154017 — 17/00260/B | Planning Portal IoM | Isle of Man Planning Portal

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 17/00260/B Applicant : Mr Mark Bibby & Ms Joanne Christian Proposal : Renovation and extension of Tholtan to create ancillary living accommodation Site Address : Land Adjacent To Allandale Farm Ballamanagh Road Sulby Isle of Man

Case Officer : Mr Chris Balmer Photo Taken :

Site Visit :

Expected Decision Level : Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NATURE OF THE PROPOSAL, THE PLANNING HISTORY AND THERE IS AN OBJECTION FROM THE LOCAL AUTHORITY

1.0 SITE 1.1 The application site represents a parcel of land adjacent to Allandale Farm, Ballamanagh Road, Sulby. The site is located on the northern side of Ballamanagh Road and south of the Sulby Bridge. Presently there is a single storey Tholtan building within the site which runs parallel with the Ballamanagh Road. A number of previous applications for a dwelling have been previously approved on the site, the details of which are below. The dwelling is currently under construction.

2.0 PROPOSAL 2.1 The application seeks approval for alterations and extension to the existing Tholtan (in accordance with condition 5 of PA 15/01134/B). The work proposed would result in the building being a two bedroom self-contained dwelling with an open plan kitchen/dinning and garden room with an ensuite and a bathroom. The property would have two off road parking spaces which would be located to the north-eastern gable end wall of the dwelling and would utilise the access which has recently been created for the main dwelling house which is currently under construction.

2.2 An extension is proposed (sun room) to the south-western gable wall which would have a width of 4.2 metres a depth of 4.9 metres and a ridge height of 3.6 metres. The extension would be finished with brick/timber and have a slate roof.

3.0 PLANNING POLICIES 3.1 The application site is within the area covered by the Sulby Local Plan Order 1998. Under this, the application site is recognised as being within an area of open space (including agriculture).

3.2 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-

3.3 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

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(a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

3.4 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

3.5 Housing Policy 13 states: "In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost.

Where:

a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and b) there is an existing, usable track from the highway; and where c) a supply of fresh potable water and of electricity can be

This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement buildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space(3) measured externally, the extension measures less than 50% of that of the original)."

4.0 PLANNING HISTORY 4.1 The following previous planning applications are considered relevant in the assessment and determination of this application:-

4.2 Creation of stable block - 16/01038/B- APPROVED

4.3 Erection of a detached dwelling and detached stables - 15/01134/B - APPROVED which included a condition which stated: "The Tholtan building shall be restored, in accordance with details which shall first be submitted to and approved in writing by the Department, or removed within a period of four years from the date of first occupation of the property.

Reason: In the interest of visual amenities of the area."

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4.4 Reserved matters application for the erection of a dwelling - 09/01719/REM -APPROVED AT APPEAL. "The Tholtan building shall be restored, in accordance with details which shall first be submitted to and approved in writing by the Department, or removed within a period of four years from the date of first occupation of the property.

Reason: In the interest of visual amenities of the area."

4.5 Reserved Matters application for the erection of a detached dwelling - 08/02096/REM - REFUSED on appeal on the following grounds:- "1. The dwelling would be sited unsatisfactorily close to the fence at the rear of the plot, resulting in a cramped appearance and inadequate amenity space. 2. The details of landscaping, including the boundary treatment, are in inadequate. 3. The layout of the access is not of appropriate domestic scale, and would add unnecessarily and undesirably to the visual impact of the development."

4.6 Reserved Matters application to erect a dwelling - 08/00326/REM - REFUSED on appeal on the following grounds:- "The details of reserved matters for which approval is sought would not be satisfactory, particularly in respect of siting, design, internal layout and landscaping."

4.7 Approval in principle for the erection of a dwelling - 07/00375/A - APPROVED

5.0 REPRESENTATIONS 5.1 Lezayre Parish Commissioners have recommended a refusal (on 11.04.2017). They comment the long planning history of the site included Condition 5 (PA 15/01134/B) which required; "The Tholtan building shall be restored, in accordance with details which shall first be submitted to and approved in writing by the Department, or removed within a period of four years from the date of first occupation of the property."; The Commissioners draw attention of the appeal document for PA 09/1719/REM where the applicants indicated their intentions for the Tholtan for purposes incidental or ancillary to the residential use if the dwelling; the applicant should develop the Tholtan as previously indicates for storage and stabling ancillary to the dwelling; it should not be converted into a dwelling which will create further drainage requirements and additional parking on the site; unclear of its future use; if approved the Commissioners would suggest conditions are in place to restrict the use of the Tholtan only incidental or ancillary to the main dwelling house.

5.2 Highways Division do not oppose (received on 31.03.2017) making the following comments: "The proposal is to alter and extend an existing tholtan located in the grounds of a new dwelling. The 2 dwellings will share the same access that was approved under PA 15/01134/B.

Highway Services does not oppose this application subject to the following condition:

Prior to the occupation of any dwelling the car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.

Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety."

5.3 The owner/occupier of Allandale Farm, Ballamanagh Road, Sulby (on 30.03.2017) has concerns of drainage in the site and given the drainage ditch to the rear of site has been filled in and I don't feel that the land drains that are in the ground and the drains that are planned to be put in for surface water will be sufficient to stop the overflow on to my property; if the drainage concerns are dealt with I would have no concerns whatsoever with the application next door to me.

6.0 ASSESSMENT

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6.1 Given the original use of the property being a tholtan (i.e. dwelling), Housing Policy 13 is considered to be most relevant in the determination of the applicant.

6.2 In relation to HP 13 the policy requires that the building is substantially intact with at least three walls up to eaves level standing. The property has all four walls up to eaves level and has a roof. A structural report has been included and concludes the building is structural capable of conversion. It is therefore considered the proposal complies with this aspect of the policy. It is also highly relevant that a previous decision included a direction that the tholtan be restored, albeit that the time limit given has since expired.

6.3 There is an existing access to the property via the recently created new driveway and entrance onto the Ballamanagh Road which would be shared with the main dwelling house.

6.4 The site is also adjacent to a number of residential properties in the area and can be provided with water and of electricity.

6.5 HP 13 indicates that; "extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space(3) measured externally, the extension measures less than 50% of that of the original)." In terms of the existing property, it has a floor area of 122.5 square metres. The proposed extensions equate to a total of 20.5 square metres, resulting in a total floor area of 143 square metres which is a 17% increase over the existing floor area. Accordingly, in terms of percentage increase the proposal complies with the policy.

6.6 Arguably, more important is whether the extension fits with the character and appearance of the existing building. In this case it is considered the form, size, siting, finish and design are all appropriate and would be clearly a subordinate extension and fits well with the existing property and the countryside.

6.7 Overall, it is considered the proposals meet the requirements of Housing Policy 13, it is considered the proposal would be acceptable in this case, on this site.

6.8 In relation to the potential visual impacts the main policy to be considered is Environment Policy 1 given the site is within an area of countryside. This policy essentially indicates that development which would adversely affect the countryside will not be permitted. The rear of the tholtan which is currently apparent and due to its present condition does not add to the quality of the countryside, would be improved and repaired by the development, while not significantly increasing the amount of built development on the site. There was concern with the proposed roadside boundary fencing as it was considered such would be inappropriate in the countryside setting. Accordingly, the Department asked the applicant whether a hedgerow and/or small wall, ideally stone/brick to match the tholtan could be undertaken instead. The applicants have no objection to this suggestion. Accordingly, a condition should be attached requiring a further drawing which shows this road side boundary treatment. Overall, it is considered the overall development would be of benefit to the countryside and comply with EP 1.

6.9 In terms of concerns of drainage issues these would be dealt with at any subsequent Building Regulation stage, which would consider whether the drains (surface/foul water) can accommodate further development. This is not a material planning matter which can be considered.

