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14/01420/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 14/01420/B Applicant : Mr Chris Kelly Proposal : Refurbishment of existing farmhouse and barns with link extension to create a dwelling with guest annexe and detached garage Site Address : Croit E Kirkjufal The Sloc Ballakillowey Road Colby Isle Of Man
Case Officer : Mr Chris Balmer Photo Taken : 13.01.2015 Site Visit : 13.01.2015 Expected Decision Level :
Planning Committee
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE DEVELOPMENT CONTROL MANAGER
1.0 THE SITE 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.
2.0 THE PROPOSAL 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
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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 x 3.6m x 3.8m.
3.0 PLANNING STATUS 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:
"3.2 Landscape Strategies and Key Views for the South Southern Uplands (A2) 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. Key Views 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: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9, and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously development land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
3.5 Housing Policy 11 states: "Conversion of existing rural buildings into dwellings may be permitted, but only where: (a) redundancy for the original use can be established; (b) the building is substantially intact and structurally capable of renovation; (c) the building is of architectural, historic, or social interest; (d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building; (e) residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; and (f) the building is or can be provided with satisfactory services without unreasonable public expenditure.
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Such conversion must: (a) where practicable and desirable, re-establish the original appearance of the building and (b) use the same materials as those in the existing building.
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)."
4.0 PLANNING HISTORY 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)."
5.0 REPRESENTATIONS 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
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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).
6.0 ASSESSMENT 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 polices 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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6.8 With regard to paragraph (b), this item deals whether the building is substantially intact and structurally capable of renovation. Included in the submission is a structural report for the stone barns. In summary these reports concludes that:-
"...the buildings are adequately robust and suitable for conversion to a dwelling."
6.9 With regard to paragraph (c), the existing buildings are Manx stone barn which have retained their character and quality and certainly has architectural interest significant to warrant their retention. Overall, it is considered that the barns are worthy of renovation and conversion.
6.10 With regard to paragraph (d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building. The issue of the design, size, form and finish of the extensions will be addressed later in this report.
6.11 Paragraph (e), it is considered that the use would be compatible with adjoining established uses. The residential properties in the area are not close to the site and would not be impacted by the use of the buildings as a dwelling.
6.12 The final paragraph (f) relates to whether the building is or can be provided with satisfactory services without unreasonable public expenditure. The applicant has indicated that services already exist or are nearby.
6.13 As indicated within paragraph 6.10, the extension proposed is perhaps the most contentious issue with the proposal and has raised objection by the Local Commissioners. As stated at the beginning of this assessment, there are two polices which requires consideration in tandem with regard to the extension. Firstly, Housing Policy 13 which relates to the farmhouse, this policy states that extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building. Secondary, as indicated previously, Housing Policy 11 requires any extension being modest, and subordinate. It is difficult to calculate the percentage increase of the proposed floor area, as the extension essentially infills and includes the three buildings. However, taking all the existing buildings into account as well as the proposed extension the overall percentage increase of the development equates to a 35% increase. This is calculated by taking account of all existing buildings and proposed extension together as one. Perhaps what is more important than the percentage increase of the development, is how the extension fits with all three buildings. The infill extension which is part single, part two storey, and traditional in form, appearance and finish, with a pitched roof above. From public views the majority of the extension will be screened, with the exception of the upper part of the roof when viewed to the north and the gable elevation to the west when stood immediately adjacent to the site. Viewing the dwelling from the adjacent highway to the south will see little of the extension given it position behind the farmhouse building. A public footpath does run to the south and east of the site so the eastern elevation will be apparent which has a more contemporary glazed design.
6.15 Overall, it is considered the scale, proportion, form, finish and design of the extension complements the existing buildings on site and would not detract from the character or quality of the existing buildings which would still be clearly read as the historical features and original buildings. Furthermore, the majority of the extension would be screened from public views and from within the site, given the existing buildings would essentially be built around the extension.
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6.16 As mentioned previously the submission also includes the creation of a new residential curtilage associated with the new dwelling. The increase in curtilage is mainly to accommodate a 10 metre length of driveway from the access to the rear parking and garaging area for the dwelling. The main garden areas and the garaging and extensions would be within the existing curtilage. It is not considered the proposal curtilage would have an adverse visual impact upon the countryside to warrant a refusal.
6.17 It is noted that the application seeks the use of the converted two storey barn as guest accommodation (i.e. ancillary accommodation for the main house). Ancillary in planning terms means that the said building is used by and for the people of the main property, in a secondary manner and the whole planning unit (including the additional building) remains as a single unit of accommodation. What needs to be considered when determining this is how a building is being used. A single household contains a single person, a family or people who live as a family. Consequently, it is neither here nor there if someone owns the additional accommodation on the farm, in the garden and so on, what matters is whether they live separately (i.e. come and go, watch telly, eat, have different visitors etc) . If they do, then it is a separate dwelling. This also applies to relatives - even if it is someone's parents, or son/daughter, if they live separately, then it is a separate household. In this case the proposed converted two storey barn would result in a two bedroom property with its own kitchen and sitting area. This particularly would raise concerns if such application proposed a complete new build to accommodate this level of accommodation, as it could be consider tantamount to the creation of a new dwelling in the countryside. However, the proposal is converting an existing barn which as indicated previously complies with Housing Policy 11, which specifically deals with the conversion of rural buildings into dwellings.
