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Application No.: 19/00966/B Applicant: Mr Christopher Kelly Proposal: Variation of condition one of PA 14/01420/B, Refurbishment of existing farmhouse and barns with link extension to create a dwelling with guest annexe and detached garage, to extend the period of permission by four years Site Address: Croit E Kirkjufal Ballakillowey Road Colby Isle Of Man Planning Officer: Mr Paul Visigah Photo Taken: 24.09.2019 Site Visit: 24.09.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.10.2019 _________________________________________________________________
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.
The development shall be undertaken strictly in accordance with the mitigation for loss of lizard habitat shown in Drawing No. 6. The identified measures shall be adhered to and implemented in full and maintained thereafter.
Reason: The site is in an area where new dwellings are not normally approved nor considered suitable on this site; however, it is accepted such accommodation is incidental to the use of main dwelling house.
N 1. Common lizards are listed on Schedule 5 of the Wildlife Act 1990; they are protected by law and it is an offence:
This permission relates to the following plans and drawings, date stamped as received 2 September 2019:
_______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE
1.1 The site is the curtilage of Croit E Kirkjufal which is an abandoned and derelict dwelling located on the eastern side of the Ballakillowey Road and north-west of Colby Village. Within the site are three existing detached buildings, the traditional two storey Manx farmhouse, a single storey stone barn and a two storey stone barn. - 1.2 The site is currently accessed via an entrance to the southwest of the farmhouse. - 1.3 The buildings on the site can be seen from the Sloc Road (A36). The views of them are from a number of locations to the north and south of the site, being distant views and views immediately adjacent to the site given the A36 runs immediately adjacent and along the western boundary of the site. THE PROPOSAL
2.1 The current application seeks approval for the variation of Condition 1 of PA 14/01420/B by extending the approval for a further four years. PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the South as Open Space not designated for development and within a wider area of Uplands on the Landscape Character Appraisal. The Area Plan contains the following advice on the landscape policies:
3.2 Landscape Strategies and Key Views for the South Southern Uplands (A2) The overall strategy for the area is to conserve and enhance the character, quality and distinctiveness of the open and exposed character of the moorland, its uninterrupted skyline and panoramic views, its sense of tranquillity and remoteness and its wealth of cultural heritage features. Key Views
3.5 Housing Policy 11 states: "Conversion of existing rural buildings into dwellings may be permitted, but only where:
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."
3.6 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:
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(3) measured externally, the extension measures less than 50% of that of the original)."
4.1 Aforementioned the 2014 application PA 14/01420/B for Refurbishment of existing farmhouse and barns with link extension to create a dwelling with guest annexe and detached garage.
4.2 "C1. This condition relates to the commencement of the approved development to comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013, in order to avoid the accumulation of unimplemented planning approvals, as shown in drawing reference 02, 03, 04, 02 SURVEY all received on 12th December 2014, drawings reference numbers 01, 05A and 06 all received on 24th February 2015 and Structural Report received on 3rd March 2015".
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in the letter dated 18 September 2019.
5.2 DEFA's Biodiversity Officer (received on 26 September 2019): A short section of sod bank is proposed for removal to create visibility splays and common lizards, a legally protected species, have been recorded in the vicinity. The Ecosystem Policy Team welcomes the inclusion of suitable common lizard habitat in the sod bank shown in Drawing No. 6 as mitigation. The drawing also states that the bank will be removed gradually in 2m lengths to allow the lizards to relocate. As well as removing the bank in short sections the Ecosystem Policy Team recommends the inclusion of additional Reasonable Avoidance Measures to ensure the protection of the lizards and these should be secured through a Condition.
Should the application be granted permission the Ecosystem Policy Team recommends the following conditions: Prior to commencement of the development a mitigation plan detailing Reasonable Avoidance Measures for the protection of the lizards during the removal of the sod bank will be submitted to the Planning Directorate for written approval (please consult with the EPT). The development shall be undertaken strictly in accordance with the mitigation detailed.
The development shall be undertaken strictly in accordance with the mitigation for loss of lizard habitat shown in Drawing No. 6. The identified measures shall be adhered to and implemented in full and maintained thereafter.
We also recommend the following informative is provided: Common lizards are listed on Schedule 5 of the Wildlife Act 1990; they are protected by law and it is an offence:
5.3 Rushen Commissioners have stated that they support the application in a letter dated 19 September 2019. ASSESSMENT - 6.1 The application is to vary a condition that seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional four years to Condition 1 of PA 14/01420/B.
6.2 The principal issue in the assessment of this application is whether there have been any material planning matters (e.g. policy changes / land used designations / Local Plan adoption / new or altered legislation, and so forth) that have changed since the approval of the last application.
6.3 Since the initial approval there have been no material planning changes which have arisen. The Isle of Man Development Order 1982 and the Isle of Man Strategic Plan 2016 have not been superseded and therefore continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. No new legislation has been brought into force and no objections have been received. - 6.4 The reasoning for the time period of all applications is to ensure planning applications cannot have everlasting permissions, and either the applicant needs to commence development or seek a variation of condition to extend the period be submitted. This process to potentially extend the original period is to re-assess whether there have been any changes in local plan/planning policies and/or any other material planning matters. As indicated above there have been none since the last approval. - 6.5 Discussions where had in terms of the removal of a short section of the sod bank bordering the property to create visibility splays; an area where common lizards, a legally protected species, have been recorded to reside. As such, the Ecosystem Policy Team would welcome the inclusion of suitable common lizard habitat in the sod bank shown in Drawing No. - 6 as well as removing the bank in short sections to ensure the protection of the lizards via a Condition, should the application be approved. It is considered the new application gives the opportunity for a 'Mitigation Plan' detailing 'Reasonable Avoidance Measures' for the protection of the lizards during the removal of the sod bank to be submitted to the Planning Directorate for written approval as the application seeks to fulfil Condition 8 of the approved in 2015.
6.7 As there are no changes proposed, the above assessment remains valid and the proposal is considered to be satisfactory, subject to the addition of the condition requiring the submission of the Mitigation Plan discussed above. RECOMMENDATION - 7.1 Overall, it is considered the proposal would comply with General Policy 3, Environment Policy 2 and Housing Policy 11 & 13 of the Isle of Man Strategic Plan and therefore it is recommended that the application be approved. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 15.10.2019 Determining officer
Signed : C BALMER Sarah Corlett Principal Planner
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