Committee Officer Report 13/91528/B

Application No.: 13/91528/B Case Officer : Mr Edward Baker ### Applicant: Mr Martin & Mrs Maria Marlow Proposal: Erection of four tourist units with ancillary laundry facilities (retrospective) including part demolition and alterations of adjoining building to provide private garaging Site Address: Ard Na Mara Quines Hill Port Soderick Isle Of Man IM4 1BA Recommendation:** To REFUSE the application #### Planning

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE IN VIEW OF THE PLANNING HISTORY OF THE SITE.

The Application Site

1. The application site lies in the countryside between Port Soderick and Quines Hill, and to the north of the A25 Old Castletown Road.

1. The site comprises Ard Na Mara house, which is a large detached dwelling that replaced the farmhouse originally on the site, unauthorised holiday units at the rear of the house, and a storage barn behind the holiday units. The application specifically relates to the holiday units.

1. The site is accessed via a farm track from the north side of Old Castletown Road. As well as the site, the track also serves a small bungalow, Southampton Cottage, which is located to the opposite side of the track to the immediate east, and Southampton Farm which is located to the north west.

1. The site is situated on the side of a gentle hill with the land rising in a north westerly direction. The farm track has a hedgerow on either side and is lined by a row of mature trees.

1. The edge of the village of Port Soderick is to the south west of the site and the small hamlet of Quines Hill is situated to the east. The site has a rural setting, being surrounded by open agricultural land.

1. The holiday units have been built without planning approval in the broad location of what was once a range of old stone barns which were demolished. The planning history of the site is set out in detail later in the report.

1. The unauthorised holiday units comprise a single and large broadly “F” shaped block. The buildings have two storeys and are faced in white smooth render with artificial stone quoins, with a natural slate roof. Access to the holiday lets is via the farm track and parking is provided at the rear.

The Proposal

1. The application seeks planning approval to retain the existing buildings in a modified form. The existing buildings comprise seven holiday units. Three of the holiday units would be

removed, reducing the development to four. The principal change to the buildings will be a reduction to the size of the north east wing from two storeys to single storey, together with a reduction of its length by 6.5 metres. The three holiday units will be removed from this part of the building and the resulting single storey building is proposed to be used as a quadruple garage for Ard Na Mara house.

1. It is also proposed to make a number of aesthetic changes to the buildings. Parts of the buildings, mainly on the south east and south west elevations, are to be partially faced in natural stone with some areas of timber cladding. The flat roofed store/laundry at the rear would be clad in timber. The existing white render would be repainted with grey or another colour to be agreed by the Planning Authority. The existing stone quoins are to be removed. The double gable on the south west part of the buildings currently has a masonry link above the arch between the two gables and this would be removed. Stone lintels would also be added above some of the existing openings. There would be changes to some of the window patterns and timber boarding introduced below the two first floor windows on the south east double gable. Existing white rainwater goods would be replaced with black rainwater goods. The existing white fascias and barge boards would be replaced with wood or a wood effect finish.
2. In proposing these changes, the applicant's intention is to provide a clear architectural distinction between Ard Na Mara house and the proposed buildings. The applicant intends that the revised buildings will give the impression of being converted barns rather than new build.
3. The submitted drawings show alternative proposals for the treatment of the south east double gable of the south western part of the buildings. One option is to clad this elevation entirely in natural stone, and the other option is to clad it with a mixture of stone, render and timber.
4. The application is supported by a planning statement. It follows pre-application discussions with the Planning Authority.

Planning History

1. The site has the following planning history.
2. 05 / 0204 / B - Alterations and extension to dwelling (approved)

A planning application was submitted in 2005 for alterations and extensions to the dwelling to provide additional living accommodation and granny flat. This application was approved and the works were carried out.

1. 06 / 00964 / B - Conversion of redundant barns to four holiday cottages (approved at appeal)

A detailed application was submitted in 2006 for the conversion of redundant barns to four holiday cottages. The application related to the south western part of the barn complex.

The application was refused for the following reasons: R1. The proposal is considered to be contrary to the provision of Planning Circular 3/89 Renovation of Buildings in the Countryside in that the existing barns are not considered to be structurally capable of renovation. As such, the proposal would be tantamount to the construction of new buildings in the countryside for tourist accommodation, such a proposal being contrary to the established policies of the Department.

R2. The proposed car parking area, which is in excess of the requirements for the number of units proposed, would introduce a large area of hard standing, to the site, and limited soft landscaping and amenity space for tourists occupying the units, to the detriment of the visual amenity.

The decision was subsequently appealed by the applicant. A hearing was held in January 2007 and the Planning Inspector recommended that the application be refused. The Inspector dismissed the view that the building was not capable of renovation on the basis that the appellant had submitted professional advice to say that it was, and the Planning Authority had no professional who could contradict that. However, he felt that the buildings did not have particular architectural or historic or social merit and they did not contribute to the character of the countryside.

The Minister disagreed with the Inspector and approved the application, albeit agreeing with the Inspector that the plans were so poor that the approval should be in principle only.

1. 08/00560/B Erection of a swimming pool (refused)

In 2008 an application for an extension to the dwelling to provide for a swimming pool was refused on the basis that the scale, form and appearance failed to respect the form and proportion of the existing dwelling.

1. 09/00385/REM Reserved matters application for the conversion of redundant barn to four holiday cottages (approved)

The application was approved under delegated powers in May 2009. The decision was subject to a condition that restricted occupancy to between the 1st March and 1st October for individual lets, not exceeding four weeks in duration, to bona fide tourists. Outside of this period longer lets to bona fide tourists were permissible.

