Isle of Man

Government Kelly's Ellen Francis

Kelly Lewthwaite Building Design 23 Market Street Douglas IM1 2PA

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mr Colin Mowle, Ref 13/00828/B, for the Alterations and extension to dwelling at Cronk-Ny-Shee Cordeman Road St Marks Ballasalla Isle Of Man IM9 3AJ subject to compliance with the following condition(s):

The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the alterations and extension shown in drawings 1, 2 and 3 all received on 15th July, 2013 and the development must be undertaken in accordance with these drawings.

Date of Issue: 19th August 2013

M Kallyher

Director of Planning and Building Control

Guidance Note

This decision was made by the Development Control Manager in accordance with the authority delegated to her.

This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

The time for requesting an appeal has expired; or
Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]

13/00828/B

Case Officer : Miss S E Corlett Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Officer's Report

THE SITE

1.1 The site is the residential curtilage of an existing dwelling, Cronk ny Shee which is situated to the north of the Bayauyr and to the west of the Cordeman Road. The dwelling is a former barn which was converted in 2002 (see Planning History) and has outbuildings in an L shape to the north, within the curtilage. Access is from the Cordeman Road. To the south is Upper Cordeman Farm, the house with which the application property was originally associated before being converted and separated therefrom. 1.2 The existing dwelling is very simple in form and finish with only a small chimney which provides a hint of the residential status of the property. The building is in a courtyard arrangement with some large glazed areas which belie the residential use but from the public view from some distance away the property still resembles barns.

THE PROPOSAL

2.1 Proposed is a single storey extension on the southern elevation to provide a living room. The extension will be mostly glazed with a slated roof and stone plinth which sits alongside an existing stone walled patio. The extension would be 4.8 m by 5.6 m in area and 4.8 to the ridge.

PLANNING STATUS AND POLICY

3.1 The site lies within an area designated on the Southern Area Plan as Open Space, not designated for any particular purpose. The site lies within an area of Incised Slopes on the Landscape Character Appraisal where the following is identified for consideration: "The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities. Key Views include distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons and open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views." 3.2 The property was created through the conversion of a former barn. As such it is relevant to consider the policy advice which would have applied to that development. At the time of that application, Planning Circular 3/89 would have been the prevailing policy, now

superseded by Housing Policy 11. Both policies include a provision that once converted, further extensions will not be permitted. HP 11 states "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."

PLANNING HISTORY 4.1 Planning permission was granted for the conversion of the barns to living accommodation under PA 02/00988. The additional outbuildings were permitted for conversion to ancillary accommodation, garaging and recreation facilities in association with the application dwelling under PA 03/00040. The conversion was subject to amendments under PA 03/00164. A wind turbine was approved under PA 05/92138 (which has since fallen down).

REPRESENTATIONS

5.1 Malew Parish Commissioners indicate that they do not oppose the application. 5.2 Manx Electricity Authority request consultation regarding existing services on the site. There is no indication that these are overhead and as such this is not a material planning concern in this case. 5.3 Highways Division indicate that they do not object to the application.

ASSESSMENT

6.1 The proposed works will not significantly change the character of the property which is the main concern. It will add an element of domesticity to the building. However, it already sits within a residential curtilage and has lost a little of its agricultural feel through low walling and gardens. 6.2 As such, it is not considered that the works would undermine the character of the property such that the proposed works would be contrary to the spirit of HP11 and as such the application is recommended for approval.

PARTY STATUS

7.1 The local authority, Rushen Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status. 7.2 The Highway Authority is now part of the Department of Infrastructure of which the Planning Authority is part. As such, the Highway Authority cannot be afforded party status in this case. 7.3 Manx Electricity Authority does not raise material planning considerations and as such should not be afforded party status in this case.

Recommendation

Recommended Decision: Permitted

Date of 12.08.2013

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

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

C 2. This approval relates to the alterations and extension shown in drawings 1, 2 and 3 all received on 15th July, 2013 and the development must be undertaken in accordance with these drawings.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : \qquad Determining officer (delete as appropriate) Signed : \qquad Anthony Holmes Senior Planning Officer Signed : \qquad Michael Gallagher Director of Planning and Building Control

Signed : \qquad Sarah Corlett Senior Planning Officer Signed : \qquad Jennifer Chance Development Control Manager

Planning Case History for Upper Cordeman Cordeman Road St. Marks

Ballasalla IM9 3AJ

Case Number: 13/00828/B

Proposal: Alterations and extension to dwelling

Status: Pending Consideration

Case Number: 05/92138/B

Proposal: Erection of a wind turbine

Status: Permitted

Initial Decision: Permitted, 9th January 2006

Conditions:

The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the erection of a 9m high pole on which is mounted a wind generating turbine with 5.5 diameter rotor blades in the location furthest from the existing buildings as shown and described in plans reference HLK/05/0211/1 and -2 and the supporting information, all received on 7th November, 2005.

