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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/01316/B Applicant : Mr Tim & Mrs Jane Foster Proposal : Conversion of rear extension from residential use (class 3.3) to tourist accommodation (class 3.6) Site Address : Elgin Jacks Lane Port E Vullen Ramsey Isle Of Man IM7 1AW
Planning Officer: Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 28.01.2021 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposal is considered to fail the redundancy test, is not of sufficient quality or interest to warrant retention and re-use and therefore is considered contrary to Strategic Policy 8, Business Policy 11, 12 & 14, and Environment Policy 16 of the Strategic Plan. Similarly as the proposal fails to satisfy those aforementioned policies the proposal would also be contrary to Environmental Policy 1 and 2 of the Strategic Plan. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE 1.1 The application site is a rear extension within the residential curtilage of Elgin, Jacks Lane, Port E Vullen, Maughold which is a traditional detached dwelling situated with a small cluster of dwelling to the south east of the main village.
1.2 The extension received planning permission in 2013.
THE PROPOSAL 2.1 The current planning application seeks approval to change the use of the rear extension from residential to tourist. There are also alterations such as the creation of a door to the north
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west elevation and the installation of a doorway between the main property and the tourist unit, also included is a kitchen, all of which will create a self contained unit
PLANNING HISTORY 3.1 There are several applications on the site of which the rear extension was approved under PA13/90966/B which was for "Alterations and erection of extension to dwelling" and was Permitted.
3.2 There was a condition on the above application which stated, "The extension hereby approved shall not be used other than as accommodation incidential to the habitable use of the existing house and shall not be occupied as a seperate or independent planning unit."
PLANNING POLICY 4.1 The site lies within an area zoned as "no designated for development" and an "Area of high Landscape or Costal Value and Scenic Significance," and an "Area of Private Woodland or Parkland," on the 1982 Development Plan, North Map.
4.2 When looking at strategic plan policy the Isle of Man Strategic Plan 2016 contains the following policies which are relevant to the application General Policy 3, Environment Policy 1, Strategic Policy 8, Environment Policy 16, Business Policy 11, 12 & 14 and Transport Policy 4.
4.3 General Policy 3 of the Isle of Man Strategic Policy 2016 states, "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (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; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for
4.4 Environment Policy 1 of the Isle of Man Strategic Plan 2016 states, "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
4.5 Strategic Policy 8 of the Isle of Man Strategic Plan 2016 states, "Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man-made attractions."
4.6 Environment Policy 16 of the Isle of Man Strategic Plan 2016 states, "The use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use may be permitted where:
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a) it is demonstrated that the building is no longer required for its original purpose and where the building is substantially intact and structurally capable of renovation; b) the reuse of the building will result in the preservation of fabric which is of historic, architectural, or social interest or is otherwise of visual attraction; c) it is demonstrated that the building could accommodate the new use without requiring extension or adverse change to appearance or character; d) there would not be unacceptable implications in terms of traffic generation; e) conversion does not lead to dispersal of activity on such a scale as to prejudice the vitality and viability of existing town and village services; and f) the use of existing buildings involves significant levels of redevelopment to accommodate the new use, the benefits secured by the proposal in terms of impact on the environment and the rural economy shall outweigh the continued impact of retaining the existing buildings on site."
4.7 Business Policy 11 of the Isle of Man Strategic Plan 2016, "Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted."
4.8 Business Policy 12 of the Isle of Man Strategic Plan 2016 states, "Permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10. - Housing Policy 11."
4.9 Business Policy 14 of the Isle of Man Strategic Plan 2016 states, "Tourism development may be permitted in rural areas provided that it complies with the policies in the Plan. Farmhouse accommodation or quality self-catering units in barn conversions and making use of rural activities will be encouraged but must comply with General Policy 3 and Business Policies 11 and 12. Other forms of quality accommodation in rural areas will be considered, including the provision of hostels and similar accommodation suitable for walkers but must comply with General Policy 3 and Business Policies 11 and 12."
4.10 Transport Policy 4 of the Isle of Man Strategic Plan 2016 states, "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
REPRESENTATIONS 5.1 Highway Services have considered the application and note the following, "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking. " (04.12.20).
5.2 No comments have been received from Garff Commissioners at the time of writing this report. (17.07.20)
ASSESSMENT 6.1 The fundamental issue to consider in the assessment of this application is whether the proposal complies with the relevant policies of the Strategic Plan, including those which are restrictive of development in the countryside outside of areas zoned for development.
6.2 There is an underlying element to the strategic policies lined out in part 4 of this application which are relevant to the conversion of rural building to tourist use which must be taken into the account. When looking at the Strategic Policies this is that the proposed buildings must be redundant.
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6.3 Housing Policy 11 states that within rural areas "there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted." Within Environment Policy 16 it states that a building either needs to be no longer required for its existing use, as in redundant or the property needs to be of historic relevance.
6.4 Business Policy 12 in line with the policies above provides that permission will generally be given for the conversion of "redundant buildings" in the countryside to tourist use, subject to compliance with paragraph 8.10, Housing Policy 11 and Environment Policy 16 of the Strategic Plan. Business Policy 14 provides that tourism development may be permitted in rural areas, but requires compliance with other Strategic Plan policies, including specific cross-references to Business Policy 12, and through that policy to Housing Policy 11. As a result, whilst Housing Policy 11 relates to conversions into dwellings, by virtue of Business Policy 12 it also applies to conversions to tourist uses. Amongst the requirement of Housing Policy 11 is that redundancy for the original use can be established. This is also the case with Environment Policy 16.
6.5 With the above in mind and when turning to the proposal, there has been nothing provided with the application which would state that the additional living space is redundant from its use and as this part of the property is a modern extension (approved in 2013) it cannot be said to be of historic, architectural or social interests to warrant preserving through conversion to tourist accommodation and as such would fail the test of Environment Policy 16 which in turn would be contrary to Business Policy 11, 12 and 14 of the Strategic Plan.
6.6 The Department is concerned with the potential for incremental development in the countryside undermining policies that seek to protect it. If it is accepted that there will be additional comings and goings by people not associated with the primary dwelling, it may be hard to resist the accommodation being rented out for long term lets, which is effectively a separate unit of accommodation. The policies in the Strategic Plan aim to provide for a sustainable island, directing development to town centres. Providing for tourist accommodation in a modern build is not sustainable nor is the built fabric of interest and quality as prescribed by Strategic Policy 8.
CONCLUSION 7.1 On balance, it is considered the proposal would fail the redundancy test, is not of sufficient quality or interest to warrant retention and re-use and therefore is considered contrary to Strategic Policy 8, Business Policy 11, 12 & 14, and Environment Policy 16 of the Strategic Plan. Similarly as the proposal fails to satisfy those aforementioned policies the proposal would be contrary to Environmental Policy 1 and 2 of the strategic plan.
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:
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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 __
I can confirm that this decision has been made by a Principal Planner 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 : Refused Date: 01.02.2021
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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