Loading document...
==== PAGE 1 ====
23/00488/B Page 1 of 17
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 23/00488/B Applicant : Mr & Mrs Denzil & Beverly Williams Proposal Conversion of an Existing Barn Structure (Block A) into Two Self-Catering Tourist Cottages (Class 3.6), Erection of Bat Barn, and Erection of Solar Array Site Address Berrag Farm Sandygate Ramsey Isle Of Man IM7 3BS
Case Officer :
Paul Visigah Photo Taken :
12.09.2023 Site Visit :
12.09.2023 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 28.03.2024
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. The holiday/tourist accommodation hereby approved shall be used solely as temporary holiday letting accommodation and for no other purposes whatsoever including use as permanent residential units without the prior express grant of planning permission by the Department.
They shall not be occupied as a person's sole or main residence and the owner of the holiday/tourist accommodation shall maintain an up-to-date register of the name of each occupier of the holiday/tourist accommodation on the site, their length of stay and their main home address and shall make this information available at all reasonable times to the Department.
No guest or customer may occupy any part of the accommodation for a period exceeding 28 days during the months of April and September (inclusive).
Reason: to ensure that the development is only used and occupied as short-let holiday accommodation during the holiday season and to maintain the availability of the units as short term holiday accommodation.
==== PAGE 2 ====
23/00488/B Page 2 of 17
C 3. In the event that the solar panels and the support units hereby approved are no longer used or required for renewable and alternative energy generation for a period exceeding 12 months, they shall be removed and the ground restored to its former condition within 6 months following the 12 month period.
Reason: The structures have been exceptionally approved solely to meet sustainable energy need and its subsequent retention would result in an unwarranted intrusion in the countryside.
C 4. The boundary of the area defined for use by the solar arrays shall be enclosed by post and wire fence. Any replacement fencing shall also be post and wire fence (not solid fencing), and shall thereafter be retained and maintained as such.
Reason: For the avoidance of doubt and to ensure the provision of an appropriate landscape setting to the development.
C 5. The solar panels hereby approved shall be fixed and angled south only as shown on approved plans, and shall not be rotational.
Reason: the application has been assessed on this basis only and in the interest of visual amenity.
C 6. Prior to the installation of external lighting within the site, a Lighting Plan shall be submitted to and approved in writing by the Department. The lighting of the site will be designed utilising inward directed led lighting columns to provide required site illumination without creating undue light pollution. The development shall not be carried out other than in accordance with the approved plan, and shall be retained as such thereafter.
Reason: To provide adequate safeguards for the ecological species existing on the site.
C 7. The Bat Barn approved as part of the development shall be erected strictly in accordance with the approved plans (Drawing No. 151 Rev A), and shall thereafter be retained as such. The Bat Barn shall be built and available for use by bats prior to works affecting the bats.
Reason: In the interests of protecting and enhancing the biodiversity of the environment.
C 8. Prior to the commencement of any works on the barn, a Methodology for bat protection during works and covering the bat mitigation provisions with notes to clarify intentions and a method statement, shall be submitted to and approved in writing by the Department. The development shall not be carried out other than in accordance with the submitted Bat Protection Methodology.
Reason: To provide adequate safeguards for the ecological species existing on the site.
C 9. The tourist accommodation units hereby approved shall not be occupied or operated until the additional car parking and manoeuvring areas, have been provided in accordance with the approved plans (Drawing 001 Rev E) received 20 October 2023. Such areas shall remain free from obstruction thereafter and remain available to the users of the approved development.
Reason: To ensure that sufficient provision is made for the parking and turning of vehicles, and pedestrian movements in the interests of highway safety.
C 10. 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:
==== PAGE 3 ====
23/00488/B Page 3 of 17
Class 39 - Fences, walls and gates
Reason: To control future development on the site.
C 11. The element of this approval that relates to part of Field 214608 is for the installation of solar panels only. No permission is granted under this application for the change of use of the field to mixed use or residential land.
Reason: For the avoidance of doubt, and to reflect the information provided in the application, as the Department has assessed the impact of the proposal only on the basis of the additional use of the field.
C 12. No Ground Source Heat Pumps shall be installed unless they are in accordance with details which have been first submitted to and approved in writing by the Department.
Reason: For the avoidance of doubt, to reflect the information provided in the application and to ensure no unacceptable impact on the environment.
N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason. Overall, it is concluded that the planning application is in accordance with Environment Policy 22 and Energy Policy 4 of the Isle of Man Strategic Plan 2016, as well as the wider Government climate change strategy. The proposal is also considered to accord with General Policy 3, Environment Policies 1, 4, 5 and 16, Strategic Policy 8, and Business policies 11 and 14 of the IOM Strategic Plan. No unacceptable adverse impact has been identified as likely with respect of the character and appearance of the existing building and surrounding landscape, the residential amenity of the neighbouring property or on parking and highway safety.
