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14/01085/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 14/01085/B Applicant : Mr Mark Drewrey Proposal : Conversion of existing barns into five tourist/residential units Site Address : Old Craft Centre Kionslieu Hill Foxdale Isle Of Man IM4 3HB
Case Officer : Miss S E Corlett Photo Taken : 24.09.2014 Site Visit : 24.09.2014 Expected Decision Level : Officer Delegation
Officer’s Report
THE SITE 1.1 The application site is the curtilage of Old Craft Centre, Kionslieu Hill, Foxdale. The Old Craft Centre is a group of stone outbuildings arranged around a courtyard. The buildings are currently redundant but have been used for storage most recently. The buildings were previously used as the name suggests as a craft centre, but the building is no longer used for this.
1.2 The buildings are in an "L" shape arrangement with a smaller detached mono-pitch building. The "L" shaped building is located to the north west of the site, the smaller length of the building runs parallel with the highway. The small building is to the south of the "L" shaped building. The courtyard area sits between the two detached buildings. The access is adjacent to the "L" shaped building.
1.3 To the south west of the application site is Foxdale House which is also in the ownership of the applicant. There is a considerable distance between the application site and Foxdale House as there is an area of walled gardens between the buildings.
1.4 Rosehill Cottage lies to the north and is positioned as close as 7m from the building which is the subject of the current application.
THE PROPOSAL 2.1 The application seeks approval for the conversion of the existing buildings in to five tourist units. Also included in the proposal is the erection of an extension to one of the smaller buildings. Also proposed is the landscaping of the courtyard to provide a communal amenity space and nine parking spaces.
2.2 The conversion will see works carried out to the external appearance of the buildings in order to simplify the fenestration on the main elevations. The existing stone walls are to be cleaned and re-pointed as necessary, existing roof to be repaired and relaid, replacement windows and doors to be timber. Also proposed is the installation of roof lights in the north east elevation, north west elevation and south west elevation, the proposed roof lights would be Conservation style.
2.3 The elevation facing towards Rosehill Cottage and the relatively new development accessed from the A24 and which abuts the eastern boundary of the application site and the land owned by the applicant, has and will have no windows other than the five rooflights
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proposed in the north facing pitch. The roadside elevation which currently has two windows will have a further three introduced at ground floor level and three rooflights in the road facing pitch. The other two elevations which face into the courtyard will have relatively little change to the existing openings.
2.4 The applicant has submitted additional drawings which show the previously proposed window facing Rosehill Cottage blocked off and visibility splays which can be achieved from the existing entrance, of 2.4m by 80m and 63m in each direction and indicate that there are no known reports of accidents in this area.
PLANNING HISTORY 3.1 The following previous planning application is considered to be specifically material in the assessment of the current application:
3.2 PA 12/00266/A Approval in principle to remove existing dwelling and outbuildings and erection of four dwellings - refused
3.3 The application was refused for the following reasons:
R1. By reason of the siting, layout, scale, form and design of the proposed buildings it is considered that the proposal would not respect the site and surroundings and would adversely affect the character of the surrounding landscape and would therefore be contrary to part b) and c) of General Policy 2 of the Strategic Plan.
R2. The proposed development would be contrary to g) of General Policy 2 of the Strategic Plan as the proposed development would result in overlooking of "Rose Hill" which would adversely affect the amenities of those occupying the neighbouring property. The proposed development would also be contrary to h) of General Policy 2 as there is unsatisfactory amenity space to serve the proposed development.
DEVELOPMENT PLAN POLICIES 4.1 The application site is in an area zoned as "Predominantly Residential" identified on the Foxdale Local Plan (1999). It is appropriate to consider Strategic Policy 1, General Policy 2, Strategic Policy 5, Environment Policy 42, Environment Policy 43 and Housing Policy 6, Housing Policy 17 of the Isle of Man Strategic Plan (20th June 2007). In the assessment of the application it is also relevant to consider 3.43 and 3.44 of Planning Circular 5/99 The Foxdale Local Plan 1999.
4.2 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 or indigenous building materials; b) Ensuring efficient use of sites, taking into account the needs for access, landscaping, open space1 and amenity standards; and c) Being located so as to utilise existing and planned infrastructure, facilities and services.
4.3 General Policy 2 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;
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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; 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.
4.4 Strategic Policy 5 New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.
4.5 Environment Policy 42 New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans.
4.6 Environment Policy 43 The Department will generally support proposals which seek to regenerate run-down and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition.
4.7 Housing Policy 6 Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive.
4.8 Housing Policy 17 The conversion of buildings into flats will generally be permitted in residential areas provided that: a) Adequate space can be provided for clothes-drying, refuse storage, general amenity, and, if practical, car-parking; b) The flats created will have a pleasant clear outlook, particularly from the principal rooms and c) If possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area.
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4. 9 Planning Circular 5/99 - the Foxdale Local Plan, Paragraph 3.43 The Department and the Inspector appointed to hear the Public Inquiry are both of the opinion therefore that further large-scale estate-type development should not be permitted within the village as this would be unsympathetic to its character and appearance. In addition to this it is felt to be essential not to expand the village boundary with the countryside so that the village continues to nestle happily with the valley rather than to spread unnaturally and artificially into the surrounding countryside.
4.10 Planning Circular 5/99 Paragraph 3.44 It is felt therefore that Foxdale should not be permitted to expand on a significant scale and that new development should be restricted to pockets of land which would not extend the village into the open countryside or present artificial, angular developments unsympathetic to a village environment. In this respect it is essential that the layout of any new development pays close attention and is sympathetic to the natural characteristics of its site and includes significant areas of appropriate tree and shrub planting to soften its impact.
