Officer Report PA 10/00420/B

PA 06/00333/REM - Reserved matters application for the erection of an agricultural retirement dwelling Status - Permitted 22nd August 2006 Conditions 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2. This permission relates to the erection of a dwelling, parking area and access as shown in drawings reference BA210.P10-01, -03 and -04 received on 23rd February, 2006 and BA210.P10-02A received on 5th June, 2006. 3. The dwelling may be occupied only by a person or persons engaged or last engaged solely in agriculture; or a widow or widower of such a person, or any resident dependants. 4. Prior to the commencement of any excavation or building works on the new dwelling, the proposed access, complete with visibility splays as shown in drawing reference BA210.P10-02A must be in place and available for use. 5. The existing access onto the B40 must be closed off by the creation of walling and/or sod hedging to match that on each side, immediately following the completion of the new approved access. 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, garden sheds, summerhouses, decking or garages shall be erected. Note: if applications are to be made for such structures or any other new buildings on the site, such should be sited on or towards the western side of the site so as to reduce the visual impact of such further development 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005, no windows may be replaced without the permission of the Planning Authority and the windows to be installed in the new dwelling must match those shown in drawing reference BA210.P10-04 received on 23rd February, 2006. PA 07/0282 - Conversion of existing sheep shed into a printing workshop Status - Permitted 4th June 2007 Conditions 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2. This permission relates to the use of the existing sheep shed for a printing workshop as shown in the plans reference 01,02,03,04,03 B and 04B all received on 14th February, 2007. The printing press may be used only as a facility ancillary to the artists' facilities presently on and/or approved on the site under the provisions of PAs 04/0471 and 05/92309. For clarification, this does not grant permission for the creation of a commercial printing facility available to the public. 3. Prior to the commencement of works on site, the applicant must have removed all existing vegetation which is of a height between 1 m and 1.8 m above road level growing between the edge of the Grenaby Road and the trunks of the existing trees alongside the highway to the north east of the access up to the culvert across the Grenaby Road and lower the stone wall to the south west of the access on the front boundary of the site to a height not exceeding 1 m above road level. This must be retained in a cleared condition following the occupation of the printing workshop. NOTE: the reason for this condition is to ensure that visibility for those in vehicles and leaving the site is maximised without prejudicing the rural character of the site as viewed from the public highway. PA 09/01119/B - Alterations and erection of an extension to dwelling house Status - Permitted 19th August 2009 PA 10/00363/B - Erection of a porch and detached garage - pending consideration ## The Proposal Now proposed is the demolition of the existing lean-to shed and supporting wall and their replacement by a new building with a double-pitched roof (ie not attached to a rear wall) with a new retaining wall. The walling will be finished in render to match existing adjacent buildings, some of which are in fact stone. Within the building there will be a large open workshop with a toilet facility at one end which may be accessed from within the building and from outside. ### Representations Highways and Traffic Division Department of Infrastructure and Arbory Parish Commissioners indicate that they do not oppose the application. ### Assessment The proposal should be considered in respect of the following Strategic Plan policies: Strategic Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3". General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10) b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14) e) location-dependant development in connection with the working of minerals or the provision of necessary services; f) building and engineering operations which are essential for the conduct of agriculture or forestry g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and h) buildings or works required for interpretation of the countryside, its wildlife or heritage". 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". Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value". The draft Southern Area Plan which was published on 23rd October, 2009 includes the following: "5.8.3 Outside the main se ttlements of Castletown, Port Erin, Port St Mary and Ballasalla there may be the need to provide very small scale workshops within the villages and hamlets which meet the requirements of the local workforce. This provision will be encouraged but again any proposals will be judged against strict development control criteria to ensure that there would be no major adverse impacts to neighbouring residents or users. Business Policy 5: Craft based workshops centred on existing villages and groups of houses in the countryside will generally be supported in order to provide additional employment opportunities. The presence of redundant buildings or previously developed land in such areas will be preferred sites for such uses before consideration will be given to the release of any open land. Uses must be acceptable in terms of size, siting, appearance and must not adversely affect neighbouring properties in terms of noise, smell or traffic generation." In this case, the building to be demolished forms part of a complex of old and converted buildings which now form artists' facilities which are used very successfully. It is unlikely that there are very many other facilities elsewhere on the Island. In addition, the building which is to be replaced forms part of the curtilage of the farmhouse, marking the edge of the residential curtilage and the start of the farmyard. As such, it is important that if the building is to be removed, that it is replaced by something which will mark the separation between the two elements. The policy in the draft southern plan supports this form of development, which will not create significant levels of traffic and which will complement the other buildings in the complex. ## Party Status The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 30.04.2010

Conditions and Notes for Approval / Reasons and Notes for Refusal

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

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the replacement of the existing stone outbuilding with a craft workshop as shown in the drawing reference AT 1039.1 and the location plan both received on 23rd March, 2010.

I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.

Decision Made : Permitted Date :

Signed : Senior Planning Officer