Plans/Drawings/Information;
This decision relates to the following documents and plans:
o Cover Letter, Bat Report Prepared by Manx Bat Group, Visit Isle of Man Support Letter, and Drawing Nos. 102, 150 Rev A, received 24 April 2023;
o Correspondence with Photos from Applicant received 12 September 2023;
o Nocturnal Bat Survey Report prepared by Collington Winter Environmental received 27 September 2023;
o Correspondence from Applicant received 29 September 2023;
o Agent Correspondence with DEFA EPU received 19 October 2023;
==== PAGE 4 ====
23/00488/B Page 4 of 17
o Bat Emergence Map, Drawing Nos. 001 Rev E, received 20 October 2023;
o Bat Mitigation Case Study received 30 November 2023; and
o Drawing No. 151 Rev A, received 31 January 2024;
__
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations: o Manx National Heritage
It is recommended that the following Government Departments should not be given Interested Person Status on the basis that they have not made written submissions relating to planning considerations: o Manx Utilities Authority (Electricity) __
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL MAY BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL
0.0 PREMABLE 0.1 This application has been recommended for assessment by the Planning Committee on 8 April 2024, although it has an active re-advertisement period which expires on 5 April 2024. Given that the date for the publication of the Planning Committee agenda would precede the expiry date for the submission of further comments on the application, any subsequent representations/consultations which are received prior to the determination of the application would be verbally presented at the Planning Committee Meeting.
1.0 THE SITE 1.1 The application site is the Berrag farm which sits north of the Sandygate Road (A13), just east of Sandygate crossroads. The site houses the main farm house which is accessed from a narrow gated private gravel lane measuring about 206m long which serves the farm house and existing buildings on site. The private lane is accessed from Sandygate Road to the south.
1.2 At the rear of the farm house are two "L" shaped barns aligned northwest-southeast creating a large courtyard, laid to lawn, between them. The shorter wings face south-west towards the farmhouse. A small green house sits northwest of both barns and backs the wooded area north of the site.
1.3 The western barn has already been converted to living accommodation, with both floors of the short wing and the first two bays of the main barn forming the existing tourist accommodation on site.
1.4 There is a large walled garden measuring about 301sqm serves tourist lodging at the converted barns, and this garden also has a green house. A pond which serves the entire site is situated northwest of this garden. The site also has a covered well, a large vegetable garden, and large wooded areas with footpaths.
==== PAGE 5 ====
23/00488/B Page 5 of 17
1.5 The site currently benefits from a large hardstanding area in front of and behind the farmhouse that provides parking on site, besides the parking provision within the existing integral garage on the farmhouse.
2.0 THE PROPOSAL 2.1 Planning approval is sought for Conversion of an Existing Barn Structure (Block A) into Two Self-Catering Tourist Cottages (Class 3.6), Erection of Bat Barn, and Erection of Solar Array.
2.2 The proposed works would involve converting the northern part of the northwest barn into two self-catering tourist accommodation. This part of the building would be laid out such that it would house two bedroom self-contained units that would each be set over two floors.
2.3 The first unit would sit directly north of the existing tourist units within this barn and would have an entrance porch, a WC, and open plan kitchen/dining and living area on the ground floor, while the first floor would house the stairs and two bedrooms with ensuite.
2.4 The second tourist unit would be set north of the other unit and would be laid out to have an entrance porch, store, a WC, and open plan kitchen/dining and living area on the ground floor, while the first floor would house the stairs and two bedrooms with ensuite.
2.5 Both units would be served by an outdoor terrace on the ground floor arear elevation. A new hardstanding area would be created north of the existing hardstanding area north of the farm house with (8) new parking areas, new tree planting and new Manx sod hedge. New footpaths would also be created from the parking area to the tourist accommodations on site.
2.6 The new tourist accommodation would use the existing foul and surface water drainage systems.
2.7 The scheme would also involve the creation of a new bat barn northwest of the existing large green house northwest of the barns to serve as ecological mitigation on site. The bat barn would have a footprint measuring 5.6m x 5.6m and would be 6m tall from the ground level to the top of its roof (2.7m to the eaves). The roof would be finished in natural slate, while the walls would be finished in natural timber cladding. Habitat Bat Access Slate or Lead Access Tile with minimum 20mm high opening for access to batten space would be created on the roof, while bat brick boxes would be installed on the walls.
2.8 Other works would involve: a. Installing two rows of solar array northwest of the pond and within the agricultural field (Field 214608) which sits northwest of the farm yard. Each array would be about 17m long and 3.3m wide, each supporting 30 panels (60 panels in total). The supports would be 1.7m tall at the highest point and 580mm tall at the lowest pint and inclined at 20 degrees. No details have been provided on the type of panels and energy generation capacity. These arrays which would be within an area measuring about 504sqm, would have its boundary fenced off. No details on the type of fencing have been provided.
b. The plans also show the installation of ground source heat pump within an area of the site northwest of the existing barns measuring 15.6m x 25.4m. No details have been provided on the energy generation specifics or type of ground source heat pump to be installed.
