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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00986/B Applicant : Miss Yvonne Brown Proposal : Conversion of first floor outbuilding to additional living accommodation (Retrospective), lowering of an existing window sill, installation of roof lights and removal of front porches. Site Address : Reayrt Ny Marrey Ballabooie Road Peel Isle Of Man IM5 2AH
Planning Officer: Mr Paul Visigah Photo Taken : 07.10.2020 Site Visit : 07.10.2020 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 03.02.2021 __
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.
N 1. The approval hereby granted does not in any way serve as approval for the use of the former office (lean-to single storey corrugated extension) as additional accommodation.
This application has been recommended for approval for the following reason. Overall, the proposal is considered to accord with Housing Policy 11, General Policy 3, General Policy 2, Environment Policy 23, and Environment Policy 2 of the IOM Strategic Plan.
Plans/Drawings/Information; This approval relates to: o Drawing Nos. 20 1408/01, 20 1408/02, and 20 1408/03, date stamped and received 26 August 2020; and o Photographs and Letter from Agent date stamped and received 30 November 2020.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject
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matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Meadowcroft, Ballabooie Road, Peel
as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
1.0 THE SITE 1.1 The site is the residential curtilage of Reayrt-Ny-Marrey, Ballakaighen, Peel, located north of the winding Ballabooie Road which links the Staarvey Road with the Coast Road (A4) from Peel to Kirk Michael in the west of the Isle of Man. The property sits on a large plot set back from the highway which is accessed by a shared single track drive with neighbouring property Meadowcroft. The application site is bound and bordered by vegetation, this combined with the sod banks and hedgerows lining the nearby public highways it makes it difficult to see the property from the main road.
1.2 The property is isolated within the Manx countryside with only 4 properties in the nearby vicinity, Meadowcroft to the west approx. 40m away, Westerley to the south east approx. 65m away, Greengate Farm to the east approx. 90m away and Ballabooie Farm 135m away to the south. The property sits within the south-west corner of the site edged in red on the associated plans with the front elevation facing south-west and the rear elevation facing north-east up and over the rear garden.
1.3 Reayrt-Ny-Marrey comprises 3 parts; a traditional Manx vernacular two storey cottage sitting centrally between an adjoining lean-to single storey corrugated living unit on the western side elevation and an adjoining larger 2 storey barn on the east side elevation which comprises both residential living accommodation and an integral garage on the ground floor.
1.4 The lean-to unit is joining with but is accessed separately to the main cottage by two doors on the front elevation. The central Manx cottage has an access on the front elevation with a sitting room, bathroom and store on the ground floor, while the first floor has two bedrooms and a box room. The Manx cottage connects with the 2 storey barn on the ground floor via an existing entrance which leads to an existing kitchen and on the first floor via the lounge which is over the kitchen and garage. The lounge has a separate stair access and door on the south-east elevation.
1.5 In terms of visual appearance the existing property has a number of fenestrated elements on the front elevation which vary in size but all face south-west towards Peel and the coast. The windows on the main central cottage form symmetrically around the central front door, the three windows on the 2 storey barn are sporadic and consist of a large feature window at first floor level. The existing lean to structure has an existing flue on the front elevation and a mix match of large glazed windows, two glazed doors and a solid door. In contrast to the front elevation the entire rear elevation of the property has no fenestration and is built and finished in a solid stonewall construction.
2.0 THE PROPOSAL 2.1 The current application seeks approval for conversion of first floor outbuilding to additional living accommodation (Retrospective), lowering of an existing window sill, installation of roof lights, and removal of front porches. 2.2 The initial works would involve the lowering of the window sill of the window positioned over the garage on the barn element on the southwest (front) elevation. This work would
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increase the depth of the affected window from 800mm to 1.3m, but there would be no changes to the width. Also, eight roof lights will be installed on the roof of the barn with four on either roof pane. The rooflights will measure 550mm x 750mm.
2.3 The second element of the scheme would see the removal of the existing front porches on the front of the main dwelling and the barn. The applicants have provided additional information which indicates that the porches were erected to provide a weather break and that neither of these porches add any architectural merit to either the cottage or outbuilding, with the porches having the appearance of tacked on extensions and as such there removal would have a positive effect on the appearance of the property.
