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Mr. A. Johnstone, Planning Appeals Secretary, Chief Secretary's Office, Government Offices, Buck's Road, Douglas, IM1 3PN.
Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. email: [email protected] Tel: (01624) 685908 Fax: (01624) 686443 Director of Planning & Building Control Michael Gallagher, M.R.T.P.I.
20th January 2013
Dear Mr. Johnstone,
Re: Former Ballagawne Gate Keeper's Cottage, Mount Gawne Road, Colby - Approval in principle to convert former gate keeper's cottage to residential use, including creation of off road parking and bio disc sewage treatment system - 13/91279/A
Please find attached a statement on behalf of the Planning and Building Control Division of the Department of Infrastructure. The site is owned by the Department of Community, Culture and Leisure whilst the acting Agent is the Department of Infrastructure, and that Department is also the Planning Authority. As such, under 10 (1) (b) of the Town and Country Planning (Development Procedure) (NO 2) Order 2013 the application cannot be considered by the Planning Committee which is part of the Department of Infrastructure.
As the Department has a perceived interest in the site, the planning authority's role in the determination of the application is only to advise on the policy status and to provide assistance in the drafting of conditions, should the application be considered for approval. It is not the planning authority's position to make any recommendation on whether the application should be approved or refused.
Yours sincerely,
Chris Balmer Senior Planning Officer
Department of Infrastructure Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF
1.1 The aim of this statement is to provide background information to the planning application and to set out the relevant policies to consider in respect of the proposed development. 1.2 The site is owned by the Department of Community, Culture and Leisure whilst the acting Agent is the Department of Infrastructure, and that Department is also the Planning Authority, the application must be considered by an Independent Inspector and the decision taken by the Council of Ministers under 10 (1) (b) of the Town and Country Planning (Development Procedure) (NO 2) Order 2013. 1.3 The Department has no other interest in the proposal.
2.1 The application forms the curtilage of the former railways crossing keeper's cottage, Mount Gawne Road, Colby, which is a single storey property which is sited directly adjacent to the Isle of Man Steam Railway level crossing which runs across the Mount Gawne Road. 2.2 The cottage appears to have benefited from a rear extension in the past, which has resulted in a total floor area of 55 square metres and is a 1 bedroom property. 2.3 It would appear that the former railways crossing keeper's cottage which is between the stations of 'The Level' and 'Port St Mary' on south line of the IOM Steam Railway. Researching information on the cottage, it would appear the property became redundant in 2002 when the installation of automatic crossing barriers was undertaken in the same year. 2.4 The property itself is not a prominent feature in the landscape given its size and roadside landscaping. The property is apparent from the level crossing and
when immediately approaching the site. The site is also apparent from more distance views, namely from Old School Road which is to the northwest of the site across an open field. The property would also be apparent when persons are travelling on the Isle of Man Steam Railway.
3.1 The application seeks approval in principle to convert former gate keeper's cottage to residential use, including creation of off road parking and bio disc sewage treatment system
4.1 The following policy documents are considered relevant in the consideration of this application:
4.2 The application site is within an area not recognised for development, under the Area Plan for the South. 4.3 The site is not within a Conservation Area. 4.4 The building is currently in the final stage of being potentially Registered. 4.5 Due to the land use designation of the site and the type of development proposed the following policies are relevant for consideration:- 4.6 Environment Policy 1 states: "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."
4.6 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, historic, or social value and interest; (Housing Policy 11); (c) previously developed land 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." 4.7 Housing Policy 13 states: "In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost.
Where: a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and b) there is an existing, usable track from the highway; and where c) a supply of fresh potable water and of electricity can be made
[^0] [^0]: Previously developed land is defined in Appendix 1
This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement buildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space measured externally, the extension measures less than of that of the original)." 4.11 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
5.1 There is a single previous planning application which is considered relevant in the assessment and determination of this application. 5.2 Approval in principle for re-instatement of former gatekeepers cottage to a residential dwelling - 12/00043/A - Application was withdrawn
6.1 All written representations which have been received by the Planning Authority have been forwarded onto the Chief Secretary's Office for the Independent Inspector to consider when making their assessment.
7.1 From visiting the site and studying the plans the Planning Authority would recommend there are a number of issues which required consideration when assessing the proposal:
[^0] [^0]: Floor Space is defined in Appendix 1
The principle of whether the re-instatement of the building for residential purposes is acceptable 7.2 The site under the recently adopted Area Plan for the South is not designated for any development. 7.4 In terms of planning policy, namely General Policy 3 and Housing Policy 13, due to the sites designation and the proposed use, the Inspector may consider these two policies to be most relevant when determining the application. 7.5 Housing Policy 13 is perhaps the most specific policy which relates to cases of those rural dwellings which have lost their former residential use by abandonment.
7.6 The Inspector should be satisfied that the proposed new scheme would not have a significant or adverse impact upon highway safety due to the proposed alterations. Transport Policy 4 requires consideration. This policy indicates that the new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 7.7 Whilst the application is in principle only, the provision of parking for the property has been submitted. The works seeks alterations of the existing roadside bank with the formation of a layby, 2.5 metres in width and a total length of 20.6 metres. A total of six roadside trees would be removed. A new roadside bank would be reinstated along the eastern side of the new lay-by. There is no off road parking currently associated with the property.
7.8 Given the land used designation of the site, being within the countryside, Environmental Policy 1 is relevant to consider. This indicates that "the countryside and its ecology will be protected for its own sake" and "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". 7.9 The Inspector should be satisfied that the works, including roadside alterations submitted would not result in a significant impacts upon the visual amenities of the area and the wider countryside.
7.10 The Conservation Officer has considered the proposed application. He comments that: "The former Gate Keeper's Cottage is currently going through the process to add it to the Protected Buildings Register along with Santon Railway Station and Colby Level Crossing Hut. At this time, the process is all but complete and the inference of the research is that the original part of the Gate House will be added to the Protected Buildings Register. The red line defining the Registration therefore indicates the perimeter of the original part of the Gate House. The building has been extended in the recent past and that section is not included in the Registration. 7.11 The trees and corresponding hedgerow is a facet of the back drop to the setting of the Registered Building. Given the nature of the trees to be removed as part of this application, consideration could be given via condition, to the reintroduction of appropriate species of tree to the reinstated embankment. It is considered that the proposals do not have a detrimental impact upon the potentially Registerable Building."
8.1 If the Inspector is minded to recommend to the Council of Ministers that the application is approved, the Planning Authority would suggest that the following conditions are attached to the approval notice:-
This statement has been prepared by Mr Chris Balmer, MA Hons, MTCP, MRTPI Senior Planning Officer, on behalf of the Planning Division of the Department of Infrastructure.
Signed
Mr Chris Balmer
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