2.10 The applicants have provided additional information which details the following: a. The current cottage is managed by Island Escapes and their website is great plus you can see reviews there, this is the direct link to Wisteria Cottage. https://www.islandescapes.im/property/609893
==== PAGE 6 ====
23/00488/B Page 6 of 17
b. The farm owns 82 acres, and guests are very welcome to go wherever they like with two provisos; not enter any fields with livestock in and all children 10 and under must be accompanied by an adult at all times (due to the pond/dub).
c. The walled garden is for the private use of cottage guests only.
d. The Berrag sword which is in the Manx Museum was found here (exact location unknown) and a bronze replica has been made using traditional sword making methods. Information about the replica is provided in the guest information, and guests are welcome to come and see the sword and have a photo with it.
e. This year, 2.5 acres of land have been planted; 6000 plants with 7 varieties of lavender, the soil is sandy (hence Sandygate) and the lavender has taken really well. The varieties have been chosen for fragrance and colour.
f. Guests are welcome to enjoy the lavender, take photos etc., and also learn about harvesting, drying, making products and producing essential oils.
g. 300 cider apple trees have been planted within the farm, 7 different varieties, and there is an informal agreement with Isle of Cider to buy the apples to make cider. All guests will be able to enjoy walking in the orchard, taking photos when the apple blossom is out and helping with the harvest and watch the juicing in the field.
h. When doing any planting of the Manx bank, lavender plants, and trees, guests have been offered the opportunity to plant something and several have done it, for themselves or in memory of someone.
i. Some of the fields are rented to Aalin Dairy and guests are normally delighted to discover the connection between the cows in the field, the milking shed on the mountain and the bottle of milk they are given.
j. Workshops are run at the farm for tourists and visitors to the site: these include, Christmas Craft activities on Wednesday mornings, Posy cone making from February onwards, and the lavender farmer experience. Workshops will be 2-3 hours max, twice a week. There will be a max group size of 10 or 15. Workshops will take place in the farmhouse kitchen and in the lavender fields at the front.
k. Cider apple activities to be added as they get mature enough.
2.11 The applicants have also submitted a support letter from an Officer of the Visit Isle of Man Agency dated 7 February 2023 which notes that: o The proposed high quality of the two cottages should attract the new, high spending holiday and short break visitors that the Visitor Economy Strategy seeks to target and attract off-peak to help extend the islands holiday season - a key priority of the Visitor Economy Strategy. o The focus on installing sustainable energy systems supports the development of eco- friendly rural visitor accommodation. o The project represents a significant investment which is part of a larger development plan for the site which will help to enhance the islands visitor accommodation offer.
2.12 A Bat Survey Report prepared by Collington Winter Environmental Ltd and dated September 2023, submitted in support of the application provides details of potential impacts on bats, recommendations and mitigation, including monitoring requirements for the site.
3.0 PLANNING POLICY 3.1 Site Specific:
==== PAGE 7 ====
23/00488/B Page 7 of 17
3.1.1 In terms of local plan policy, the application site is largely within an area of land which is not designated for development on the 1982 Development Plan. The existing barns, one of which is the subject of the current application are within an area of Private Woodland or Parkland on the development Plan. The site is not prone to flood risks or within a Conservation Area. Large parts of ' '''the application site (over 40 percent) are within a Registered tree Area, and there is a registered tree on site.
3.2 National: STRATEGIC PLAN (2016) 3.2.1 The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EP 1 and GP3). However, General Policy 3 provides a list of exceptions that would be allowed, and this includes (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest.
3.2.2 The installation of solar panels does not fall within any of the exceptions allowable under General Policy 3, although Paragraph 12.2.8 of the Isle of Man Strategic Plan 2016 states that the Department is fully supportive of the need to secure greater energy efficiency in new and existing development and has recently introduced additional energy efficiency requirements in the Building Regulations 2003. Energy efficiency and the use of renewable energy sources are covered in General Policy 2(m) of the Building Regulations. At the same time the Department recognizes that renewable energy sources can have adverse environmental impacts.
3.3 Other Relevant Strategic Plan Policies: a. General Policy 2 - General Development Considerations. b. Environment Policy 1 - Protection of the countryside and inherent ecology. c. Environment Policy 3 - Seeks to prevent unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value. d. Environment Policy 14 - Seeks to prevent the permanent loss of important and versatile agricultural land (Classes 1-2). e. Environment Policy 16 - supports the use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use, and sets out the circumstances where this may be permitted. f. Environment Policy 22 - No support for development that would unacceptably harm the environment and/or the amenity of nearby properties. g. Business Policy 11 - stipulates that tourism development must be in accordance with the sustainable development objectives of this plan; and requires that policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted. h. Business Policy 14 - stipulates that tourism development may be permitted in rural areas provided that it complies with the policies in the Plan, whilst noting that Farmhouse accommodation or quality self-catering units in barn conversions and making use of rural activities will be encouraged but must comply with General Policy 3 and Business Policies 11 and 12. i. Strategic Policy 8 - requires tourist development to make use of existing built fabric of interest and quality. j. Energy Policy 4 - Development involving alternative sources of energy supply will be judged against the environmental objectives and policies set out in this Plan. k. Energy Policy 5 - Proposals for more than 5 dwellings or 100 square metres of other development to be accompanied by an Energy Impact Assessment. l. Strategic Policy 4 - seeks to protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations.
