Loading document...
==== PAGE 1 ====
24/00614/B Page 1 of 10
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/00614/B Applicant : Mr & Mrs McConville Proposal : Change of use to residential garden and retrospective approval for glamping pod, timber sheds and timber decking Site Address : 4 Balnahow Farm Cottages Balnahow Farm Balnahowe Santon Isle Of Man IM4 1HN
Planning Officer: Paul Visigah Photo Taken : 04.09.2024 Site Visit : 04.09.2024 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 26.09.2024 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The existing boundary treatment on the border between the garden and the adjacent agricultural field defined by post and wire fence shall be permanently retained and maintained as such. Any replacement fencing shall be post and wire fence (not solid fencing), and shall thereafter be permanently retained and maintained.
Reason: For the avoidance of doubt and to ensure the curtilage is suitably defined, and to ensure the provision of an appropriate landscape setting to the development.
C 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken under the following classes of Schedule 1 of the Order at any time:
Class 13 - Greenhouses and polytunnels Class 15 - Garden sheds and summer-houses Class 16 - Fences, walls and gates Class 17 - Private garages and car ports
Reason: To control future development on the site.
C 3. The development hereby permitted (including glamping pod) shall only be used as an integral part and incidental to the enjoyment of the existing dwelling at 4 Balnahow Farm Cottages, Balnahow Farm, Balnahowe, Santon, and shall not at any time be sold, let or occupied as a separate unit of residential or tourist accommodation.
==== PAGE 2 ====
24/00614/B Page 2 of 10
Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage and permission has not been sought for an independent dwelling or tourist unit.
This application has been recommended for approval for the following reason. On balance, it is considered the proposal would be acceptable, having no significant adverse impacts upon the surrounding landscape, private or public amenities, and biodiversity, and would broadly comply with Environment Policies 1, Strategic Policy 4, General Policy 2, Community Policy 7, and Environment Policy 14 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This decision relates to the following documents and plans:
o Planning Statement. o Drawing No. EX 01 - Existing Site Plan o Drawing No. P01 Rev B - Location Plan o Drawing No. P02 Rev A - Site Plan o Drawing No. P03 - Existing Pod Decking Shed Hot Tub o Drawing No. P04 Rev B - Existing Timber Decking o Drawing No. P05 - Shed and Decking Elevations __
Interested Person Status
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
o Soalt, Balnahow Farm & Cottages, Balnahow Farm, Balnahowe, Santon; and o The Old Stables, 1 Balnahow Farm Barns, Santon.
As they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Greenfields, Balnahow, Santon; and Balnahow Farmhouse, Santon,
As they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT PROPOSING TO INCREASE THE RESIDENTIAL CURTILAGE INTO LAND NOT DESIGNATED FOR DEVELOPMENT, WHICH COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN, BUT IS RECOMMENDED FOR APPROVAL.
==== PAGE 3 ====
24/00614/B Page 3 of 10
1.0 THE SITE 1.1 The site is 4 Balnahow Farm Cottages, which is part of Balnahow Farm - a complex of five dwellings, residential outbuildings, associated paddocks, and agricultural outbuildings which were up until relatively recently, a working farm, situated at Balnahowe, Santon. The farm has been sold and the land around it sold separately and is now being farmed in association with Southampton Farm whose farm buildings are based in Port Soderick.
1.2 The complex sits on both sides of a private road which joins the public road which connects to the Old Castletown Road some way to the west. This public road provides access to the Meary Veg sewage treatment plant, as well as a number of dwellings. The houses are a combination of traditional (Ballacregga and Balnahow Farmhouse) with the majority being non- traditional properties of one and two storeys. One group of the buildings north of the private road serving the estate are arranged in an L shape with additions to the east. The building to the south is arranged in a linear pattern.
1.3 The site which is the subject of the current application is part of the field to the rear which is named paddock on the approval documents under PA 19/00890/B. This site sits opposite No. 4 Balnahow Farm Cottages, is directly adjacent the garage to No. 1 Balnahow Farm Cottages, and is positioned directly south of the car parking area (3 spaces) situated directly south of the estate road and No. 4 Balnahow Farm Cottages.
1.4 There are no views to the site from the estate road or public road which joins the estate road due to the orientation of the site relative to these, the situation of the dwellings strung along the access road, and the nature of the boundary treatment along the Balnahow Farm House which sits just outside this complex of dwellings (comprising dense mature plantings and shrubbery).
