Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : 24/91059/B Applicant : Ms Amanda Baron McMillan Proposal : Conversion of existing outbuildings into a dwelling with additional use as tourist accommodation Site Address : Existing Outbuildings Ballaleigh Farm Ballaleigh Road Kirk Michael IM6 1HJ Senior Planning Officer: Jason Singleton Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation Recommended Decision: Permitted Date of Recommendation: 09.12.2024 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Prior to the commencement of development hereby approved, a plan shall be submitted to the department and agreed in writing that identifies the residential curtilage of the new dwelling house and its method of enclosure. Such boundary shall be retained in perpetuity in accordance with the submitted plan.

REASON : To ensure adequate amenity space is provided and for the avoidance of doubt to prevent any development creep into the countryside.

• C 3. There shall be no external lighting of the development hereby approved other than in accordance with the lighting shown on the approved drawings. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 4. The development hereby approved shall not be occupied or operated until the parking and turning areas as shown in drawing ref; 24-1820-13 have been provided in accordance with the approved plan. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

• Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
• C 5. 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 14 - Extension of dwellinghouse
• Class 15 - Garden sheds and summer-houses
• Class 16 - Fences, walls and gates
• Class 17 - Private garages and car ports
• Class 18 - Domestic Fuel Storage Class 21 - Construction of decking

• Class 28 - Roof lights
• Class 29 - Solar Panels Reason: To control future development on the site.

• C 6. Prior to the occupation of the building hereby approved the Bat and bird boxes and landscaping shall be undertaken as per the details contained in the 'Landscape, bats and bird details' drawing (drawing No.24 1820 12). REASON: To ensure proper implementation of the approved plans
• C 7. The proposed foul water drainage shall be installed in accordance with drawing referenced; 14. REASON: To ensure the property has adequate foul treatment and drainage.

N 1. The applicant is reminded that it is an offence under the Wildlife Act 1990 to intentionally or recklessly:

• o kill, injure or take any wild bird;
• o take, damage or destroy the nest of any wild bird whilst it is in use or being built;
• o take or destroy the egg of any wild bird;
• o disturb any wild bird listed on Schedule 1 (including House Sparrow) while it is nest building,
• or at a nest containing eggs or young, or disturb the dependent young of such a bird.

Therefore, the works must be timed outside of the nesting season, or suitable precautions be put in place, such as checks by an ecologist or responsible nest hole blocking outside of the nesting season, to ensure that an offence is not committed.

The applicant is also advised that permanent access to the stables must be enabled to allow swallows to nest.

This application has been recommended for approval for the following reason.

The proposed conversion of the existing outbuildings to residential accommodation with additional tourist use would comply with Housing Policy 11 and Environment Policy 16 where there is no adverse impact upon the wider countryside and would be complaint with Environmental Policy 1&2 of the IoM Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to drawings and supporting information received on 16 September 2024, referenced; drawings; 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 14 and 15

Bat Survey report dated - 10/July/24 Structural Engineers report dated - 05/September/24

Amended Plan referenced; 13 REV/A received on 29/October/24

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highways - No Objection DOI Highways Drainage - No Objection

_________________________________________________________________ Officer’s Report

• 1.0 THE SITE
• 1.1 1.1 Ballaleigh Farm lies on the landward side of the A4 Peel to Kirk Michael Coast Road on the Ballaleigh Road which links the A4 to the A3 TT Course at Barregarrow. The road here is generally narrow, single width with natural hedges on both sides.
• 1.2 The site accommodates a range of buildings: there is a dwelling which takes the form of a largely traditional Manx farmhouse albeit with modern windows and a catslide roof to the rear (south east).
• 1.3 To the south of the house is a range of single storey outbuildings which all take a similar form of masonry wall construction with a unique seven sided angled roof with each covered in asbestos corrugated sheeting. The central section has a small lean to addition to the front. The building at the rear of the group is taller and contains a mezzanine level within. In front of the outbuildings is a concrete hardstanding which leads to the gated entrance onto the Ballaleigh Road.

