Officer Planning Report

Application No.: 09/01901/C Applicant: Trevor Roberts Proposal: - Variation of condition 3 of approved agricultural dwelling (01/00677B) to allow use as a separate unit of residential accommodation Site Address: - Swallow Beg - Gibdale Farm - Bayrauyr Road - St Marks - Ballasalla - Isle Of Man - IM9 3AT --- ### Considerations Case Officer: Miss S E Corlett Photo Taken: ______________________ Site Visit: ______________________ Expected Decision Level: Planning Committee --- ### Written Representations --- ### Consultations Consultee: Highways Division Notes: Do not oppose has no traffic management, parking or road safety implications. Consultee: Malew Parish Commissioners Notes:** Object ---

Officer's Report

This application is recommended for consideration by the Planning Committee rather than being considered under delegated powers as the proposal is not a householder proposal and is being recommended for refusal by the local authority.

The Site

The site defined in red on the site plan represents the footprint of an existing building which was formerly a barn and which was converted, with planning permission to living accommodation. The building sits within a group currently comprising a traditional cottage which has been extended in a rather unfortunately modern and incongruous style, and two garages.

Access to this group is via a long farm lane, approximately 200m to the north of the Bayrauyr (B30).

There is a farm building to the north west of the lane which is still associated with the holding, and a cottage which has recently been renovated, to the north west of the barn, which has been sold off.

Planning Status

20 January 2010 09/01901/C Page 1 of 6

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 lies within an area of landscape referred to as Incised Slopes and contains the following advice:

"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 Planning Policy Statement 2/09 - The Role of Landscape Character in Development 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:-

• 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;

• 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;

• Approach routes, key views, and gateways to settlements within these landscapes should be enhanced;

• Linear development along roads from settlements that extends urbanising influences into the wider countryside should be avoided;

• The use of local vernacular building styles and materials should be encouraged;

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

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

• 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;

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

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

PLANNING HISTORY

The planning history of this site is rather complicated:

PA 90/01327/B - Alterations and extensions, Gibdale, Ballamodha, Malew. Status - Permitted PA 01/00677/B - Conversion of agricultural building to agricultural dwelling Status - Permitted - 6th September 2001

Conditions

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

1. The exterior stonework must be of a traditional nature.

NOTE: Split stone on a backing render is not acceptable as an external finish.

20 January 2010

09/01901/C

1. The building may be occupied in association with Gibdale Farm only and not as a separate unit of residential accommodation.
2. The craft workshop/garage may be used for purposes incidental to the enjoyment of the dwelling house only and not for any commercial activity or business.

This application refers to the barn which is the subject of this current application, PA 09/1901. PA 02/01446/B - Installation of windows (Amendment to those previously approved PA 01/677/B), Status - Permitted - 12th December 2002 Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to drawing numbers 57.3 .01 and 56.2 .01 Rev D.
3. No approval is hereby granted or implied to the replacement of a window with French doors to the side elevation, and amendments to the design of the proposed conservatory which must form the basis of a further application.
4. For the avoidance of doubt, no approval is granted or implied for the installation of U-pvc doors.

PA 04/01462/B - Removal of an agricultural worker's occupancy condition on bungalow approved under 84/00136B Status - Refused at Appeal - 22nd May 2006 PA 06/00256/B - Erection of an agricultural building Status - Permitted - 5th May 2006 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 erection of an agricultural building as shown in drawings 3259-01 and 00256/1 received on 14th February, 2006.
3. The building must be used only for agricultural purposes.
4. The building must be finished in dark brown or dark green sheeting unless otherwise approved by the Planning Authority.

PA 08/00574/B - Erection of replacement dwelling and garage Status - Refused at Appeal - 25th February 2009 PA 09/00703/B - Erection of a replacement agricultural worker's dwelling Status - permitted 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 erection of a replacement dwelling as shown in drawings 931.10, 931.11, 931.12, 0801C and the site and location plans all received on 28th April, 2009.