2.4 The final element of the scheme would involve the conversion of first floor outbuilding to additional living accommodation. This component is retrospective as the first floor of the barn is already being used as a living accommodation in conjunction with the other parts of the building and cottage, although there would be internal alterations to create a master bedroom, an ensuite and dressing area.
2.5 The proposed plans show the replacement of the other existing UPVC casement windows on the cottage and barn with 50/50 composite aluminium, UPVC or painted timber sliding sash windows, as well the replacement of the existing doors on the cottage and barn with composite aluminium, UPVC or painted timber units. Given that these elements of the proposed works can be carried out under Class 24 and 38 of the Permitted Development Order 2012, as none of the opening apertures are changing, their replacement will not form part of the assessment for the application. (Only the element of the scheme to lower a window cill and install a larger window on the first floor of the barn will be assessed with regard to windows).
2.6 The use of the former office (lean-to single storey corrugated extension) as additional living accommodation which is depicted on the submitted plans is not assessed as part of the current application even though it is currently being used for such purposes. As such, a condition specifying that this existing unlawful element of the property is not within the scope of the application would be included as part of any approval granted for the current proposal.
3.0 PLANNING POLICY 3.1 The site lies within an area designated on The Isle of Man Planning Scheme (Development Plan) Order 1982 as an area of High Landscape or Coastal Value and Scenic Significance. Due to the nature of the proposed works and the location of the site, the following polices of the IOM Strategic Plan are considered relevant in the assessment of the application.
3.2 General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
(b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
3.3 Environment Policy 2: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the
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character of the landscape will be the most important consideration unless it can be shown that:
(a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."
3.4 Whilst not strictly required given the land use designation of the application site being in the countryside, and in an area not designated for development or zoned for a particular purpose or use, the site has an established residential use and as such General Policy 2 which sets out a number of general standards towards development would be considered:
3.5 General Policy 2 states: "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; g) does not affect adversely the amenity of local residents or the character of the locality."
3.6 Housing Policy 15: "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)."
3.7 8.12.2 Extensions to properties in the countryside As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside. Care therefore, must be taken to control the size and form of extensions to property in the countryside. In the case of traditional properties, the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be acceptable where these destroy the existing character of the property. In the case of non-traditional properties, where these are of poor or unsympathetic appearance, extensions which would increase the impact of the property will generally not be acceptable. It may be preferable to consider the redevelopment of non-traditional dwellings or properties of poor form with buildings of a more traditional style and in these cases, the Department may consider an increase in size of the replacement property over and above the size of the building to be replaced, where improvements to the appearance of the property would justify this.
3.8 Paragraph 8.10 Conversion of Rural Buildings to Dwellings 8.10.1 Throughout the countryside, there are examples of buildings which are no longer suitable or needed for their originally intended use, but which are of sufficient quality or interest to warrant retention and re-use.
8.10.2 Conversion of such buildings into dwellings can make a useful contribution to the housing stock, ensure retention of our built heritage, and improve the appearance of what might otherwise become derelict fabric. The following policy is therefore appropriate:
3.9 Housing Policy 11: 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;
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(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 plan; 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 buildings of similar, or even identical, form. Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character.
3.10 Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours.
3.11 In addition to the above policies of the IOM Strategic Plan we may also consider three elements of Schedule 1 of the Town and Country Planning (Permitted Development) Order 2012 which indicates a number of development works which can be carried out within residential curtilages without planning (subject to conditions):
3.11.1 Class 24 Installation of replacement windows and doors "The installation of a window or an external door in an existing aperture in a dwellinghouse. Conditions: (a) no alteration may be made in the size, shape or position of the aperture; (b) no windows or doors may open over any part of the highway or boundary of the dwellinghouse; and (c) the dwellinghouse must not be located within a conservation area which is proposed in a published document."
3.11.2 Class 28 Roof-lights "The installation of a roof-light in the roof of a dwellinghouse or garage Conditions: (a) no more than 3 roof-lights are permitted on any roof slope in the roof of the dwellinghouse; and (b) no roof-light may exceed 1 square metre in size."
