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CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email planning [email protected] CHIEF SECRETARY Will Greenhow ACMA
29th April 2014
Our Reference: DF13/0040
Planning Secretary Department Of Infrastructure Murray House, Mount Havelock Douglas
Dear Sir/Madam,
PA Ref: 13/91279/A
Applicant: Department Of Community, Culture And Leisure
Proposal: 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
Address: Former Ballagawne Gate Keeper's Cottage Mount Gawne Road Colby Isle Of Man
I refer to the abovementioned planning application.
In accordance with the Article 9 of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the decision as follows.
The application has been approved subject to the following condition(s):
This approval in principle relates to the conversion of former gatekeeper's cottage to residential use, including creation of off road parking and bio disk sewage treatment system, Former Ballagawne Gate Keeper's Cottage, Mount Gawne Road, Colby, Rushen, as shown generally in drawings 01, 02 and 03 all date stamped 30th October 2013.
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Details of the siting, design, external appearance, internal layout, means of access and landscaping to the extent not already determined (hereinafter called the "reserved matters") shall be submitted to and approved in writing by the Planning Authority before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved.
The details to be submitted in accordance with Condition 4 shall include planting to be provided along the realigned and extended bank.
The development hereby approved shall not be occupied until the parking area has been provided in accordance with the approved plans. The area shall not be used for any purpose other than the parking and manoeuvring of vehicles associated with the development and shall remain free of obstruction for such use at all times.
In accordance with article 10(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance).
The Planning Inspector's report, upon which the decision was determined, may be viewed by visiting http://www.gov.im/categories/planning-and-building-control/planning-development-control/department-applications/departmental-applications-decisions/ or by contacting the office of the Chief Secretary for a hardcopy (Tel 685204).
Yours faithfully,
A Johnstone Planning Appeals Administrator
Cabinet Office Reference DF13/0040 Application No 13/91279/A Inspector's report
This small one bedroom cottage, or former cottage, sits as may be expected, next to the level crossing of Mount Gawne Road with the Isle of Man Steam Railway track, a little south of Ballagawne. It stands empty, boarded up and looks neglected, but not derelict, having become redundant in about 2002 following installation of automatic barriers. Its modest sized curtilage is shallow and tapering alongside the road, where it includes a row of 6 mature trees, with currently no off-street parking. The original cottage, excluding a later extension, is being progressed towards Registration as a Protected Building.
The application seeks approval in principle to return the cottage to residential use. It was accompanied by a site location plan, site plan and a "Proposed Landscaping" plan. In accordance with Article 4(5) of the procedure regulations¹ the matters particularised in that drawing are to be determined now and not reserved for subsequent consideration. Five or all six of the trees would be felled to create a layby for 2 cars, alongside the carriageway but within the site. The roadside grass bank would be extended and realigned to the rear.
PA 12/00043/A seeking approval in principle to reinstate the cottage was withdrawn prior to determination.
The Applicants: the Area Plan for the South paragraph 5.21.3 refers to the historic and cultural importance of the Steam Railway and that "Where possible and practical station buildings, gate-keepers' huts, and other line-side structures should be retained in, and where necessary, restored to their original form and appearance." The 2007 Strategic Plan Strategic Policy 1, amongst other aims, seeks the use of redundant, unused and under-used buildings. General Policy 3 (b), (c) and (d) makes such provision outside areas zoned for development, with more specific support in Housing Policy 13. The layby would ensure compliance with Transport Policy 4.
This application seeks to balance the resulting impact on the natural environment and streetscape with restoration of the building to a viable future, while safeguarding its particular features. The layby, following discussion with Highways Division, is the most appropriate solution to the need for parking provision. Five trees would be felled but a new hedgerow would then be created. By providing off-street parking, the scheme would have no impact on congestion at the farm entrance on the other side of the level crossing. Sight lines sought by the Highway Authority are demonstrated in Drawing 04A submitted in response.
