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23/01084/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 23/01084/B Applicant : Mr & Mrs Chris Owen Proposal : Conversion and extension of redundant Agricultural building to create new tourist accommodation Site Address : Ballawyllin Farm Peel Road St Johns Isle Of Man IM4 3NE
Planning Officer: Peiran Shen Photo Taken : 31.10.2023 Site Visit : 31.10.2023 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.11.2024 __
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 materials and finishes used in the renovation must match those specified in the drawing no. 04 Rev B, which has been received on 7th October 2024.
Reason: To preserve the character and architectural interest of the existing building.
C 3. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees, which are to be indicated on plans to be first submitted to and approved in writing by the Department.
Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.
Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
C 4. The approved accommodation can only be used as tourist accommodation ancillary to the existing dwellinghouse of Ballawyllin Farm, Peel Road, Peel. The accommodation cannot be
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rented out or sold separately from the existing dwellinghouse of Ballawyllin Farm, Peel Road, Peel.
Reason: the application is not applying for a dwellinghouse in the countryside and the condition would ensure as such.
C 5. No occupier shall occupy the approved building for more than 31 continuous days.
Reason: the application is for a tourist accommodation and the condition ensure the use remain as a tourist accommodation.
This application has been recommended for approval for the following reason. The proposal reuses an existing building with architectural and historical interest. Its structure report shows the building is substantially intact and structurally capable of renovation. Its extension does not harm the character of the existing building and there is no other adverse impact from the proposal. Therefore, the proposal is considered to comply with General Policy 2, General Policy 3, Environment Policy 1, Environment Policy 16, Housing Policy 11, Business Policy 11, Business Policy 12, and Business Policy 14 of the Strategic Plan.
Plans/Drawings/Information;
This approval relates to the documents, planning statement, structure report and drawing no. 01, 02, 03 which have been received on 25th September 2024 and drawing nos. 04 Rev B and 05 Rev B which have been received on 7th October 2024.
Interested Person Status
None
Officer’s Report
THIS APPLICATION IS REFFERED TO THE PLANNING COMMITTEE BECAUSE IT IS RECOMMENDED FOR APPROVAL BUT MAY BE CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN.
0.0 Prequel 0.1 The committee has requested consultation feedback from DEFA Forestry regarding the two tree removals within the application. Although Forestry is understaffed and would usually not respond to planning application consultation. The Arboricultural Officer, with the request from the planning committee in mind, managed to review the application and came to recommendation that the trees are diseased ash trees and therefore their removal are considered acceptable.
0.2 During the committee meeting on 28th October 2024, members requested that further conditions be added that links the proposed development to the main building with a maximum occupation period included, in order that the proposed tourist accommodation would not be able to be let or sold separately to the man dwelling. These conditions have now been included.
1.0 THE SITE 1.1 The application site is Ballawillyn Farm, Peel Road, St Johns. The farm is just west of St Johns and has fields both on the north and south side of Peel Road. There is a group of buildings in the southern fields. A driveway leads from Peel Road to this group of buildings.
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1.2 The existing building group has some barn-style buildings, a house and a few outbuildings for the house. The application is for one of the barn-style buildings.
1.3 The barn of this application is a traditional Manx-style stone barn. It is intact but the roof and some parts of the gable elevation missing. It is approx. 76 square metres.
2.0 THE PROPOSAL 2.1 The proposal is to convert the barn building to a tourist accommodation and extend it at the rear.
2.2 The existing buildings will be fixed up with natural stone and natural slate. It has uPVC casement windows. The north east elevation will have large windows following the shape of the elevation.
2.3 The structure report provided the application states the building is sufficient for the construction of a new floor and an extension.
2.4 The extension is approx. 35 square metres. It is finished with natural stone cladding which matches that of the existing building.
2.5 There is an area in front of the building available for parking.
3.0 PLANNING HISTORY 3.1 There is no previous application considered materially relevant to this application.
4.0 PLANNING POLICY Site Specific 4.1 The site is not within an area designated for any development in the 1982 Development Plan, meaning it is considered part of the countryside.
Strategic Policy 4.2 The Isle of Man Strategic Plan 2016 (IOMSP) contains the following policies that are considered materially relevant to the assessment of this current planning application: o Spatial Policy 5 o General Policy 2 (b) (c) (g) (h) (i) (j) (k) o General Policy 3 (b) (c) o Environment Policy 1 o Environment Policy 16 o Housing Policy 11 o Business Policy 11 o Business Policy 12 o Business Policy 14
4.3 The Isle of Man Strategic Plan has no assumption in favour of new development. In decision-making, approval should usually not be granted where a planning application conflicts with the Plan.
