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Application No.: 24/00537/C Applicant: Mr & Mrs David Keating Proposal: Change of use of existing ancillary accommodation and parts of the existing garden to a dwellinghouse and a self-contained tourist accommodation Site Address: Moaney Woods Cottage Lonan Church Road Laxey Isle Of Man IM4 7JX Planning Officer: Peiran Shen Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 05.09.2024 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: In the interests of the character and appearance of the development and to ensure that the finished appearance of the development will enhance the character and visual amenities of the area.
This application has been recommended for approval for the following reason.
It is considered that the proposal passes the requirement within Housing Policy 11 and Business Policy 12 to be accepted as an exception to General Policy 3. The proposal would not give rise to an unacceptable impact on neighbouring amenities, parking provisions or impact on highway safety. The proposal is considered to comply with General Policy 2, General Policy 3, Housing Policy 11, Business Policy 13, and Transport Policy 7 of the Strategic Plan.
Plans/Drawings/Information;
This approval relate to the documents, planning statement and drawing no. 02 which have been received on 8th May 2024 and drawing no. 01 rev A, which has been received on 9th August 2024.
_______________________________________________________________ Interested Person Status
None ___________________________________________________________________
THIS APPLICATION IS REFFERED TO THE PLANNING COMMITTEE BECAUSE IT IS RECOMMENDED FOR APPROVAL BUT MAY BE CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN.
1.0 THE SITE - 1.1 The site is Moaney Woos Cottage, Lonan Church Road, Laxey, a detached house to the northwest of Ballacannell. The blue boundary covers some fields and a group of buildings, which includes a house and an ancillary accommodation outbuilding.
2.0 THE PROPOSAL - 2.1 The proposal is for the change of use of the ancillary accommodation outbuilding as an independent dwellinghouse (Use Class 3.3) as well as a tourist accommodation (Use Class 3.6). - 2.2 The red line boundary will be the curtilage of the new dwelling house. It contains a driveway for parking two cars in tandem and a private garden.
3.1 Change of use from office use to residential was APPROVED under PA 20/00754/C. The approved residential building is the ancillary accommodation building in the current application. - 3.2 Condition 2 of PA 20/00754/C states: "The proposed dwelling hereby approved shall be used only in association with, and ancillary to the main dwelling house 'Moaney Woods Farmhouse.' Reason: the dwelling is within a single residential plot within an area not designated for development and has only been considered acceptable for the reasons identified within the application. The application does not propose to create separate units of accommodation within the site and has not been considered as such." - 3.3 Change of use of cottage to office was APPROVED under PA 01/01224/C.
4.1 The site is not within any areas designated for development in the Area Plan for the East, meaning it is considered to be part of the countryside. Strategic Policy - 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
4.3 The Isle of Man Strategic Plan has no assumption in favour of new development. In decision-making, this means that where a planning application conflicts with the Plan, approval should usually not be granted.
The following is a highlight of policies listed in 4.3. The subtitles will also be the general order of the assessment in section 7.
Existing Settlement Priority
4.4 Strategic Policy 2 and Spatial Policy 5 state that developments should only occur in defined settlements unless they comply with exceptions in General Policy 3. - 4.5 General Policy 3 sets out exceptions that may be acceptable for developments outside of areas designated for development. Subsections (a), (b), and (d) relate to new housing development in the countryside. Subsection (c) relates to previously developed areas in the countryside. - 4.6 Environment Policy 1 echoes Spatial Policy 5 and General Policy 3. It defines the countryside as areas outside existing settlements or not designated for development (as mentioned in 4.1). It shows that development adversely affecting the countryside will almost always not be permitted. It also states that the countryside is protected "for its own sake". In decision-making, this means there is an assumption against development in the countryside. Housing in the Countryside - 4.7 Housing Policy 7, 11 and 12 sets out three situations where new houses may be acceptable: demonstration of real agricultural needs, conversion of redundant building and replacement of an existing dwellinghouse in the countryside. - 4.8 Housing Policy 11 states: Conversion of existing rural buildings into dwellings may be permitted, but only where:
Living Amenities
4.9 Housing Policy 17, although specially designed for conversion to flats, the included amenity requirements would apply to all housing developments. These amenities include:
4.10 Business Policy 11, 12 and 14 state that tourist development in the countryside should still comply with requirements within General Policy 3. Design - 4.11 General Policy 2 (b), (c) and (g) set out design requirements for development, of which they should respect the character of the site itself and its immediate and not-so-immediate surroundings. Amenity - 4.12 General Policy 2 (g) and (k) set out that amenities enjoyed by the site and the site around it, whether existing or designated use in the Area Plans, should be protected or preserved, Highway - 4.13 General Policy 2 (h) and (i) also sets out that the proposal should satisfy the safety, efficiency and accessibility requirements, including parking provision, of all highway users whenever possible. Parking - 4.14 Transport Policy 7 sets out parking standards for development, details of which are in Appendix 7.6. It requires: o typical residential 2 spaces per unit, at least one of which is retained within the curtilage, and behind the front of the dwelling. PPS and NPD - 4.15 There is no relevant Planning Policy Statement or National Policy Directive that applies to this application.
