Ard Na Mara Quines Hill Port Soderick Isle Of Man IM4 1BA Case Officer : Miss Abigail Morgan Photo Taken: 09.06.2016 Site Visit: 09.06.2016 Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE IN VIEW OF THE PLANNING HISTORY OF THE SITE.
1.0 THE APPLICATION SITE - 1.1 The application site lies in the countryside between Port Soderick and Quines Hill, and to the north of the A25 Old Castletown Road. - 1.2 Ard Na Mara House was originally a traditional farmhouse, which has since had approval for alterations and extensions to provide additional living accommodation. This application was approved in 2005 and the works to the farmhouse have since been carried out. - 1.3 To the rear of the main dwelling there were once the original stone barns and other stone outbuildings which were associated with the main farmhouse, which gave is a loose courtyard feel. - 1.4 Currently on the location of original barns, is a partially demolished building the area of which is the subject of this application. Beyond this is a terraced car parking area and a modern agricultural barn. - 1.5 The site is accessed via a farm track from the north side of Old Castletown Road. As well as the site, the track also serves a small bungalow, Southampton Cottage, which is located to the opposite side of the track to the immediate east, and Southampton Farm which is located to the north west. - 1.6 The site is situated on the side of a gentle hill with the land rising in a north westerly direction. The farm track has a hedgerow on either side and is lined by a row of mature trees. - 1.7 The edge of the village of Port Soderick is to the south west of the site and the small hamlet of Quines Hill is situated to the east. The site has a rural setting, being surrounded by open agricultural land, consisting predominantly of medium sized rectilinear arable and pastoral fields delineated predominantly by Manx hedges and some post and wire fences which form a strong geometric field pattern with scattered buildings/settlement pattern.
2.1 This application seeks planning approval for part demolition, part retention and alterations to an existing building following the refusal of 12/00233/B Demolition of barns and erection of seven tourist units (retrospective). The planning history is covered more extensively below. - 2.2 The application seeks planning approval to retain part of the existing buildings in a modified form, for accommodation that would be supplementary to the use of the existing residence, Ard Na Mara. - 2.3 The principal changes to the proposal are the demolition of the two storey gabled element, store/laundry, removal of the raised leisure pool and hot tub area and reduction to the size of the north east wing from two storeys to single storey, together with a reduction of its length by 6.5 metres. The removal of the portacabin located on the south east side of the building. - 2.4 The resulting/remaining two storey building is to be used on the ground floor as a sauna and steam room, his and her offices and gym and games room at first floor. The resulting single storey building is proposed to be used as a quadruple garage for Ard Na Mara house. - 2.5 It is also proposed to make a number of aesthetic changes to the remaining/resultant building, which is currently all white rendered with some decorative quoins. In respect of the north west elevation the two storey element will remain white rendered and the garage barn is to be stone faced. The south east, north east and south west elevations are proposed to be stone faced. The windows are to have additional glazing bars fitted externally to create a more traditional appearance. The window to the first floor on the south west elevation is to have a vertical boarded timber panel below it to create the visual appearance of a loft door. - 2.6 New additions/alterations include the following. The new garage doors are to be vertical boarded timber. Removal of door way on north west elevation to the garage. Creation of 2 wall gabled dormers, similar to the existing one on two storey element of the south east elevation. The creation of a raised patio area apx 10.5m wide x 5m deep x 1m high to be clad in vertical timber from existing ground up to a height of apx 2m to create fence around the patio, with steps up to it. - 2.7 The existing terraced car parking area is to revert to grassed area and/or soft landscaping. - 2.8 The area to beyond will remain as existing hardstanding and then the barn. - 2.9 The application is supported by a planning statement. The amended plans and additional information follows discussions with the case officer. - 2.10 The planning statement and additional information provides further clarification on the proposed use and a reasoned justification for why the applicants wish to retain part of the building.
3.0 PLANNING HISTORY - 3.1 The site has the following planning history. - 3.2 05/0204/B - Alterations and extension to dwelling (approved) A planning application was submitted in 2005 for alterations and extensions to the dwelling to provide additional living accommodation and granny flat. This application was approved and the works were carried out. - 3.3 06/00964/B - Conversion of redundant barns to four holiday cottages (approved at appeal) A detailed application was submitted in 2006 for the conversion of redundant barns to four holiday cottages. The application related to the south western part of the barn complex. The application was refused for the following reasons:
The decision was subsequently appealed by the applicant. A hearing was held in January 2007 and the Planning Inspector recommended that the application be refused. The Inspector dismissed the view that the building was not capable of renovation on the basis that the appellant had submitted professional advice to say that it was, and the Planning Authority had no professional who could contradict that. However, he felt that the buildings did not have particular architectural or historic or social merit and they did not contribute to the character of the countryside.
The Minister disagreed with the Inspector and approved the application, albeit agreeing with the Inspector that the plans were so poor that the approval should be in principle only.
3.4 08/00560/B Erection of a swimming pool (refused)
In 2008 an application for an extension to the dwelling to provide for a swimming pool was refused on the basis that the scale, form and appearance failed to respect the form and proportion of the existing dwelling.
3.5 09/00385/REM Reserved matters application for the conversion of redundant barn to four holiday cottages (approved)
The application was approved under delegated powers in May 2009. The decision was subject to a condition that restricted occupancy to between the 1st March and 1st October for individual lets, not exceeding four weeks in duration, to bona fide tourists. Outside of this period longer lets to bona fide tourists were permissible.
The application was for conversion, but did include the removal and rebuilding of part of the walls as shown on the approved drawings. No works were proposed to the remaining barns.
3.6 11/01583/B Conversion of redundant barn to three holiday cottages and creation of additional parking (withdrawn)
The application was for the conversion of the remaining barns to holiday units. The Planning Authority carried out a site visit as part of its consideration of the application and it was apparent that the original barns were no longer standing. In their place was a range of new buildings.
Given that the original barns had been demolished and rebuilt the application for conversion was unable to be determined. The application was therefore withdrawn.
3.7 12/00233/B Demolition of barns and erection of seven tourist units (retrospective)
The application sought retrospective approval for the erection of the unauthorised buildings, comprising seven holiday units.
The application was refused by the planning committee on the grounds that the proposal was for unjustified new building in the open countryside. The design and character of the development did not serve to contribute to or enhance the visual amenities of the locality. The decision was issued in July 2012.
The applicant appealed the decision and an appeal hearing was held in October 2012. The Planning Inspector recommended to the Minister that the appeal be dismissed. On 1st March 2013, the Minister determined that the appeal should be dismissed, confirming refusal of the application on the following grounds:
'The proposal is contrary to General Policy 3 and Business Policy 11 of the Isle of Man Strategic Plan 2007 in that the development represents new development in the open countryside contrary to established planning policy for which no acceptable justification has been given. The design and character of the proposal does not serve to contribute to or enhance the visual amenities of the locality.'
3.8 12/00275/B Erection of a building to replace existing barn for the storage of TT course equipment. Land adjacent to Ard Na Mara House (refused)
The application was for demolition of existing barn and erection of a building for the storage of TT course equipment.
The application was refused by the planning committee for the following reason; 'The development represents new development in the open countryside contrary to established planning policy for which no acceptable justification has been given (General Policy 3 and Environment Policies 1 and 2). The proposal would detract from the character of the countryside.'
While an appeal was lodged it was withdrawn in October 2012.
3.9 13/91528/B - Erection of four tourist units with ancillary laundry facilities (retrospective) including part demolition and alterations of adjoining building to provide private garaging.
The application was refused by the planning committee on the grounds that the proposal was for unwarranted new building in the open countryside. The design and character of the development did not serve to contribute to or enhance the visual amenities of the locality. The decision was issued in March 2014.
The applicant appealed the decision and an appeal hearing was held in May 2014. The Planning Inspector recommended to the Minister that the appeal be dismissed. On 26 June 2014, the Minister determined that the appeal should be dismissed, confirming refusal of the application on the following grounds:
'The proposal is contrary to General Policy 3 and Business Policies 11 and 14 of the Isle of Man Strategic Plan 2007 in that the development represents new development in the open countryside contrary to established planning policy for which no acceptable justification has been given. The proposed buildings, by reason of their form and scale, would have an unwarranted detrimental impact on the character and appearance of the countryside, which should otherwise be protected for its own sake. The proposal is therefore contrary to Environmental Policies 1 and 2 of the Isle of Man Strategic Plan 2007.'
3.10 13/00132/NOTICE - Enforcement Notice issued by the Department of Infrastructure requiring demolition of the unauthorised holiday units.
The Enforcement Notice was issued on 27th September 2013 and cited the Minister's reason for refusing application 12/00233/B as the reason for it being issued. The Enforcement Notice requires the demolition of the seven holiday units. The period for compliance is within 12 months of the date that the notice comes into effect (i.e. by 25th October 2014).
The enforcement process is ongoing.
4.1 The Development Plan for the area consists of the Isle of Man Strategic Plan 2016 and Braddan Local Plan (1991) and 1982 Order. Under the 1982 Order the application site is in an area of High Landscape Value. The application site is in an area not zoned for development on the Braddan Local Plan 1991. - 4.2 The following policies in the Isle of Man Strategic Plan 2016 are relevant to the consideration of the application:
Strategic Policy 2: 'New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3 [General Policy 3].'
Strategic Policy 5: 'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.'
Spatial Policy 5: 'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.'
General Policy 3: 'Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
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:
5.1 Braddan Parish Commissions - no objection. 2 June 2016. - 5.2 DOI Highways- do not oppose. 06/06/16. - 5.3 Owner/occupier of Glebe Cottage, Maughold - comments as follows;
I/we are shocked to find yet another retrospective application here - do people never learn? Though, even in view of it's past history, fair consideration must be given and I will say no more than to remind the Planning Committee of the unfortunate history of this site. 31 May 2016.
5.4 No representations were received after the circulation of amended plans.
6.1 The site has an extensive planning history as detailed earlier in the report. In summary, approval in principle was originally granted at appeal in 2007 for the conversion of redundant barns to four holiday units (06/00964/B). The barns were broadly in the same location as the existing unauthorised holiday units. The reserved matters submitted pursuant to the approval were approved in 2009 (09/00385/REM). A later application seeking approval for the conversion for the remaining barns to three holiday units was withdrawn in February 2012 as it became apparent that the barns had been demolished and there were no longer any buildings to convert (11/01583/B). - 6.2 The new buildings which were built without planning approval contained seven holiday lets and are the buildings currently on the site. - 6.3 The applicant subsequently submitted a planning application seeking to regularise the seven holiday lets that had been built without approval (12/00233/B). The Planning Committee refused the application and a subsequent appeal by the applicant was dismissed by the Minister in March 2013. - 6.4 In September 2013, the Planning Authority issued an Enforcement Notice requiring demolition of the seven holiday units with compliance required by October 2014 (13/00132/NOTICE). The enforcement is ongoing. - 6.5 During this period the applicant sought to develop a modified scheme which reduced the development from seven holiday units to four, reduced the size of the north eastern part of the buildings and converts it for use as domestic garages for the main house, as well as making a number of design alterations to the external appearance of the buildings (13/91528/B). The modified scheme was refused by Planning Committee and a subsequent appeal was dismissed by the Minister in June 2014. - 6.6 The most recent appeal is of particular relevance to the consideration of the current application. The appeal dealt with the issues of whether the development is acceptable in principle and the visual impact of the building having regard to the strict controls on development in the countryside. While both of these issues are considered central to the consideration of the current application, the former dealt with the principle of tourist development whereas this application is for use of the building as supplemental/incidental to the main dwellinghouse.
6.7 The fact that there is currently an unauthorised building on the site should neither benefit nor disadvantage the applicant's case. - 6.8 The applicant's statement partially relies on the fact that there were originally barns on the siting of this proposal as reasoning for the proposal. This view is debatable but superfluous given that the original barns no longer exist and is not considered material in the consideration of this application. - 6.9 In effect the application has been assessed as though it is for a new building on an undeveloped piece of ground. - 6.10 The enforcement proceedings are a separate matter that has had no bearing on the assessment. - 6.11 The main issues in the assessment of this application are whether the development is acceptable in principle and effect of the proposal on the character and appearance of Ard Na Mara and the surrounding rural area, in the context of the development plan, previous appeal decisions and Planning Inquiry reports and any other material considerations. Principle of Development and Proposed Use - 6.12 The Development Plan identifies the site as being within countryside where development is strictly controlled and the countryside should be protected for its own sake, Environment Policy 1. The site is not zoned for any particular development but is recognised as being within an Area of High Landscape or Coastal Value and Scenic Significance, as well as an area of Private Woodland. - 6.13 Strategic Policy 2 of the Strategic Plan directs that new development should be concentrated within existing towns and villages, or where appropriate sustainable urban extensions. This approach encourages sustainable development by reducing the need to travel and protecting the countryside environment. The policy goes on to say that development in the countryside should be limited to the exceptional circumstances set out in General Policy 3. - 6.14 General Policy 3 sets out eight criteria when development outside of areas zoned for development, such as the countryside, could be permitted. The proposals do not fall within any of these categories. - 6.15 General Policy 1 of the Strategic Plan requires the Planning Authority to consider whether there are any other material considerations that support the development and whether these would tip the balance in favour of granting approval. - 6.16 Under the Permitted Development Order there is a provision for an assortment of outbuildings for houses and a general acceptance that some level of other buildings associated with a house is not unreasonable. - 6.17 While it is considered that principally some level of other/outbuildings associated with a house is not an unreasonable request, the effect of the buildings on the character and appearance of Ard Na Mara and the surrounding rural area are therefore important issues given the location of the proposal. These are considered below. - 6.18 The application plans and planning statement both assert that while the building is separate from the main house the manner in which it is proposed to be used by the applicants, sauna and steam room and games/entertaining/gym area will be incidental/supplemental to Ard Na Mara and that these types of uses are of no real concern. The 'his and hers' offices, do offer some cause for concern as the proposed activities for the offices do relate to business activities and reasonably could be carried out in the main dwelling. However the reason put forward for separating the uses from the main dwelling, 'keeping them away from the domestic environment of their existing house'
is regarded as an adequate explanation given the space on the application site. With regards to 'his' office being used for the administration of the building construction company a condition can be attached to ensure the use of the building for incidental/supplemental purposes and not commercial is maintained in the future.
The effect of the proposal on the character and appearance of the dwelling and the countryside
6.19 The Manx countryside is an extremely valuable resource. Environmental Policy 1 of the Strategic Plan states that the countryside should be protected for its own sake. The site is also located within an Area of High Landscape or Coastal Value and Scenic Significance. Environment Policy 2 states that within such 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.' - 6.20 The main public views of the site are from Old Castletown Road from the south (close to the junction with the B23) and further to the south east. The site is in the main most visible from the south east. Views from a more southerly direction is largely restricted by the roadside hedge, even during winter months, although there is a field gate close to the junction with the B23 from which the proposal would easily be visible. - 6.21 In the context of the latest two Inspectors decisions, with particular regard to visual impact, the following highlight some of the key issues in considering this application. - 6.22 In 2013 the Planning Inspector noted that 'The appeal building retains much of the overall plan form of the former agricultural block but beyond that its elevations and finishes convey next to no impression of agricultural or former agricultural buildings.' (para. 26, Inspector's report). He went on to say that the '...outcome, if only incrementally, is to make this locality just a little less rural and just a little more suburban in character and appearance. There is none of the "element of the evolution of the farm, ……. there is none of the visual group value that can arise, and be safeguarded through sensitive conversions, between a farmhouse and its subordinate traditional farm buildings. The relationship is simply that of a house with a large annexe' (para. 37). - 6.23 These opinions were reiterated in the 2014 Planning Inspector's report ' Despite the proposed stone facing and grey render …. It would look like an incongruous cluster of new houses. It would certainly not look like an agricultural building. Nor with the possible exception of the single storey garage wing, would be it subservient to Ard Na Mara House. Strategic Policy 5 of the IoMSP requires new development to be designed so that it makes a positive contribution to the environment of the Island. In my opinion, the proposed development would fail to do this.' (para 29 Inspector's report). - 6.24 The previous decisions deemed that their design was inappropriate and that the cumulative impact of the buildings, together with Ard Na Mara house, was unnecessarily intrusive and harmful to the countryside. - 6.25 The current proposal has sought to address the concerns about the design of the previous proposals by making a range of design changes as set out in Section 2 of this report above. - 6.26 In their planning statement, the applicants are of the view 'that the significant and material changes to the proposals previously refused now provide a development that will have a significantly reduced impact on the rural countryside to a minimal level that does not warrant refusal' (para 5.7) and that they [the proposals] 'provide an overall appearance of a group of rural outbuildings that will clearly appear distinctively subservient to the main house' (para 5.9). - 6.27 It is reiterated that the starting point for considering the visual impact of the building is imagining that the existing unauthorised building is not there at all. It is not a question of
7.1 It is recommended that the application is approved, subject to conditions. - 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:
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.
8.2 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 Glebe Cottage, Maughold - no direct interest in the site. Recommendation Recommended Decision: Permitted Date of Recommendation: 21.10.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
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 and any details of the hard surface treatment of the open parts of the site and a programme of implementation.
Prior to first occupation/use of the development hereby permitted, all landscaping works shall be carried out in accordance with the approved details and thereafter retained unless otherwise agreed by the Department.
Reason: To ensure the provision of an appropriate landscape setting to the development and in the interest of the visual amenities of the area.
Reason: To ensure the proper removal of the container as it is no longer required and in the interests of character and appearance of the area.
This approval relates to drawing nos WL/13/1296/1, 3A, 4A and Planning Statement all date stamped received 16 May 2016 and Additional Information Letter date stamped received 23 September and drawing WL/13/1296/2C and Additional Information date stamped received 28 September 2016.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 31.10.2016
Signed : A MORGAN Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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