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23/00956/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00956/B Applicant : Fenella and Charlotte Hampton and Geoghegan Proposal : Alterations to barn (Retrospective) and Additional use of first floor of barn as tourist accommodation in addition to permitted use as ancillary accommodation Site Address : Ballachurry Beg Summerhill Road Jurby Isle Of Man IM7 3BS
Planning Officer: Mr Paul Visigah Photo Taken : 12.09.2023 Site Visit : 12.09.2023 Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 09.01.2024 __
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 living/tourist accommodation hereby approved shall be used only for purposes incidental to the enjoyment of 'Ballachurry Beg', Summerhill Road, Jurby, as a dwellinghouse, or as tourist accommodation. No separate curtilage shall be formed and the building shall at no time be used as an independent dwellinghouse.
The owner of the 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.
Reason: The application has been assessed only in terms of this restricted use and any other use may have an adverse effect on the character and amenity of the area contrary to relevant Polices in the Strategic Plan 2016.
This application has been recommended for approval for the following reason. Overall, the proposal is considered to accord with Environment Policy 1, Business Policy 13, Strategic Policy 8, General Policy 2, and Transport Policies 4 and 7 of the Strategy Plan of the
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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, amenity of neighbours, public amenity or on parking and highway safety.
Plans/Drawings/Information;
The development shall be carried out in accordance with the plans and documents detailed below: o Cover Letter; o Planning Statement; o Location Plan (Drawing No. 23 - 118 - 02 rev A); o Proposed Site Plan (Drawing No. 23 - 118 - 03 rev A); o Existing Visibility Splays (Drawing No. 23 - 118 - 05 rev A); and o Existing and Proposed Plans and Elevations (Drawing No. 23 - 118 - 06); All received 16th August 2022.
Reason: The proposal has been assessed on the submitted drawings and any changes may have a different impact on the site and surrounding countryside. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The application site which is defined by the red-line boundary comprises the residential curtilage of Ballachurry Beg, Summerhill Road, Jurby, which is a detached traditional dwelling, a fenced paddock within an adjoining agricultural field (Field 214160) and two other fields (Fields 214161 and 211417).
1.2 The site which sits on a corner plot with the A13 road to the south of the site and the B4 road to the east, is located approximately 1km east of Sandygate Crossroads in Jurby. The main access to the site is via a gated access situated along the A13 (Sandygate Road), while a secondary access is via Summerhill Road. The site frontage has a low Manx stone boundary wall which open up at the gated access.
1.3 The residential curtilage houses the main dwelling which is a two storey property, a detached two storey Manx stone outbuilding which sits just southwest of the main dwelling and west of the gated access to the site, as well as a portal framed building which sits west of the two storey Manx stone outbuilding. A timber clad stable building sits north of the portal framed building, but just outside the residential curtilage.
1.4 Most of the site area is enclosed is mature landscaping comprising mature trees and shrubbery and there is pond situated just northeast of the main dwelling and within Field 211417 which is within the broader site area.
2.0 THE PROPOSAL 2.1 Planning approval is sought for Alterations to barn (Retrospective) and additional use of first floor of barn as tourist accommodation in addition to permitted use as ancillary accommodation.
2.2 The outbuilding which is the subject of the Planning application is a two storey Manx stone building (painted white) which houses two garages, a workshop and WC on the ground
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floor, while the upper floor supports an ancillary accommodation which is laid out to provide an open plan Living/ Bedroom Area and kitchen, and a bathroom.
2.3 The external alterations to the building include: a. Change of size of aperture and style of external door to first floor of garage. The width of the door is increased from 900mm to 1.2m. There are no changes to the height. b. Erection of a WC extension to the rear of the stairs. c. Addition of a pitch roofed timber portico to front of garage over pedestrian door.