• 2.0 THE PROPOSAL
• 2.1 Proposed is the conversion of existing agricultural buildings to form a single dwelling house with the additional use for potentially two tourist lets. Internally the accommodation would provide a two bedroom property with an open plan lounge kitchen, diner and a through connecting doorway to a one bedroom accommodation with lounge and kitchen/utility area. The property being interconnected could be used as either one unit of accommodation or two. Garaging is provided adjacent to the accommodation as is external parking areas on the existing hard standing.
• 2.2 The scope of works would seek to utilise the existing built form and subdivide the internal space to create a residential layout. The floor are would measure GF; 11.3m x 4.5m & 11.3m x 5m = 107m2; First floor 11.3m x 4.5m and 5mx5m = 75.8m2 Total area- 182.8m2 The existing reveals would be utilised and additional openings created for the installation of windows, mainly to the South West and North West elevations at ground floor level. The more notable aspect will see the increasing of the eaves level to one of the buildings (North West) increasing the ridge by approx. 1m of the same profile as the existing.
• 2.3 The proposals would also see the removal of the existing asbestos roof cladding sheets and the new roof to follow the same profile as the existing roof and finished in black "Eternit UrbanPro" fibre cement profile sheeting.
• 2.4 Part of the proposals will also see the installation of a new sewage treatment system for the new accommodation, a small extension to the residential curtilage of the existing dwelling

• and building group and minor alterations to the access to improve visibility and the installation of an ASHP.
• 2.5 The application is accompanied with a Structural Engineers report that concludes; "Whilst the buildings are in a poor state of repair, there is no evidence of significant structural movement or distortion. The cracking and movement is due to the age of the buildings and a result of the deterioration of the material, resulting from thermal movement, exposure and the lack of maintenance. The existing wall are stable and suitable for retention. The new structural frame proposed will further stabilise the existing structure and maintain the structural integrity for perpetuity. The gable walls will require temporary works during the conversion to maintain their structural integrity. As this inspection is based on visual observations, it is likely that once work commences on site that further additional remedial work will be required. I can therefore confirm that the Out Buildings to Ballaleigh Farm, Kirk Michael are structurally suitable for the proposed conversion as detailed by Penketh Millar, drawings 24 - 1820 - 07 to 11 inclusive".
• 2.6 A bat report was also submitted dated 10th July 2024, by Manx Bat Group that concludes; "No bats were seen to emerge from the property and there is no evidence that bats use the buildings to roost or shelter. Swallows and robins have active nests in the buildings". The report makes further recommendations for the inclusion of bird and bats boxes to mitigate any loss of nesting provision.

• 3.0 PLANNING POLICY
• 3.1 In terms of local plan policy, the application site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as not for a particular purpose and within an area of High Landscape or Coastal Value and Scenic Significance.
• 3.2 The site is not within a conservation area or within an area identified as being at being flood risk. There are no registered trees or tree groups affected by this proposal.
• 3.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;

Strategic Policy 2 Priority for new development to identified towns and villages

Spatial Policy 5 Building in defined settlements or GP3

General Policy

• 2 General Development Considerations
• 3 Exceptions to development in the countryside Environment Policy

• 1 Protection of the countryside
• 2 Protection of the character of AHLV 16 Use of rural building for tourism Business Policy

• 11 Conversion of rural building to tourist use
• 12 conversion of redundant buildings in the countryside to tourist 14 Tourist development in rural areas

Transport Policy

• 4 Highway safety

• 7 Parking provisions

• 3.4 Planning Circular 3/91 - Guide to the residential development in the countryside.
• 3.5 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.

Tourist policies;

• 3.6 IoM Visitor Economy Strategy 2022 which provides the strategic plan for growing the Island's Visitor Economy over the next 10 years through to 2032.
• 3.7 IOM Govt Island economic strategy 2022, set out the direction on investment and economic security for the next 10 years and highlights the importance of year round tourism and growing part of our Island's proposition for both visitors and residents.

• 4.0 PLANNING HISTORY
• 4.1 The buildings were approved in February 1950 under IDO 6520 for agricultural Purposes.