6.18 However, in this case there would be concerns if this unit was to be used as a separate dwelling given the close proximity to the main dwelling and garden areas. This could adversely affect the residential amenities of the occupants of the main dwelling. However, the proposal is acceptable as the intention is for it to be ancillary and for the additional reasons below:
o the design and size of the accommodation; o being within close proximity to the main dwelling house; o the entrance of the accommodation being directly opposite the main external living area of the main dwelling; o outlook from the accommodation is over the private garden which the occupants of the main dwelling would likely utilise most, and arguably would not want to be overlooked by non-guest/family; and o the accommodation would utilise the same parking and driveway as the main dwelling.
6.19 One issue relates to the level of alterations to the roadside banking (adjacent the gable of the property) and the Manx stone wall (to the south of the existing access) in that they appear excessive and either no alterations are required or only smaller alterations. The applicants have indicated that they have undertaken these works to ensure the required visibility splays and that their view was that rebuilding the hedges with a clear grass verge may produce a final result that would appear more natural than modifying the existing. The applicants are happy for further discussion and are happy with a condition being attached which provides sections and further plans/details which show alternative works be undertaken whilst still providing the required splays. It should be noted that the works proposed should not adversely affect the roadside boundaries; however, at this stage it is not considered the level of works proposed would be required.
6.21 A final issue was for more clarification regarding the plans submitted as Drawings 03 and 05A seem to show the driveway extending to the front of the property and the two storey
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converted barn, although on drawing 03 the area which appears to be paving is annotated grass. It was also noted that the existing entrance is indicated to be a pedestrian entrance only. The applicants were asked whether the area fronting the properties could be lawned/landscaped rather than hard surfaced or at least only be a paved pedestrian footpath running between a lawned area is included to the front. This proposal would be an improvement to the character and appearance of the property. A landscaping condition should be attached which deals with this aspect of the proposal. Again the applicants are happy to provide this.
7.0 RECOMMENDATION 7.1 Overall, it is considered the proposal would comply with General Policy 3, Environment Policy 2 and Housing Policy 11 & 13 of the Isle of Man Strategic Plan and therefore it is recommended that the application be approved.
8.0 PARTY STATUS 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, DEFA - Wildlife Division and the Local Authority in whose district the land the subject of the application sits.
8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
Manx Utilities Authority - ELECTRICITY
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 22.04.2015
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
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.
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The development hereby approved shall not be occupied until the parking, turning areas and new access/driveway all to the rear of the dwelling have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 3. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved. Details of the landscaping works include, but not limited to, details of landscaping/pedestrian paths to the front of the dwelling. All further 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 or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of 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. Details of the hard landscaping works include footpaths and hard surfacing materials which should be dark in colour. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwellings hereby permitted.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 4. No development shall take place until further details of the roadside boundaries have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved. Such detail should include existing and proposed roadside elevational drawings and existing and proposed sectional drawings.
Reason: To control development in the interests of the amenities of the surrounding area.
C 5. 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 extensions, alterations, new buildings or means of enclosure shall be installed or erected without the further submission and approval of a planning application.
Reason: To control the integrity of future development on the site.
C 6. All external facing and/or roofing materials of the extension hereby approved are required to match those of the existing building in respect of Manx Stone walls and natural slate roofs.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 7. The staff accommodation building and guest accommodation above the garage block may be used only in association with the main dwelling house "Croit E Kirkjufal" and for purposes incidental to the use of main dwelling house "Croit E Kirkjufal" as a single dwelling and for no commercial purposes.
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Reason: The site is in an area where new dwellings are not normally approved nor considered suitable on this site; however, it is accepted such accommodation is incidental to the use of main dwelling house.
C 8. Visibility splays as shown on drawing 06 are required to be provided and retained prior to the occupation of the new dwelling.
Reason: In the interest of highway safety
--
This approval relates to drawings reference numbers 02, 03, 04, 02 SURVEY all received on 12th December 2014, drawings reference numbers 01, 05A and 06 all received on 24th February 2015 and Structural Report received on 3rd March 2015.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ...PER... Committee Meeting Date:...05.05.2015
Signed :...C BALMER... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph).
YES/NO
The committee approved the application subject to the inclusion of two additional conditions excluding any wider permitted development and thereby renumbering the recommended conditions 6, 7, and 8 to 8, 9 and 10.
The additional conditions were circulated and agreed by the members within the minutes of the meeting.
C6. 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 garden sheds or summerhouses shall be erected or placed within the curtilage of the dwellings hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C7. 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 greenhouses or polytunnels shall be erected or placed within the curtilage of the dwellings hereby approved, other than that
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expressly authorised by this approval, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
Noted on behalf on Mr Balmer - by E J Callow 8/5/15
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