2.4 The applicants have provided a planning statement which states the following: o Proposed is the additional use of the space above the garage as tourist accommodation as well as retaining it for purposes ancillary to the occupation of the main dwelling, Ballachurry Beg. o No changes are proposed to the building or the internal layout and the ground floor will remain as it is and separate from the accommodation above. o Car parking is available between the two outbuildings and also around the side and rear of the main house and the building benefits from the use of both accesses to the property. o The proposal will add another use for this old and interesting building and one which can provide an income which will assist with the maintenance of the site and its buildings and landscape. o The tourism use will also support the Government's Tourism Strategy and will provide a modest unit of accommodation in a beautiful part of the Island which is close to rural walks, the northern coast and where the land is generally flat and suitable for recreational cycling. o The building is structurally capable of this additional use, given that it is already used for ancillary accommodation and no changes are proposed. o The two person tourist unit would not adversely affect the viability of any settlement and would not result in significant levels of impact on the highway.
3.0 PLANNING POLICY 3.1 Site Specific 3.1.1 The site lies within an area of land that is designated as private woodland or parkland under the 1982 Development Plan Order, and the site is not within a Conservation Area. The site is largely not prone to flood risks although Field 211417 which forms part of the planning unit is susceptible to high flood risks. The entire site is within a Registered Tree Area although there are no registered trees on site.
3.2 National: STRATEGIC PLAN (2016) 3.2.1 Given the nature of the application it is appropriate to consider the following parts of the Isle of Man Strategic Plan (2016):
3.2.2 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 given there is an existing dwelling on the site, it is relevant to consider Housing Policy 15 which makes provision for extensions or alterations to traditional properties in the countryside.
3.3 Relevant Strategic Plan Policies: a. General Policy 3 - Exceptions to development in the countryside. b. General Policy 2 - General Development Considerations. c. Housing Policy 15 - extension or alteration of existing traditionally styled properties in the countryside. d. Environment Policy 1 - Protection of the countryside and inherent ecology. e. Strategic Policy 1 - Efficient use of land and resources. f. Strategic Policy 2 - Priority for new development to identified towns and villages. g. Strategic Policy 5 - Design and visual impact.
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h. Strategic Policy 8 - Supports tourist development which makes use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests, and where they enable enjoyment of our natural and man-made attractions. i. Business Policy 11 - Tourism development to accord with the sustainable development objectives of this plan; 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. j. Business Policy 13 - Use of private residential properties as tourist accommodation. k. Business Policy 14 - Tourism development in rural areas. l. Paragraph 9.5.8 - "The use of existing private residential properties as tourist accommodation may be acceptable if it can be demonstrated that it will not compromise the amenities of any neighbouring residents." m. Transport Policy 4 - Highway safety n. Transport Policy 7 - Parking provision and standards.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Policy on the Development of Non-serviced Accommodation (March 2019): 4.1.1 The document seeks to shape a future development strategy for the sector, help inform planning policy and to guide the Department as to what support mechanisms may be required to maximise the potential benefits of an expansion on non-service accommodation in the Island.
4.1.2 This document is helpful in outlining what type of tourist accommodation the Isle of Man is looking for and states that the focus for the future "will be on the types of non-service accommodation identified as being in shortage within the study, namely; 8.2.1 developments of multiple units; 8.2.2 those that cater for families; 8.2.3 those that cater for individuals with disabilities 8.2.4 proposals which incorporate leisure and entertainment facilities; 8.2.5 high quality, luxury, boutique developments; 8.2.6 clusters or separate small scale units which complement existing tourist activities or leisure facilities; 8.2.7 glamping units and 8.2.8 those catering for group experiences."
4.1.3 Paragraph 8.3 is clear that this policy is intended to support proposals for new, high quality stock, and specifically excludes: 8.3.1 Partial conversion of residential properties to provide self-catering units 8.3.2 Re-purposing or sub-letting of individual rooms within existing properties 8.3.3 Refurbishment of existing self-catering units.
