Officer Planning Report

Application No.: 10/01511/C Applicant: Trevor Roberts Proposal: Additional use of dwelling as tourist accommodation Site Address: Swallow Beg Gibdale Farm Bayrauyr Road St Marks Ballasalla Isle Of Man IM9 3AT ### Considerations Case Officer : Miss S E Corlett Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose. Consultee : Malew Parish Commissioners Notes: Defer pending a site visit. Consultee : Mr C Kniveton Chief Executive DED Notes: Comments received.

Officer's Report

The Site

The site represents the curtilage of an existing dwelling - Swallow Beg, a former barn which was converted some time ago into living accommodation associated with the main farmhouse. Subsequently the tie between the barn accommodation and the main house was severed (see Planning History). The building has to its south, a garage and to the east is an existing dwelling - a old farmhouse with more modern bungalow attached, which has permission to be replaced by a new dwelling to be built to the south east of the barn which is the subject of this application.

The barn has an integral garage on the ground floor along with a kitchen, dining and living rooms, a sun lounge and on the first floor are three bedrooms, two of which are en-suite and a bathroom and store with en-suite facilities.

PLANNING STATUS

The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as "white land", that is, not designated for development.

On the draft Southern Area Plan which was published on 23rd October, 2009 the site lies within an area designated as Incised Slopes where the following advice is provided:

"Incised Slopes - Ballamodha - Landscape Character Area 2 - Ballamodha, Earystane, and St Mark's: This is a fairly resilient landscape which has accommodated incursions of modern built development without severe detriment. However, some of the larger-scale residential developments lack either the topographical setting or the groups of trees which might have mitigated their visual impact."

The draft Planning Policy Statement 2/09 - The Role of Landscape Character in Development states:

"4.5 Type D: Incised Slopes The overall strategy for the protection and enhancement of the Incised Slopes Landscape Character Type is to conserve and enhance: the remote and rural character; the relatively sparse settlement pattern of traditional hamlets and scattered farm buildings; the network of sunken and enclosed rural roads; and the substantial hedgerows and sod banks dividing irregularly-shaped pastoral fields. Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:-

• Care should be taken to ensure that housing and business development does not detract from the distinctive identity and setting of settlements, and avoids coalescence with other settlements within this Landscape Type;
• The design and layout of new housing and business development should include appropriate native structure planting to soften urban edges and enhance the transition to the wider landscape;
• Approach routes, key views, and gateways to settlements within these landscapes should be enhanced;
• Linear development along roads from settlements that extends urbanising influences into the wider countryside should be avoided;
• The use of local vernacular building styles and materials should be encouraged;
• New farm buildings that would compromise the pattern and scale of farmsteads across the undulating Incised Slopes landscapes should be discouraged;
• Care should be taken to minimise loss of hedgerows, sod banks, and other distinctive boundary features along road corridors;
• Tourist-related development, such as camp-sites, should avoid visually prominent locations, particularly those which can be viewed from higher land and those which would extend urbanising influence along the coast;
• Care should be taken to avoid the suburbanisation of river valleys and stream corridors;
• Tall vertical telecommunications masts or structures which detract from the sloping landform or create visual clutter should be avoided."

PLANNING HISTORY Planning permission has been sought for the following developments:

PA 90/01327 - alterations and extensions - permitted PA 97/0103 - creation of hard surface farm track - permitted PA 01/0677 - conversion of agricultural building to agricultural dwelling - permitted subject to a condition which required the occupation to be in association with Gibdale Farm and not as a separate unit of residential accommodation PA 02/1446 - installation of windows - permitted PA 04/1462 - removal of agricultural worker's occupancy condition - refused on appeal PA 05/1707 - retrospective application for modification of access - permitted PA 06/0256 - erection of agricultural building - permitted PA 08/0574 - erection of replacement dwelling and garage - refused PA 09/0703 - erection of a replacement agricultural worker's dwelling - permitted

PA 09/1901 - variation of condition to allow Swallow Beg to be used as a separate unit of accommodation PA 10/0448 - creation of farm track - permitted.

The Proposal

Now proposed is the additional use of the property as tourist accommodation. No changes to the building are proposed.

Representations

Malew Parish Commissioners seek a deferral of the application pending a site visit. The applicant indicates that he does not grant the Commissioners access to the site. Following denial for access to the site the Commissioners indicate that they do not object to the application.

Highways and Traffic Division indicate that they do not oppose the application. Department of Economic Development fully supports the application which is sympathy with their policy to encourage quality guest accommodation.

Assessment

The Strategic Plan refers to tourist at Business Policy 11 and 13 which state: Business Policy 11 states: "Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings would be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted".

Business Policy 13 states: "Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents."

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.

Department of Economic Development are a statutory authority and as such should be afforded party status in this case.

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: 03.12.2010 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 use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.

C 2. This permission relates to the additional use of the property shown in drawings received on 13th october, 2010 as tourist accommodation.

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