2.0 THE PROPOSAL 2.1 Planning approval is sought for Change of use to residential garden and retrospective approval for glamping pod, timber sheds and timber decking.
2.2 This proposal would first see the conversion of part of the field (named paddock) within the broader site area to a residential garden for 4 Balnahow Farm Cottages, which currently only has access to a small garden area measuring about 22sqm in front of the property, unlike the other properties within the complex which have fairly larger gardens. This extension to the curtilage would measure approximately 423sqm.
2.3 The scheme also includes the following: a. A timber shed which currently sits north of the site, measures 4.9m x 2.1m in footprint, and is 2.5m tall. b. A Timber deck area which sits directly south of the parking area, and has footprint measuring about 39.6sqm, and rises to about 600mm above the ground level of the field. A patio area which is almost level with the ground level of the field and adjoins the decking area, measuring about 13sqm sits just west of the decking area and provide a level access to the field and decking. c. A timber deck area situated at the southern end of the field which measures about 42sqm in footprint and rises to about 600mm above the field level. d. A timber glamping pod that sits slightly on the decking area to the south and measures 4.8m x 3m, and is 2.7m tall to the top of its curved roof which is finished in mineral felt roof. A small external WC measuring 1.5m x 1m, and is 2m tall serves the glamping pod, which also has access to a timber hot tub situated by the WC. A door site to the south of the pod, while a window sits on the northern elevation.
2.4 The applicants have provided the following information within the Planning Statement:
==== PAGE 4 ====
24/00614/B Page 4 of 10
o The Change of Use Planning Application seeks to regularise a discrepancy which has come to light regarding their garden (a portion of land attached to the purchase of their home). o The applicants purchased the property in July 2020 in good faith, and that the portion of land sold with the barn conversion was in fact their garden as with each of the properties sold as part of the farm outbuildings / barn conversions. They never thought that the portion of land had not been changed from Agricultural to residential land. o In the summer of 2020 the applicants installed an area of timber decking adjacent to the north-western boundary wall of this garden area which is built up to conveniently cover the raised sections of the Septic tank thus hiding an otherwise ugly vent and access door to the tank. This slightly raised deck is surrounded with flower beds and large planters are situated on the raised section of the decking and is a good area to sit, relax and catch the sun. o The applicants also formed a decking area at the southern end of the portion of land and erected a small shed hot tub and glamping pod to maximise their enjoyment of the garden with distant coastal views across the neighbouring farmland.
3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The site lies within an area not designated for a particular purpose on the Area Plan for the East. The site is not within a Conservation Area or prone to flood risks. There is no registered tree on the site, and the site is not within a registered tree area.
3.2 Area: Area Plan for the East 3.2.1 The Character Appraisal within the Area Plan for the East states thus concerning the area: Landscape Character Area: Santon (D13) 3.2.1.1 Landscape Strategy o Conserve and enhance: a) the character, quality and distinctiveness of the area, with its wooded valley bottoms and wooded horizons; b) its scattered settlement pattern; c) its Victorian garden and the railway.
3.2.1.2 Key Views o Open and expansive views from the higher areas along the rugged coast in the east and inland towards the upland areas over Braaid. o Incinerator chimney forms a notable landmark in the immediate area. o Glimpsed views framed by vegetation in the valley bottoms and along the main roads where they follow the wooded valley bottoms. o Views in the northern part of the area up to the Transmitting Masts on top of Douglas Head hill top. o Views from Isle of Man Steam Railway.
3.3 National: STRATEGIC PLAN (2016) 3.3.1 The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EP 1 and GP3). As currently proposed, the scheme also does not pass any of the exemptions for development that would be allowed in the countryside, as the exemptions do not include domestic extensions onto agricultural land. However given that the application site is linked with existing dwellings, within a complex of dwellings within the countryside location, it would be relevant to consider the general development considerations articulated in General Policy 2.
3.3.2 Relevant Strategic Plan Policies: a. General Policy 2 - General Development Considerations. b. Environment Policy 1 - Protection of the countryside and inherent ecology.
