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PLANNING OFFICER REPORT AND RECOMMENDATIONS 14/00179/B Ms Pauline Howell Renovation and extension of former mill building to create a dwelling Scholaby Mill Ballakilpheric Road Colby Isle Of Man IM9 4BX Application No. : Applicant: Proposal: Site Address : Miss S E Corlett Case Officer: Photo Taken : Site Visit: Expected Decision Level: Planning Committee Officer's Report THIS APPUCATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE AND AS THE LOCAL AUTHORITY HAVE EXPRESSED CONCERN AT THE EXTERNAL FINISH OF THE EXTENSION THE SITE 1.1 The site is a portion of an existing field located between the Scholaby and Ballakilpheric Roads to the north of the A7 between Colby and The Level, together with land in front and the mill pond to the north of the access and a strip of land which includes a public footpath, providing access to the Scholaby Road to the west. The site accommodates a former mill and access and to the south west of the mill is a mine adit and abandoned cottage which has planning permission for renovation (see below) and which was the subject of an unsuccessful application for extension - PA 13/00868. The building on site is a former mill which has vehicular access into the building off the bridge opposite the mill pond and accesses on the eastern side together with windows. On the southern side of the building there is a one and a half storey lean-to extension. The building sits very close to the watercourse which runs to the west of the site. TTiere are trees which are growing within the building alongside the watercourse and two more on the eastern side of the building. These are self-seeded trees growing very close to or from the walls of the building. 1.2 The building has a significant amount of ivy growing on it and there is no evidence of the previous planning approval (see below) having been taken up or any remedial works having been undertaken. The track down from the lane to the lower part of the building does not presently show any signs of recent use. 1.3 The building is not visible from the Ballakilpheric Road, unlike the cottage was the subject of PA 13/00868 (refused on appeal), which is in full view from the public road. PLANNING STATUS 2,1 The site lies within an area designated on the Area Plan for the South, 2013 as Open Space not designated for a particular purpose. It also identifies constraints in terms of Registered Trees and a Wildlife Site. 2.2 The draft Landscape Character Appraisal indicates that the site is an area of Incised Slopes where; The overall strategy for the area is to maintain and enhance the character. Page 1 of 8 14/00179/B 31 March 2014

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quality and distinctiveness of the local built vernacular and integrity of the nucleated settlements of Port Erin, Port St. Mary and Ballagav/ne, the scattered traditional farm dwellings and to maintain the field pattern and semi-upland character of the upper slopes. Key Views: Extensive panoramic views from higher ground on hill slopes along coast to the Calf of Man, inland over the Scarlett Peninsula and up the Southern Uplands and Meayll Hiil. 2.3 Scholaby Mill is identified in the Southern Area Plan as being worthy of consideration for Registration. 2.4 The planning policies which are considered applicable to this proposal are as follows: Strategic Policy 1 which states: Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services. General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) Environment Policy 1: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan, Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. The site is within an area of an Area of High Landscape or Coastal Value and Scenic Significance on the Isle of Man Planning Scheme (Development Plan) Order 1982 and as such Environment Policy 2 is applicable: The present system of landscape classification of Areas of High Landscape of Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce difference categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: a) the development would not harm the character and quality of the landscape; or b) the location for the development is essential. Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria: a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; b) details of pollution and alleviation measures must be submitted; 31 March 2014 14/00179/B Page 2 of 8

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c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species." "The Department will seek to enhance the natural Environment Policy 27 states: environment, including sites contaminated by former mine workings, along with other Government Departments, local communities, the private sector and all appropriate agencies in order to ensure the appropriate reclamation, water management planting of appropriate tree species, the management of special habitats including aquatic habitats and the removal of eyesores." This is potentially more applicable to PA 13/00868 for the mine adit and cottage site than this current application, Housing Policy 11: "Conversion of existing rural buildings into dwellings may be permitted but only where. 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 3.1 Planning permission was granted for the principle of conversion of the mill into a dwelling under PA 07/0359. This required, inter alia that no dormers be inserted into the roof nor the introduction of a proliferation of additional windows. Permission was granted for the rebuilding of the lean-to annex either in the same form as it presently is or as having a gable with the ridge running back into the main body of the mill. The provisions of the Town and Country Planning (Permitted Development) Order 2005 were suspended and the application for the reserved matters was to illustrate the form of access from the Scholaby Road to the site either in the form of an informal gravelled driveway or hardcored track and not a concrete, paviored or tarmacadam finished driveway. The conditions also required that the application for reserved matters include a detailed report into the presence of bats within the building and a method statement into how they would be dealt with if found. Also the applicant was advised to consult the Inland Fisheries Section of Department of Agriculture, Fisheries and Forestry in respect of any work undertaken close to or within the watercourse. 3.2 Planning permission was also sought for the principle of the renovation of the cottage to the south east which was approved on appeal, PA 07/00360 and in detail under PA 08/02112. Page 3 of 8 14/00179/B 31 March 2014

