Officer Report

Application No.: 15/01019/C Applicant: Mrs Alison Boal Proposal: Change of use of existing outbuildings to provide ancillary living accommodation Site Address: Outbuildings At Ballavoddan Phildraw Road Ballasalla Isle Of Man IM9 3EG Case Officer : Miss Abigail Morgan Site Visit: 07.10.2015 Expected Decision Level: Officer Delegation

Officer’s Report

- 1.0 THE SITE

1.0 The site represents the domestic curtilage of an existing dwelling situated on the eastern side of the Phildraw Road (A34) to the north west of Ballasalla. The site accommodates an existing dwelling and two outbuildings, one to the north and the other to the south. This application relates to the one to the north. - 2.0 THE PROPOSAL

2.1 The proposal is the change of use of the traditional stone barn/outbuilding to provide ancillary accommodation to the main dwelling. There are to be no external alterations. Internal alterations are proposed to facilitate the change of use. - 3.0 PLANNING HISTORY

3.1 The following applications have been submitted in respect of this site:

• o PA 89/1993 - extension to barn - permitted
• o PA 93/1422 - creation of new gateway and driveway - permitted
• o PA 00/1168 - erection of a conservatory - refused
• o PA 00/1948 - erection of a conservatory - permitted
• o PA 06/1244 - replacement of windows - permitted
• o 06/01334/B - Erection of a garage extension - permitted

- 4.0 PLANNING STATUS

4.1 The application site is within an area zoned as "Proposed Low Density Housing in Parkland" identified on the Area Plan for the South 2013. This type of housing development is the subject of Planning Circular 8/89 - Low Density Housing in Parkland which states that all trees within such areas are deemed to be Registered. Development within such areas must take the form of substantial dwellings, designed and finished to the highest quality and each dwellings being sited in at least 1 acre of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees. Satisfactory access and provision of services is also required and any application for such development must include a detailed and accurate survey of all existing trees on site.

4.2 The application is for the change of use only and there are no specific policies within the Strategic Plan. The points raised under General Policy 2 are general considerations taken into account in the assessment of a development and are considered to be most relevant. - 4.3 General Policy 2 Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• c) does not affect adversely the character of the surrounding landscape or townscape;

• f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• g) does not affect adversely the amenity of local residents or the character of the locality;
• h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space..

- 5.0 REPRESENTATIONS

5.1 DOI Highways do not oppose the application. 24.09.2015.

5.2 Malew Parish Commissioners have no objection to the proposal. 09.10.2015. - 6.0 ASSESSMENT

6.1 As there are no external changes proposed it is considered that there is no adverse visual impact from the proposal.

6.2 The barn is two storey of Manx stone construction. It is at the northern part of Ballavoddan curtilage adjacent to the main access gate. The main openings in the barn are on the elevations facing towards Ballavoddan. The submitted structural report concludes that the 'building is robust and suitable for conversion to habitable use'.

6.3 The scheme is considered acceptable although the application describes the proposed accommodation as being ancillary, the barn is detached and is of a reasonable size and could be occupied completely independently of the main house. It would have a lounge and kitchen area and two bedrooms and a bathroom as a minimum. Given the physical proximity between the barn, the access, the garage for main house and the amenity space it would be inappropriate for the dwelling to be entirely independent. - 6.4 Conditions and notes should be attached to ensure that it is understood that the approval is granted on the basis of the conversion of the existing fabric and no approval is granted or implied to the rebuilding of any fabric nor should the barn be occupied independently. - 6.5 As a result, it is concluded that the planning application does not conflict with General Policy 2 (b), (c) or (g) of the Isle of Man Strategic Plan 2007.

- 7.0 RECOMMENDATION

7.1 The application is recommended for approval, subject to conditions. - 8.0 PARTY STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;

• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 06.11.2015 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The building shall not be occupied at any time other than for purposes incidental to the residential use of the dwelling known as Ballavoddan and shall not be occupied as an independent dwelling unit.

Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.

This approval relates to drawing nos P02 and P03 and Photographs all date stamped as being received on 9 September 2015, Structural Engineers Report date stamped as received 29 September 2015 and drawing no P01 Rev A , Photographs and Supporting Letter all date stamped as received 20 October 2015.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 07.11.2015 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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