3.11.3 Class 38 Installation of replacement windows and doors The installation of a window or an external door in an existing aperture in a building other than a dwellinghouse. Exception: Operations within this class are not permitted if there is not in place an existing window or door. Conditions: (a) no alteration may be made in the size, shape or position of the aperture; and (b) no lights may open over any part of the highway.
3.12 Planning Circulars 1/98 Alteration and Replacement of Windows 3/91 the Guide for the Design of Residential Development in the countryside will provide additional guidance in the assessment of the proposed scheme. 3.12.1 Policy 1
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The removal or replacement of traditional elements including materials, windows or external works will generally not be acceptable. Works to buildings which date before 1920 should as far as practicable retain the original materials and form of the building.
3.12.2 Policy 5 Doors and windows together with their size and relationship with each other and the wall face should follow traditional rural forms.
3.12.3 Policy 7 Existing features are an essential part of the rural scene. New work should follow and respect past patterns.
4.0 PLANNING HISTORY 4.1 The application site has been the subject of three previous planning applications which are considered to be materially relevant to the current application.
4.2 Planning approval was granted for the installation of eight roof lights under 03/01620/B. This was approved in March 2004.
4.2.1 PA 03/01620/B was also approved showing the existing kitchen at ground floor level and the single storey lean to on the left hand side. The 8 roof lights approved in this application were never installed but it appears that a number of the other elements were actioned or already in place and regularised through the approval of the application.
4.3 PA 16/00595/B for alterations and erection of extension to dwelling. This was refused by the Planning Committee in December 2016 for the following reasons:
"The proposed roof terrace, by virtue of its size and position would adversely impact the privacy of neighbouring property Meadowcroft. As such, it is not considered to comply with (b) and (g) of The Isle of Man Strategic Plan 2016 General Policy 2.
Note: Whilst the application site is not within an area designated for a specific use or purpose, there are provisions set out in General Policy 2 which can be used in the determining of applications where by it sets out a number of general standards for development. "
4.3.1 The Planning Committee Addendum to the Officer's Report states thus: "Following the comments raised at the Planning Committee it was considered that the rear extension to the existing property was acceptable but the addition of a first floor roof terrace was not acceptable. The Planning Committee stated that the inclusion of the first floor roof terrace in this instance would be overbearing and would adversely impact the privacy of neighbouring property Meadowcroft.
For this reason it was considered that the application be refused."
4.4 The most recent planning application and the most relevant in the determination of the current application is PA 16/01400/B for the alterations and erection of an extension to the dwelling which was approved by Planning Committee in May 2017 but refused at appeal.
4.4.1 Key elements of the Inspectors report which are considered relevant to the current scheme include:
"67. The traditionally styled cottage and the barn are subject to the provision of HP15 that their alteration and extension should respect the proportion, form and appearance of the existing property. The existing main living accommodation, comprising the central cottage, is subject to the further requirement of Policy HP15 not to exceed, other than exceptionally, 50 per cent of the existing floor area, by external measurement.
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68. As for the barn, part of the ground floor is in long-established use as the kitchen to the main dwelling, and thus also subject to the full requirements of Policy HP15. However, the remainder of the ground floor of the barn is used as a garage and the upper floor has been fitted out as living accommodation, linked to the cottage. Nevertheless, the first floor has previously only been documented, in application PA 03/01620/B in 2003, as a workroom, connected to the garage by a stairway. The garaging of a vehicle in part of the building and the designation of a workroom linked to the garage are both reasonably to be regarded as inherent to the use as a barn. The residential use of the barn, apart from the kitchen, is not therefore established. To that extent, the barn remains subject also to HP11 on the conversion of rural buildings to dwellings.
There is no question that the traditional Manx barn is redundant for agriculture and capable of renovation as a dwelling, as well as being of architectural historic and social interest. Residential use would not, in principle, be incompatible with adjoining uses or land use zoning. In terms of HP11, therefore, the barn qualifies for conversion but, in order to comply fully with HP11, the development should re-establish the original appearance of the barn, using the same materials, and any extension should not lead to loss or reduction of its original interest or character. The building must also be provided with satisfactory services.