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3.3 Permission was granted for the reserved matters under PA 09/00036. This proposed minimal change to the building and no additions to the existing footprint. As far as it is known, no application was made under the Building Regulations for this work which has not been commenced. This permission has now expired. THE PROPOSAL 4.1 Proposed is the conversion of the mill to a dwelling. The scheme differs from the previous one in that the car parking is no longer proposed alongside the footpath, which was not wide enough for safe or convenient access and egress. Also the physical changes to the building are different. All the changes attempt to address the previous draft reasons for refusal which were: The provision of a car parking area as proposed would alter the appearance of the building as viewed from the east and would provide inadequate space for vehicles to be able to park and manoeuvre safely in and out of the spaces, to the detriment of the users of the public footpath immediately adjacent to the site and The inclusion of the extensions to the eastern elevation will undermine the simplicity, charm and character of the existing building and thus be contrary to the requirements of Housing Policy 11. These extensions are not considered to be required for the provision of essential facilities and as such are considered unwarranted. 4.2 Car parking is to be provided alongside the building on the lower side with a hard surfaced track leading up to the accessway. This will be finished in paviors in a bracken colour. 4.3 The building is to be extended to the east albeit in a more simple form than previously proposed, with a sloping pitch running from the eastern pitch of the main building but with differing widths to minimise the impression of additional mass and the impact on the main building which is of simple form. The majority of the new roofing will be below lane level and the additional walling will be finished in a textured cladding. The applicant's agent has agreed on natural titanium - a dark grey coloured finish for this part of the scheme. 4.4 The main building will be extended at first floor level with a aluminium curtain walling system and copper sheeting clad roofed conservatory. The existing building is to be retained and the stonework repointed and the roof refinished in natural slate. 4.5 The scheme will result in a four bedroomed dwelling with living room open plan kitchen and dining room. REPRESENTATIONS 5.1 Rushen Parish Commissioners indicate that they support the re-use and general scheme for the building but oppose the use of sheeting as they feel that this is inappropriate compared with the traditional use of materials on the remainder of the building. TTiey fully support the re-use of the building and appreciate that it needs to be brought up to modern habitable standards. They have submitted a further letter which adds that consideration should be paid to the definition of the curtilage and the means of access - which should only be from Scholaby Road - as this is the original access to the property. 5.2 Highways does not oppose the application, 5.3 Department of Environment, Food and Agriculture expresses concern in respect of the proximity of the works to the watercourse and recommends that the applicant consults them and completes the form regarding Development within 9m of a watercourse. 31 March 2014 14/00179/B Page 4 of 8 I