==== PAGE 8 ====
23/00488/B Page 8 of 17
m. Strategic Objective 3.3 (Environment), Paragraph (a) - supports the precautionary principle, which assumes that activity might be damaging unless it can be proved otherwise in respect of development where significant environmental implications are involved. n. Precautionary Approach: "Assumes that activity might be damaging unless it can be proved otherwise in respect of development where significant environmental implications are involved. Where activity could prove to be harmful (to people, wildlife or the environment) and science cannot tell us the risks of the proposed activity then prevention is best."
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 IOM Biodiversity Strategy 2015 to 2025 4.1.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.
4.2 Isle Of Man Future Energy Scenarios (2020): 4.3.1 In December 2020, the Isle of Man Government launched its Future Energy Scenarios Strategy to determine the pathways to meet the following:
4.3.2 Key Targets: o To ensure 75% of the island's electricity is generated from renewable sources by 2035 and to deliver net zero emissions by 2050.
4.3 Residential Design Guide (2021) 4.3.1 This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
5.0 PLANNING HISTORY 5.1 The application site has been the subject of 13 previous planning applications, three (3) of which are considered to be materially relevant to the current application.
5.2 Planning approval was granted under PA 00/02132/B for Erection of porch and sunroom to dwelling, renovation of barns and erection of two greenhouses. This application which was approved by the Planning Committee on 12.04.2001, was the subject of three approval conditions, one of which is considered to be specifically relevant to the barns on site.
5.2.1 Condition 2: "The barns must only be used for purposes which are ancillary to the use of the main dwelling; no approval is granted to use of the barns as living accommodation.
5.3 Approval was granted by the Planning Committee in July 2001 to enable the Conversion of part barn to create staff accommodation under PA 01/00428/B. Two of the approval conditions are relevant for consideration:
C2: "The living accommodation may only be used for residential purposes which are ancillary to the use of the main house."
C3: "The new ground floor doors/windows to the south elevation must be set to the rear of the openings so as to respect the existing apertures; no approval is granted to the installation position as shown."
5.3.1 This barn is the subject of the current application for conversion of the entire barn to tourist accommodation.
==== PAGE 9 ====
23/00488/B Page 9 of 17
5.4 PA 22/00627/C for Additional use of staff accommodation as tourist living accommodation was approved on 1st July 2022. No restrictive conditions were imposed.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they find the development to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider installing enclosed and secure storage for cycle parking and an electric vehicle charging point to aid Active Travel and net zero objectives. (6 June 2023).
6.1.1 Following review of the revised plans and additional information provided by the applicants, DOI Highways have stated that the proposals continue to be acceptable and therefore HDC do not oppose (DNO) this application. The Applicant is advised to consider installing enclosed and secure storage for cycle parking and an electric vehicle charging point to aid Active Travel and net zero objectives respectively (29 September 2023).
6.1.2 DOI Highways have no further comments to make (18 March 2024).
6.2 Manx Utilities Electricity have made the following comments regarding the application (7 June 2023): o They note that this application includes 120m2 of Solar PV panels. o The applicant is strongly advised to contact Manx Utilities in advance of purchasing and installing these panels as it will be necessary to undertake network studies to determine the maximum amount of Solar PV that can be connected at this location. o They state that based on the outcome of these studies it may be necessary to restrict any network export from the property.
6.3 DEFA EPU (Environment Protection Unit) has made the following comments regarding the application (16 June 2023): o They request that the applicants confirm that the effluent from the septic tank will be disposed of via a soak-away and percolation have been carried out to confirm the land is suitable to receive the effluent? o They state that if there are any issues with a soak-away the applicants are requested to contact the Environmental Protection Unit to discuss this further.
6.3.1 In response to the comment made by the EPU, the applicant's agent has provided correspondence dated 19 October 2023, which states the following: o There are 2no existing tanks on site. 1 serving the existing large dwelling and 1 serving the existing tourist accommodation. o The intended tank is sufficient in size to accommodate the additional requirements and is on the Manx Utilities list - ID 3505. o They state that communications took place in April this year with MUA with regards to this.
6.3.2 Since the Correspondence was submitted by the agent, no further comments have been received from DEFA EPU.
6.4 The DEFA Ecosystem Policy Team has made the following comments on the application: 6.4.1 Comments received 8 June 2023: o They state that as is confirmed by the Manx Bat Group's Bat Survey Report for Berrag Farm dated 2022, the barn contains two different species of roosting bat - soprano pipistrelle and brown long-eared bat.