==== PAGE 5 ====
24/00614/B Page 5 of 10
c. Environment Policy 14 - Seeks to prevent the permanent loss of important and versatile agricultural land (Classes 1-2). d. Strategic Policy 1 - Efficient use of land and resources e. Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. f. Strategic Policy 4 - development proposals must protect or enhance the nature conservation and landscape quality of urban as well as rural areas. g. Strategic Policy 5 - Design and visual impact h. Spatial Policy 5 - Development in countryside only in accordance with General Policy 3. i. Transport Policy 4 - Highway capacity and safety considerations. j. Community Policies 7 - provide guidance in respect of minimising criminal activity and antisocial behaviour.
3.3 Town and Country Planning (Permitted Development) Order 2012 3.3.1 There is provision within the Permitted Development Order for the construction of domestic buildings such as garden sheds, and structures such as decking. However, the shed and decking(s) in their current form and location would fail to meet the stipulated conditions within the Order.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.
5.0 PLANNING HISTORY 5.1 The following previous planning applications are considered relevant in the assessment and determination of this application.
5.2 PA 17/00563/B approved the conversion and alteration of the buildings to residential and the approval was subject, inter alia, to a condition which suspends some of the provisions of the Permitted Development Order: "Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no extensions, garages, garden sheds, walling, fencing or summerhouses may be erected without planning approval at any time other than those shown and approved in this application.
Reason: To control future development on the site."
5.2.1 The Officer made the following additional comments relating to the removal of permitted development rights: "In any case, the residential curtilage of unit 4 is subdivided by the lane and as such the provisions of the Order would not apply to the southern part of the curtilage."
5.3 Approval was also granted under PA 19/00890/B for Erection of a detached garden store to the southern part of the curtilage of 4 Balnahow Farm Cottages. This store was proposed to the western side of the car park for the unit.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
==== PAGE 6 ====
24/00614/B Page 6 of 10
6.1 DOI Highways Division find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking subject to a condition requiring parking on the approve plans being available for guests of the pod (14 June 2024).
6.2 DOI Highways Drainage have stated that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. They note that the applicant should be aware of the above clauses (20 June 2024).
6.3 Santon Commissioners have not made any comments on the application although they were consulted on 11 June 2024.
6.4 The owners/occupiers of the following properties have made comments on the application: 1. Soalt, Balnahow Farm & Cottages, Balnahow Farm, Balnahowe, Santon (21.06.2024/25 June 2024/26 June 2024). o They state that they have spoken with the owner of the property who assures them that the glamping pod will no longer use it for homestay / guest accommodation, whilst this does not change the fact that the buildings are outside of the approved development zone I have no objection to purely private and pleasure use. o They further note that the main cause for their previous objection is the potential for further use of the site for overnight rental accommodation and homestay, and that they have no objection, in principle, to the homeowner's private use of the site.
The Old Stables, 1 Balnahow Farm Barns, Santon (3 July 2024): o They note that their concern was that the glamping pod would be used for overnight rental accommodation and home stay. However from the documents published, the home owner has confirmed that it will be for their personal use only. o They note that the raised decking which directly overlooks their garden will be rectified once they gain permission for erection of Manx stance wall to replace existing wooden fence.
Greenfields, Balnahow, Santon (3 July 2024): o They note that they are not happy with the site being used as an AirBnB, Homestay or rental as was the case over 2024 TT. o They are also concerned that if consent for planning is given now a few years later a further request for rental could be made. o They state that as long as a commitment is made that this will only ever be for private use, they would not object.
Balnahow Farmhouse, Santon (3 July 2024): o They state that as long as the proposal remains for private use only and not for glamping or rentals now or in the future, they would have no objection to the application.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of the current application are: a. The Principle (GP3, EP1, & SP5); b. Impact on Landscape (EP1, SP4, & GP2); c. Impact on Agricultural Soils (EP14); d. Impacts on Biodiversity (EP1, STP4, & GP2); and e. Impacts on neighbouring amenity (GP 2 & CP 7 )
7.2 Principle of the Extension of the residential curtilage 7.2.1 The site lies outside of the defined settlement boundary of Santon and within the surrounding open countryside, and as such, the terms of Environment Policy 1 would apply in this instance. This policy sets out that the countryside will be protected for its own sake unless there is over-riding national need in land use planning terms which outweighs the requirement
==== PAGE 7 ====
24/00614/B Page 7 of 10
to protect these areas. There is no over-riding national need in land use terms in this case. In addition, the change of use does not fall into any of the exception categories allowed under General Policy 3 of the Strategic Plan, which sets out that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan. Therefore, at face value, there are inherent conflicts with EP1 and GP3.