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5.4 Isle of Man Water and Sewerage Authority raises no objection subject to the applicant obtaining the appropriate permissions under the Land Drainage Act for any works to the watercourse, 5.5 Two residents of Maughold encourage the reinstatement of the waterwheel which they suggest should be a condition. 5.6 A resident of Douglas is concerned about the site definition and points out that the site accommodates a public footpath and that Environment Policy 1 deters development in the countryside and the proposed development would be in breach of this. No reference is made to General Policy 3 or Housing Policy 11 which could permit this form of development. 5.7 The resident of The Shanty which lies alongside the Ballakilpheric Road alongside the easternmost part of the land holding, objects to the application on the basis that the access to the mill will have to be past her house as the Scholaby Road access is unusable by vehicles despite previous applications and approvals indicating that this would be the access to the site. She suggests that the current owner has prevented tractors from using the eastern access on the basis that it will damage the track although the amount of traffic which will be generated by the proposed scheme will surely cause as much damage. Tractors have been permitted to use the track for the two grass cutting sessions of the year, ASSESSMENT 6.1 The important considerations in this case are the impacts of the proposed conversion on the appearance and character of the property. As the building has been identified as being of sufficient architectural and historical interest to warrant consideration for Registration, it is important to consider these elements in the interests of the building itself, not just the impact from a public perspective. It is also relevant that permission has been granted relatively recently for the conversion, albeit in a different form. As such, and as the building would not appear to have deteriorated significantly since then and there was a structural report Included in the most recent application, which indicates that the building appears to be sound, it is recommended that the building is suitable for conversion under the terms of Housing Policy 13. 6.2 There are no details of any works to the mill pond, nor any specific proposals for a water wheel so these should not be considered in the assessment of this current application. It is important that the residential curtilage is defined such that it includes only the area where residential use and potentially domestic type development would be acceptable and in this respect, the land to the north Including the former mill pond should not be included in the residential curtilage and a condition can and should be attached to this effect. 6.3 The critical issues therefore are whether the scheme preserved and respects the character of the existing building whilst accommodating a new and different use and importantly, whether the extensions are consider modest and subordinate and whether they respect the character and appearance of the building. In this respect, whilst the use of different materials in the extension could be considered to be different, and therefore inconsistent with the rest of the building, it is recommended that the contrast is actually a positive element which preserves more or less Intact the original building and does not try to make it appear as if what is proposed has always been on site in this form. The building has a certain industrial character in terms of appearance and former function and as such, the use of dark grey cladding is considered appropriate and acceptabie. 6.4 The changes to the extension have resulted in the extension being more subordinate and less intrusive than was previously proposed. It is particularly relevant that the majority of the alterations are on the elevation which faces into the site rather than presenting themselves to the public footpath. From the footpath the building will appear relatively unchanged. 14/00179/B Page 5 of 8 31 March 2014

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6.5 Whilst the policy requires generally that buildings should be large enough as they stand, for conversion to a new use, it does also include the provision for a "modest, subordinate extension which does not affect adversely the character or interest of the building". As such, it is considered that the proposals accord with this requirement, Whilst a more modern approach to such additions can provoke very contrasting views, it can be considered acceptable - such as in the case of the former box factory in Port St. Mary (PA 13/91520/B). 6.6 Hie proposals for the remainder of the building - including the treatment of the southern elevation and the construction of the sunroom on top of the southern annex is considered to be imaginative and responds well to the need to preserve the character of the building whilst providing an acceptable modern living environment. 6.7 The means of access is shown as being from the Scholaby Road. However, there is nothing preventing the owner from using the track across the top of the site to gain access to and from the Baliakilpheric Road. Both roads are narrow country roads and neither is ideal for the accommodation of a significant amount of additional traffic. However, after construction is complete, the traffic from this converted mill, plus that from the cottage, which is very modest in area, are considered sufficiently low in level to be accommodated satisfactorily by either route. In both cases, improvements to the access tracks to and from both the Scholaby and Ballakilpheric Roads would need to be the subject of a successful planning application before works could be undertaken and at that point, the applicant would need to demonstrate, if the works were intended for the Ballakilpheric direction, that the Scholaby route was impracticable. Whilst it is understandable that the occupant of The Shanty would be concerned about increases in traffic past her property, as that property sits right alongside the access, this needs to be balanced against the positive impacts of the re-use and renovation of the mill and cottage, which are visible from the public footpath and their continued deterioration and lack of maintenance would not be beneficial to users of that footpath. Summary 6.8 The building is an important and interesting one which has been the subject of an approval to convert to living accommodation and is of acknowledged interest historically. There is no objection to the principle of the renovation and conversion of the building to living accommodation and its continued neglect is not welcomed. However, the way in which it should be converted should be sensitive to the character and simple form of the existing building and should accommodate the need for access and car parking as subtly as possible, It is considered that the proposals represent a sensitive approach and will result in an appropriate and imaginative refurbishment of a building in the public eye. PARTY STATUS 7.1 The local authority, Rushen Commissioners are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. 7.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d. 7.3 Department of Environment, Food and Agriculture and Isle of Man Water and Sewerage Authority are statutory authorities which raise material planning considerations and as such should be afforded party status under Article 6(4)(c) of the Town and Country Planning (Development Procedure) (No 2) Order 2013 7.4 The resident of The Shanty is immediately alongside an access which is within the blue lined area and as such should be afforded party status in this case. 7.5 The residents of Maughold and Douglas are not directly affected by the proposal and as such should not be afforded party status in this case. 31 March 2014 14/00179/B Page 6 of 8