4.2 Isle of Man Visitor Economy Strategy 2022-2032 4.2.1 The Strategy's headline targets are to grow the annual visitor numbers to 500,000 by 2032 and increase the annual economic contribution of the Island's Visitor Economy to £520m. This will mean attracting an additional 170,500 visitors per year compared to 2019. The aim is to triple the holiday and short break market as well as grow all of the other visitor markets. Combined with an expected increase in average spending per visitor, driven by strong growth in longer staying and higher spending leisure markets, these visitor numbers should result in a more than doubling of annual visitor spending on the Island to £310m, which will support an increase in Visitor Economy jobs to 5,000 and generate an annual Exchequer benefit of £49m.
5.0 PLANNING HISTORY 5.1 The garage which is the subject of the current application has been the subject of two previous planning applications which are considered relevant in the assessment and determination of the current application.
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5.2 Planning approval was granted under PA 04/02484/B for Alterations to existing garage, which included installation of three roof lights in the rear roof plane, and replacement of a pedestrian door and window with a second garage door. This was approved on 15 February 2005.
5.3 An application for Conversion of storage area above garage to an art studio under PA 07/00126/B was approved on 14 March 2007. The scheme also involved changes to the external appearance of the building via the installation of four rooflights on the front roof plane of the outbuilding (garage).
5.4 Whilst there has been further changes to the garage building in the form of an extension to create a new WC which is attached to the stairs, there is no planning record for this development. The applicants have also not provided any document to demonstrate that this was carried out as permitted development, as such the proposal has been amended to include alterations to the building.
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 proposal to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider installing EV charging to aid Net Zero objectives (1 September 2023).
6.2 Jurby Parish Commissioners have not made any comments on the application although they were consulted on 18 August 2023.
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The application seeks approval for alterations (retrospective) and the additional use of an existing ancillary residential unit as a self-catering tourist accommodation. Therefore, the fundamental issues to consider in the assessment and determination of this planning application are: a. Acceptability of the principle of the proposed tourist use; b. The Visual impact of the proposed alterations; c. Impact of the proposal on the living conditions of the immediate neighbours; and d. Impact on Parking and Highway Safety
7.2 Principle of the Development (GP 2, STP 8, Paragraph 9.5.8 and BP 13) 7.2.1 In assessing the acceptability of the principle of the proposed development, it is noted that the site falls outside of a defined settlement boundary within the open countryside, is not designated for residential development with the proposals not according within one of the defined exceptions outlined in General Policy 3. Business Policy 13 however states that permission will generally be granted for the use of private residential properties as tourist accommodation providing it can be demonstrated that such use would not compromise the amenities of neighbouring residents. Strategic Policy 8 is also clear that tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and manmade attractions.
7.2.2 Likewise, further provision exists within the Strategic Plan for the conversion of existing rural buildings to tourist use in accordance with Environment Policy 16 and Business Policies 11, 12 and 14. In this instance however, the site comprises an existing residential property, which would retain its residential use with the proposal seeking for the additional tourist use of
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an existing ancillary unit of accommodation within the site. Whilst limited information has been provided as to the nature and frequency of such use, the proposed level of accommodation is modest and would not involve significant external alterations to the property to enable such use. It is, therefore, considered that the additional use of the first floor of barn as tourist accommodation in addition to the permitted use as ancillary accommodation is unlikely to result in a material increase in the site's intensification of use or indeed result in a material impact upon the character and appearance of the wider landscape, particularly as the alterations to the building's exterior are only minimal and unlikely to result in adverse impacts on the site character of surrounding countryside.
7.2.3 It is also important to note that the existing strategies on the Island which have been referenced as the other material considerations within section 4 of this report, such as the 'Policy on the Development of Non-serviced Accommodation', and the 'Isle of Man Visitor Economy Strategy 2022-2032', seek to maximise the potential benefits of an expansion on non- serviced accommodation on the Island. Whilst the scheme in its current form would fail to align fully with the Policy on the Development of Non-serviced Accommodation as although it provides accommodation that would cater for small families, would constitute an exclusion identified in Paragraph 8.3 of that Policy (being a partial conversion of a residential property to provide self-catering units), the scheme would still pass as a form of growing all of the other visitor markets as required by the Isle of Man Visitor Economy Strategy 2022-2032. As such, it is considered that the scheme as proposed aligns with the tourism strategies for the Island.
