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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 21/00904/B Applicant : Mr Tim & Mrs Justine Shepherd Proposal Conversion of barn to provide garaging, storage, space for the running of a business and ancillary living accommodation Site Address Ballamoar Farm Doarlish Ard Foxdale Isle Of Man IM4 3BH
Case Officer :
Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 08.03.2022
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.
C 2. The garage hereby approved shall at all times be made available for use by 'Ballamoar Farm' as a dwellinghouse.
Reason: The application has been assessed on this specific basis as a required garage space for use by the main house.
C 3. The living accommodation in the garage outbuilding hereby approved shall be used only for purposes incidental to the enjoyment of 'Ballamoar Farm' as a dwellinghouse. No separate curtilage shall be formed and the residential annexe shall at no time be used as an independent dwellinghouse.
Reason: The application has been assessed only in terms of this restricted use and any other use may have an adverse effect on the character and amenity of the area contrary to relevant Polices in the Strategic Plan 2016 and its use as an independent residential unit would not comply with the Strategic Plan 2016 policies regarding new residential development in the countryside.
C 4. There shall be no more than 10 tutoring customers to the site per week.
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Reason: In the interest of highway safety and minded of the sustainability objectives of the IOM Strategic Plan 2016.
C 5. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the office space hereby approved shall only be used as a home office and for home tutoring and for no other purposes in Class 1.2 or 1.4 of the Order at any time.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.
C 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken in accordance with Class 16 Fences, walls or gates of Schedule 1 of the Order at any time.
Reason: To control future development on the site and prevent any separation of the site.
This application has been recommended for approval for the following reason. Subject to suitably worded conditions relating to the use of the home office, restricting callers to the site, ensuring that the garage remains for use by the main house, and that the ancillary accommodation remains for uses incidental to the main house only and not subdivided or separated at any time, that the proposal is considered to be acceptable and would comply with Strategic Policy 1, Environment Policy 1 and Business Policy 1 and would meet with the principles of Environment Policy 16 and Housing Policy 11.
Plans/Drawings/Information;
This approval relates to the following all date received 05/08/2021: o Drawing number 21 1524 02 o Drawing number 21 1524 03 o Supporting letter from applicant o Covering letter from agent o Photographs numbers 1-8
The approval also relates to the following date received 10/11/2021: o Drawing number 21 1524 01 Rev A
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL MAY BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL
1.0 THE SITE 1.1 The application site represents the residential curtilage of Ballamoar Farm, Doarlish Ard, Foxdale an existing detached traditional styled dwelling situated west of the main A3 road running through Foxdale and south of Lower Gleneedle. The dwelling is not visible from the A3 but can be seen from the end of the access road (which also serves a number of neighbouring
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dwellings), from public footpath No. 433 which runs south of the site and joining with the main road in the centre of the village and from the adjacent side of the Foxdale valley and at junctions with Kionslieau Hill and Mines Road.
1.2 Opposite the dwelling and on the south side of the driveway hardstanding sits an existing brick built agricultural building finished with a sheet metal roof.
1.3 The building measures approx. 18m long x 9m wide and around 2.4m to eaves and 4.2m central ridge.
1.4 Information submitted with the application indicates it is currently used by the occupants of the main house for additional general domestic storage/garaging.
2.0 THE PROPOSAL 2.1 The current application seeks approval for the conversion of the outbuilding to provide a mixed use building comprising domestic storage and garaging, the creation of a home office and the creation of a self-contained one bedroomed living space.
2.2 Application details indicate that the home office is to provide space for the applicant to run their home tutoring business with both online and face to face clients calling at the site.
2.3 The living accommodation is to be for used by the applicant's elderly parents.
2.4 The conversion works also comprise a number of external alterations to facilitate the changes, these works include the installation of new windows and doors, installation of external insulation and timber cladding system and a new metal profile roof system. A raised deck is also proposed around the building.
2.5 The gable end of the building nearest the main house is to house the garaging and storage and is to be installed with large access door opening onto a hardstanding area linked to the main driveway.
3.0 PLANNING HISTORY 3.1 The main house has been subject to four previous applications for alterations and extensions including changes to a utility and front porch area, and the addition of a sunroom. None of these are considered materially relevant to the current application and there have been no applications made since 2013.