5.1 There is no strategy or guidance materially relevant to this application. - 6.0 REPRESENTATION
6.1 Garff Commissioners does not object to this application (29.05.2024). The comment states that there is no additional visual intrusion or extra traffic.
6.2 DoI Highway Services does not oppose this application (12.08.2024). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking, as the proposals would have a similar trip generation as existing, there are multiple routes away from the site, the site accesses and visibilities are acceptable for the proposals in this low flow rural setting, and there is adequate space for parking for the proposals within the site layout. - 7.0 ASSESSMENT Principle of the Proposal
7.1 The application is for converting an existing ancillary accommodation building in the countryside into an independent dwellinghouse and using it as a tourist accommodation. The assessment will first go through the change of use to a dwellinghouse, then go through the change of use to a tourist accommodation. The assessment will then combine the two assessments to reach a conclusion.
7.2 Given it is converting an existing building in the countryside, the most suitable policy test is Housing Policy 11, which has six requirements to be met.
7.3 The remaining question is whether the building is of architectural, historical or social interest and whether the redundancy for the original use can be established. - 7.4 The building seems to fail these two requirements. First, because the building just appears to be a typical dwellinghouse. Secondly, given its already for the enjoyment of the existing dwellinghouse, redundancy is subjective to the applicant's needs rather than an objective physical status. - 7.5 The building forms part of the curtilage of the existing dwellinghouse, and the building was originally a barn and was converted to be included in the existing curtilage. In relation to these two requirements it may not now strictly comply with these parts of the policy given the history in this instance it is not considered to be contrary to Housing Policy 11 and is considered acceptable in principle. - 7.6 Given the proposal passes the principle test for conversions to a dwellinghouse, it also passes the principle test for conversions to tourist accommodation, as the requirements for dwellinghouses are higher than those for tourist accommodation. Elements of Assessments - Dwellinghouse - 7.7 The primary considerations of the dwellinghouse use, besides the principle, are the impact of the proposal on:
The character of the Streetscene and the Area
7.8 Given there is no change in the appearance of the building, it is considered that the impact of the development on its surrounding rural and built environment in visual character terms is not acceptable and fails to comply with General Policy 2 (b), (c), (g) of the IOMSP. Living Amenities - 7.9 The building is already being used as an ancillary accommodation. The redline boundary designated parking spaces and private garden areas so it is considered that the amenities of the new dwellinghouse would comply with Housing Policy 17. Neighbouring Amenities - 7.10 The only neighbouring property that will be affected is the existing dwellinghouse. Given both are residential use, it is considered that there is no adverse impact on the amenities of the existing dwellinghouse. - 7.11 Given there are changes to the appearance of the building, it is considered to have no additional overbearing, overshadowing, or overlooking on the existing dwellinghouse. Parking Provision - 7.12 There are two parking spaces provided within the curtilage of the new house. They are considered to comply with the parking standard. Elements of Assessment - Tourist Accommodation - 7.13 The key considerations in the determination of the tourist accommodation use are its impact on the amenities of the neighbours and on parking provision.
8.1 It is considered that the proposal passes the requirement within Housing Policy 11 and Business Policy 12 to be accepted as an exception to General Policy 3. The proposal would not give rise to an unacceptable impact on neighbouring amenities, parking provisions or impact on highway safety. The proposal is considered to comply with General Policy 2, General Policy 3, Housing Policy 11, Business Policy 13, and Transport Policy 7 of the Strategic Plan. Therefore, it is recommended for an approval. 9.0 INTEREST PERSON STATUS
9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
9.2 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 above who should be given Interested Person Status.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : …Permitted……….... Committee Meeting Date:…16.09.2024
Signed :………P SHEN……….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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