In addition to these policy requirements, new windows installed in the cottage and barn should retain its traditional style, in line with adopted planning guidance."
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 The Department of Infrastructure (DOI) Highways Division have indicated that there is 'No Highway Interest' in a letter dated 13 December 2020.
5.2 The German Parish Commissioners have not made any comments regarding the application, although they were consulted on 9 September and 12 December 2020.
5.3 The Owners/Occupiers of Meadowcroft, Ballabooie Road, Peel, have made the following comments regarding the application in a letter dated 6 October 2020:
We live at the nearest property to "Reayrt ny Marrey" and have adjoining garden boundaries. We have been involved in an appeal in respect of a previous application (16/01400/B) and would be grateful if you could treat us as an interested party. The matters of concern are set out as below. The plans note that windows and doors to existing stone buildings are to be replaced with composite aluminium/painted timber sliding sash units. The description as advertised appears incorrect as it does not refer to replacement windows/doors or the conversion of the barn to residential use. This is also contrary to planning circular 1/98 which states the position relating to replacement windows and doors in respect of pre 1920's buildings.
In a previous application regarding this property at appeal (AP17/0021) Mr B J Sims pointed out that Planning Circular C1/98 and C3/91 did apply to this property (Section 26 of the inspector's report).
Also, the advertised description does not cover the conversion of the barn to residential use as referred to within the inspector's report (AP 17/0021).
The plans submitted with the application are not to scale and therefore do not contain any detail regarding the proposed replacement windows and doors which need to be clearly shown,
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this is particularly relevant in view of the reasons for refusal of the previous application which stated "The development would fail to respect the proportion, form and appearance of the existing property".
We feel the application in its current form was incorrectly advertised and we believe should have been advertised as conversion of barn to residential use, replacement windows and doors, lowering of an existing window sill and installation of roof lights.
Regardless of the above, we are not in principal opposed to the conversion of the barn to residential use but should be grateful if you would consider the following:
There is no doubt that the upper floor of the barn represents a conversion, and this was not formerly used as part of the house, the lower level of the barn represents a previous conversion of the barn. The first floor of the barn was used for storage as many barns are and the only form of light was one small window and a door (now a window), this could not possibly have been used as living accommodation. It should be noted as a conversion as this may affect future applications for further extension.
The roof-lights on the first floor of the barn conversion are out of character and do not comply with planning circulars 3/91 or 1/98 which are still in force. We would suggest that there are too many roof lights in the application for what is going to be an en-suite bedroom. Perhaps they should only be in the rear of the building so as not to be viewed from the front aspect or any public highway as there already two windows at the front.
The application states the existing septic tank would be used but please refer to the previous application appeal (AP 7/0021) regarding the inspector's comments on this matter which is now still relevant. Other than C5 and possibly C6 that were appended to the inspector's report relating to the previous application (AP 17/0021) under PA 16/01400/B, the other conditions suggested by the Inspector are just as relevant to this application and if the Department is minded to approve the application, we feel these conditions should be applied particularly C7 which is still a concern. We are not convinced that the bathroom window needs to be enlarged and would respectively suggest the existing size is sufficient for a bathroom. Could obscured glass be stipulated as a condition?
5.3.1 There has been no further response from the Owners/occupiers of Meadowcroft, Ballabooie Road, Peel, even after the revised plans and additional information has been provided by the applicants to address the concerns raised.
6.0 ASSESSMENT 6.1 As well as the consideration of the individual policies which provide advice for the various elements of the scheme, it is important to consider the overall and cumulative impact of all the elements together, which would include:
(i) the principle of the conversion of the first floor of the barn to living accommodation (ii) the Visual impact on the existing property, the street scene , and the surrounding area (iii) the impact upon the amenities (overlooking, loss of light and over bearing impact) of the neighbouring properties and (iv) the impact on Residential amenities for future occupants. (v) impact on highway safety
6.2 The Principle of the development
6.2.1 The policies outlined in section 3 of this report are clear that proposals such as this are generally to be supported as an exception to the principle that there should be no development in the countryside. In this case, whilst there is a presumption against development in the
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countryside as outlined in General policy 3 and Environment Policy 1, provision is made for the conversion of redundant rural buildings which are of architectural, historic, or social value and interest within GP3 (b & c). This is further reinforced by Housing Policy 11 which sets out the criteria for the conversion of buildings in the countryside. It is also considered that the development would optimise the use of a redundant building (Strategic Policy 1), with the building still having sufficient quality or interest to warrant retention and re-use (Paragraph 8.10.1), in addition to the scheme ensuring the retention of the built heritage within the countryside (Paragraph 8.10.2).