4.0 PLANNING STATUS 4.1 The application site is not designated for development on the 1982 Development Order Plan and Foxdale Local Plan. The site is not recognised as being at any flood risk nor is it within a Conservation Area. Given the location of the site and the nature of the works proposed including change of use to an educational tutoring space and a living unit it is necessary to have regard to the those policies of the Strategic Plan 2016 that seek to direct new development to existing town centres or to land designated for such purposes in line with the spatial hierarchy (Strategic Policies 2, 6 and 9 and Spatial Policy 3), making best use of underused buildings, that proposals make a positive contribution to their setting and environment and by integrating with existing infrastructure network links (Strategic Policies 1, 5 and 10), that conversions to existing rural buildings meet with the exceptional development criteria (Housing Policy 11) and that the countryside is protected for its own sake (Environment Policy 1).
4.2 Strategic Policy 1 - development should be located to make best use of previously developed land, redundant and underused buildings, utilising existing infrastructure and taking into account landscaping and amenity standards;
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4.3 Strategic Policy 2 - focus new development in existing settlements or in appropriate extensions. Only allowed in countryside if complies with GP3;
4.4 Strategic Policy 5: development should be designed to make a positive contribution to the Island and should be provided with a design statement
4.5 Strategic Policy 6: Major employment-generating development should be located in existing centres on land zoned for such purposes.
4.7 Strategic Policy 9 - new retail and office development must be on land designated for such use and in town/village centres whilst taking into consideration Business Policies 7 and 8, with exception to neighbourhood shops and those instances referenced in Business Policy 5.
4.8 Strategic Policy 10: Development should promote a more integrated transport network; minimising journeys, especially by private car; make best use of public transport; not adversely affect highway safety for all users, and encourage pedestrian movement.
4.9 Spatial Policy 3: identifies Foxdale as a Service Village and outlines that area plans will define village boundaries so as to maintain appropriate employment and housing, the latter housing which is to be provided based on local need.
4.10 Environment Policy 1: The countryside will be protected for its own sake. Countryside is all land outside the settlements or which is not designated. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need.
4.11 General Policy 3: Exceptions to development in the countryside including agricultural workers dwellings, agricultural or forestry development, conversion of rural buildings, redevelopment of previously developed land, replacement dwellings, development essential for mineral workings, development of overriding national need and buildings for the interpretation of the countryside, wildlife or heritage.
4.12 Environment Policy 16: The use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use but only where considered original use is redundant, it's structurally capable of renovation and of notable interest to warrant conversion, is large enough to form a satisfactory dwelling and would not be incompatible with adjacent uses and that it can be provided with necessary services.
4.13 Housing Policy 11: Conversion of existing rural buildings into dwellings may be permitted, but only where; they're original use is redundant, it's structurally capable of renovation and of notable interest to warrant conversion, is large enough to form a satisfactory dwelling and would not be incompatible with adjacent uses and that it can be provided with necessary services.
4.14 Business Policy 7: Offices should be located within town and village centres on land designated, only exceptionally will permission be given on approved Business Parks for Corporate Headquarters where there are no day to day callers; or in buildings of special interest where office use represents the only or most appropriate way of securing future use, renovation and maintenance.
4.15 Business Policy 8: New office buildings should respect the scale and character of adjoining and nearby buildings and should be provided with suitable parking provision.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
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5.1 Patrick Commissioners - confirmed NO OBJECTION to original scheme (date stamped 17/09/2021) and no further comments to make on the recirculation of the revised red line plans (20/12/2021)
5.2 The Department of Infrastructure Highway Services - do not oppose (26/08/23021 and 16/11/2021).
6.0 ASSESSMENT 6.1 The application seeks approval for the conversion and alteration of an existing underused outbuilding into a building comprising a mix of uses including a garage and storage area for use by the main house, a small home office with additional use as a home tutoring business and the creation of a small living unit for relatives. The assessment of such a proposal falls to its acceptability in principle not only in terms of its re-use for garaging for the main house but also its home business use and ancillary accommodation, and whether or not the physical works would have an acceptable visual and amenity impact.
6.2 Policies against which the principle should be assessed make it quite clear that any new development particularly offices or residential development should be directed to land designated for such uses and should be within those existing settlement boundaries listed in Appendix 3 and the spatial hierarchy. It also states that only existing rural buildings of that are of special interest should be converted for alternative uses.
6.3 The site is not designated for any use and falls outside of the centre of Foxdale. The building is an old brick built structure and perhaps not of any immediate or identified special interest to necessarily warrant its retention or conversion. It is explained in supporting statements that the use of the outbuilding became redundant when the farm ceased its agricultural activities over 20 years ago, and since then the building has been used by the main house for general domestic storage and garaging/gardening equipment.
6.4 It is perhaps necessary to breakdown the proposal in to three elements, the conversion to garage, the change of use to a home office and tutoring business with calling customers, and the creation of ancillary living accommodation. On the simple understanding of the proposal and the test of the key policies particularly Housing Policy 11 and Environment Policy 16 only buildings of sufficient interest should be considered for conversion but this building is not of any indicated merit. The proposal would also focus new development outside of existing settlements within the countryside contrary to Strategic Policies 2 and 9 and Business policy 7.