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Recommendation Recommended Decision: Permitted Date of Recommendation: Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 ; Notes attached to refusals C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C2. This approval relates to the conversion and alterations and extensions of the existing mill to a dwelling, as shown in drawings S-01, P-02, P-03 and P-04 all received on 13th February, 2014 and the development must be undertaken in accordance with these drawings, In particular, no approval is hereby granted to the rebuilding of any fabric which may, during the course of construction, become unstable, or fall down or be removed. Such removal of existing fabric could invalidate the approval hereby granted. C3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, poiytunnels, walls, gates, fences, garden sheds, summerhouses, decking, garages, car ports, flag poles or tanks for the storage of oil or gas for domestic heating shall be erected nor windows or roofiights, solar panels or ground or water source heat installations replaced or installed (other than those expressly authorised by this approval). C4. The textured cladding to be used must be "natural titanium" as illustrated in the manufacturer's brochure, unless otherwise approved by the Planning Authority. C5. No approval is hereby granted to the use of any of the land to the north of the footpath, shown within the red line, as residential curtilage which must be confined to the area to the south of the footpath as shown in red on plan reference S-01. N 1. The application has been considered on the basis that the means of access to the site from a public carriageway is to the west from the Scholaby Road. No approval is hereby granted for Page 7 of 8 14/00179/B 31 March 2014

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the access to be from the east from the Ballakilpheric Road although the applicant or subsequent owner/occupier may have rights of access over this route. No approval is hereby granted to any works to upgrade either track, although as the access is shown from the Scholaby Road, proposals may be acceptable for the upgrading of this route, depending upon the nature of these works. Any material change to this access will require planning approval. N 1. The applicant is encouraged to consider ways in which the water wheel feature could be reintroduced to the building and should liaise with the Planning Authority in this respect. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority. a. Committee Meeting Date : Decision Made: ... Signed : Presenting Officer Further to the decision of the Committee an additional report/condition reason is requiredi signing officer to delete as appropriate YES 31 March 2014 14/00179/B Page 8 of 8

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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No.: Applicant: Proposal: 14/00179/B Ms Pauline Howell Renovation and extension of former mill building to create a dwelling Scholaby Mill Ballakilpheric Road Colby Isle Of Man IM9 4BX Site Address: Case Officer: Photo Taken : Site Visit: Expected Decision Level: Planning Committee Miss S E Corlett Officer's Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE AND AS THE LOCAL AUTHORITY HAVE EXPRESSED CONCERN AT THE EXTERNAL FINISH OF THE EXTENSION THE SITE 1.1 The site is a portion of an existing field located between the Scholaby and Ballakilpheric Roads to the north of the A7 between Colby and The Level, together with land in front and the mill pond to the north of the access and a strip of land which includes a public footpath, providing access to the Scholaby Road to the west. The site accommodates a former mill and access and to the south west of the mill is a mine adit and abandoned cottage which has planning permission for renovation (see below) and which was the subject of an unsuccessful application for extension - PA 13/00868. The building on site is a former mill which has vehicular access into the building off the bridge opposite the mill pond and accesses on the eastern side together with windows. On the southern side of the building there is a one and a half storey lean-to extension. The building sits very close to the watercourse which runs to the west of the site. There are trees which are growing within the building alongside the watercourse and two more on the eastern side of the building. Ttiese are self-seeded trees growing very close to or from the walls of the building. 1.2 The building has a significant amount of ivy growing on it and there is no evidence of the previous planning approval (see below) having been taken up or any remedial works having been undertaken. The track down from the lane to the lower part of the building does not presently show any signs of recent use. 1.3 The building Is not visible from the Ballakilphehc Road, unlike the cottage was the subject of PA 13/00868 (refused on appeal), which is in full view from the public road. PLANNING STATUS 2.1 The site lies within an area designated on the Area Plan for the South, 2013 as Open Space not designated for a particular purpose. It also Identifies constraints in terms of Registered Trees and a Wildlife Site. 2.2 The draft Landscape Character Appraisal Indicates that the site is an area of Incised Slopes where: The overall strategy for the area is to maintain and enhance the character. 25 March 2014 14/00179/B Page 1 of 8