CONSULTATIONS 5.1 Patrick Commissioners, in a letter received 15th October 2014, make no comment.
5.2 Highway Services, in an email received 24th September 2014, comment on the application. They recommend deferral of the application as there is insufficient information regarding the visibility splays. Following a meeting on site, Department of Infrastructure Highway Services revise their response to Do Not Object subject to Conditions as visibility can be achieved if the sightlines are taken from the vehicle tracks instead of the kerb edge, this with the widening of the vehicular access provides an improved visibility. The maps/drawings do not accurately show what can be achieved on the ground, and as such the 70 metres can be achieved (26.06.15).
5.3 The owners/occupiers of Rosehill Cottage, Kionslieu Hill, Foxdale, in a letter received 7th October 2014, comment on the application. In summary: o Not clear whether they are for residential or tourist accommodation o The number of units is too many as it would have a negative impact on their property in terms of noise and traffic o Object to the window which faces into their garden as it would result in loss of privacy o Renovation works would result in disruption and access would be needed onto their land
5.4 They updated their comments on 31st March, 2015 following the submission of the amended plans reiterating their concern at potential disruption and damage to their property and confirm that they have not given any consent for third parties to access their property or work upon it.
5.4 Manx Utilities Authority, in an email received 9th October 2014, comment on the application. They recommend that the applicant contact them prior to works commencing.
ASSESSMENT 6.1 The application seeks approval for the conversion, alterations and extension of the existing outbuildings to create five residential/tourist units. The main issues to consider in the assessment of the application are the principle of the development, the impact upon the character and appearance of the existing group of buildings and street scene, the impacts upon the setting of Foxdale House, whether sufficient amenity space is provided with each unit, whether there are sufficient parking spaces and the impact upon highway safety.
6.2 The application site is within an area zoned as predominantly residential and therefore the principle of development is considered to be acceptable. Environment Policy 42 indicates that
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all new development in existing settlements must be designed to take account of the particular character and identity. The Old Craft Centre was once used as its name suggests and was a community facility in Foxdale village. The buildings are no longer used for this purpose however the group of buildings are still an attractive collection within Foxdale Village and could be considered to be of historic or social interest. Given the setting of Foxdale House it is considered that the re-use of The Old Craft Centre would be much more in keeping with the character and identity of Foxdale House and the surroundings as opposed to a new build development.
6.3 Environment Policy 43 encourages the re-use of sound built fabric rather than its demolition and to regenerate run-down or rural areas. This proposal would make use of the existing built fabric and would include alterations which would simplify the fenestration to the main elevations. Also proposed is an extension to the one and a half storey detached mono- pitch building. This building is fairly small but the extension would allow for a one bedroom unit to be created, allowing the building to be re-used. It is considered that the proposed development would retain a group of buildings which relate well to the area and are a part of the individual character and identity of the area and make a positive contribution to the environment of the area.
6.4 It is judged that the proposal meets the requirements of Strategic Policy 1 in that the proposal makes use of previously developed land by utilising and improving existing redundant buildings.
6.5 There is no specific brief for the application site in the Local Plan and therefore developments should be in accordance with paragraph 6.2 of The Isle of Man Strategic Plan which is General Policy 2.
6.6 As mentioned above it is judged that the proposal respects the character and appearance of the site and surroundings and would not have an adverse impact upon the character of the landscape in general.
6.7 The buildings are a sufficient distance from Foxdale House and as such the proposed development is considered to have limited impact upon the amenities of those occupying Foxdale House and also the development itself. In terms of the relationship between the five units it is similar to many courtyard residential developments. Whilst they are close together, each unit would have a clear pleasant outlook, the amenity space is communal, but there does appear to be adequate outdoor space for the five units, as well as being a short distance from other amenity areas in the village.
6.8 There was originally a window shown to be in the north east elevation which looks onto the garden of Rose Hill Cottage. Given that this would have faced directly into the garden it was suggested that this be removed as it would have had an unacceptable impact upon the enjoyment of that garden and would have resulted in an unacceptable loss of privacy. The removal of the window and the installation of windows in the roadside elevation is considered to overcome this concern.
6.9 There are nine parking spaces proposed, this would provide two parking spaces for each of the two bedroom units and three parking spaces for the one bedroom units as well as a couple of additional visitor spaces. The proposed parking provision is in accordance with the standards as set out in The Isle of Man Strategic Plan.
6.10 Also included in the proposal are alterations to the existing access, this would allow for a safer access which would provide adequate visibility in both directions. This is now accepted by Department of Infrastructure Highway Services.
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6.11 The proposed development would provide tourist or permanent residential. It is considered that the proposed units would be acceptable for both uses.
6.12 For the above reasons the application is considered to be acceptable and is recommended for approval.
PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant’s agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material in this case, Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
7.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
The neighbour at Rosehill Cottage
7.3 Manx Utilities Authority does not raise material planning considerations and as such should not be afforded interested person status in this case.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word ‘Department’ to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 26.06.2015
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
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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. No other development may be undertaken until such times as the access has been widened as shown in drawing 743.10 received on 6th March, 2015.
C 3. None of the units may be occupied until such times as the window in the ground floor of the north eastern elevation has been blocked up and the render made good, as shown in 732.07A received on 6th March, 2015.
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This approval relates to drawing 732.01 received on 12th September, 2014 and 732.07A and 743.10 both received on 6th March, 2015.
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 : Permitted Date : 26.06.2015 Determining officer (delete as appropriate)
Signed :...J CHANCE... Jennifer Chance
Head of Development Management
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