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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/00243/C Applicant : Ballavitchel Estates Limited Proposal Change of use from tourist accommodation to residential accommodation Site Address Ballahowin Courtyard Ballahowin Farm Braaid Road St Marks Ballasalla Isle Of Man IM9 3AS
Case Officer :
Jason Singleton Photo Taken :
Site Visit :
12.01.2022 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Approve subject to Legal Agreement Date of Recommendation 31.10.2022
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. Within three months of the residential units hereby approved becoming occupied, the demolition of the agricultural building and the parking being laid in full accordance with plan referenced; 'Proposed car parking' No5.3.21 (or as otherwise advised by the Department) shall take place and the parking shall thereafter be retained for use for the 13 units
REASON: To provide adequate parking provisions on site.
N 1. The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 21 November 2022. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.
This application has been recommended for approval for the following reason. The proposed application would be compliant with General Policy 2 of the Strategic Plan.
Plans/Drawings/Information;
This decision relates to drawings receive on 21 February 2022, referenced; ground floor plan first floor plan
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car parking layout site layout as existing site layout as proposed location plan visibility splays photographs planning statement
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Interested Person Status - Additional Persons
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Officer’s Report
THE APPLICATION IS BEFORE THE COMMITTEE AS THE APPLICATION COULD BE CONSIDERED CONTRAY TO PLANNING POLICY (HOUSING POLICY 11) AND IS SUBJECT TO A SECTION 13 AGREEMENT AND IS RECOMMENDED FOR APPROVAL
1.0 THE SITE 1.1 The application site is part of the farm holding of Ballahowin Farm. The collection of buildings is situated on south side of the A26 Braaid - Douglas Road between Stuggadhoo and St. Mark's. Access to the site is directly from the A26 past a dwelling known as Ballahowin House which is not in the ownership of the applicant, and also from the B37 Clanna Road. The farming activity on site has since ceased.
1.2 The site application site is a courtyard of attractive barns, two stories in height and finished throughout with Manx stone with portrait openings using many of the original sizes to offer variety and fitted out with timber framed windows and doors. The roof scape is pitch tiled with natural slate and some Velux windows. The building as a whole is currently used as tourist units and short terms residential lettings. Surrounding the site is a number of agricultural buildings, one dilapidated, with the nearest neighbouring residential dwelling is Ballahowin Mansion to the north of the buildings and would share a boundary with the site.
1.3 The agent notes the composition of the tourist buildings (subject to this application) is made up from; "There are 13 separate units from single bedroom to 3 bedroom, all having their own front door, kitchens, bathrooms and some en-suite bedrooms. One of the units is presently used as a reception area, again with its own toilers, kitchen, storage a rea and office space which is now no longer needed and this will become the 13th Residential units. Some units have the benefit of a garden. All units have full fire detections systems, all as approved by Building Control. Each unit has its own oil tank, bin provision and separate electrical system with its own meters together with mains water, each having its own stop tap".
1.4 The accommodation would be categorised as 3 x one bedroom units; 8 x two bedroom units; 2 x three bedroom units that would make up the 13 units of accommodation.
1.5 Parking for the units is currently available on site in approx. six different areas. In addition to this, it is proposed to demolish a dilapidated farm building to the rear (east). Within the footprint of this building would be the creation of additional 11 car parking spaces which would allow for a total of 28 parking spaces and 3 for disabled and 3 with EV charging points. Also proposed is the secure housing for 22 bicycles under cover.
1.6 Within the planning statement the agents notes this application is as a result of a deterioration in the owners' health since converting in 2006 and resulting in them being unable
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to manage the units and her husband's heath has equally deteriorated. The agent refers to other examples of conversion of farm buildings to permanent accommodation and quotes; Ballachurry, Port Erin and Abbeylands Estate in Onchan.
2.0 THE PROPOSAL 2.1 Proposed is the change of the use of the existing building from tourist units to allow for permanent residential occupation. No alteration to the external appearances of the courtyard of barns is being proposed.
2.2 Part of the proposal would see the demolition of a metal framed agricultural building (to the east of the courtyard) that is now dilapidated to allow for parking of residents cars on site.
