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THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE DEVELOPMENT CONTROL MANAGER
1.1 The site is the curtilage of Croit E Kirkjufal which is an abandoned and derelict dwelling located on the eastern side of the Ballakillowey Road and north-west of Colby Village. Within the site are three existing detached buildings, the traditional two storey Manx farmhouse, a single storey stone barn and a two storey stone barn.
1.2 The site is current accessed via an entrance to the southwest of the farmhouse.
1.3 The buildings on the site can be seen from the Sloc Road (A36). The views of them are from a number of locations to the north and south of the site, being distance views and views immediately adjacent to the site given the A36 runs immediately adjacent and along the western boundary of the site.
2.1 The application seeks approval for refurbishment of existing farmhouse and barns with link extension to create a dwelling with guest annexe and detached garage.
2.2 The submission includes the retention of all three buildings but essentially linking all the existing buildings into a single dwelling by proposing a part single, part two storey infill extensions.
2.3 The existing buildings which are all constructed of Manx stone are to be retained as such, with the new extension also being finished in a mixture of Manx stone and glazing. All buildings would have slate roofs as a finish. The majority of the proposed windows would be hardwood vertical sliding sash windows.
2.4 It is proposed the existing entrance would be retained as a pedestrian entrance. A new entrance and driveway is proposed, which would be outside the existing residential
curtilage of the site. The remaining works, including the garage, extensions, parking areas and gardens would remain within the existing curtilage of the site. The new entrance would be located approximately 21 metres to the north of the dwelling. A new detached garage is also proposed to the rear of the dwelling, and its gable elevation would face immediately onto the A23, measuring 6.5m × 3.6m × 3.8m.
3.1 The site lies within an area designated on the Area Plan for the South as Open Space not designated for development and within a wider area of Uplands on the Landscape Character Appraisal. The Area Plan contains the following advice on the landscape policies:
The overall strategy for the area is to conserve and enhance the character, quality and distinctiveness of the open and exposed character of the moorland, its uninterrupted skyline and panoramic views, its sense of tranquillity and remoteness and its wealth of cultural heritage features.
Open and expansive panoramic views out to sea and over the southern portion of the Island. Distant views in some areas enclosed by the surrounding peaks."
3.3 There are no site specific policies in the Plan for this part of the parish.
3.4 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:
Such conversion must:
Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar or even identical form.
Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character."
3.6 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 available from existing services within the highway.
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(3) measured externally, the extension measures less than 50% of that of the original).
4.1 The previous planning application is considered relevant in the assessment and determination of this application:
4.2 Approval in principle to reinstate former dwelling and outbuildings - 99/00906/A - REFUSED on the following grounds:
"The proposal is considered contrary to the provision of Circular 3/89 in that the building is not structurally capable of renovation. As such, the proposal is considered as a new dwelling in the countryside which would be contrary to established policies (Isle of Man Planning Scheme (Development Plan) Order 1982)."
5.1 Rushen Commissioners have objected to the application (received on 20.03.15 & 19.12.14) which can be summarised as; the property is a derelict buildings; the site is within an area of high scenic value and this site is very prominent in the countryside; consider the proposal would result in too large a massing with the house and two outbuilding joined; when viewed from the side elevations the property would appear very large, intrusive and out of keeping; and the large 'church style' window in particular has no relevant to the style of property.
5.2 Highway Services do not oppose (received on 07.01.2015).
5.3 DEFA - Wildlife Division make the following comments (received on 07.01.2015):
"Lizards have been recorded "basking on the hedge by the Farm ruins" in 2006 and are known along many roadside banks in the area. I therefore request that consideration is given
in the plans to ensuring that lizards (which are protected under the Wildlife Act together with their places of shelter or protection) are not damaged during any works and that the removal and replacement of the hedge takes account of the possibility of it being lizard habitat.
This requires either a survey to determine whether they are present, or methods based on the assumption that they are. A rubble-centred replacement bank might therefore be appropriate, and a method statement on working with lizards and the replacement of suitable bank habitat. It might be possible to reuse the bank turf when rebuilding the new structure."
5.4 Manx Utilities Authority - ELECTRICITY makes no comment on the application but ask that an informative note be attached to any approval (received on 16.01.2015).
6.1 This proposed scheme requires the consideration of two policies, Housing Policy 11 which relates most to the two detached stone barns and Housing Policy 13 which relates to the farmhouse which has been abandoned and lost its residential status. Whilst these are two different policies the overall aim for both are to ensure the original buildings are retained and reused and the character and appearance are not adversely affected by any new development.
6.2 In relation to the farmhouse building, Housing Policy 13 indicates that permission may be granted by using the remaining fabric and the addition of new fabric to replace that which has been lost where 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; there is an existing, usable track from the highway; and where a supply of fresh potable water and of electricity can be made available from existing services within the highway.
6.3 In terms of the existing farmhouse building, all four walls are standing up to eaves level, the requirement being only three. In terms of whether the building is structurally capable of being retained and reused for a dwelling, a structural report has been undertaken by a Structural Engineer. Whilst the report indicates works such as under-pinning and other engineering techniques would be required, these do not require the structure of the farmhouse to be replaced. The report concludes that the building is adequately robust and suitable for conversion to a dwelling.
6.4 The existing dwelling can be served by an existing entrance; however, due to its size and poor visibility, a new entrance is proposed to the north of the site. Whilst this would utilise an existing field gate entrance alterations to the roadside boundaries would be required in parts to provide the required visibility splays. It is considered whilst the proposal would require an extension to the residential curtilage, the benefits of having an access with significantly improved visibility without significantly affecting the visual impact upon the countryside would be acceptable.
6.5 In terms of facilities the area has supply of water close by and if required the site could be provided with such facilities at the applicant's own cost.
6.6 Regarding the conversion of the existing barns to form the dwelling/guest accommodation Housing Policy 11 is most relevant. There are a number of criteria indicated within this policy, which any proposed development must comply with.
6.7 With regard to paragraph (a), the barns are not used in relation to agricultural (i.e. its original use) and therefore it is clearly redundant. Furthermore, from comments received previously from the DEFA these type of barns can no longer be used for modern agricultural farming either for storage of equipment or keeping of animals (animal welfare standards). It is therefore consider the redundancy has been established and conforms to Housing Policy 11.
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