6.5 That aside what we have in this situation is an existing building which is partially redundant since the cessation of the wider farm operations and a proposal which now seeks to make best use of this underused building in line with Strategic Policy 1. The proposal includes some upgrading works to the external skin of the building but does not seek to increase its overall footprint, height, massing or size and so it's not considered that there will be any physical or visual increases so as to adversely harm the overall character and appearance of the countryside landscape in line with Environment Policy 1. Given that the starting situation is perhaps not of special interest means that the modifications to the external skin would also reasonably fit within the tolerances of HP11 and EP16 for re-use in as much as its meets the test of the other parts in being capable of renovation without any extension, would form part of and compatible with the main house and could be provided with the necessary services.
6.6 Of late, there has been increased applications for garages associated with existing dwellings having ancillary and incidental living accommodation above, the proposal is perhaps akin to these although all on one level. Given the situation being the garage for use by the main house and the living space ancillary to this that a condition could be reasonably imposed which would safeguard no separate use, separation or selling off of the ancillary annex.
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6.7 EP16 includes within it scope for re-use of existing buildings for small scale commercial uses so long as these do not cause implications in terms of traffic generation or result in a dispersal of activity on such a scale so as to prejudice vitality and viability of town or village centres. A home office used only by the home owner would not result in any traffic increases and would not require planning approval. In the case of this application however, the applicant is now seeking to have some face to face teaching with the potential of 5 -10 people calling to the site per week. The site is not within a sustainable location nor is there any public transport in the immediate vicinity, having callers to the site would go against the sustainable objective of the Strategic Plan but on the contrary if the applicant were to call to the homes of those students it would similarly be just as unsustainable and so perhaps no worse a situation. In an ideal scenario the applicant would rent a town centre space to offer the face to face teaching facility, but given the small scale being only for 5-10 people this probability is unlikely. Therefore there needs to be a balance in what level of coming and going to the site is acceptable. Over the course of a week the coming and going of up to 10 students would likely be negligible on the wider highway network, and given the position of the dwelling at the end of the road, set back from the neighbours and provided with sufficient driveway space for parking and turning that the proposed home tutoring business with the potential for face to face teaching for no more than 10 people per week would be acceptable in this case and a suitably worded condition will be added to address this.
7.0 CONCLUSION 7.1 The site is located within the countryside and not designed for development. The Strategic Plan makes it clear that development in the countryside is not generally permitted (with exception to those in GP3). However the matter of fact in this case is that the existing building is already there and has overtime become redundant for agricultural use and is now used as general storage of gardening equipment for the main house. The detached outbuilding is demonstrated to be structurally sound and capable of renovation with no extension and with relatively minor modification to the external skin and so is not expected to adversely impact the wider visual quality of the landscape or countryside character in line with EP1, HP11 and EP16. The proposal would also make best use of a currently under used building in line with Strategic Policy 1.
7.2 The proposal is to include an ancillary living unit and this is only considered acceptable is used in conjunction within the main house and would not be supported if it was to be occupied independently. Conditions will be added to control this.
7.3 The site is provided with off road parking areas which can accommodate additional vehicles, although the location of the property is somewhat unsustainable, the applicant visiting other properties would likely result in similar level of unsustainable impact, and minded of the limited number of callers to the site being no more than 10 per week that on balance the business element of the proposal is considered acceptable and a suitably worded condition will be added in this respect too.
7.4 For the reasons as stated above it is considered that the proposal is within the bounds of acceptability subject to suitably worded conditions restricting the use of the home office and callers to the site, ensuring that the garage remains for use by the main house, and that the ancillary accommodation remains for uses incidental to the main house and cannot at any time be subdivided or separated and must remain as one planning unit only.
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;
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(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 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 Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 14.03.2022
Signed : L KINRADE Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 14.03.2022
Application No. : 21/00904/B Applicant : Mr Tim & Mrs Justine Shepherd Proposal : Conversion of barn to provide garaging, storage, space for the running of a business and ancillary living accommodation Site Address : Ballamoar Farm Doarlish Ard Foxdale Isle Of Man IM4 3BH
Planning Officer : Miss Lucy Kinrade
Presenting Officer As above
Addendum to the Officer’s Report
It was requested that wording of C5 be amended to remove the word 'home' from 'home tutoring', as it could be construed that home tutoring was the teaching of the applicants own family/children rather than external attendees which is what the application has been assessed for.
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