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THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPLICATION FOR THE ADJACENT SITE IS ALSO REFERRED TO THE COMMITTEE AND THERE IS A DIRECT RELATIONSHIP BETWEEN THE TWO SITES
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. 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 is the subject of a contemporaneous application – 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. 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 which is the subject of PA 13/00868, which is in full view from the public road.
2.1 The site lies within an area designated on the Southern Area Plan 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, 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 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;
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: "The Department will seek to enhance the natural 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."
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, pavioured 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.
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.
4.1 Proposed is the conversion of the mill to a dwelling. The scheme involves car parking alongside the road/footpath which runs past the northern elevation of the building, separating it from the mill pond. Some of the area designated for parking is not long enough to accommodate a full sized vehicle without overhanging the roadway: there are three full sized spaces available with the minimum width ( 2.4 m ). The width of the lane is insufficient to enable a full sized vehicle to be able to manoeuvre out onto the lane from the parking space. This parking area is built out from the road with accommodation below. Currently this elevation is a stone wall leading from roadway level to the lower level beside the mill. The parking avoids hard surfacing of the area to the side of the mill. 4.2 The existing lean to single storey annex at the south of the building is to have built upon it a two storey annex with first floor patio area around and large patio doors in the southern elevation of the new annex to lead out onto the patio. The southern elevation of the new annex will be finished in timber cladding. 4.3 To the east of the mill is to be built a slim annex which is pitched parallel with the main ridge. This projects out from the side of the property by 2.3 m and will have a roof pitched to match that of the main building with the same eaves level but with a much lower ridge level. This will abut the new parking area. The accommodation beneath the parking area will provide two bedrooms, one en-suite. 4.4 Elevationally, the existing apertures are largely being retained with the main changes being the additional fabric on the east and southern elevations. 4.5 The plans also have the following annotation with an arrow pointing to the northern end of the mill pond, "Upper mill pond to supply water for hydro electric generation in mill using a water wheel on the elevation of the former mill wheel." This is not referred to in any other drawings other than on the same drawing, the section states "hot water generated via a water wheel will be stored in tanks to the [sic] used for heating". 4.6 The applicant explains in a supporting statement that previous applications "significantly altered the external fabric" and that the current application seeks to preserve as much of the existing as possible They refer to the history of the site, and that the large dam which may have possible supplied water to the washing floor of one of the adjacent mines and the skilful way in which the building has been fitted to the difference in ground levels. 4.7 The applicant makes reference to the Strategic Plan policies which guide the development of existing buildings and previously developed land and development which is required for the interpretation of the countryside, its wildlife or heritage." 4.8 They consider that the proposal accords with the provisions of Housing Policy 11 I that they have provided advice from a Structural Engineer which confirms that the building is structurally capable of being converted, subject to some cracks within the building. No internal inspection was undertaken due to lack of access. The explain that the intention is to give "a clear indication of what is old and new and preserve as much of the original fabric and character of the Mill as possible". The consider that the extension to provide the car parking would only be visible from the private garden and that the "further bedrooms located to the west" (they are actually to the east of the main building) would have a metal roof to add to the industrial aesthetic of the building and be suitable for the addition of solar panels.
4.9 The applicant's personal circumstances are given, that she purchased the cottage and the mill in 2008 but has since experienced ill health and a relationship break up and has not been able to undertake the works approved to date. She hopes to convert the mill when finances are in place. The applicant states that "the design aims to reintroduce waterpower into the future use of the building and create a low energy, sustainable family home. The mill pond would be reinstate and used to power a new water wheel associated with the Mill, this would be used to generate electricity for household use and also in conjunction with solar hot water panels, located on the new south facing extension, to heat water. In addition the house will be insulated to a high standard and large south facing windows in the sun room will maximise solar gains".