==== PAGE 10 ====
23/00488/B Page 10 of 17
o They state that there is therefore potential for bats and their roost spaces to be damaged, destroyed or disturbed by the works which would be an offence under the Wildlife Act 1990, and so mitigation measures are required. o They state that although mitigation recommendations have been made by the Manx Bat Group in their survey report, they are aware that the applicants are in the process of obtaining a separate bat mitigation plan from a different ecological consultancy and therefore request that determination of this application is delayed until this plan has been submitted to Planning and the Ecosystem Policy Team have been re-consulted. o The applicant is also advised that as a protected bat roost is present, they must get statutory written advice from the DEFA Ecosystem Policy Team prior to any works commencing on the barn, in line with sections 9 and 10 of the Wildlife Act 1990. o They provide an advisory regarding Bats which are listed on Schedule 5 of the Wildlife Act 1990.
6.4.2 Following the review of further information provided by the applicants, the DEFA Ecosystem Policy Team have indicated support for the proposal, whilst recommending conditions to be included as part of any proposal to ensure there are no adverse impacts resulting from the proposal on site ecology (7 March 2023).
6.5 Manx National Heritage have stated that due to the sensitive nature of this application, which involves the displacement of a protected species, they would like to further reiterate that the applicant they must get statutory written advice from the DEFA Ecosystem Policy Team prior to any works commencing on the barn, in line with sections 9 and 10 of the Wildlife Act 1990 (23 March 2024).
6.6 Jurby Parish Commissioners have not made any comments on the application, although they were consulted on the application.
6.7 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The key considerations in the assessment of this planning application are; i. The acceptability in principle in terms of its re-use of the other part of the barn as tourist accommodation; ii. Whether or not the physical works would have an acceptable visual and amenity impact; iii. Potential Impacts on Highway Safety; iv. Impacts on Neighbouring Amenity; v. The impacts on Ecology; vi. Loss of Agricultural Soils.
7.2 THE PRINCIPLE 7.2.1 Principle of Barn Conversion (GP3, BP 11, BP 12, BP 14 and EP 16) 7.2.1.1 The policies against which the principle should be assessed make it quite clear that any new development on the island should be directed to land designated for such uses and should be within those existing settlement boundaries listed in Appendix 3 and the spatial hierarchy. It also states that only existing rural buildings that are of special interest should be converted for alternative uses. This is clearly articulated in General Policy 3, Paragraph (b) of the Isle of Man Strategic Plan which states that the conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) are one of the possible exceptions to development on land not designated for development.
7.2.1.2 The above position is also reinforced by Environment Policy 16 which states that the use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use may be permitted where they meet a set of conditions, and these conditions guide any assessment for proposals that seek to convert existing properties for tourist use.
==== PAGE 11 ====
23/00488/B Page 11 of 17
7.2.1.3 With regard to compliance of the current proposals to part (a) of Environment Policy 16, it is considered that the site is situated within a redundant farm building in the countryside, which is no longer required for its original agricultural purpose. This was evident during the site visit where it was noted that this part of the barn currently serves as domestic storage for fuel wood used in the farm house, and therefore it is clearly redundant for its original agricultural use.
7.2.1.4 In terms of the building being substantially intact and structurally capable of renovation, it is noted that the building in its current form in substantially intact. However, no information has been provided by the applicant within the current application to demonstrate that the building is capable of renovation. While there is no structural report, it is clear that the building, part of which is currently used for residential purposes (staff accommodation) and tourist accommodation is substantially intact and structurally capable of renovation, given its extant use. It is, therefore considered that redundancy has been established and that this part of the building is capable of renovation. The proposal, therefore, conforms to Housing Policy 16 (a) in this respect.
7.2.1.5 In terms of compliance with part (b) of Environment Policy 16, it is considered the building is an attractive traditional stone building so its preservation is desirable, and the proposed reuse would serve to further achieve this. It was also evident that the building has been kept in good condition, and the proposal to use the entire building for high quality tourist accommodation would ensure that more income is generated via tourist rentals to support the maintenance of the property, which would serve to preserve the building's fabric and lengthen its lifespan as a building with historic, architectural, or social interest. For that reason, it is considered that the scheme aligns with the requirements of part (b) of Environment Policy 16.
7.2.1.6 The proposed development would only involve very minimal changes to the building's facade via the introduction of three new velux rooflights, widening of existing door fenestrations, and the creation of new door and window fenestrations on the northwest elevation, as well as the raising of door cills to create two new windows, reducing the width of door fenestrations, and creating a new door fenestration on the southeast elevation of the barn, and these are not judged to result in adverse changes to appearance or character of the building given their reduced scale and the fact that their position on the building are not prominent views. This complies with part (c) of Environment Policy 16.
7.2.1.7 With regard to parts (d) which deals with implications in terms of traffic generation, it is considered that the layout of the building which would only support two families or two groups of tourists, not exceeding six individuals (for each group) is not of a number that would create unacceptable traffic generation, with any use by tourists not considered to be significantly different from family members occupying the units as residence. The site is also situated along a public transport corridor which would best serve most tourists who usually do not require the need of a car.
7.2.1.8 The location of the site is considered to be suitable for tourist use as there would be access to broader farm site, the lake and dub, the wooded areas on site, and the surrounding countryside which would be suitable for hiking, sightseeing and other forms of tourist activities that benefit from proximity to the natural environment. As such, it is not considered that the proposal will result in the unacceptable dispersal of activity. These elements would ensure that the scheme complies with part (e) of Environment Policy 16 of the Strategic Plan.