4.4 Spatial Policy 5 states that developments should only occur in defined settlements unless they comply with exceptions in General Policy 3.
4.5 General Policy 3 sets out exceptions that may be acceptable for developments outside of areas designated for development. Subsection (b) sets out one of these exceptions as "redundant rural building which are of architectural, historic, or social value and interest". The keywords here are "redundant" and "of value". In decision-making, this means that the building first needs to be proven to be redundant. Furthermore, just because a building is
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redundant does not lead to automatic approval. Such buildings also have to be of the values mentioned above.
4.6 Environment Policy 1 echoes Spatial Policy 5 and General Policy 3. It defines the countryside as areas outside existing settlements or not designated for development (as mentioned in 4.1). It shows that development adversely affecting the countryside will almost always not be permitted. It also states that the countryside is protected "for its own sake". In decision-making, this means there is an assumption against development in the countryside.
4.7 Environment Policy 16 sets out requirements for existing rural buildings being repurposed for tourist or small-scale industrial/commercial activities. These requirements include: o demonstration that the building is no longer required for its original purpose; o it is substantially intact and structurally capable of renovation; o accommodate the new use without requiring extension or adverse change to appearance or character; o acceptable implications on local traffic; o does not lead to the dispersal of activity on a scale that would harm the vitality and viability of town centres; and o when involving significant redevelopment, the benefits to the environment and rural economy outweigh the continued impact of retaining the existing building.
4.8 Housing Policy 11 sets out strict conditions that existing rural buildings have to meet to qualify for conversion into dwellings. These conditions include: o redundant for its original use; o substantially intact and structurally capable of renovation; o is of architectural, historic or social interest, this echoes General Policy 3 (b); o large enough to form a satisfactory dwelling, by itself or with small extensions that do not harm the character and interest of the building; o residential use being compatible with nearby land use and preferably with land use designation; and o can be provided with satisfactory services without unreasonable public expenditure
4.9 Housing Policy 11 also highlighted that such conversion should preferably re-establish the original appearance of the building and use the same materials as those in the existing building.
4.10 Housing Policy 11 also emphasises that rebuilding of ruins and erection of replacement buildings will not be permitted, and neither would further extension after the conversion is completed.
4.11 Environment Policy 16 and Housing Policy 11 echo each other in many aspects, such as the requirement for buildings to be redundant and structurally intact. They also require alteration and extensions to be minimal and the character of the building to be maintained. There are also different requirements, such as how far to consider the reach of the impact of the new development.
4.12 Business Policy 11 sets out general requirements for tourist development, which include sustainability and protecting the countryside. The policy also lists Environment Policy 16 should be applicable when needed.
4.13 Business Policy 12 paragraph 8.10 of the Plan and Housing Policy 11 as the general requirement for conversion of redundant buildings in the countryside to tourist use.
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4.14 Business Policy 14 echoes many of the policies mentioned above, it specifies that quality accommodation in the countryside should comply with General Policy 3 and Business Policies 11 and 12.
4.15 General Policy 2 (b) (c) and (g) set out design requirements for development, of which they should respect the character of the site itself and its immediate and not-so-immediate surroundings.
4.16 General Policy 2 (g) and (h) set out that amenities enjoyed by the site and the site around it should be protected or preserved.
4.17 General Policy 2 (h) and (i) also sets out that the proposal should satisfy the safety, efficiency and accessibility requirements, including parking provision, of all highway users whenever possible.
4.18 General Policy 2 (j) requires the proposal to have all necessary services. At a basic level, this refers to electricity, water and sewage services.
4.19 General Policy 2 (k) requires proposals to not prejudice the use or development of adjoining land when they comply with the Area Plan.
PPS and NPD 4.20 Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside provides general guidance on the design details of houses in the countryside.
5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance 5.1 There is no strategy or guidance considered materially relevant to this application.
6.0 REPRESENTATIONS This section is a summary. The original texts of the consultations and comments received are available on the Planning Application Search on the government website. 6.1 German Parish Commissioners has not commented at the time of the report (09.10.2024).
6.2 DoI Highway Services does not oppose this application (29.09.2023). The comment states that there is no significant negative impact upon highway safety, network functionality and /or parking.