3.0 PLANNING POLICY The application site is designated as "white land" or land not zoned for development on the Area Plan for the East. The farm buildings and surrounding buildings are shown on the plan.
The site is not within a conservation area, nor are there any registered building on site. There are no registered trees to be affected by the proposals and the site is not identified as being at flood risk on the DoI Flood risk maps.
3.1 The IoM Strategic Plan contain the following Planning policies that are considered pertinent in the assessment of this application; o General Policy 2 - General development considerations o General Policy 3b - conversion of redundant rural buildings o Housing Policy 4b - Exceptional circumstances -Conversion of redundant rural buildings o Housing Policy 5 - 25% affordable housing o Housing Policy 11 - conversion of rural buildings into dwellings o Environmental Policy 1 - protection of the countryside o Recreational Policy 3 - recreational and amenity space requirement
4.0 PLANNING HISTORY 4.1 The application site benefits from, the following decisions that are considered pertinent to this assessment;
4.2 00/02059/A - Approval in principle for conversion of farm buildings to tourist accommodation. Approved.
4.3 01/02224/B - Conversion of stone farm buildings to twelve tourist units. Approved with the following conditions;
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
All windows and doors must be painted timber.
Prior to the occupation of the development, the car parking area must be completed in its entirety and retained for that purpose thereafter.
No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of the development.
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which within a period of five years from the completion of
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the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
All windows to the northern elevation must be glazed in obscure glazing and retained in perpetuity.
All new roof-lights must be conservation grade, details of which to be submitted for consideration and approval by the Planning Authority PRIOR to the commencement of development.
The buildings may be occupied by bona fide tourists only with no period of occupancy exceeding 4 weeks between the period of Easter and October 31st in any year.
N. The Drainage Authority would advise that responsibility for the shared system will remain with the landowner. Any change of ownership and/or occupation and/or use of these buildings will NOT convert that drainage to a public system; as such septic tank drainage is defined as a private "cesspool" under section 28 (1) of the Local Government (Special Drainage Districts) Act 1952.
N. PRIOR to the commencement of any works the applicant is advised to consult the Chief Fire Officer to ensure that adequate fire precautions are taken.
4.4 06/02197/B - Conversion of blocks A & B from tourist to permanent accommodation, creation of a 15 vehicle car park and landscaping. REFUSED for the following reasons;
R1. Whilst Planning Circular 3/89 makes provision for the renovation and conversion of redundant buildings in the countryside, there is no evidence to suggest that the building is redundant for its most recently approved use (that is, tourist accommodation under the provisions of PA 01/2224). As such, the proposal fails to comply with the provisions of Planning Circular 3/89.
R2. Planning Circular 3/89 also requires that the use to which buildings which are to be considered suitable for renovation are to be put, must be compatible with other adjacent land uses. In this case the buildings are alongside existing residential property as well as agricultural buildings and activity and also tourist accommodation which is to be retained.
In the case of the adjacent residential accommodation, the introduction of permanent living accommodation is likely to result in an increase in traffic, concentration of the movement of this traffic to particular times of the day, the keeping of domestic pets and an increase in noise all of which could adversely affect the amenities of those living close to the site and coming and going to those properties.
In the case of the agricultural activities, the introduction of permanent living accommodation in such quantities in the midst of a farm yard together with the traffic associated with those units, are not likely to be compatible with a working farm or the proposed future educational facilities permitted under PA 04/2558.
Finally, in the case of the remaining tourist units, the proximity of permanent units is likely to result in diminution of the enjoyment of the holiday accommodation through the potential for early morning pedestrian and vehicular movement (residents going to work), and disturbance of those in the permanent accommodation through the likes of the possible later arrivals home of the holiday-makers, possibly in taxis.
R3. The creation of more substantial car parking facilities and the appearance of so many parked vehicles associated with the occupation of the permanent accommodation is not
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considered to be sympathetic to the existing barn complex whose conversion has largely retained the original character and appearance of the barns as rural buildings.
R4. The location of the proposed residential units is not one which would be generally considered as sustainable as the site is some distance from any village facilities or services and those living in each property would be reliant upon the private motor vehicle for such amenities. This is of particular concern as there is a valid permission for a use (tourist accommodation) for which a sustainable location is less important.