6.10 In terms of the Commissioners' comments that the applicants' intention was to use the tholtan ancillary or incident to the main dwelling (i.e. storage/stable), while they are correct that the applicants state this in their appeal statement in 2009, the application under consideration now is to convert the tholtan into a dwelling and the test of the acceptability of this application is whether the proposal complies with the relevant planning policies and not what the applicants' previous intentions where.

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7.0 RECOMMENDATION 7.1 Overall, it is considered the proposal would be an appropriate level of development which would have no significant impacts upon private or public amenities of the area. It is therefore recommended that the application be approved.

8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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 Services of the Department of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated.

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 accordance 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 considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

The owner/occupier of Allandale Farm, Ballamanagh Road, Sulby

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 05.06.2017

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.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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

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

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C 3. 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 fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.

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

C 4. No development shall take place until full details of both soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include planting to the road side boundaries. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved sheltered apartments, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. The hard landscaping should include details of the surface finish of the driveway and footpaths around the Tholtan as well as any walls along the road side boundary. The hard landscaping works shall be completed in full accordance with the approved details prior to the first use of the dwelling.

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

C 5. For the avoidance of doubt no approval is hereby given for the use of timber fencing along any part of the roadside boundary (south-east).

Reason: In the interest of the visual amenities of the countryside.

N 1. For clarification, the residential curtilage of the whole site does not include the paddock area to the north-west of the main dwelling house on the site as indicated under application PA 15/01134/B. No permission is hereby granted to the use of the paddock area for residential purposes and this must remain in agricultural use i.e. keeping/grazing of horses.

This approval relates to drawings reference numbers 829.01 and 829.02 all received on 3rd March 2017.

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: 03.07.2017

Signed : Miss Corlett Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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PLANNING COMMITTEE DECISION 03.07.2017

Application No. :

17/00260/B Applicant : Mr Mark Bibby & Ms Joanne Christian Proposal : Renovation and extension of Tholtan to create ancillary living accommodation Site Address : Land Adjacent To Allandale Farm Ballamanagh Road Sulby Isle of Man

Presenting Officer : Miss Corlett

Addendum to the Officer’s Report

The Planning Committee approved the application at its meeting of 3rd July, 2017. The Committee sought to attach a condition which requires that the accommodation hereby approved may be used only as such ancillary to the occupation of the main house within the same site, partly as the application shows the curtilage of the new dwelling being the same as that of the main house but also as the proposed dwelling would appear to have a limited area immediately alongside it for amenity space and may rely upon the main house for such facilities.

The Committee also indicated that the condition recommended by Highway Services should be attached along with a note to recommend that the applicant seek the advice of professional regarding the disposal of surface water from the site, reflecting the concerns raised by the local authority and the owner of neighbouring land.

The Committee also directed that the description of the development be changed to acknowledge the creation of a residential unit here (no reference is made to the change of use of the tholtan which currently has no use, to residential) and that it will be ancillary to the occupation of the main house.

Conditions of Approval

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. 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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

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

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

C 5. For the avoidance of doubt no approval is hereby given for the use of timber fencing along any part of the roadside boundary (south-east).

Reason: In the interest of the visual amenities of the countryside.

C 6. Prior to the occupation of the dwelling, the car parking and manoeuvring areas shown on plan reference 829.02 shall be provided and remain free from obstruction thereafter.

Reason: To ensure that the Strategic Plan car parking standards are met in the interest of highway safety

C 7. The accommodation hereby approved may be used only as such ancillary to the occupation of the main house within the same site as defined on the approved plans and may not be let or sold off separately.

Reason: The proposed dwelling shares the same curtilage as the main house on the plans proposed and it is not demonstrated from these plans that the proposed dwelling would have a sufficient curtilage of its own to provide satisfactory levels of amenity space.

N 2. The applicant is recommended to seek professional advice regarding the disposal of surface water from the site.

This approval relates to drawings reference numbers 829.01 and 829.02 all received on 3rd March 2017.

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Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.