6.3 Ecosystem Policy Officer wrote in (13.10.2023) requesting conditions for replacement tree planting and a precautionary work method statement.
6.4 No neighbouring properties were notified by letter. No comment has been received.
7.0 ASSESSMENT Principle of the Proposal 7.1 The critical consideration of this application is its principle. As mentioned in 4.5, this means justifying the redundancy of the building and its value.
7.2 The building is a traditional Manx stone barn. The Department has a typical position in accepting that such buildings are not viable for modern agricultural operations, since their size would fail to accommodate typical machinery, nor comply with animal welfare standards. Therefore, the building is considered to be redundant.
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7.3 Given the native architectural features of the Manx stone barn, it is considered to be of architecture and historic value. Therefore, the proposal is considered to be principally acceptable.
Requirement for Converting a Rural Building 7.4 The proposed conversion is to a tourist accommodation. This means it is both for tourism and residential use. Given the proposed floor plan the new building would be considered as a self-contained self-catering tourist accommodation (Use Class 3.6) within the Use Class Order. This means both Environment Policy 16 and Housing Policy 11 would be applicable.
7.5 The redundancy and value of the existing building has been acknowledge in 7.2-7.3. Given all four walls of the building (up to eaves level) are present, with the observation from a site visit and the conclusion of the structural report provided by the application, it is sufficient to judge the building as substantially intact and structurally capable of renovation. This is also seconded by the proposal since all four walls are kept as the starting point of renovation works.
7.6 The extension is just under 50% of the size of the original building. Given the existing building is missing some parts of walls and the entire roof, and the extension is finished to match the existing, its size is considered to retain the character of the existing building.
7.7 In the meantime, there is a contradiction between Environment Policy 16 and Housing Policy 11. Environment Policy 16 asks for no extension while Housing Policy 16 accept small extensions. However, both requirements are in the interest of maintaining the interest of preserving the existing character of the building. Therefore, given 7.6, the extension is considered acceptable despite being against Environment Policy 16.
7.8 Since Highway Services has no objection it is considered to have no negative impact on traffic.
7.9 Given the nature of the three-bedroom tourist accommodation, it is not considered to harm the vitality and viability of any town centres nor it is considered to affect the nearby land use.
7.10 The size contains a dog boarding kennel and a dwellinghouse. The proposed tourist accommodation is not considered to harm these uses.
7.11 Given its close location to the existing dwellinghouse, it is considered that public expenditure for providing necessary service to the new building would be minimal.
7.12 In conclusion, the proposal is considered to comply with Environment Policy 16 and Housing Policy 11 about the conversion of an existing rural building.
Elements of Assessments 7.13 The primary considerations, besides the principle, are the impact of the proposal on: o character and streetscene of the area o amenities of the neighbouring properties o traffic and highway safety
The character of the Streetscene and the Area 7.14 The proposed is readily visible to the members of the public so it is considered to have no impact on the character of the area.
Neighbouring Amenities 7.15 It is difficult to assess how an individual would behave, whether as a tourist or a resident. As a tourist, a person may be out a lot of the time, but may also have greater late
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nights and be disruptive on return. In the meantime, both tourists and permanent residents have incentives for organising gatherings, which can easily be carried out till late at night. In general terms, however, the majority of people tend to behave well and raise no concerns. Therefore, it is unlikely that this change of use to have a significant impact on the living conditions of the neighbouring properties
Highway Safety 7.17 As Highway Services does not oppose this application, it is considered that the proposal would have a neutral impact on road safety or traffic flows on the local highways. Therefore, its highway impact is considered acceptable.
Parking 7.18 The space in front of the building is sufficient for car parking so it is considered that there is no impacts on parking provision.
8.0 CONCLUSION 8.1 The proposal reuses an existing building with architectural and historical interest. Its structure report shows the building is substantially intact and structurally capable of renovation. Its extension does not harm the character of the existing building and there is no other adverse impact from the proposal. Therefore, the proposal is considered to comply with General Policy 2, General Policy 3, Environment Policy 1, Environment Policy 16, Housing Policy 11, Business Policy 11, Business Policy 12, and Business Policy 14 of the Strategic Plan and is recommended for an approval.
9.0 INTEREST 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 which the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision-maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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 and/or rights to appeal.
Decision Made : ...Permitted... Committee Meeting Date:...11.11.2024
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Signed :...P SHEN... 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
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