• 5.0 REPRESENTATIONS
• 5.1 Michael Commissioners had not commented at the time of writing.
• 5.2 DOI Highway Safety (26/09/24)
• 5.3 DOI Highways Drainage 23/09/24 & 28/10/24) Seeks no drainage onto the highway and on the amended plans satisfied the installation of a slotted channel drainage on the access.
• 5.4 DEFA Ecosystems Policy (03/10/24) No objection, content with submitted PEAR assessment but seeks conditions to limit external lighting and installation of bird and bat boxes.
• 5.5 DEFA Environment Protection (11/10/24) sought updated information on the foul water discharge. On the updated information, no objection.

• 6.0 ASSESSMENT
• 6.1 The fundamental issues to consider in the assessment of this planning application are;

• o Principle
• o Design & Visual Impact
• o Neighbouring Amenities
• o Highway Safety
• o Sustainability
• o Other Principle

• 6.1 The starting point here is the land use designation within the area plan which designates the site as land not zoned for development as it sits within a rural area and an area

of high landscape value. As General Policy 3 would be applicable in this instance, the proposal is for conversion of an existing agricultural building for the use of tourism, which could broadly fit within section (b) "for the conversion of redundant rural buildings which are of architectural, historic, or social value and interest." Therefore regard must be given to the reasonableness of the scale and siting of the proposed development within the defined curtilage in view of their subsequent visual impacts on the character of the area and streetscene.

• 6.2 Further to the above land use designation and in relation to tourism use, there is an underlying element to the Strategic Plan Policies which are relevant to the conversion of rural buildings to tourist use which must be taken into account. This proposal would be introducing a new element of use to the property merely for repurpose of an existing rural outbuilding and extending the building in size to create two units of accommodation for tourist use. As such, General Policy 3b allows for conversion of redundant rural buildings in the countryside, taking

note of their aesthetic value and Business Policy 11 allows for "development" in the countryside for tourism subject to meeting the conversion tests of Environmental Policy 16.

• 6.3 There is the expectation that the buildings should be redundant. Business Policy 12 provides that permission will generally be given for the conversion of "redundant buildings" in the countryside to tourist use, subject to compliance with paragraph 8.10, Housing Policy 11 and Environment Policy 16 of the Strategic Plan. Business Policy 14 provides that tourism development may be permitted in rural areas, but requires compliance with other Strategic Plan policies, including specific cross-references to Business Policy 12, and through that policy to Housing Policy 11. As a result, whilst Housing Policy 11 relates to conversions into dwellings, by virtue of Business Policy 12 it also applies to conversions to tourist uses. Amongst the requirement of Housing Policy 11 is that redundancy for the original use can be established, as echoed in Environmental Policy 16. The material test initially refers to establishing the level of 'redundancy' for rural buildings.
• 6.4 The existing structures are unique in their appearance, mainly the roof design and is noted in the supporting statement this type of roof is described as "Universal Asbestos Cement Co 180 degrees span 'Handcraft" Hut units" and with a note that "the three sheets forming the unit are bolted together and require no purlins". These were originally pre manufactured units to be used as airfield accommodation, similar to Nissan huts but this method has 7 regular sides forming the roof. In the case of this application there is information that suggests the building could be of historic interest to warrant its retention and sensitive development in order to convert it back to a habitable use in its original state and in seeking to continue to positively contribute to the Islands built heritage.
• 6.5 Having visited the site, the use of the buildings here were once used historically for agricultural use but now laid empty and not widely utilised for agriculture. The application proposes the retention of part of the building (Eastern element) for agricultural use in conjunction with the few acres (small holding) of the site. Whilst not strictly abandoned or derelict, the internal configuration is generally individual stables and store room and could be said to be redundant from its former use but could be used for small elements of agricultural related storage.
• 6.6 However, turning to the second aspect of Ep16 and its retention through conversion, this aspect is widely acceptable and would retain the existing built form through conversion without increasing the overall floor area which is acceptable and supported.
• 6.7 As such the principle use of the building for residential (HP11) and tourist use (EP16) on site is acceptable in principle from a policy perspective and the level of redundancy can be demonstrated and through conversion of the existing with an extension would meet the criteria of Gp3b and EP16 a&b. Subject to further assessment below the proposal would have to satisfy the remaining criteria of HP11, Ep16 (c,d,e,f) for the conversion and the adaption of the building and extension would comply with Business Policy 11, 12, 14 and subject to further assessment below. Design & Visual impact
• 6.8 In this case, there are two considerations, the existing structure and its refurbishment and the installation of a new roof over part of the structure and the lifting of the eaves level. It has to be remembered that any development in the countryside is only on account of an exception being made and there is a general presumption against development and the pertinent policies seek to protect the countryside for its own sake (EP1) and restricts development that would have an adverse visual impact on the countryside and greater protection is offered through (EP2) to ensure there is no harm to the character and quality of the landscape.