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quality and distinctiveness of the local built vernacular and integrity of the nucleated settlements of Port Erin, Port St. Mary and Ballagawne, the scattered traditional farm dwellings and to maintain the field pattern and semi-upland character of the upper slopes. Key Views: Extensive panoramic views from higher ground on hill slopes along coast to the Calf of Man, inland over the Scarlett Peninsula and up the Southern Uplands and Meayll Hill. 2.3 Scholaby Mill is identified in the Southern Area Pian as being worthy of consideration for Registration. 2.4 The planning policies which are considered appiicabie to this proposai are as follows: Strategic Policy 1 which states; Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services. General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) Environment Policy 1: TTie countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises ail land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. The site is within an area of an Area of High Landscape or Coastal Value and Scenic Significance on the Isle of Man Planning Scheme (Development Plan) Order 1982 and as such Environment Policy 2 is applicable; The present system of landscape classification of Areas of High Landscape of Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce difference categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: a) the development would not harm the character and quality of the landscape; or b) the location for the development is essential. Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria: a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; b) details of pollution and alleviation measures must be submitted; Page 2 of 8 25 March 2014 14/00179/B

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c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species." Environment Policy 27 states: environment, including sites contaminated by former mine workings, along with other Government Departments, local communities, the private sector and all appropriate agencies in order to ensure the appropriate reclamation, water management planting of appropriate tree species, the management of special habitats including aquatic habitats and the removal of eyesores." This is potentially more applicable to PA 13/00868 for the mine adit and cottage site than this current application. "The Department will seek to enhance the natural Housing Policy 11: "Conversion of existing rural buildings Into dwellings may be permitted but only where. a) redundancy for the original use can be established; building is substantially intact and structurally capable of renovation; __ tuilding 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 3.1 Planning permission was granted for the principle of conversion of the mill Into a dwelling under PA 07/0359. This required, inter alia that no dormers be inserted into the roof nor the introduction of a proliferation of additional windows. Permission was granted for the rebuilding of the lean-to annex either in the same form as it presently is or as having a gable with the ridge running back into the main body of the mill. The provisions of the Town and Country Planning (Permitted Development) Order 2005 were suspended and the application for the reserved matters was to iilustrate the form of access from the Scholaby Road to the site either in the form of an informal gravelled driveway or hardcored track and not a concrete, paviored or tarmacadam finished driveway. The conditions also required that the application for reserved matters include a detailed report into the presence of bats within the building and a method statement into how they would be dealt with if found. Also the applicant was advised to consult the Inland Fisheries Section of Department of Agriculture, Fisheries and Forestry in respect of any work undertaken close to or within the watercourse. 3.2 Planning permission was also sought for the principle of the renovation of the cottage to the south east which was approved on appeal, PA 07/00360 and in detail under PA 08/02112. 25 March 2014 14/00179/B Page 3 of 8

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3.3 Permission was granted for the reserved matters under PA 09/00036. This proposed minimal change to the building and no additions to the existing footprint. As far as it is known, no application was made under the Building Regulations for this work which has not been commenced. This permission has now expired, THE PROPOSAL 4.1 Proposed is the conversion of the mill to a dwelling. The scheme differs from the previous one in that the car parking is no longer proposed alongside the footpath, which was not wide enough for safe or convenient access and egress. Also the physical changes to the building are different. All the changes attempt to address the previous draft reasons for refusal which were: The provision of a car parking area as proposed would alter the appearance of the building as viewed from the east and would provide inadequate space for vehicles to be able to park and manoeuvre safely in and out of the spaces, to the detriment of the users of the public footpath immediately adjacent to the site and The inclusion of the extensions to the eastern elevation will undermine the simplicity, charm and character of the existing building and thus be contrary to the requirements of Housing Policy 11. These extensions are not considered to be required for the provision of essential facilities and as such are considered unwarranted. 4.2 Car parking is to be provided alongside the building on the lower side with a hard surfaced track leading up to the accessway. This will be finished in paviors in a bracken colour. 4.3 The building is to be extended to the east albeit in a more simple form than previously proposed, with a sloping pitch running from the eastern pitch of the main building but with differing widths to minimise the impression of additional mass and the impact on the main building which is of simple form, The majority of the new roofing will be below lane level and the additional walling will be finished in a textured cladding. The applicant's agent has agreed on natural titanium - a dark grey coloured finish for this part of the scheme. 4.4 The main building will be extended at first floor level with a aluminium curtain walling system and copper sheeting clad roofed conservatory. The existing building is to be retained and the stonework repointed and the roof refinished in natural slate. 4.5 The scheme will result in a four bedroomed dwelling with living room open plan kitchen and dining room. REPRESENTATIONS 5.1 Rushen Parish Commissioners indicate that they support the re-use and general scheme for the building but oppose the use of sheeting as they feel that this is inappropriate compared with the traditional use of materials on the remainder of the building. They fully support the re-use of the building and appreciate that it needs to be brought up to modern habitable standards. They have submitted a further letter which adds that consideration should be paid to the definition of the curtilage and the means of access - which should only be from Scholaby Road - as this is the original access to the property. 5.2 Highways does not oppose the application. 5.3 Department of Environment, Food and Agriculture expresses concern in respect of the proximity of the works to the watercourse and recommends that the applicant consults them and completes the form regarding Development within 9m of a watercourse. Page 4 of 8 25 March 2014 14/O0179/B k