7.2.1.9 Part (f) of Environment Policy 16 requires that the benefits secured by the proposal in terms of impact on the environment and rural economy shall outweigh the continued impact of retaining the outbuilding on site. In this case, it is considered that there would be minimal impacts on the environment resulting from the development as existing shrubbery within the site or trees would not be removed to facilitate the development. Therefore, these elements of the proposal are acceptable and not considered to be considerably different from the existing
==== PAGE 12 ====
23/00488/B Page 12 of 17
situation, with regard to environmental impacts. With regard to benefits to the rural economy, it is considered that visitors using the site would patronise the local farms through purchase of local goods and foods in the immediate locality, whilst also contributing to the local economy via the use of local transportation, as most visitors would usually not come with vehicles. The elements of the proposal that relate to bats at the site would be assessed as part of the ecological assessment for the scheme.
7.2.1.10 Overall, it is considered that the re-use of this part of the building which is situated in a rural setting for tourism use is generally supported, initially through Strategic Policy 8 which seeks to make use of the existing built fabric where there is not an adverse impact on the surroundings, as well as the business policies which support the principle of tourist use with exceptions and it is relevant to consider Business Policy 11 which is specific to the use of rural buildings for tourism in accordance with Environment Policy 16.
7.2.1.11 Added to the factors above which weigh in favour of the proposal, the scheme also seeks to provide niche tourist offerings which would provide a form of tourism not common on the island through the provision of onsite trainings to make products from the plants grown on the farm, such as the production of fragranced oils, and cider making on site.
7.2.2 Principle of Solar Array Installation and Ground Source Heat Pump (GP3, EnP 4 and Paragraph 12.2.8) 7.2.2.1 In assessing the principle of the proposed solar array, it is considered that the site is not zoned for development, and solar panels are not listed within the exceptions to the general approach set out in General Policy 3. However, given the wording of Energy Policy 4 that sites have not been allocated for solar power, and noting the intention to use these for the benefit of an existing property, it is considered that the land designation is not an automatic reason for refusal.
7.2.2.2 It is also considered that the Department is supportive of proposals to harness renewable energy, but must balance this against the other principles of the Strategic Plan, particularly those relating to preventing harmful development in the Island's countryside. Also relevant is the fact that their introduction here is expected to help contribute to the overall operation and energy efficiency of the application property which will utilize the energy generated. In this respect the proposal is considered to comply with paragraph 12.2.8 and Energy Policy 4 of the Strategic Plan.
7.2.2.3 Likewise, regard must be given to the reasonableness of the scale and siting of the proposed developments in view of their subsequent impacts, if any, on the surrounding area taking into account the existing built form that exists on site and vicinity, the detached nature of the proposed location relative the nearby highways, and the nature of the site which is enclosed by mature vegetation and trees that prevent views from the adjoining highways. In this case, it is considered that the siting and surrounding site character, together with the fact that the solar panels would serve as a sustainable alternative energy source would ensure that the scheme aligns with the aforementioned policies and texts within the Strategic Plan.
7.2.2.4 Although no specific provision is provided for by GP3 for the installation of Ground source heat pumps, the installation of renewable energy is supported by EnP4 and Paragraph 12.2.8 of the Strategic Plan, and the scheme also supports wider climate change aspirations. Hence, the principle of installing the ground source heat pumps would also be acceptable.
7.2.2.5 Notwithstanding the above, the acceptability of these elements of the proposal would be subject to the scheme meeting other considerations highlighted in 7.1 above.
7.2.3 Principle of the Bat Barn (EP4, EP5, & STP 4) In terms of the principle of the proposed bat barn, it is considered that this element of the proposal would introduce new built development in an area that is not zoned for development,
==== PAGE 13 ====
23/00488/B Page 13 of 17
and this element of the proposal also does not meet the exceptions allowable under General Policy 3 of the Strategic Plan. However, the works would accord with the environmental aspirations of the plan, the Biodiversity Strategy and are specifically allowed for in Environment Policy 5 (part c), being proposed as mitigation for potential impacts. Thus, the broad principle of the proposed bat barn would be acceptable, and would not be unsuitable for the site or the wider rural area.
7.3 IMPACT ON THE SURROUNDING AREA AND COUNTRYSIDE (EP1, GP2 & STP 4) 7.3.1 In assessing the impact on the surrounding area, it is noted that the works to convert part of the building for tourist use would retain the existing built fabric for this rural building, and will ensure the retention of the Islands built heritage, and improve the appearance of what might otherwise become derelict fabric (as leaving the building in its underused form would facilitate decline of the built fabric; thus it is not considered that this element of the proposal would be at variance with the requirements of Environment Policy 1 and general Policy 2 (c & g).