6.2.2 The conversion of the first floor of the stone barn to residential accommodation; with the ground floor already serving as residential accommodation linked to the main cottage would comply with HP 11 in that it relates to a building of historic and architectural interest; a traditional Manx barn, which forms a congruent unit with an existing traditional stone cottage which both reflect the character of the Manx countryside which would be vital to retain. The existing building is being largely retained as is with minimal change to a window and there is only a very small physical alteration to appearance of the building (the lowering of the window cill of a first floor window on the southwest elevation of the barn).
6.2.3 The barn is evidently redundant (as indicated in the Inspectors Report for PA 16/01400/B which precedes the current application. It is also noted that the barn is externally amalgamated with the existing cottage with internal connections already existing on the ground and first floors; as evidenced in the long-established use of part of the ground floor as the kitchen for the main dwelling. From evidence gathered during the site visit on 7 October 2020, the barn appears to be structurally intact and capable of serving as a Master bedroom, ensuite and dressing for the main dwelling (uses which are not considered to be intensive). Therefore, there is no reason to assume its use for residential purposes would be incompatible with the adjoining residential uses. Moreover, its use as part of the main dwelling would not result in additional comings and goings given that it would be complementary to the residential use of the ground floor and the adjoining cottage. As well, there is nothing to indicate that the converted first floor of the barn could not be attached to the necessary services, either.
6.2.4 The retention of the majority of the window and door openings (save the single window with lowered cill), particularly on the front and side elevations which would be publicly viewable is to be strongly welcomed. This will help preserve the appearance and thereby character of the building.
6.2.5 In view of the above, it is considered that the principle of converting the first floor of the barn to residential accommodation is acceptable.
6.3 Visual Impact
6.3.1 Paragraph 8.10.2 provides appropriate criteria for the conversion of such buildings into dwellings, stating that such proposed uses should ensure retention of our built heritage, and improve the appearance of what might otherwise become derelict fabric. The barn itself, which is the subject of this application doesn't appear to have been significantly altered, as the only altered element would involve the lowering of the window cill of a window on the front elevation of the barn which would not have detrimental impacts on the character of the property. This change is considered to be relatively modest and not judged to cause harm to the appearance of the building or the character and quality of the area.
6.3.2 The installation of the front and rear conservation styled rooflights on the roof of the barn are also considered appropriate given their design, size (550mm x 750mm), proportionate distribution on the roof pane, and also as they are common features within the locality given that a number of the neighbouring residential and agricultural buildings have similar and larger rooflights installed on them. It is also considered that the use of the rooflights to improve lighting for the first floor of the converted barn is considered fitting as it would improve the
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energy efficiency within the new accommodation (as the barn can be used during most parts of the day without the need for artificial lighting) without compromising the character of the building given that no new apertures would be created to improve lighting to this part of the property; noting there are no window openings to the rear of this group of buildings. Moreover, approval has previously been granted for the installation of eight rooflights on the dwelling under PA 03/01620/B.
6.3.3 Similarly, the removal of the front porches are not considered to be detrimental to the character of the cottage and barn given that they are not the original (traditional) porches which comes with such buildings. Besides, the removal of the porches would reinstate the traditional character of the property as porches are not a common feature in traditional rural housing. Whilst the site is situated such that there would be views from a neighbouring dwelling, these changes would be in keeping with the property and the surrounding area. Besides, the scale of this change would remain subservient to the host building and would be considered appropriate when read within the context of its built form and as such deemed acceptable.
