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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/00612/B Applicant : David James Collister Proposal : Conversion of outbuilding to ancillary living accommodation Site Address : Farmhill Lodge Farmhill Lane Douglas Isle Of Man IM2 2EF

Case Officer : Mr Edward Baker Photo Taken :

Site Visit : 11.06.2014 Expected Decision Level :

Officer Delegation

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BECAUSE A SECTION 13 LEGAL AGREEMENT WOULD BE REQUIRED IF PLANNING APPROVAL IS GRANTED.

THE APPLICATION SITE

The application site is Farmhill Lodge, Farmhill Lane, Douglas. Farmhill Lodge is a large modern detached dwelling house comprising two storeys. It is finished in render and reconstructed stone with a tiled roof. The site is situated at the western end of Farmhill Lane and is part of a small group of dwellings. Farmhill Farm and Langdales are situated to the west. Farm Hill Manor (a large house set in spacious grounds) is situated to the north east and east. The site has direct access from Farmhill Lane.

At the rear of Farmhill Lodge is an old barn. The barn is situated on the north boundary of the property beyond which is the garden of Farmhill Farm. The barn has two storeys and is finished in concrete render with a tiled roof.

THE PROPOSAL

The application seeks planning approval for the conversion of the barn at the rear of the site to ancillary living accommodation for Farmhill Lodge. The applicant says that one of their options is for their son to live in the converted barn.

The applicant has submitted amended plans that move the location of the first floor Bedroom 2 and bathroom in order that both bedrooms are at the front (south) facing towards the house rather than Bedroom 2 facing towards Farmhill Farm. The plans are to be circulated for information only.

PLANNING HISTORY

The following decisions are relevant in the consideration of the application:

08/00809/B - approval granted in 2008 for extensions and alterations to the dwelling.

13/00646/B - planning approval granted in 2013 for the erection of a two storey detached dwelling in the grounds of Farmhill Farm (just to the north west of the application site).

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                                                 14/00612/B
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PLANNING POLICY

The site is identified as being within a predominantly residential area by the Douglas Local Plan 1998.

The Isle of Man Strategic Plan 2007 contains a number of policies that are considered specifically material to the assessment of this current planning 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.'

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 2 states:

'Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

(a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality;

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(h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption.'

Housing Policy 4 states:

'New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

(a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;

(b) conversion of redundant rural buildings in accordance with Housing Policy 11; and

(c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.'

Transport Policy 7 of the Isle of Man Strategic Plan 2007 states:

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

REPRESENTATIONS

Douglas Borough Council - no objection.

Highway Service - no objection.

ASSESSMENT

Whether the site is a suitable location in principle for independent accommodation

Although the application describes the proposed accommodation as being ancillary, the barn is detached and is of a reasonable size and could be occupied completely independently of the main house. It would have a lounge and kitchen at ground floor, with two bedrooms and a bathroom at first floor.

The site is located within a predominantly residential area. Therefore, the provision of independent accommodation is acceptable here in principle. However, given the intimate physical proximity between the barn and main house it would be inappropriate for the dwelling to be entirely independent. Both the barn and house would share the same parking area and there would be inter-overlooking between the buildings in such close proximity. To resolve this, the applicant has indicated that they are happy to accept a Section 13 legal agreement to tie the ownership of the barn to the main house so that it could never be sold

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off separately. It is considered that this would ensure that the barn and house maintain a satisfactory relationship in land-use planning terms.

The effect of the proposal upon the character and appearance of the area

The existing barn has some character although it is not of particular architectural or historic interest. The proposed design alterations include new windows, roof lights and a new front porch. They would somewhat domesticate the appearance of the barn although it is not considered that they would be particularly harmful. The barn is situated at the rear of the main house and is not readily visible from the public realm. It is considered that the character and appearance of the area would be preserved.

The effect of the proposal upon neighbour amenity

The relationship between the barn and main house has already been discussed. It is recommended that the first floor windows in either gable (serving a bathroom window and secondary bedroom window) are obscured glazed to ensure no adverse overlooking of the adjacent properties, Farmhill Farm (and the approved but unimplemented dwelling in its garden) and Farm Hill Manor.

Access and parking

The Highways Service offers no objection to the application, the proposed access or parking arrangements. There would be sufficient space for four cars to park within the site (two for the main house and two for the barn if required) in accordance with Transport Policy 7 of the Strategic Plan.

RECOMMENDATION

It is recommended that approval is granted subject to the prior completion of a Section 13 legal agreement to tie ownership of the converted barn to the main house at Farmhill Lodge.

PARTY STATUS

The following parties should be afforded interested person status:

The local authority, Douglas Borough Council is, by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.

The Highway Service is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d.

Recommendation

Recommended Decision:

Approve subject to Legal Agreement Date of Recommendation: 30.06.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

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C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. The proposed secondary window to Bedroom 1 in the east elevation and bathroom window in the west elevation shall be glazed with obscure glass to Pilkington Level 5 or equivalent. The window shall also be non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed. The window(s) shall be permanently retained as such.

Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.

N 1. In approving the application the Planning Committee required conclusion of a legal agreement under Section 13 of the Act relative to committing ownership of the converted barn to Farmhill Lodge.

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Drawing Numbers 001 (site location plan) and 002 (survey) received on 20 May 2014; and Drawing Number 003 A (proposed) received on 03 June 2014.

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

Decision Made : APPROVED Date : 09.07.2014

Determining officer (delete as appropriate)

Signed :... Chris Balmer

Senior Planning Officer

Signed :... Sarah Corlett

Senior Planning Officer

Signed :...M GALLAGHER. Michael Gallagher

Director of Planning and Building Control

Signed :... Jennifer Chance

Head of Development Management