5.0 REPRESENTATIONS 5.1 Santon Commissioners (01/08/22) with no objection but add comment; "With regards to the provision of recreational and amenity space the Commissioners have no space which could be used to provide this. The Commissioners would expect this to be provided by the developer on site".
5.2 Highways Services (26.03.22) do not object subject to a condition that the works area carried out in accordance with drawings No.5.3.21
5.3 DoI Housing Estates (22/09/22) seeks a Commuted Sum, "...for this application which should equate to 3.25 affordable units".
5.4 DfE Visit IoM (14/11/22) commented while the loss is unfortunate and go further to advise they have no objection given the emerging proposals as noted below; "there is a healthy pipeline of new non-serviced accommodation units across the Island (approx. 46) anticipated to join the stock over the next three years. Of the anticipated new units, 38 are located in the same region as Ballahowin (southern region) which consists of a cluster of 30 glamping units and eight individual self-catering units".
6.0 ASSESSMENT o Principle o Loss of tourism o Affordable Housing Provision o Recreation and Amenity Space Provision o Visual Impact o Neighbouring Amenity o Highway safety
Principle 6.1 The starting point here is the land use designation, which identifies the site as in an area not zoned for development but the site has a previous consent for the conversion to tourist units and has operated successfully for a number of years since its fruition in 2006. There are no material alterations being proposed to the buildings and this application is solely a change of use. The application is now assessed against the Strategic Plan 2016, which contains different policies than the former assessment as part of the refusal of the 2006 application for PA-06/02197/B and there has been previous applications that have been approved for similar uses as noted by the applicants for conversion of the buildings to residential. However, these building were built for tourist use and now seek residential, so the material test is slightly different as discussed below.
6.2 The planning policies here (GP3b and HP4b) allow exceptions for development in the countrywide and specifically for the conversion of rural buildings to dwellings and a sequential test to assess the proposal again in HP11. The common theme here is the test of redundancy, which in this case cannot be said to be redundant given the current tourist use. Whilst this strictly could be a reason for refusal, when assessed against the remaining aspects of HP11, the proposal would be deemed to satisfy that criteria and the integrity and appearance of the courtyard of barns would be retained.
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6.3 In terms of practicality for the change in use from tourist to residential, the individual units are spacious enough to offer modern standards of living within each unit and parking available on site, that could operate independently of each other without having a detrimental impact upon eithers living conditions. The outlook from each of the units would be either inward looking over the attractive courtyard or out from the site over rural landscapes. This aspect has been maximised as some of the units have an upside down aspect of living to ensure the living rooms have a clear and pleasant outlook. On balance, and given the lack of general opposition to the proposal, whilst not strictly in accordance with HP11, the general principle of residential use would not be any different that the current use on site as a blend of tourist and residential as noted by the applicants.
Loss of tourism 6.4 In terms of potential loss of tourism provision in terms of bed spaces and variety of accommodation, the Strategic Plan falls silent on this issue as it mainly seeks to promote conversion of existing building subject to appropriate criteria and additional uses of private residential properties within Chapter 9 and the relevant Business Policies. The written statement for the Area Plan for the East mainly describes tourist accommodation to designated towns and either residential or mixed use areas and seeks to broadly encourage tourist uses that links to the Strategic Plan. In section 10.5 (page 92) it says; "The retention of existing tourist accommodation uses unless it can be demonstrated that such accommodation is no longer commercially viable". The majority of the tourist policies here mainly relate to alternative forms of accommodation for camping, glamping, bothies and bunk houses etc.
6.5 As such this proposal could be read as contrary to the general tourist provisions of the Strategic Plan and Dfe Visit IoM was contacted for comment (noted in para 5.4) to help understand this aspect of the economy on Island noting the provision of bed space in relation to this application and to strike a between the needs of tourism and the future use of such assets of accommodation and the contribution to the housing stock. The comments from Visit Iom Agency note the pending proposals in the pipeline and typical numbers but as they do not object to this proposal, the principle loss could be supported.