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5.4 Isle of Man Water and Sewerage Authority raises no objection subject to the appiicant obtaining the appropriate permissions under the Land Drainage Act for any works to the watercourse. 5.5 Two residents of Maughold encourage the reinstatement of the waterwheei which they suggest shouid be a condition. 5,6 A resident of Dougias is concerned about the site definition and points out that the site accommodates a pubiic footpath and that Environment Poiicy 1 deters deveiopment in the countryside and the proposed development wouid be in breach of this. No reference is made to General Poiicy 3 or Housing Poiicy 11 which couid permit this form of development. 5.7 The resident of The Shanty which lies aiongside the Baiiakiipheric Road alongside the easternmost part of the land holding, objects to the application on the basis that the access to the miii wili have to be past her house as the Scholaby Road access is unusabie by vehicles despite previous applications and approvals indicating that this wouid be the access to the site, She suggests that the current owner has prevented tractors from using the eastern access on the basis that it wiii damage the track aithough the amount of traffic which wiil be generated by the proposed scheme wiii surely cause as much damage. Tractors have been permitted to use the track for the two grass cutting sessions of the year. ASSESSMENT 6.1 The important considerations in this case are the impacts of the proposed conversion on the appearance and character of the property. As the buiiding has been identified as being of sufficient architectural and historical interest to warrant consideration for Registration, it is important to consider these eiements in the interests of the buiiding itself, not just the impact from a pubiic perspective. It is aiso reievant that permission has been granted relativeiy recently for the conversion, albeit in a different form. As such, and as the building would not appear to have deteriorated significantiy since then and there was a structural report included in the most recent application, which indicates that the buiiding appears to be sound, it is recommended that the building is suitable for conversion under the terms of Housing Policy 13. 6.2 There are no details of any works to the mill pond, nor any specific proposals for a water wheel so these should not be considered in the assessment of this current application. It is important that the residential curtilage is defined such that it includes only the area where residential use and potentially domestic type development would be acceptable and in this respect, the land to the north including the former mill pond should not be included in the residential curtilage and a condition can and should be attached to this effect. 6.3 The critical issues therefore are whether the scheme preserved and respects the character of the existing building whilst accommodating a new and different use and importantly, whether the extensions are consider modest and subordinate and whether they respect the character and appearance of the building. In this respect, whilst the use of different materials in the extension could be considered to be different, and therefore inconsistent with the rest of the building, it is recommended that the contrast is actually a positive element which preserves more or less intact the original building and does not try to make it appear as if what is proposed has always been on site in this form. The building has a certain industrial character in terms of appearance and former function and as such, the use of dark grey cladding is considered appropriate and acceptable. 6.4 The changes to the extension have resulted in the extension being more subordinate and less intrusive than was previously proposed. It is particularly relevant that the majority of the alterations are on Che elevation which faces into the site rather than presenting themselves to the public footpath. From the footpath the building will appear relatively unchanged. 14/00179/B Page 5 of 8 25 March 2014