5.1 Department of Environment, Food and Agriculture expresses concern about development within 9 m of a watercourse and have asked the applicant to complete an appropriate form in this respect. 5.2 Two residents of Maughold express concern at the lack of information about the restoration of the waterwheel but otherwise approve of the scheme as submitted. 5.3 Highways Division indicate that there is insufficient space to allow vehicles to manoeuvre out onto the public lane. 5.4 The Isle of Man Water and Sewerage Authority indicate that any works to the watercourse or affecting its flows will need consent under the Land Drainage Act 1934. They also point out that the access road is actually part of a dam and any works top this structure should be overseen by a suitably qualified engineer. It could also affect the levels of water in the two reservoirs and should be carefully considered. 5.5 Department of Economic Development has commented that the provision of an access may traverse former mine deads and that the application is required to give two weeks' notice to Department of Economic Development of any intended work, to provide a report of the findings of any ground investigations regarding the presence of former mine workings, provide details of the nature of the cap to be provided (none is included in this application) and keep a diary of site works concerning the capping of the Engine Shaft and treatment of any other mine working, complete with photographic record and provide a copy to the Department upon completion. 5.6 Correspondence has been received from Department of Environment, Food and Agriculture Fisheries, and the Isle of Man Water and Sewerage Authority in respect of potential work to the mill pond and concerns they have in this respect. The applicant has confirmed that these references are to future proposals not the current scheme. 5.7 A resident of Douglas objects to the application as the works are considered contrary to the character of the area and the policies appertaining to the site. No reference is made to any of the policies which support the conversion of existing buildings or any suggestion that they should not be applied in this case.
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 is a structural report 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. Similarly, there are no drawings of any solar panels or collectors so references to these should be discounted. It is possible under the provisions of the Town and Country Planning (Permitted Development) Order 2012 for a householder to install such equipment without planning permission, subject to certain restrictions, so it should not be taken that this element of the scheme is any more sustainable than it would be on any other dwelling where the provisions of the Order already apply. It is noticeable that whilst referred to and clearly an important consideration for the applicant, no reference is made on the drawings to the solar panels. 6.3 Whilst the applicant indicates that in her view the scheme introduces less change than did the previous scheme, there are to be additions to the eastern elevation, which is the one which faces pedestrians as they use the public footpath east to west. The two additions - the slim pitched roof annex and the car parking with mono-pitch roofs annex add massing and projection to this elevation and detract from the simplicity of the original form which faces the east. It is considered that these elements do not preserve or enhance the interest and character of the building. Furthermore, the function of these additions are to provide parking which would not seem to fulfil standard requirements, and to provide larger and more bedrooms, which is not considered an essential function which would over-ride concerns about their form. The previous scheme was proposed with no such additions, which suggests that the additional fabric is not essential. 6.4 The parking spaces range from almost 6 m for a stretch of around 5 m then decrease to a length of 5.9 to 4.2 m for the remaining 6 m or so. The ideal length of a parking space should be is manageable and on this basis there are three with a width of 2.5 m (the recommended width is 3.25 m in which case there would be two spaces which is within the recommended residential standard). However, the lane in front of the parking spaces is only 2.6 m wide - a single vehicle width which results in insufficient space in front of the parking bays to enable a vehicle to manoeuvre out onto the lane (the required distance is 6 m ). As this route is a public footpath, this arrangement is considered unacceptable. 6.5 Whilst there may be some benefit in removing the cars from and the need for a hard surfaced track down to the lower level, the counterbalance to this is the appearance of the parking area and the parked vehicles in a newly created hard surfaced area alongside the public footpath and appearing as part of the principal elevation which faces the pedestrian using the footpath east to west. 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 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 car parking as subtly as possible. It is not considered that this has been achieved in this case. The extensions on the eastern elevation add complicated elements to what is a very simple building and increase the footprint and add elements which were previously not there. The provision of car parking is unlikely to work in practice and could be detrimental to the use of the public footpath and will add a large area of
hardstanding alongside the footpath, as well as the appearance of parked vehicles, right alongside the pedestrian way, to the detriment both of the enjoyment of the path and the character of the building itself. 6.8 As such, it is considered that the proposal does not accord with the principles or requirements of Housing Policy 11 and is recommended for refusal.
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 Department of Environment, Food and Agriculture, Department of Economic Development and the Isle of Man Water and Sewerage Authority are statutory authorities who have raised material planning considerations and should be afforded party status in this case. 7.4 The residents of Maughold and Douglas are not directly affected by the proposals and should not be afforded party status in this case.
Recommended Decision: Refused
Date of 05.09.2013
Recommendation:
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.
The provision of a car parking area as proposed would alter the appearance of the building as viewed from the east and would provide inadquate 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.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
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
YES/NO
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