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                                                 16/00948/A
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 16/00948/A Applicant : Mr John & Mrs Jeanette Craster Proposal : Approval in principle to erect a detached dwelling with detached garage addressing matters of siting and means of access Site Address : Barn Cottage Bollyn Road Ballaugh Isle of Man

Case Officer : Miss Abigail Morgan Photo Taken : 11.01.2017 Site Visit : 11.01.2017 Expected Decision Level : Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE

1.0 SITE 1.1 The application site is Barn Cottage, Ballakeoig, Bollyn Road, Ballaugh and its associated curtilage. Located on the eastern side of the Bollyn Road and west of The Cronk the site consists of a single storey detached building and a single storey detached workshop, both of which are located directly on the back edge of the highway.

1.2 The general pattern of development in the immediate area of the application site is linear following the road with buildings on/close to the road side. As you move further along The Cronk the pattern changes to individual dwellings set back from the road in fairly large grounds. The topography is gently rolling, facilitating glimpsed distant views across the sea to the west. Further to the east, the topography slopes more steeply upwards.

1.3 The application states that the current building on site is an existing cottage and ancillary buildings. From the site visit it appears that no one is living in the building and it is currently being used for storage.

1.4 The land to rear of the site has numerous agricultural vehicles and paraphernalia on it.

2.0 PROPOSAL 2.1 The application seeks approval in principle for the demolition of the existing buildings on site and the erection of a detached dwelling (150 sqm footprint) with a detached garage. All matters except siting and access are reserved.

2.2 While seeking an approval in principle the accompanying statement provides some detail about the proposed design and materials - north elevation (facing the road) a mixture of natural stone, wood cladding and natural slate, the remainder to be rendered with glass elevations. Also proposed is the reinstatement of a sod bank along the roadside on removal of the existing buildings.

2.3 In further support of the proposal the applicants have submitted an email of 02.09.16. In which they have drawn attention to several other permitted buildings, catering company in Bride and personal sports hall in Douglas, which do not fit with their surroundings and state that what they are proposing is a sympathetic house for themselves to live in and bearing in mind the other applications they believe what they are proposing is realistic and would be of great benefit to the

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area. Also that they have been advised by someone in the locality that there would be local support for their proposal.

3.0 PLANNING POLICIES 3.1 The site is zoned under the Isle of Man Development Plan Order 1982 as being "white land"; the site is within an area zoned as High Landscape Value or Costal Value and Scenic Significance.

3.2 There is a general presumption against the development of new housing outside existing settlements, as set out in the Strategic Aim, Strategic Policies 1c, 2 and 10, Spatial Policy 5, General Policy 3, Environment Policy 1 and Housing Policy 4, while other policies allow the conversion of buildings to dwellings and replacement dwellings, Housing Policies 11 and 12-14, where conversion or retention can improve the appearance of what might otherwise become derelict, some of these are referred to in full below;

"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: (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 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."

Housing Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.

"Housing Policy 11: Conversion of existing rural buildings 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; (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.

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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."

Housing Policy 12: The replacement of an existing dwelling in the countryside will generally be permitted unless: (a) the existing building has lost its residential use by abandonment; or (b) the existing dwelling is of architectural or historic interest and is capable of renovation. In assessing whether a property has lost its habitable status(1) by abandonment, regard will be had to the following criteria: (i) the structural condition of the building; (ii) the period of non-residential use(2) or non-use in excess of ten years; (iii) evidence of intervening use; and (iv) evidence of intention, or otherwise, to abandon.

Housing Policy 13: 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 made available from existing services within the highway. 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 measured externally, the extension measures less than 50% of that of the original).

Housing Policy 14: Where a replacement dwelling is permitted, it must not be substantially different to the existing in terms of siting and size, unless changes of siting or size would result in an overall environmental improvement; the new building should therefore generally be sited on the "footprint" of the existing, and should have a floor area, which is not more than 50% greater than that of the original building (floor areas should be measured externally and should not include attic space or outbuildings). Generally, the design of the new building should be in accordance with Policies 2- 7 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for buildings of innovative, modern design where this is of high quality and would not result in adverse visual impact; designs should incorporate the re-use of such stone and slate as are still in place on the site, and in general, new fabric should be finished to match the materials of the original building. Consideration may be given to proposals which result in a larger dwelling where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact.

Environment Policy 1: 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

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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.

Environment Policy 2: 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."

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

4.2 Conversion of building into dwelling - 11/00570/B - APPROVED, subject to conditions. The proposal was considered to comply with Housing Policy 11 of the Strategic Plan 2007.