1. The existing dwelling must be demolished within one month of the new dwelling becoming available for occupation, and all material removed from site and the site of the buildings planted or seeded.
2. The dwelling may be occupied only by a person or persons engaged or last engaged solely in agriculture; or a widow or widower of such a person, or any resident dependants.
3. The windows in the dwelling must be installed as shown in the approved plans and retained as such unless otherwise approved in writing by the Planning Authority.

Essentially, the conversion of the barn to living accommodation was permitted in 2001 where the occupation of the unit was tied to that of the main farmhouse although the two buildings are not physically connected. Since then planning permission has been granted for the re-development of the farmhouse to a new location to the south of the existing siting. The new house is slightly further away from the barn than is the existing dwelling, but not significantly so and the two buildings are still within 40 m of each other. The new dwelling is much more traditional and attractive in appearance and design than the existing and only larger in floor area.

The barn has two floors of accommodation - on the ground floor there is a living room, dining room, kitchen and sun lounge with an integral garage; upstairs there is a bathroom and three bedrooms.

The Proposal

Proposed is the removal of the condition which ties the accommodation in the barn to that of the main dwelling. The applicant explains that once the new building is erected, they will move into this and the barn - Swallow Beg, where they have been living, will be vacant. They clarify that the farm holding is only 60 acres - relatively small in terms of agricultural viability, 21 acres of which are woodland and/or bog. They lease some of the land to another farmer and have taken crops of hay from the land. They consider that the area can be run by one family and there is no need for a further dwelling.

They also suggest that were the barn to be the subject of an application for conversion at the present time, it would comply with the provisions of Housing Policy 11 of the Strategic Plan which states:

Conversion of existing rural buildings into dwellings may be permitted but only where, a) redundancy for the original use can be established; b) the building is substantially intact and structurally capable of renovation; c) the building is of architectural, historic or social interest; d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building; e) residential use would not be incompatible with adjoining established uses or, where appropriate land use zonings on the area plans; and f) the building is or can be provided with satisfactory services without unreasonable public expenditure.

Such conversion must: a) where practicable and desirable, re-establish the original appearance of the building; and b) use the same materials as those in the existing building.

Permission will not be given for the rebuilding of ruins or the erection of replacement building of similar, or even identical form.

Further extension of converted buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character.

Malew Parish Commissioners object to the application, suggesting that the dwelling is an agricultural one and should be tied to the farm.

Department of Transport Highways and Traffic Division raise no objection to the application.

Assessment

The property is an existing one and the proposal will not bring about any physical change to the appearance of the building. The original application which proposed the conversion of the building to living accommodation, proposed the change to an agricultural use associated with the occupation of the main house. PA 01/0677 proposed the conversion of the barn to a cottage and was submitted by a Miss MacRae who lived in the UK and who wished her farm worker to live in the barn. Some time later, in 2004 a letter from Dickinson, Cruickshank \& Co confirmed that it was their client's intention that the main dwelling and the converted barn would be occupied by a mother and daughter who would own and farm the land jointly. It is not thought that this client went ahead with the purchase and the land and buildings were purchased by the current applicant.

If the application to convert the barn were considered today, the provisions of Housing Policy 11 could be applied successfully to the property and it is doubtful that a condition would have been applied to tie the occupancy either to agriculture or to the occupation of the main house. The barn is not a small building and could be occupied without reliance upon facilities or amenities available only to the main farm dwelling. The farm holding is modest and a sizeable amount is not commercially viable - it is doubted that the land would support a single full-time worker, never mind two separate households. There is sufficient separation between the new dwelling and the barn to accommodate separate occupation of each dwelling and the access and lane are suitable for the traffic generated by two separate households - this access is also shared by the farm traffic and that to the renovated cottage to the north east. In the same vein, had the 2001 application not proposed to tie the converted barn to the farmhouse, it is highly likely that no such tie would have been applied.

It is considered that the proposal does not contravene current planning policy and there would be no harm arising from the proposal and as such it is recommended for approval.

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: 20.01.2010

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.

This permission relates to the removal of condition 3 of the approval for the conversion of the barn to living accommodation with the effect that it may be occupied as private residential accommodation not necessarily associated with the main dwelling on the site - presently Gibdale Farm and potentially to be the new dwelling approved under PA 09/0703.

C 2. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : Committee Meeting Date :

Signed : Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO