Planning Report and Recommendations

Application No.: 09/01737/B Applicant: Mr Gerard \& Mrs Julie MacQuillan Proposal: Relocation and extension of existing stables Site Address: Field 410341 Cronk Y Dhooney Ballakilpheric Colby Isle Of Man ### Considerations Case Officer : Miss S E Corlett Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose Consultee : Rushen Commissioners Notes: no objections. Consultee : Drainage Division Notes: no objection subject to the following conditions-

Officer's Report

The Site

The site represents the curtilage of Robin Hill Farmhouse together with open land to the east. The site lies to the east of the B44 Ballakilpheric Road via a short lane which is also a public footpath which then leads to the west of the application site, to the south towards Colby Glen. The site accommodates the farmhouse - a traditional property which has had unfortunate extensions and alterations undertaken but has recently had planning permission granted for further alterations which will restore at least some of the original features and disguise others which are not to be removed (like the flat roof over the two storey rear extension). Also within the site is a large industrial style building to the north of the entrance from the lane, stone outbuildings which lie immediately adjacent to the footpath and stables and a hen house to the east of the dwelling.

Planning Status

The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as "white land", that is not designated for development. On the draft Southern Area Plan published on 23rd October, 2009 the site is not identified for development but lies within an area

identified on the Landscape Classification as Incised Inland Slopes which is further described in the draft Written Statement as follows:

"Landscape Character Area 2 - Ballamodha, Earystane, and St Mark's:

This is a fairly resilient landscape which has accommodated incursions of modern built development without severe detriment. However, some of the larger-scale residential developments lack either the topographical setting or the groups of trees which might have mitigated their visual impact."

The draft Landscape Character Planning Policy Statement, 2/09 states:

"4.5 Type D: Incised Slopes

The overall strategy for the protection and enhancement of the Incised Slopes Landscape Character Type is to conserve and enhance: the remote and rural character; the relatively sparse settlement pattern of traditional hamlets and scattered farm buildings; the network of sunken and enclosed rural roads; and the substantial hedgerows and sod banks dividing irregularly-shaped pastoral fields. Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:-

• (a) Care should be taken to ensure that housing and business development does not detract from the distinctive identity and setting of settlements, and avoids coalescence with other settlements within this Landscape Type;

• (b) The design and layout of new housing and business development should include appropriate native structure planting to soften urban edges and enhance the transition to the wider landscape;

• (c) Approach routes, key views, and gateways to settlements within these landscapes should be enhanced; (d) Linear development along roads from settlements that extends urbanising influences into the wider countryside should be avoided; (e) The use of local vernacular building styles and materials should be encouraged;

• (f) New farm buildings that would compromise the pattern and scale of farmsteads across the undulating Incised Slopes landscapes should be discouraged;

• (g) Care should be taken to minimise loss of hedgerows, sod banks, and other distinctive boundary features along road corridors;

• (h) Tourist-related development, such as camp-sites, should avoid visually prominent locations, particularly those which can be viewed from higher land and those which would extend urbanising influence along the coast;

• (i) Care should be taken to avoid the suburbanisation of river valleys and stream corridors;

• (j) Tall vertical telecommunications masts or structures which detract from the sloping landform or create visual clutter should be avoided."

The draft Area Plan goes on to identify a series of settlements within the south of the Island, including Ballakilpheric and Cronk-e-Dhooney and states:

"(c) Ballakilpheric/Cronk e Dhooney:

• (i) Description: Grouped quite compactly to the west and east of the still-active chapel are two collections of dwellings and farm buildings, some of which are comparatively modern. The group is some 1.5 km from the Colby main road, up a winding and sometimes narrow road. The sense of place arises largely from the chapel at the crossroads, but there are no other public facilities or amenities.

• (ii) Assessment: Whilst a small number of additional dwellings could be added without visual detriment to either the group or its setting, the group is not sustainable, is served by a poor access road, and is not distant enough from Colby to generate a valid local need for housing. Additional dwellings are not therefore proposed."

Also,

"4.8.15 Ballakilpheric/Cronk e Dhooney: The character of this group arises principally from the largely informal siting around the lanes which serve the dwellings, the farms, and the chapel. Changes to

30 November 2009

09/01737/B

the spaces between the buildings should be of informal character, avoiding extensive paving, kerbing, or inappropriate fencing."

The Plan includes a map of the settlement at Appendix 4 which defines the curtilage of the settlement. The existing stable is included within the settlement boundary, the extension will take the settlement slightly further - 6m - to the east.

Planning History

Planning permission has been sought for the following developments at this site: PA 06/0765 - Erection of a kennel facility with associated works and landscaping Status - Appeal Withdrawn 25th January 2007 PA 07/00010/B - Erection of two agricultural livestock buildings Status - Application Withdrawn 18th September 2007 PA 07/00260/B - Erection of a cattery Status - Refused at Appeal 16th August 2007 PA 07/00380/R - Retention of refurbishment works to existing outbuilding Status - Permitted 27th April 2007 Conditions

1. This permission relates to the refurbishment works which have been carried out to the existing outbuilding as shown and described in the photographs and plans reference PDC/S01 and -S02 all received on 27th February, 2007.
2. The farm workshop may be used only in conjunction with the operation of Robin Hill Farm and may not be used as a separate or commercial workshop.
3. There must be no discharge of surface water to the main foul sewer.