7.2.4 Additionally, the site is within close proximity to the northern coast and rural landscapes suitable for hikes, and at a location where the land is generally flat and suitable for recreational cycling. As such, the location of the premises is well suited to a tourist use, and the principle of such development is considered acceptable.
7.3 Visual impact of the proposed alterations (HP 15, EP 1 & GP 2) 7.3.1 With regard to the potential visual impact of the proposal, it is considered that although the site falls outside of the defined settlement boundary of Jurby and within the open countryside which is not designated for residential development with the proposals not according with any of the defined exceptions outlined in General Policy 3, Housing Policy 15 allows extensions or alterations of existing traditionally styled properties in the countryside where these respect the proportion, form and appearance of the existing property. With the current scheme, it is judged that the proposed alterations to the property are largely considered to respect the built form, scale and vernacular of the existing property and as such considered compliant with the requirements of Housing Policy 15.
7.3.2 It is also noted that the site is well screened on most sides of its boundary by dense mature vegetation, and as such views to the alterations proposed to the property would not be readily visible in the context of any public vistas, including the principal street scene, with the only visible change being the addition of a pitch roofed timber portico to front of garage over pedestrian door (and the scale of this change in considerably minor). Therefore, it is considered that the proposals would further not result in a material impact upon the character and appearance of the wider landscape, as there would be no changes to the surrounding mature landscaping bordering the site or changes to the site layout.
7.3.3 Overall, the proposals are considered to be generally acceptable from a design and visual impact perspective and proportionate in scale to the property, and there are no adverse impacts on the surrounding countryside. The proposals, are therefore deemed compliant with Housing Policy 15, Environment Policy 1, and General Policy 2 of the Strategic Plan 2016.
7.4 Impact on neighbours (GP 2 & BP 13) 7.4.1 In terms of impacts on neighbouring amenity, it is considered that there would be no impacts on neighbouring amenity given that the nearest property 'Willow Grove', Sandygate, is situated about 111m southwest of the barn which is the subject of the current application. The
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other neighbouring property at Close Clarke, Rhendhoo Road, Jurby is situated about 174m southwest of the application building. It is also considered that the intervening mature landscaping which separates the application site from both neighbouring properties, as well as the fact that all of the properties have direct uninterrupted access to the adjoining highway, would serve to diminish any concerns with regard to neighbouring amenity.
7.4.2 Given the above, it is judged that the use of the existing residential dwelling as tourist accommodation would not result in adverse impacts upon the living conditions of the neighbouring properties, and as such the proposal would conform to Business Policy 13 of the Strategic Plan.
7.5 Parking/Highway Safety Impacts (GP2, TP 4 & TP 7) 7.5.1 In terms of highway safety impacts, there should be no material change in the effect on highway safety and car parking with arguably as there is sufficient parking within the site to accommodate the additional tourist use of the ancillary accommodation on site. Besides, the property is within close proximity to a public transport corridor with tourists occupying the dwelling afforded easy access to public transport options to various parts of the Island. It is also vital to note that there would be no alterations to the existing vehicular access to the site, which provides safe access and exit from the property in its current state.
8.0 CONCLUSION 8.1 The proposed development is considered to be acceptable in principle in this countryside location, without detriment to the character or amenities of the wider landscape or the amenities of surrounding residential properties. The proposals are also not considered to result in a material impact upon the safety and capacity of the local highway network. The application is therefore considered to comply with Environment Policy 1, Business Policy 13, Strategic Policy 8, General Policy 2, and Transport Policies 4 and 7 of the Strategy Plan (2016), and recommended for approval.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __
I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
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Decision Made : Permitted Date : 11.01.2024
Determining officer
Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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