6.3.4 In considering the impact on the surrounding area, it is noted that the proposal would retain the existing built fabric for this rural building, with the alterations improving its appearance and functionality, as well as its energy saving capacity, and as such complies with section 8.10 of the Strategic Plan on the Conversion of Rural Buildings to Dwellings and GP2 (c & g). The scheme would also not harm the character and quality of the surrounding landscape and as such would comply with Environment Policy 2 of the Strategic Plan.
6.4 Impact on neighbours 6.4.1 Environment Policy 23 weighs up the impact of proposals on neighbours by asserting that consideration is given to the potential adverse impact of changes to existing neighbours when making improvements to existing facilities. In this case, it is noted that the closest dwelling to the application site 'Meadowcroft', which is situated south-west and positioned such that there would be no impacts on residential amenity. Whilst the comments related to the use of obscure glazing for the first floor window on the barn to be lengthened is noted, it is considered that this window is positioned more than 40m from 'Meadowcroft' and as such cannot result in the loss of privacy for the neighbouring dwelling. Moreover, the window would serve a non-habitable room (ensuite) where use would be highly infrequent. As such, it is considered that there would be no detrimental impact on the neighbours and the request to retain the window as existing or for the use of obscure glazing would not be appropriate in this case.
6.5 Residential amenities for future occupant 6.5.1 Regarding the internal accommodation of the proposed barn conversion, it is considered that the internal accommodation would be of an acceptable size, and the primary room would have adequate level of outlook and light. It is also worth noting that due to the property's location, views from the front and from the dwelling itself would be over fields to the south, although with restrained views over 'Meadowcroft' due to the topography of the area and nature of boundary treatment. In addition, the conversion would allow for the provision of improved facilities (such as the ensuite for the master bedroom) which would better serve the occupant considering that the only bathroom is situated on the ground floor, without increasing the occupancy rate to detrimental levels. As well, the amenity provisions in the form of garden spaces and parking and turning provisions would be sufficient for the proposed occupancy.
6.6 Parking and highway safety 6.6.1 General Policy 2 (h) and (i) requires that there be no unacceptable implications in terms of highway safety resulting from developments. The proposed changes to the existing property would not result in alterations to the existing site layout; with the works retaining the existing parking and turning areas on site. Therefore, the proposal is considered to comply with GP 2 (h & i).
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6.7 Other Matters 6.7.1 Whilst the comments related to the septic tank serving the property is noted, the current application is considerably different from that proposed under PA 16/01400/B as it does not propose increasing the footprint of the building as previously proposed. Also, this scheme would only result in the creation of an additional habitable room which is meagre when compared with that proposed under PA 16/01400/B as such is not considered to result in detrimental impacts on amenity and existing services. Besides, matters related to the capacity of septic tanks are the subject of 'Building Control Regulations' as reiterated by the Planning Inspector at appeal (AP17/0021), and as such would be better addressed under such controls.
6.7.2 With regard to the comments related to the rooflights, this issue has already been addressed in section 6.3 of this report which sets clear the assessments regarding this element of the scheme. It would also be vital to state that the replacement of the windows and doors are not part of the current scheme (as proposed under PA 16/01400/B) given that they would be replaced under Class 24 (Installation of replacement windows and doors in a dwellinghouse) and Class 38 (Installation of replacement windows and doors in a building other than a dwellinghouse) of the Permitted Development Order 2012, and that the revised scheme was submitted to address concerns raised by the neighbour.
6.7.3 Although the proposal description only includes the conversion of first floor outbuilding (barn) to additional living accommodation (Retrospective), lowering of an existing window sill, installation of roof lights, and removal of front porches, the Survey drawing and Proposed plan (20 1408/02 and 20 1408/03) which accompanies the application shows the former office (lean-to single storey corrugated extension) as living accommodation. Therefore, given that the applicants had clearly indicated during interactions on the scheme (held 25 November) that approval for the conversion of the former office would be sought via a later application, it is noted that the current scheme does not seek to make formal the use of this part of the existing building fabric as additional accommodation. As such, a note would be included to clarify that this is not part of the current scheme.
7.0 RECOMMENDATION 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle of Man Strategic Plan, and as such it is recommended that the application be approved.
8.0 INTERESTED PERSON STATUS 8.1 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.
8.2 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
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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 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
Decision Made : Permitted Date : 04.02.2021
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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