Case Number: 05/00472/B

Proposal: Reinstatement of original gate pillar and provision of access gates, Cronk Ny Shee and

Status: Permitted

Initial Decision: Permitted, 16th May 2005

Conditions:

The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the erection of a gate pillar as shown in drawing reference HLK/121/2 and the site and location plans, all received on 14th March, 2005.
The gates may only open into the site and not onto the public highway and be hung on the faces of the gate pillars which are orientated towards Cronk ny Shee.

Case Number: 03/00164/B

Proposal: Amendments to approved conversion of farm building to dwelling (02/00988B)

Status: Permitted

Initial Decision: Permitted, 12th June 2003

Conditions :

The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the plans and information submitted as part of this application and date stamped 17th April 2003.
The conditions attached to PA 02/0988 which granted approval to the conversion of farm building to dwelling shall apply to this application.

Case Number : 03/00040/B Proposal : Conversion of redundant farm building into garage, recreation, and guest suite in association with previously approved conversion to dwelling (02/00988B) Status : Permitted

Initial Decision : Permitted 9th July 2003 Conditions :

The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to drawings submitted as part of this application and date stamped 2nd April 2003.
The guest suite may be used in association with the main dwelling only and not as a separate unit of accommodation.

Case Number : 02/00988/B Proposal : Conversion of farm building to dwelling including the erection of conservatory Status : Split Decision

Initial Decision : Split Decision 29th November 2002

The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the plans submitted as part of this application and date stamped 9th August 2002 (drawing numbers HLK/02/0169/1, HLK/02/0169/2, HLK/02/0169/3 together with location plans).
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.
All plumbing stacks must be constructed internally.
The roof(s) must be finished in dark natural slate.
The exterior stonework must be of a traditional nature.

NOTE: Split stone on a backing render is not acceptable as an external finish. 7. All existing stonework must be retained as such and must not be rendered, painted or similarly treated. 8. 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, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval). 9. For the avoidance of doubt, the extent of the residential curtilage shall be that indicated in drawing number HLK/02/0169/3. 10. For the avoidance of doubt, approval is hereby granted for the conversion of farm building to dwelling. No approval is hereby granted or implied to the construction of the proposed conservatory.

Initial Decision : Permitted 26th April 2002 Conditions :

The development hereby permitted shall commence before the expiration of four years from the date of this notice.
The external finishes of the extension must match those of the existing building in all respects.
The building may be used only as a private residence.

PA13/00828/B Mr Colin Mowle Alterations and extension to dwelling, Cronk-Ny-Shee Cordeman Road St Marks Ballasalla Isle Of Man IM9 3AJ Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 18.07.2013, includes;

Reg Tree Areas: Registered Trees Areas: Upper Cordeman Farm Dev Control Polygons: Reference Number: 05/92138/B Status: Permitted Proposal: Erection of a wind turbine Reference Number: 05/01936/B Status: Permitted Proposal: Erection of stables and outbuilding and existing p & w fence to be replaced with new 1.8 m high stone wall / sod hedge Reference Number: 03/00040/B Status: Permitted Proposal: Conversion of redundant farm building into garage, recreation, and guest suite in association with previously approved conversion to dwelling (02/00988B) Reference Number: 02/00988/B Status: Split Decision Proposal: Conversion of farm building to dwelling including the erection of conservatory Reference Number: 05/00472/B Status: Permitted Proposal: Reinstatement of original gate pillar and provision of access gates, Cronk Ny Shee and Reference Number: 03/00164/B Status: Permitted Proposal: Amendments to approved conversion of farm building to dwelling (02/00988B) Reference Number: 01/02237/B Status: Permitted Proposal: Alterations and extensions to dwelling and creation of vehicular access

BC Case Polygon: Reference Number: 03/07049/OTH BC Case Status: Building Work Started Proposal: Concersion of buildings into living accommodation Reference Number: 03/07521/OTH BC Case Status: Building Work Started Proposal: Conversion of redundant farm buildings into garage, recreational area and guest suite Reference Number: 02/07199/DEX BC Case Status: Building Work Complete Proposal: Alterations and additions Reference Number: 02/07091/DEX BC Case Status: Plans Rejected

1300828b Dec Decision Notice