7.3.2 In assessing the visual impact of the proposed solar array, it is relevant to consider that the solar panels would be installed within an open part of the site and within close proximity to the existing converted barns and walled garden, while also having the most solar gain given its exposed nature and south facing orientation. When one passes by on the A13, the panels will not be visible due to the existing trees and sod hedges which line the field boundaries around the site, as well as the high hedges and trees that line the boundary of the broader site area with the highway.
7.3.3 It is also noted that these solar panels would not alter any of the boundary hedges or sod banks, or alter the field layout, as the design is such that would still allow grazing among the panels (as shown on the photo on Drawing 001); factors which would serve to ensure that the proposal does not result in adverse impacts on the landscape character of the area.
7.3.4 Given the factors highlighted in Paragraphs 7.3.2 and 7.3.3 above, it is considered that the position of the solar panels on the field, the available screening existing on site and the nature of the topography, as well as the location which would enable maximum utility of the scheme as it would offer a prolonged solar harnessing period, would ensure that the proposal does not spoil the character of the surrounding countryside, and comply with the requirements Environment Policies 1 and 4.
7.3.5 With regard to the proposed ground source heat pumps, it is noted that this element of the proposal would be carried out at the part of the site comprising managed turfed areas, and no trees would be removed to enable their installation. Likewise, the pipework will be below ground, and as such it is not considered that there are any landscape impacts that would justify refusal.
7.3.6 Turning to the siting and impact of the proposed bat barn on the site and surrounding area, it is considered that the building would be sited in close proximity to the existing building group on site and would not stand isolated within the countryside. The building is also sited close the existing wooded area north of the buildings were its use would be maximized by the existing biota on site. Moreover, the bat barn would be appropriate in terms of scale, materials, colour, and form to ensure that it is in in keeping with its surroundings, which comprises mature woodland, stone buildings with living walls, horticulture areas and mature walled garden with living walls. Therefore, it is considered that any visual impacts on the surrounding area would be acceptable and compliant with the aforementioned policies.
7.4 HIGHWAY IMPACTS (GP2) 7.4.1 In terms of highway impacts, it is considered that there would be no changes to the access, although the parking arrangement on site would be modified to increase parking provisions on site, with the converted building effectively served by the parking provisions.
==== PAGE 14 ====
23/00488/B Page 14 of 17
7.4.2 It is also vital to note that DOI Highway Services have assessed the proposal and find it to have no significant negative impact upon highway safety, network functionality and /or parking, and raise no objection to the proposal. Therefore, it is considered that this element of the scheme complies with the requirements of the aforementioned policies.
7.4.3 Further assessment of highway impacts have been discussed within paragraph 7.2.7 of the report.
7.5 AMENITY IMPACTS (GP2, EP 22 & RDG 2021) 7.5.1 In terms of amenity impacts, it is considered that the layout of the site which provides a clear separation between the tourist uses, existing dwelling, and the surrounding fields, and the ample parking available on site (both existing and proposed), the large area of land around the buildings which could serve a varied range of outdoor activities (including hiking and outdoor relaxation), the access to the surrounding countryside, the adequate level of outlook and light that would be afforded the converted barns, and the opportunity to enjoy the product making activities offered within the broader site area would ensure that there are no adverse impacts for future occupants of the tourist accommodation created from the converted building.
7.5.2 It is also not expected that there would be any adverse impacts from the proposed tourist use neighbouring amenity given the detached position of the barn relative to the neighbouring properties and the surrounding mature landscaping around the site boundary which would ensure no adverse impacts result.
7.5.3 Likewise, the proposed installation of the solar arrays are not considered to result in adverse impacts on neighbours, given its screened location, the scale of the installation which is considerably small comparative to the broader site area, and the orientation which would keep any resulting reflection away from the neighbouring dwellings.
7.6 IMPACTS ON ECOLOGY (EP 3, 4, & 5, & STP 4) 7.6.1 Environment Policy 4 stipulates that developments which would adversely affect species and habitats of national importance, and species and habitats of local importance would not be permitted. Within this policy, there are no allowances for provisions set for allowing developments with detrimental impacts and emphasis is placed on obtaining specific advice from the relevant professionals within the Department if proposals are brought forward. In this case, the advice provided by the Ecosystem Policy Team clearly indicates that the scheme holds the potential to generate impacts on existing species on site and as such have recommended specific conditions to mitigate for and diminish any impacts that result. The DEFA Ecosystem Policy Team also notes that the potential impacts on a particular bat roost within the site is unclear, and as such have recommended conditions to ensure that no unexpected impacts with no properly anticipated mitigations occur, taking the precautionary view of such potential impact. As such, further conditions would be imposed to ensure that the scheme caters for unexpected impacts.
7.6.2 Therefore, given that provision has been made for expected and anticipated impacts, as has been advocated by EP4, with the suggested mitigations considered to offer the means to minimise disturbance and adverse ecological impacts, it is considered that this element of the scheme would comply with the requirements of Environment Policies 4 and 5 of the Strategic Plan.