4.3 Conversion of derelict building to a dwelling with internal and external alterations - 10/00891/B - REFUSED on the following grounds:- 1. "The proposed access would not give the required visibility in a northern direction when exiting the site. Accordingly, the proposal would result in a significant adverse impact upon highway safety to the detriment of the pedestrian and vehicular users."

4.4 Approval in principle for the erection of a detached dwelling - 07/00151/A - REFUSED on the following grounds:- 1. "The planning application is unacceptable by reason that:

a) the proposed development is contrary to the zoning of the application site under The Isle of Man Development Plan Order 1982, which designates the application site as being outside of an area designated for residential development; and

b) the proposed development is contrary to the provisions of Planning Circular 1/88 (Revised) - Residential Development - Houses in the Countryside, which sets out a general presumption against new residential development in the countryside."

4.5 Approval in principle for erection of dwelling - 90/00912/A - REFUSED

5.0 REPRESENTATIONS 5.1 Ballaugh Parish Commissioners - No objection. 19.09.16.

5.2 DEFA Forestry have recommended if approved the following condition should be attached to require the reserved matters to include the following; o Tree survey - as per BS5837:2012 Section 4 o Tree constraints plan - as per BS5837:2012 Section 5 o Tree protection plan - as per BS5837:2012 Section 5 & 6

5.3 DOI Highways Division - The proposal is to demolish an existing run down dwelling and replace it with a new dwelling and a detached garage.

The application is for approval in principle addressing means of access, however no information has been provided to enable an assessment of the proposal to be carried out. A drawing to an appropriate scale that indicates the location of the garage in reference to the existing highway indicating the visibility that can be achieved over land within the applicant's control from a point

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                                                 16/00948/A
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2.4m back from the edge of carriageway to the near side carriageway edge in both directions is required.

The existing buildings are located directly adjacent to the highway very close to the lane and restrict visibility for vehicles exiting the lane, and obscure vehicles waiting to exit the lane from oncoming traffic. The garage should be located such that it does not interfere with the visibility for traffic using the adjacent lane.

The application should be deferred to allow the applicant to consider the above matters. 13.09.16.

6.0 ASSESSMENT 6.1 The main issue in this case is whether the proposal accords with policy and whether there are other material considerations that justify the granting or refusal of planning approval.

6.2 In essence this application is seeking approval for a replacement dwelling where the dwelling being replaced was considered to comply with Housing Policy 11 (HP11), as suitable for conversion into a single dwelling.

6.3 It would seem perverse to approve the conversion of a building where it was considered to be of architectural, historic or social interest (HP11 (c)) and then allow its replacement under Housing Policy 12(HP12) which states 'the replacement of an existing dwelling in the countryside will generally be permitted unless (b) the existing dwelling is of architectural or historic interest and is capable of renovation'. Notwithstanding this both a replacement dwelling and the principle of a new dwelling on the site are also considered.

POLICY AND THE CONTROL OF DEVELOPMENT IN THE COUNTRYSIDE 6.4 The site is situated in the countryside where development is strictly controlled and the land is not zoned for residential use. The Strategic Plan sets out the strategic and spatial aims of Government and there is a general presumption against the development of new housing outside existing settlements.

6.5 General Policy 3 (GP3) sets out the exceptions where development may be allowed in the countryside and Housing Policy 4 (HP4) states that new housing will be located primarily within existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans. Otherwise, the policy states that new housing will be permitted in the countryside only in exceptional circumstances including, essential housing for agricultural workers, conversion of redundant buildings and the replacement of existing rural dwellings and abandoned dwellings in accordance with various housing policies 12-14. The proposal does not accord with any of these exceptional circumstances/criteria and is contrary to policies GP3. Thus, normally, a new dwelling would not be allowed on this site purely on the basis of policy.

6.6 Turning to the requirements of HP4, Housing Policy 14 (HP14) is the starting point for the consideration of a replacement dwelling in the countryside.

6.7 Where a replacement dwelling is permitted it is important that they should relate closely to the buildings they replace in terms of siting and size, that the resulting visual impact is appropriate for the countryside and that existing materials are reused, unless a change of siting or size would result in an overall environmental improvement.

6.8 In terms of siting the proposed dwelling is not considered to comply with the requirements of HP4 as it is removed from the footprint of the existing building and it is substantially larger. The main test for changes to siting and size is that the proposal would result in an overall environmental improvement. There is some agricultural/commercial paraphernalia in the field which would be removed and as such could be seen as an environmental improvement. In this instance the barn building was considered suitable for conversion to residential on the basis of it's architectural merit

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(HP11), consequently when assessed against the loss of the barn building any environmental improvement is considered insufficient to weigh in favour of the proposal.