7.2.2 Notwithstanding the issues identified in 7.2.1 above, it must be acknowledged that the site sits as a congruent unit with the existing residential curtilages within the complex, where it could be argued that there is a seamless transition between the gardens, parking areas, estate road, and the adjoining field areas marked as 'Paddock' on the previously approved plan (Drw. No. 07), which set out the layout of the estate under PA 17/00563/B in terms of appearance and composition. Thus, it would be difficult to clearly detach the garden extension from the northern side of the garden which benefits from planning approval, and to which the extended garden area would be attached.
7.2.3 Moreover, it is important that all other material considerations which were identified in Section 4.0 of the report need to be weighed into the planning balance, as the fact that the development does not comply with EP 1 and GP3 are not direct reasons to refuse applications. In this case, therefore, the assessment of the impacts of the extension of the curtilage in terms of visual impact upon the countryside, the impacts on biodiversity of the locality, impacts on quality of agricultural soils would need to be weighed against any identified benefits in order to determine if the proposal would be acceptable for the site.
7.3 Impact on the Landscape and Setting 7.3.1 Extension of Curtilage 7.3.1.1 In considering the impact of the extension of the curtilage on the surrounding countryside, it is noted that the works would be completely confined to the side of the neighbouring dwelling and garden, enclosed by the surrounding boundary treatment which encloses the entire complex, and as such there would be no views from the main thoroughfare. Also, any views achievable from the surrounding agricultural fields would be distant and read within the built context of this part of the countryside. Thus from a visual point of view, the works would be unnoticeable from public views and are behind the existing property and surroundings field boundary treatments.
7.3.1.2 A critical test set out in Environment Policies 1 for assessing such proposals is whether there would be any adverse impact on the countryside. In this case, there would be no mature plantings or trees lost, and the site would exist mainly as a garden such that the appearance would not be considerably at variance with the appearance of the adjacent garden at No. 1. It is also vital to consider the style of boundary treatment along these garden boundaries which are (The post and wire fence, and hardwood post and rail fences) are considered suitable, being more reflective of common boundary treatments along field boundaries. It is also felt that this area is proportionately acceptable as to suitably accommodate the existing garden without significant detriment to the wider rural landscape and countryside. A condition would, however, be imposed to ensure that the fencing used on the existing garden boundaries are retained in their current form to ensure that the seamless transition between the agricultural field and the gardens is not truncated by the installation of standard domestic fences.
7.3.1.3 Equally, it would be appropriate to attach a condition which suspends the provisions of the Permitted Development Order in so far as it applies to walls, fences, or new structures; which would ensure that the intended use of the site as a garden is not impacted by future developments on the site, which may seek to erect structures that would erode the existing relationship between the gardens and the adjacent fields.
7.3.2 Erection of domestic structures (garden shed, decking and glamping pod) 7.3.2.1 In terms of the visual impacts of the structures on the site, it is considered that the site is not readily visible in the wider area. Moreover, the glamping pod, shed and decking areas
==== PAGE 8 ====
24/00614/B Page 8 of 10
are located on the part of the site where established built form exists, with their positioning near to the other building further helping to screen them, such that they appear as part of that existing cluster.
7.3.2.2 Granting the glamping pod and one of the decking would be positioned further south, and there is no doubt that the glamping pod would be visible from the private track to the southwest which serves the surrounding fields. This structure would be read in the context of the other buildings within the broader site area, given that views would be from the southwest where the background would be defined by the existing buildings and structures. This, together with the existing sodbanks on the field boundaries and existing fences which sit only slightly lower than the glamping pod would serve to ensure that the proposal would not have a materially harmful visual impact when viewed from the surrounding countryside. In the wider vista it is considered that the scale of development and its place in the landscape will not result in the pod or decking being a visual intrusion in the context of the buildings on the broader site area.
7.3.4 Overall, the proposal would not be of an excessive scale relative to the site context, and would not harm the character and appearance of the site or the surrounding landscape when viewed from surrounding countryside. The scheme also does not impact on any of the key views identified within the Area Plan for the East. The proposal is, therefore, considered to broadly accord with and Environment Policies 1 and Strategic Policy 4 of the Strategic Plan.