• 6.9 The proposal here is seeking to utilise the existing structure that is partially only single storey with two elements being two stories utilising the "loft" space and bring it into a habitable use helping to preserve the character and appearance. Its scale, layout and form will be retained and there are no proposals to add or extend the building from its original built footprint, apart from re-roofing to remove the asbestos sheeting and replacement with a corrugated profile would be acceptable in this instance. This aspect would be considered to have no detrimental impact on this part of the countryside given the existence of the buildings and would be large enough (182m2) to form a satisfactory dwelling in terms of size and floor area (HP11d & EP16c).
• 6.10 The upward roof extension would only increase the overall height by approx. 1m and could be apparent from public views, however would be no taller than the adjoining highest part of the adjacent building. There may be sections of the side elevation of the extension when passing the entrance to the site but not that apparent from public views. However, any views of this upward extension and the fact such views would be of isolated aspects mainly the gable end and not of the extension as a whole are in favour of the application given the geometry of the road and the general topography. This design would likely ensure this extension would not become the dominating feature, and appear subordinate to the original building from public views and therefore considered to be acceptable.
• 6.11 As the exception to development in the countryside though HP11 and Ep16 can be broadly met, and on balance the proposed conversion of the existing building to residential / tourism is acceptable, in terms of visual harm. The proposal would also comply with Environmental Policy 1 and 2 of the strategic plan which sets out to protect the countryside from unwarranted development. Neighbouring Amenities
• 6.12 The site sits remote on the land scape with considerable distance to the nearest neighbours, as such there are no immediate neighbours that are considered to be impacted by the proposed development in terms of overlooking, overbearing impacts upon outlooks and/or loss of light. The main issue (whether the properties in question where own by the applicants or not) is the additional traffic and general comings and goings caused by having a new residential dwelling on the site. It is considered in terms of the impacts upon the main farmhouse and the tourist units, given their distance, siting and orientation which is mainly facing away from the site and/or blocked from view results in no adverse impact. As such, these aspects would be considered to be compliant with those sections of General Policy 2(g) and the Residential Design Guide 2021. Highway Safety
• 6.13 Highway Services have considered the merits of the existing entrance, the specific dimensions involved and access to and from the site from the highway noting visibility splays. As the transport professionals their comments are heavily relied upon and it is noted they do not object to this application. As such the proposal would be considered to align with the principles of TP4 &7. Sustainability
• 6.14 The proposals here feature the inclusion of air source heat pumps located to the north western corner of the property. This feature is seen to embrace modern and innovative energy efficiency measures to address the issue of reducing carbon footprint and including environmentally friendly technologies that can also include EV charging points (if required). These would be seen as positive design attributes to reducing energy consumption for domestic properties and weigh heavily on the decision making process for development in the countryside. As such these aspects can be conditioned accordingly to ensure they are implemented prior to the occupation of the property, furthermore the scope of works would have to conform to current building regulations standards which ensures the thermal efficiency of the building is maximised and no reliance of fossil fuel heating systems.

• Other
• 6.15 In terms of the comments from ecology and highways drainage, these aspects can be secured through appropriately worded conditions and notes.

• 7.0 CONCLUSION
• 7.1 The application has been assessed against those aforementioned planning policies and would be recommend for approval subject to a number of planning conditions.

• 8.0 Right to Appeal and Right to Give Evidence
• 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
• 8.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

• 8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
• 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

• 8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make

comments in a professional capacity they cannot be given the Right to Appeal.

---

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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted Date: 18.12.2024 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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.