6.9 Environment Policy 2 (EP2) and HP 4 also makes provision for development in the countryside subject to certain criteria. These include the assessment of the likely visual impact of the development (effect on character and appearance) and the effect on the quality of the landscape or where the development would result in an overall environmental improvement. The latter has been dealt with above.

THE EFFECT OF THE PROPOSAL ON THE CHARACTER AND APPEARANCE OF THE AREA 6.10 Generally speaking as the application is for an 'approval in principle', there is usually little to assess in terms of impact on visual amenity. However the application does confirm siting and also gives a description of a two storey building and the materials proposed.

6.11 In terms of siting the proposed dwelling is not considered to comply with the requirements of HP4 as it is removed from the footprint of the existing building and it is substantially larger. The general pattern of development in the immediate area of the application site is linear following the road with buildings on/close to the road side. The proposed location of the dwelling would push development further into the open countryside. Viewing the site from a southerly direction coming along Bollyn Road the proposal would be seen against the background of open countryside while from a northerly direction it would be seen against the backdrop of trees and woodland.

6.12 EP2 states that 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. The topography surrounding the application site is fairly flat and open. Based on the information supplied, the location, height and proposed materials, it is considered that the proposal would adversely affect the character of the landscape and the character and appearance of the area.

ACCESS 6.13 Highways have made comments regarding insufficient information and the proposed position of the garage impacting on visibility of the adjacent farm lane. In this instance this information was not requested from the applicant as the overall proposal was considered unacceptable. As such there is a reason for refusal relating to inadequate information.

6.14 In any event the current access was considered acceptable under the previous application 11/00570/B, for the barn conversion and the proposed garage is on the footprint of the existing building so it would be no worse than the current situation. Having discussed this with the applicants, as the proposal is demolition of both buildings satisfactory visibility could be achieved on site and the garage could go anywhere on the site.

CONCLUSION 6.15 Having regard to the material considerations of the planning history of the site and the details provided as part of the proposals and all other matters raised, it is considered that the balance of considerations do not weigh in favour of granting planning permission.

6.16 While some of the issues raised as a replacement dwelling could be addressed, such as design, siting and access and reduce conflict with certain policies such as HP14 and EP1 and 2, the main consideration turns on the heart of HP 11 which is how a dwelling came to be on the site in the first instance. HP 11 encourages conversion of buildings into dwellings where they are considered to be of sufficient quality or interest to warrant its retention and reuse and where this is the case it would not be appropriate to allow its replacement.

7.0 RECOMMENDATION

7.1 On the basis of the above it is recommended the application be refused.

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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 (d) 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.

Recommendation

Recommended Decision:

Refused Date of Recommendation: 16.01.2017

R 1. The erection of a dwelling on the proposed site which is located within an area not designated for development would be contrary to established planning policies aimed at protecting the Manx countryside and directing new residential development to locations that accord with sustainable development principles. For these reasons the proposal would be contrary to Spatial Policy 4, General Policy 3, Environmental Policies 1 & 2 and Housing Policy 4 of the Isle of Man Strategic Plan.

R 2. The application contains insufficient information to adequately assess the proposed access arrangements and whether or not it would give the required visibility or adversely affect the safety and flow of users of the existing road network.

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 : Refused

Committee Meeting Date: 23.01.2017

Signed : Abigail 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).

Signatory to delete as appropriate YES/NO See below

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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.

PLANNING COMMITTEE DECISION 23.01.2017

Application No. :

16/00948/A Applicant : Mr John & Mrs Jeanette Craster Proposal : Approval in principle to erect a detached dwelling with detached garage addressing matters of siting and means of access Site Address : Barn Cottage Bollyn Road Ballaugh Isle of Man

Presenting Officer : Miss Abigail Morgan

Addendum to the Officer’s Report

Reason for refusal 1 was amended to include reference to Housing Policy 12.

Reason for Refusal/Conditions of Approval Delete as appropriate

R 1. The erection of a dwelling on the proposed site which is located within an area not designated for development would be contrary to established planning policies aimed at protecting the Manx countryside and directing new residential development to locations that accord with sustainable development principles. For these reasons the proposal would be contrary to Spatial Policy 4, General Policy 3, Environmental Policies 1 & 2 and Housing Policies 4 and 12 of the Isle of Man Strategic Plan.

R 2. The application contains insufficient information to adequately assess the proposed access arrangements and whether or not it would give the required visibility or adversely affect the safety and flow of users of the existing road network.