The application was for conversion, but did include the removal and rebuilding of part of the walls as shown on the approved drawings. No works were proposed to the remaining barns.

1. 11/01583/B Conversion of redundant barn to three holiday cottages and creation of additional parking (withdrawn)

The application was for the conversion of the remaining barns to holiday units. The Planning Authority carried out a site visit as part of its consideration of the application and it was apparent that the original barns were no longer standing. In their place was a range of new buildings.

Given that the original barns had been demolished and rebuilt the application for conversion was unable to be determined. The application was therefore withdrawn.

1. 12/00233/B Demolition of barns and erection of seven tourist units (retrospective)

The application sought retrospective approval for the erection of the unauthorised buildings, comprising seven holiday units.

The application was refused by the planning committee on the grounds that the proposal was for unjustified new building in the open countryside. The design and character of the development did not serve to contribute to or enhance the visual amenities of the locality. The decision was issued in July 2012.

The applicant appealed the decision and an appeal hearing was held in October 2012. The Planning Inspector recommended to the Minister that the appeal be dismissed. On 1st March

2013, the Minister determined that the appeal should be dismissed, confirming refusal of the application on the following grounds:

'The proposal is contrary to General Policy 3 and Business Policy 11 of the Isle of Man Strategic Plan 2007 in that the development represents new development in the open countryside contrary to established planning policy for which no acceptable justification has been given. The design and character of the proposal does not serve to contribute to or enhance the visual amenities of the locality.'

The findings of the Planning Inspector and conclusions of the Minister are referred to in more detail later in this report.

1. 12/00275/B Erection of a building to replace existing barn for the storage of TT course equipment. Land adjacent to Ard Na Mara House (withdrawn)

An application was submitted in 2012 seeking planning approval for the erection of a building to be used for the storage of TT course equipment. The building was to be located to the rear of the holiday lets and would replace the existing barn which would be removed. The application was withdrawn in October 2012.

1. 13/00132/NOTICE - Enforcement Notice issued by the Department of Infrastructure requiring demolition of the unauthorised holiday units.

The Enforcement Notice was issued on 27th September 2013 and cited the Minister's reason for refusing application 12/00233/B as the reason for it being issued. The Enforcement Notice requires the demolition of the seven holiday units. The period for compliance is within 12 months of the date that the notice comes into effect (i.e. by 25th October 2014).

The applicant has appealed the Enforcement Notice and the appeal is due to be heard by the High Bailiff in May 2014.

PLANNING POLICY

1. The Development Plan for the area consists of the Isle of Man Strategic Plan 2007 and Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991. The Local Plan is a series of proposal maps only. The accompanying written statement, which provides explanation and interpretation of the various policies annotated on the proposal maps, does not formally form part of the Development Plan, and is Circular 6/91 Braddan Parish District Written Statement.

1. The following policies in the Isle of Man Strategic Plan 2007 are relevant to the consideration of the application:

Strategic Policy 1:

'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(1) and amenity standards; and

• (c) being located so as to utilise existing and planned infrastructure, facilities and services.'

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 [General Policy 3].'

Strategic Policy 5: 'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.'

Strategic Policy 10: 'New development should be located and designed such as to promote a more integrated transport network with the aim to:

• (a) minimise journeys, especially by private car;
• (b) make best use of public transport;
• (c) not adversely affect highway safety for all users, and
• (d) encourage pedestrian movement.'

Spatial Policy 5: 'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.'

General Policy 1: 'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.'

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:

• (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, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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 2: 'The present system of landscape classification of Areas of High Landscape or 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 different 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.'

Business Policy 11: '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 could be used for tourist use and Environment Policy 16 sets out circumstances where this may be permitted.'

Business Policy 14: 'Tourism development may be permitted in rural areas provided that it complies with the policies in the Plan. Farmhouse accommodation or quality self catering units in barn conversions and making use of rural activities will be encouraged but must comply with General Policy 3 and Business Policies 11 and 12. Other forms of quality accommodation in rural areas will be considered, including the provision of hostels and similar accommodation suitable for walkers but must comply with General Policy 3 and Business Policies 11 and 12.'

Transport Policy 7: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'

1. Environment Policy 16, Housing Policy 11, and Business Policy 12 are not strictly relevant to the application as they relate to proposals for the conversion of existing buildings. However, these policies were considered as part of the determination of earlier applications for the site, and are provided below for information and to provide policy context.

Environment Policy 16:

'The use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use may be permitted where:

a) it is demonstrated that the building is no longer required for its original purpose and where the building is substantially intact and structurally capable of renovation;

b) the reuse of the building will result in the preservation of fabric which is of historic, architectural, or social interest or is otherwise of visual attraction;

c) it is demonstrated that the building could accommodate the new use without requiring extension or adverse change to appearance or character;

d) there would not be unacceptable implications in terms of traffic generation;

e) conversion does not lead to dispersal of activity on such a scale as to prejudice the vitality and viability of existing town and village services; and

f) the use of existing buildings involves significant levels of redevelopment to accommodate the new use, the benefits secured by the proposal in terms of impact on the environment and the rural economy shall outweigh the continued impact of retaining the existing buildings on site.

Proposals to convert rural buildings to residential accommodation will be considered along with the advice given at Section 8.10 of this document.'

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 of interest of the building;

e) Residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; 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 buildings of similar, or even identical, form.

Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character.'

Business Policy 12:

'Permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10 Housing Policy 11.'