174298

==== PAGE 1 ====

                                      19/00332/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/00332/B Applicant : Mr James R Stevenson Proposal : Conversion of part of dwelling to create separate, self-contained living accommodation. Site Address : Clyeen Douglas Road Kirk Michael Isle of Man IM6 1AU

Principal Planner: Miss S E Corlett Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 09.07.2019 __

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.

Plans/Drawings/Information:

This approval relates to drawings 100, 102 and 003 all received on 22nd March, 2019.

__

Interested Person Status - Additional Persons

none __

Officer’s Report

THE SITE 1.1 The site is part of the residential curtilage of Clyeen, a detached dwelling situated to the east of the TT Course (A3) to the south of Kirk Michael. The property sits in a rural area with a number of trees around it. The curtilage is sizeable but appears as if it is managed in a domestic fashion, with what looks like a trampoline, or circular feature within the part where the proposed structure is to be located.

==== PAGE 2 ====

                                      19/00332/B                                     Page  2  of  4

1.2 The buildings are some distance (over 200m) from the public highway and not visible therefrom, screened by topography and roadside trees and no public footpaths nearby.

1.3 The red line area is part of that which is shown in 19/00330/B which proposes the erection of a car port for the dwelling.

THE PROPOSAL 2.1 Proposed is the subdivision of the residential curtilage as shown with the red and blue lines on the application drawings, and the creation of a separate unit of accommodation in part of the existing dwelling which currently accommodates a lounge and store with void above and lounge gallery with the ground floor accessible from the main house through stairs from the inner hall. This part of the property also accommodates a conservatory which is to be retained as part of the new unit.

2.2 The application describes the work as "separation of the existing main house and attached barn to provide residential annexe", however, the works have been described as "creation of ancillary accommodation". The proposal effectively severs part of the existing dwelling and creates a self-contained unit of accommodation with its own curtilage but sharing the means of access with the rest of the house and the detached barn to the south east. The description of the development should be amended to read: conversion of part of existing dwelling to form separate, self-contained living accommodation.

2.3 The applicant provides clarification of the reason for the works, explaining that the owner of the property seeks to put his affairs in order and wishes to leave part of the residential property including the barn alongside which is the subject of 19/00333/C, to each of his three children. The works would involve the sealing up of the access door and they describe the barn as having been capable of being occupied separately in the past due to this limited link with the main house. The accommodation could also be used for an independent carer to live in.

PLANNING POLICY 3.1 The site is not designated for development on the Isle of Man Planning Scheme (Development Plan) Order 1982 and is within an area of High Landscape Value and Scenic Significance. As such, there is a presumption against development as set out in Environment Policies 1 and 2 where the protection of the countryside for its own sake and of its character and appearance are paramount considerations and General Policy 3.

3.2 There is provision for the conversion of existing buildings in the countryside which are of historic, architectural or social interest, where the building is redundant and where the building can be converted without significant or adverse change to the appearance and character of the building (Housing Policy 11 which succeeded Planning Circular 3/89 which made similar provisions).

PLANNING HISTORY 4.1 The site has been the subject of a number of previous applications for alterations and works to the existing barn to the south, creating tourist accommodation therein. There are two concurrent applications for the creation of a car port (19/00330/B) and the change of use of the tourist accommodation to residential (19/00333/C).

4.2 The main house has been the subject of applications for sunrooms, extensions, conservatory and oil tank, none of which is relevant to the current proposal. The more recent applications for alterations (99/01987/B and 00/01952/B) both show the layout as it currently exists in respect of the part of the house to which the current application refers. The earlier applications (IDOs 36693, 45294 and 54305) include only part floor plans which do not include this part of the dwelling. It would appear from this that this part of the dwelling has been

==== PAGE 3 ====

                                      19/00332/B                                     Page  3  of  4

incorporated as such for a considerable amount of time and was not approved for conversion to such at any time.

4.3 Planning approval was refused for the erection of a farm worker's dwelling under 10/00820/A on the basis of a lack of demonstrable agricultural need.

REPRESENTATIONS 5.1 There are no representations on file at the time of writing.

ASSESSMENT 6.1 The proposal would effectively create a further dwelling on the site which would be contrary to the Strategic Plan policies which presume against the creation of dwellings in the countryside and which support sustainable development. This site lies outwith an established settlement and as such, would not be a place where more residential development is supported. The desire to leave property to family is not sufficient justification for setting aside this policy.

6.2 However, the current house appears as a dwelling which has attached at the rear, a building which was not originally domestic and which looks completely different to the house, almost like an outbuilding or barn which has been attached to the main house and the accommodation absorbed within it. In such cases, the conversion of old fabric of interest would be considered positively under Housing Policy 11. Whilst the proposal does not involve the conversion of the whole of the outbuilding part of the house to a single dwelling, its conversion to a form of residential use is not considered to be contrary to the SP as it would comply with HP 11. Whilst this part of the house has had its original architectural and historical character compromised by modern conservatory extensions, the principle would still apply to the main core.

CONCLUSION 7.1 The proposal is considered to accord with HP11 and is supported.

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: (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) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. __

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: 10.07.2019

==== PAGE 4 ====

                                      19/00332/B                                     Page  4  of  4

Determining officer

Signed : C BALMER

Chris Balmer

Principal Planner

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.