Officer Planning Report

Application No.:	12/00885/A
Applicant:	John Potts
Proposal:	Approval in principle for conversion of existing stables to ancillary living accommodation
Site Address:	Ballahowin Orrisdale Kirk Michael Isle Of Man IM6 2HP

Officer's Report

The Site

1. The site is the residential curtilage of Ballahowin, an existing dwelling situated in mature landscaped grounds on the north eastern side of the Orrisdale Road. Access into the site is through a heavily hedged curved driveway which, together with the trees and shrubs, completely screen the dwelling from the public highway.

1. The main house is set back from the road by 80m. Beyond that there is a planted garden and two small paddocks with three stable type buildings.

1. The building which is the subject of this application is single storey with a garage door towards the northern end, a deep overhanging eaves across the stable part with three stable doors and three small windows on the front elevation facing east. There is a door in the side (southern) elevation and the building is painted green. with a brown tiled roof.

The Proposal

1. Proposed is the principle of the conversion of the stable building into ancillary accommodation. The applicants have parents who visit the Island and in advancing years require increasing levels of care and would benefit from being able to stay at Ballahowin but with their own accommodation.

1. No information is provided in respect of access but there is only one access into the site, past the main house with parking available alongside the parking for Ballahowin.

Planning Status And Policy

1. The site lies within an area of Woodland within a wider area of High Landscape Value and Scenic Significance. The site also lies close to two Ancient Monuments (Tumulus and a Cairn Circle) and within a wider area of archaeological interest.

1. As such, there is a presumption against development as set out in General Policy 3 and Environment Policies 1 and 2. The conversion of buildings to dwellings is provided for at Housing Policy 11 which states:

"Conversion of existing rural buildings into dwellings may be permitted but only where,

Case Officer:	Miss S E Corlett
Photo Taken:
Site Visit:	24.04.2012
Expected Decision Level:	Officer Delegation

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 plans; and f) the building is or can be provided with satisfactory services without unreasonable public expenditure.

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 building of similar, or even identical form.

Further extension of converted buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character."

Planning History

1. Planning permission was sought for the following developments at this site:

PA 08/01182/A - approval in principle for the erection of a dwelling Status - Refused

The site of this proposed dwelling lies to the north of the application building.

PA 99/00809/B - Erection of agricultural building, Ballahowin, Orrisdale Road, Michael. Status - Permitted

PA 98/01222/B - Erection of agricultural building with vehicular access, Ballahowin, Orrisdale Road, Michael. Status - Application Refused on Review

PA 98/00861/B extension to dwelling, Ballahowin, Orrisdale Road, Michael. Status - Permitted

PA 96/01084/B - erection of agricultural building, Ballahowin, Orrisdale, Kirk Michael. Status - Permitted

PA 96/00161/B - alterations to existing drive entrance, Ballahowin, Orrisdale Road, Kirk Michael. Status - Refused

PA 96/00103/B - (A) alterations to dwelling, and (B) erection of an agricultural building, Ballahowin, Orrisdale Road, Kirk Michael. Status - Permitted

PA 90/01440/B - alterations & extensions and construction of new stable block, Ballahowin, Orrisdale, Michael. Status - Permitted

Representations

1. Michael Parish Commissioners indicate that they do not oppose the application.

1. Highways Division indicate that there should be dedicated parking for the new accommodation but that the proposal meets the Department's highway standards.

1. The Manx Electricity Authority seeks consultation regarding the provision of an electricity supply to the property.

Assessment

1. The property is not of any acknowledged social, architectural or historical interest and as such cannot be said to comply with any of the Strategic Plan policies for re-use of existing buildings in the countryside. As such the proposal would be contrary to the established policies to resist the creation of new dwellings outside of established settlements as set out in Housing Policy 4. Whilst the applicant has indicated that the proposed accommodation would be ancillary to that of the main dwelling, the building is detached and some distance from the main house, with its own garden and amenity space and would not be taken to be truly ancillary in the planning sense of the term as it would not rely upon the main dwelling for any of its facilities.

1. The existing dwelling and the proposed accommodation would share an access which would not be particularly convenient if the two units were not associated with each other, due to the length, width and limited forward visibility of the driveway. However, this would be the only constraint on the two properties being occupied completely separately.

1. There are other examples of applications to convert stabling into living accommodation in the north of the Island – PA 04/1457 at Smeale Road and 06/1939 at Amisfield, St. Jude's. Whilst both applications were considered under the provisions of Planning Circular 3/89 which was the precursor of Housing Policy 11, both concluded that the buildings, which were modern stables, did not comply with the policy and both applications were refused. Approval of this latest application would conflict with these decisions.

1. Whilst the applicant indicates that had his application for the erection of a log cabin been approved in 2008 (PA 08/1182) his need for accommodation now would have been satisfied, this ignores the fact that that application was also in breach of the Department's policy against development in the countryside and there is little in the application to justify setting aside the policy against the creation of new dwellings outside existing established settlements.

1. For these reasons the application is recommended for refusal.

Party Status

1. The local authority, Michael Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

1. The Manx Electricity Authority does not raise material planning considerations and as such should not be afforded party status in this case.

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

R 1.

The property is not of architectural, social or historical interest and as such could not comply with the provisions of Housing Policy 11. As such, there is no provision within the Strategic Plan for the creation of a dwelling through the conversion of the dwelling to a self-contained unit, albeit intended as ancillary accommodation to the main dwelling, and the proposal would be contrary to General Policy 3.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made: Refused Date: 24/7/12

Determining officer (delete as appropriate)

Signed: Anthony Holmes Senior Planning Officer

Signed: Michael Gallagher Director of Planning and Building Control

Signed: Sarah Corlett Senior Planning Officer

Signed: Jennifer Chance Development Control Manager