Affordable Housing 6.6 In terms of use of the site for tourism and residential and overall housing provision, whilst not strictly designated as residential on the Area Plan, if we are accepting the use of residential on site, and there are more than 8 dwellings, Housing Policy 5 would be appropriate and would seek 25% affordable housing or in lieu of this a commuted sum. In this instance the DoI Estates have confirmed they would require a commuted sum in lieu of affordable housing for the equivalent of 3.25 affordable units and conclude; "The estimated Commuted Sum contribution will be calculated by the Department based upon an average selling price per square metre for comparable dwellings as compared to the selling price for an affordable 2B dwelling." The applicant confirmed by email dated 22/09/22 to proceed on this basis.
Recreation and Amenity Space Provision 6.7 As the proposal proposes more than ten dwelling Recreation policy 3 seeks that provision is made for Recreational & amenity space on or off site. In this instance and noting the comments from Santon Commissioners, as the space could not be provided on site for the benefit of the public, a commuted sum would be required as part of the Section 13 agreement with the applicant. In accordance with Appendix 6 of the Strategic Plan this would equate to a provision or sum equivalent to 848sqm based on table 1 (A.6.4.2) proposed by this development.
Visual Impact 6.8 With regard to the main courtyard barn, there would not be any material alterations to the building or its appearance, as such the character and appearance would be retained as a part of the agricultural history of the built environment. The removal of the dilapidated farm
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buildings would allow for a more open site to the East and allow for an increase in the number of parking spaces to ensure the site is not over crowded. As part of any approval it wold be pertinent to suspend Permitted Development rights to ensure the character of the building and the surrounding area is not altered to its detriment.
Neighbouring Amenity 6.9 In considering the proposal, there is little discernible difference between the use as residential and that of tourism. Furthermore it is not considered the existing use as tourist / residential use would be any different than that is used solely for residential. In this case it is not considered there to be any adverse impact on the neighbouring residential amenity in terms of use, and as such, this aspect complies with General Policy 2(g).
Highway Safety 6.10 Highway Services have considered the merits of the application from a highway safety aspect and do not object, in this instance. Having considered the highways safety aspect and the use of the existing entrance in a safe and appropriate manner with parking and manoeuvring within the site, it would not be considered to have any adverse impact on the existing highway or upon those users entering and exiting the site. As such the proposal would be considered to align with the principles of GP2(h&i).
7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the change of use would be an appropriate form of development that does not harm the use and enjoyment of neighbouring properties and would broadly comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016.
8.0 S.13 REQUIREMENTS (Add IF required - and renumber subsequent sections)
8.1 It is recommended that Planning Committee approve the application subject to a S.13 Legal Agreement containing the following (and that if the S.13 agreement is not completed within 6 months of the date of this Committee, that it be brought back before the Committee for reconsideration):
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.
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This Officer recommendation to approve this application subject to the applicant entering into a legal agreement was originally considered at a meeting of the Planning Committee where the members determined to approve the application subject to a legal agreement securing provision of
At that meeting the Members wished it minuted that once such agreement was in place the decision to approve the application could be made under the authority delegated to an appropriate officer of the Directorate.
In accordance with that instruction, this application has been ultimately determined in that manner.
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made: Permitted
Committee Meeting Date: 21.11.2022
Signed: Jason Singleton Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.
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PLANNING COMMITTEE DECISION 21.11.2022
Application No 22/00243/C Applicant Ballavitchel Estates Limited Proposal Change of use from tourist accommodation to residential accommodation Site Address Ballahowin Courtyard Ballahowin Farm Braaid Road St Marks Ballasalla Isle Of Man IM9 3AS
Senior Planning Officer Jason Singleton Presenting Officer As above
Addendum to the Officer Report
At the committee hearing of the 21st November 2022, following the officer's presentation and debate, the committee sought an additional condition restricting permitted development rights. The case officer accepted their proposals and agreed to provide a suitable worded condition;
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken under the following classes of Schedule 1 of the Order at any time: Class 13 - Greenhouses and polytunnels Class 14 - Extension of dwellinghouse Class 15 - Garden sheds and summer-houses Class 16 - Fences, walls and gates Class 17 - Private garages and car ports Class 21- Construction of decking
Reason: To control future development on the site.
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