7.4 Impact on Agricultural Soils 7.4.1 Environment Policy 14 allows for development on agricultural land provided that they do not result in the loss of high quality agricultural land. High quality agricultural land is defined as being Class 1/2, Class 2/3 and Class 3/2 as annotated on the Agricultural Land Use Capability Map. The proposal site is shown as being within Class 3/4 and as such falls outside the defined land protected by EP14.
7.4.2 Whilst the class of agricultural soils on the site (Class 3/4) does not imply that the soils should not be managed appropriately as the Strategic plan does not in any way imply that Class 3 soils should be poorly managed or used unsustainably as majority of the agricultural soils on the Island (80.26%) fall within Class 3 soils, the nature and scale of the development is such that the agricultural potential of the adjoining fields would not be compromised. Besides, the development is of a nature that could easily be removed, with the land restored to its original state should it be required. As such, it is considered that the requirements of Environment Policy 14 are met in this regard.
7.5 Impacts on Biodiversity 7.5.1 In terms of impacts on biodiversity, it is considered that the site in its natural (undisturbed) state could offer a wealth of bio-diversity and ecology benefits to the area, with domestication resulting in undue pressure on the natural habitat. However, the adjoining field to which the application site is attached is currently being cultivated for fodder, which would mean that the retention of the field for agricultural use as is currently practiced here would hold less potential to serve as habitat for biota. Therefore, it is not considered that the use of the site as a garden attached to 4 Balnahow Farm Cottages, and the erection of the structures proposed here would not cause or lead to unacceptable environmental disturbance, with significant detrimental impacts on biodiversity.
7.6 Impacts on Neighbours 7.6.1 General Policy 2 of the Strategic Plan requires that new development does not affect adversely the amenity of local residents. In the case of the current application, the potential concerns border mainly on potential disturbance in terms of potential noise impacts from using the glamping pod, and the potential for it to be used for commercial purposes such that the turnover of visitors could result in adverse impacts on the amenity of the residents of this closely knit residential complex.
==== PAGE 9 ====
24/00614/B Page 9 of 10
7.6.2 With regard to impacts from use by non-residents, it is considered that the applicants have clearly articulated that the use of the pod would be personal as a retreat for the occupants of 4 Balnahow Farm Cottages. Therefore, it is not considered that any adverse impacts should result, as the private use would be well in keeping with other residential use of structures within the close curtilages here. However, e condition would be imposed to ensure that the use of the glamping pod remains private, and nit serve as a commercial tourist facility.
7.6.3 With regard to noise and other disturbance when using the garden area and pod, it is considered that the site is gated and confined such that there would be limited potential for those living outside the site to congregate and create disturbance to neighbours. Also, the exposed nature of the site relative to the surrounding properties is such that the site would not serve as easy hideouts for criminal activity or antisocial behaviour. As such, it is considered that the scheme aligns with the requirements of Community Policies 7 and General Policy 2 in this regard.
7.6.4 In terms of potential overlooking concerns for The Old Stables, 1 Balnahow Farm Barns, Santon, it is considered that the nature of the boundary treatment between both properties allows mutual overlooking between both properties. As such, it is not considered that the new decking area would considerably alter the relationship to such an extent that would warrant refusal, given that mutual overlooking would still exists whether the development is approved or not.
7.6.5 Based on the foregoing, it is not considered that the proposal in its current form would result in significant adverse impacts on neighbouring amenity, or alter considerably the relationships between the properties within this closely knit community, such that it would warrant refusal.
7.7 Other matters 7.7.1 The comments made by the neighbours regarding commercial use of the site is noted. However, the application documents have clearly stated that the use of the site would be private. As such, tourist use should not be inferred to occur in this case.
8.0 CONCLUSION 8.1 In summary, the proposal is considered to accord with Environment Policies 1, Strategic Policy 4, General Policy 2, Community Policy 7, and Environment Policy 14. No unacceptable adverse impact has been identified as likely with respect of the character and appearance of the surrounding landscape, public amenity or the residential amenity of the neighbours.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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
==== PAGE 10 ====
24/00614/B Page 10 of 10
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: 14.10.2024
Signed : P VISIGAH
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
Customer note
This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.
Copyright in submitted documents remains with their authors. Request removal