PA 09/00399/B - Alterations and erection of a two storey extension Status - Permitted 29th June 2009 Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This permission relates to the alterations and extensions as shown in drawings 1175/01, -03B, 04C all received on 10th March, 2009, 1175/05A received on 23rd June, 2009 and 1175-00 /A received on 24th June, 2009.
3. The alterations to the existing dwelling - the alterations to the existing windows and the roofing over the existing flat roof must all be undertaken as part of the extension to the dwelling and must be undertaken as shown in the approved drawings, within 6 months of the completion of the proposed extension.
4. The windows in the proposed extension must be installed and retained as shown in the approved drawings unless otherwise approved in writing by the Planning Authority.

PA 09/00503/B - Construction of a private equestrian manège Status -

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This permission relates to the creation of a manege and the use of the land shown in the submitted plans for the keeping of horses in addition to agricultural use of this land, as shown in drawings 09-J022-01 O and 09-J022-02 O both received on 23th March, 2009 and the location plan received on 12th May, 2009.
2. The manege may be used only by those horses kept on the land associated with Robinhill Farm as shown on the submitted location plan.

PA 09/01500/B - Conversion of existing disused barn into two holiday units Status - Permitted 16th November 2009 Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This permission relates to the conversion of the existing barn into tourist accommodation as shown in drawings 09/J067-01, -02 and -03 Rev 1 all received on 10th September, 2009.
3. The accommodation may be occupied only by bona fide tourists with no individual tenancy exceeding 4 consecutive weeks in duration.

In the last application, it was concluded that "The applicants has provided additional information about the building in response to the above policy. They state that the barn has not been used for agricultural purposes for some time and modern farming practices and the use of large bales and bulk feed preclude the use of the loft for such purposes and is presently being used for the storage of furniture owned by the applicant. Whilst there is no structural report, the applicant's agent states that the building is in good repair and there are minimal changes proposed which would or could reduce the structural stability of the building. A site visit confirmed the condition of the building. The building is also very close to the farmhouse and the road and not particularly close to the land on which the horses or animals would be grazed/exercised. Getting animals to and from the barn would not be the most convenient. It is proposed to use an existing gate beside the barn so that traffic associated with the holiday accommodation would not need to pass Sunnyside nor use much of the public footpath."

The Proposal

Proposed now is the demolition of the existing stables in the field to the east of the dwelling and the erection of new stabling of a larger footprint close to the site of the existing but extending the built footprint by 6 m to the east. The existing building is a timber structure which is visible from the Colby Glen Road to the east 850 m away and it sits alongside the hedge to the rear before it curves forward. To the immediate south of the existing stable is a manege in the making - an outdoor levelled area for horses to exercise in. To the west of the stables as one views the site from the Colby Glen Road, is the industrial style barn and to the north are Rose Cottage and Cronk-e-Dhooney Cottage, also visible from the Colby Glen Road.

The existing stable has a footprint of 3 m by 7 m : the proposal stabling will be L shaped and the same height as the existing but 3.8 m by 15 m with the existing stable block attached to the eastern end. There will be a loose box, tack room, corner box and feed store in addition to the two existing stables. The buildings are to be finished in dark coloured corrugated sheeting with timber walling and doors.

Representations

Department of Transport Highways and Traffic Division and Malew Parish Commissioners indicate that they do not oppose the application

Department of Transport Drainage Division recommend that a condition is attached to require that no surface water is discharged the main foul sewer. The application form states that the surface water

from the proposed stables will be discharged to the existing surface water drainage/field. There is no drainage shown to connect the stables to the main system which is uphill and some distance away. As such, the recommended condition is not considered necessary.

ASSESSMENT The new stable sits partly on the footprint of the existing stable building but is larger in area but no taller. Whilst the new stable will be partly outwith the settlement boundary as shown in the draft Area Plan, this settlement is defined at this point by the existing building, rather than any other natural feature. As such, this should not be a reason for refusal or a significant factor in the assessment of the application. The stabling is for private use in association with the occupation of Robin Hill Farm and as such will not result in any increase in the amount of traffic generated by the occupation of the premises.

The existing stabling has permission for conversion to tourist accommodation and in considering this application it was considered that the existing stone buildings were no longer suitable for use for stabling due to their location and configuration.

Due to their increased size, the new stabling will be marginally more visible from the Colby Glen Road but from the view from the adjacent residential properties will be little different from the existing impact.

As such, it is considered that the application is acceptable and should be permitted. PARTY STATUS The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 30.11.2009

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> O : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the relocation of the existing stables and construction of new stabling all as shown in drawings 09-J067-04(0), 09-J067-05(1), 09-J067-06(0), 09-J067-07(1) and 09-J067-08(0) all received on 22nd October, 2009.

C 3. The stables may be used only for the keeping of horses and associated feed and equipment, solely in association with the occupation of Robin Hill Farm and may not be leased, used or sold separately.

I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : December 2009

Signed : Senior Planning Officer