7.6.3 With regard to the potential impacts of the proposed solar arrays on site, it is considered that these would be installed within existing agricultural fields, with the proposed installation of the stands for the solar arrays considered to result in minimal environmental disturbance, as they would not involve the removal of large strips of soils to install the stands. As well, the arrays would be installed away from the existing protected areas within the broader site area, with n mature sodbanks or trees removed to facilitate the development. Based on the
==== PAGE 15 ====
23/00488/B Page 15 of 17
foregoing, it is not considered that this element of the development would cause or lead to unacceptable environmental disturbance and would comply with Strategic Policy 4 and environment policy 4 of the Strategic Plan. 7.6.4 In terms of impacts on ecology or biodiversity in relation to the installation of the ground source heat pumps, it is also important to establish that if any real harm would result, it would be mainly with respect to the removal of the surface layer of the turfed areas which have minimal ecological value due to the constant cutting to maintain its turfed appearance. It is also considered that the scale of vegetation removal to facilitate the excavation and infilling, in addition to the fact that no trees or mature shrubs on site would be removed to facilitate this aspect of the development, would make any impacts on biodiversity within the site negligible, and overridden by the retention of the rural character of the site which will remain considerably unchanged. Therefore, noting the factors highlighted and the longer term benefits of this element of the scheme, it is considered that any impacts would be minimal and not sufficient to warrant refusal of the proposal.
7.6.5 Overall, it is considered that the matters related to the ecology of the site, such as impacts on bats or breeding birds, and flora on the site are considered to be acceptable provided they are protected or certain actions are implemented via conditions. Therefore, the development is considered to broadly comply with Environment Policies 4 and 5, and Strategic Policy 4 of the Strategic Plan.
7.7 LOSS OF AGRICULTURAL SOILS (EP 14) 7.7.1 Since the solar panels would be installed on an agricultural field, the agricultural status of the land to which the solar panels would be installed was assessed. From details obtained from the Agricultural Land use capability map for the Isle of Man, the land is within an area with capability class 3, with Class 3 land characteristics comprising land with moderate limitations which restrict the choice of crops and/or demand careful management. This implies that the land is not a high yield agricultural land where impacts of the solar panel installation would bear significant impacts on agricultural production.
7.7.2 Whilst the land area to be occupied by the solar panels would measure about 505sqm, the impact on agricultural activities within the surrounding fields would be minimal given the nature of the proposed solar arrays which would be tall enough to allow grazing underneath. Therefore, it is considered that the proposal would be compliant with Environment Policy 14, although a condition should be attached such that should the panels become redundant or are removed, the support units and fencing must also be removed and the field returned to its original use.
7.8 ENERGY USE/CONSERVATION (GP2n & ENP5) 7.8.1 Energy Policy 5 requires that schemes of this scale demonstrate the measures that have been taken in the design to reduce energy consumption and increase energy efficiency. This is further reinforced by GP2 (n) which stipulates that new developments be designed having due regard to best practices in reducing energy consumption. In view of the above, it is considered that the scheme would incorporate solar energy generation, ground source heat pumps, with the proposed conversion of the barn reinforcing the built fabric to facilitate energy conservation, and as such would accord with the above policies.
8.0 RECOMMENDATION 8.1 Overall, it is considered the proposal would comply with General Policy 3, Environment Policies 1, 4, 5 and 16, Strategic Policy 8, and Business policies 11 and 14 of the Isle of Man Strategic Plan and therefore it is recommended that the application be approved.
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);
==== PAGE 16 ====
23/00488/B Page 16 of 17
(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 in Article 4(2) who should be given Interested Person Status.
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
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: 08.04.2024
Signed : P VISIGAH 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.
==== PAGE 17 ====
23/00488/B Page 17 of 17
PLANNING COMMITTEE DECISION 08.04.2024
Application No 23/00488/B Applicant Mr & Mrs Denzil & Beverly Williams Proposal Conversion of an Existing Barn Structure (Block A) into Two Self- Catering Tourist Cottages (Class 3.6), Erection of Bat Barn, and Erection of Solar Array Site Address Berrag Farm Sandygate Ramsey Isle Of Man IM7 3BS
Planning Officer Paul Visigah Presenting Officer As above Addendum to the Officer Report
The Planning Committee considered the application at its meeting on 8 April 2024 and agreed with the recommendation to approve the application subject to the officer's amendment to Condition 2.
The amended Condition 2 shall read:
The tourist accommodation hereby approved shall be used only for purposes incidental to the enjoyment of 'Berrag Farm', Sandygate, Ramsey, or as temporary holiday letting accommodation, and for no other purposes whatsoever including use as permanent residential units without the prior express grant of planning permission by the Department.
They shall not be occupied as a person's sole or main residence and the owner of the holiday/tourist accommodation shall maintain an up-to-date register of the name of each occupier of the holiday/tourist accommodation on the site, their length of stay and their main home address and shall make this information available at all reasonable times to the Department.
No guest or customer may occupy any part of the accommodation for a period exceeding 28 days during the months of April to September (inclusive).
Reason: to ensure that the development is only used and occupied as short-let holiday accommodation during the holiday season and to maintain the availability of the units as short term holiday accommodation.
Copyright in submitted documents remains with their authors. Request removal