The Planning Officer: the property is not prominent in its setting, although it can be seen from various viewpoints and of course while passing in a train. Strategic Plan Environment Policy 1 protects the countryside and its ecology, for its own
Cabinet Office Reference DF13/0040 Application No 13/91279/A Inspector's report
sake, from most forms of development but subject to the policies identified by the applicants. Of these, Housing Policy 13 is perhaps the most specific, addressing rural dwellings that have lost their residential use by abandonment. The visual impact and adequacy in highway terms of the proposed parking needs also to be considered. The Conservation Officer commented that the trees and corresponding hedgerow is a facet of the building's setting, and consideration should be given to a condition requiring the reintroduction of appropriate tree species on the reinstated embankment. He advised that the proposals do not have a detrimental impact upon this potentially Registered Building.
The Highway Authority: forward and rear visibility sightlines of 36 metres in both directions from the layby need to be demonstrated.
The Rushen Parish Commissioners: do not object but are puzzled and concerned by seemingly inconsistent communications regarding the withdrawal of PA 12/00043/A and, separately, the intention to Register the building.
R H Costain of Moorhouse Farm Ltd: the cottage is within the farm curtilage and its surrounding land. Their main concern is parking congestion at the main farm entrance and for the safe movement of their large vehicles and livestock. Any parking should be gated. They already have to guard along the road, either side of the crossing, when moving livestock.
Ian and Elizabeth Bleasdale, of Kirk Maughold: there seems to be no survey or other drawings of even photographs of the building, making assessment difficult. Surely it should not be accepted as a valid application, noting that it seeks approval in principle rather than a material change of use.
Inspector's Assessment
The procedural points raised by the Commissioners with respect to the withdrawal of PA 12/00043/A do not affect the merits of the current application, while the intended Registration, rather than being inconsistent, features in the application documents. I assume that Mr and Mrs Bleasdale are referring to the absence of detailed drawings and internal photographs, since the application is supported by more general drawings, referred to above, as well as exterior photographs. Given the likely limited building intervention needed to restore residential use, at least with regard to the original cottage, I see no problem in this case in the application being one in principle, reserving most details for future consideration. The main issue is whether the circumstances warrant an exception to the general policy presumption against residential development in open, unzoned, countryside.
This small building has an inherent charm, reinforced by its historic and still strongly evident association with the Steam Railway. Generally speaking, the best use of a historic building is its original use, which would be achieved by the scheme, albeit no longer as a tied cottage for a gate keeper. It hardly needs to be said that careful attention should be given to the details of associated works, in design and execution, but there is no reason why that would not be achieved.
Parking is the most problematic aspect. Felling the trees, whether 5 or more probably all 6, is undesirable and weighs against the proposal. However, I could see no other practical or more satisfactory way of providing these spaces, and without them it would be unacceptable to restore residential use on this open, rural road. Cars would not be parked behind gates but they would not obstruct the road to the passage of vehicles or animals. The sight lines illustrated on Drawing 04A do not follow normal methodology, but I am satisfied that adequate visibility could be readily achieved.
Subject to further attention to details, importantly including new indigenous planting appropriate to the countryside, I consider that the benefits from restoring this cottage to residential use considerably outweigh the loss of the existing trees.
Cabinet Office Reference DF13/0040 Application No 13/91279/A Inspector's report
The proposal fully accords with the 2007 Strategic Plan, in particular General Policy 3(b) and Housing Policies 11 and 13, relating to the restoration of a rural building of historic and social interest, which in this case is also a former dwelling held to have lost its residential use through abandonment.
Recommendations
I recommend that the application be approved subject to the following conditions, which extend those suggested by the Planning Officer in the light of the issues under consideration.
This approval in principle relates to the conversion of former gate keeper's cottage to residential use, including creation of off road parking and bio disc sewage treatment system, Former Ballagawne Gate Keeper's Cottage, Mount Gawne Road, Colby, Rushen, as shown generally in Drawings 01, 02 and 03 all date stamped 30th October 2013.
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Details of the siting, design, external appearance, internal layout, means of access, and landscaping to the extent not already determined (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Planning Authority before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved.
The details to be submitted in accordance with Condition 4 shall include planting to be provided along the realigned and extended bank.
The development hereby approved shall not be occupied until the parking area has been provided in accordance with the approved plans. This area shall not be used for any purpose other than the parking and manoeuvring of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Alan Langton
Inspector
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