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6,5 Whilst the policy requires generally that buildings should be large enough as they stand, for conversion to a new use, it does also include the provision for a "modest, subordinate extension which does not affect adversely the character or interest of the building". As such, it is considered that the proposals accord with this requirement. Whilst a more modern approach to such additions can provoke very contrasting views, it can be considered acceptable - such as in the case of the former box factory in Port St. Mary (PA 13/91520/B). 6.6 The proposals for the remainder of the building - including the treatment of the southern elevation and the construction of the sunroom on top of the southern annex is considered to be imaginative and responds well to the need to preserve the character of the building whilst providing an acceptable modern living environment. 6.7 The means of access is shown as being from the Scholaby Road. However, there is nothing preventing the owner from using the track across the top of the site to gain access to and from the Ballakilpheric Road. Both roads are narrow country roads and neither is ideal for the accommodation of a significant amount of additional traffic. However, after construction is complete, the traffic from this converted mill, plus that from the cottage, which is very modest in area, are considered sufficiently low in level to be accommodated satisfactorily by either route. In both cases, improvements to the access tracks to and from both the Scholaby and Ballakilpheric Roads would need to be the subject of a successful planning application before works could be undertaken and at that point, the applicant would need to demonstrate, if the works were intended for the Ballakilpheric direction, that the Scholaby route was impracticable. Whilst it is understandable that the occupant of The Shanty would be concerned about increases in traffic past her property, as that property sits right alongside the access, this needs to be balanced against the positive impacts of the re-use and renovation of the mill and cottage, which are visible from the public footpath and their continued deterioration and lack of maintenance would not be beneficial to users of that footpath. Summary 6.8 The building is an important and interesting one which has been the subject of an approval to convert to living accommodation and is of acknowledged interest historically. There is no objection to the principle of the renovation and conversion of the building to living accommodation and its continued neglect is not welcomed. However, the way in which it should be converted should be sensitive to the character and simple form of the existing building and should accommodate the need for access and car parking as subtly as possible. It is considered that the proposals represent a sensitive approach and will result in an appropriate and imaginative refurbishment of a building in the public eye. PARPi' STATUS 7.1 The local authority, Rushen Commissioners are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. 7.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d. 7.3 Department of Environment, Food and Agriculture and Isle of Man Water and Sewerage Authority are statutory authorities which raise material planning considerations and as such should be afforded party status under Article 6(4)(c) of the Town and Country Planning (Development Procedure) (No 2) Order 2013 7.4 The resident of Ttie Shanty is immediately alongside an access which is within the blue lined area and as such should be afforded party status in this case. 7.5 The residents of Maughold and Douglas are not directly affected by the proposal and as such should not be afforded party status In this case. Page 6 of 8 25 March 2014 14/00179/B

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Recommendation Recommended Decision: Permitted Date of Recommendation: 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 Cl. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C2. This approval relates to the conversion and alterations and extensions of the existing mili to a dweliing, as shown in drawings S-01, P-02, P-03 and P-04 all received on 13th February, 2014 and the development must be undertaken In accordance with these drawings. In particular, no approval is hereby granted to the rebuilding of any fabric which may, during the course of construction, become unstable, or fall down or be removed. Such removal of existing fabric could invalidate the approval hereby granted. C3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, polytunnels, walls, gates, fences, garden sheds, summerhouses, decking, garages, car ports, flag poles or tanks for the storage of oil or gas for domestic heating shall be erected nor windows or rooflights, solar panels or ground or water source heat installations replaced or installed (other than those expressly authorised by this approval). C4. The textured cladding to be used must be "natural titanium" as illustrated in the manufacturer's brochure, unless otherwise approved by the Planning Authority. C 5. No approval is hereby granted to the use of any of the land to the north of the footpath, shown within the red line, as residential curtilage which must be confined to the area to the south of the footpath as shown in red on plan reference S-01. N 1. The application has been considered on the basis that the means of access to the site from a public carriageway is to the west from the Scholaby Road. No approval is hereby granted for Page 7 of 8 25 March 2014 14/00179/B

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the access to be from the east from the Ballakilpheric Road although the applicant or subsequent owner/occupier may have rights of access over this route. No approval is hereby granted to any works to upgrade either track, although as the access is shown from the Scholaby Road, proposals may be acceptable for the upgrading of this route, depending upon the nature of these works. Any materia) change to this access will require planning approval. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority. a. Decision Made: Committee Meeting Date Signed Presenting Officer Further to the decision of the Committee an additional report/condition reason is required, signing Officer to delete as appropriate NO 25 March 2014 14/O0179/B Page 8 of 8