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{{table:147105}} ### Considerations {{table:147106}} ### Written Representations {{table:147107}} ### Consultations {{table:147108}} {{table:147109}} {{table:147110}} {{table:147111}}
The site represents an area of farmland which sits between the Ballamodha Straight (A3) and the Bayrauyr (B30) which runs east from the A3 to St.Mark's. The land has on it a group of buildings including two houses and an outbuilding which has been converted to living accommodation. These buildings have been the subject of applications as follows:
PA 01/0677 - conversion of agricultural building to agricultural dwelling - permitted PA 02/1446 - installation of windows (amendment to PA 01/0677) - permitted PA 04/1462 - removal of agricultural worker's condition - refused on appeal.
Also on the site is a small derelict building which sits to the north west of the main farm group and accessed by a track from the main farm lane to the south.
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.
In addition to the above, planning permission has also been sought for the following:
PA 96/0987 - approval in principle for renovations and alterations to existing derelict cottage - refused on review PA 97/0102 - approval in principle for the renovation of derelict house to a farm worker's dwelling - refused on review PA 97/0103 - creation of hard surfaced track - permitted PA 02/02161 - re-instatement of former dwelling to form tourist accommodation and erection of rear porch - permitted on review. PA 05/1707 - alterations to access - permitted on review and PA 06/0256 - erection of an agricultural building - permitted.
Proposed now is the use of the existing derelict cottage which was the subject of PAs 96/0987, 97/0102 and 02/2161 but for use as a permanent dwelling not tourist accommodation as was permitted. Work has (very recently) now commenced on the renovation as approved under the 2002 application and as such the permissions seeks only the change of use not the renovation works or the principle of renovation.
The plans are those originally permitted in 2002 and in fact still bear the previous applicant's name.
Whilst there is a suggestion from a resident of Port Soderick that there is no supporting statement to explain why this application has been made and that consideration should be deferred pending receipt of this, unless the application is clearly contrary to policy or requires some form of justification or additional information, this may not be necessary.
Whilst Malew Parish Commissioners recommend that the application should be refused as the land is not designated for residential development and that permission was granted for holiday accommodation, it should be borne in mind that the site is not designated for tourist accommodation either and the material considerations should be whether there is so significant or detrimental a difference between the use of the renovated property as tourist accommodation and that as residential accommodation as to warrant refusal of this change of use. Society for the Preservation of the Manx Countryside and the Environment make similar comments and also note the lack of supporting information.
It would appear that the principle of the reinstatement of the building as a dwelling was resisted in 1996 and 1997 until the 2002 application which sought renovation of the building and its final use as tourist accommodation. In that case, the advice of the Conservation Officer was sought and this was as follows:
"The building is at present in what seems to be generally sound structural condition, but visually has a very barren and harsh appearance, having been altered in the 1950s. The quality of the stonework is extremely good: Foxdale Granite cut and laid in courses with some slate infill. Usually granite is seen as quoins or cornerstones, or as large stones near the base of the wall - footing stones. In this case, the highly durable stone has retained its robust and distinctive qualities and, if the proposal is allowed, would enable the reinstatement and enhancement of this fine example of traditional construction. Both Conservation Officers have considered this proposal and feel it to be worthy of support" signed by Stephen Moore and Marlene Hendy and with a note that no approval to render the building will be given in the future.
On this basis PA 02/2162 was permitted despite the objections of the Malew Parish Commissioners who considered that the proposal did not comply with the provisions of Planning Circular 3/89. The application was supported by the Registration and Grading Commission of Department of Tourism and Leisure.
In my view there are some differences between the use of premises for tourist use and as a permanent residential dwelling. For example, there is generally a need for slightly more space in the case of permanent living units to make provision for storage of items which may not be needed day to day but will be needed longer term - clothes and bedding for example which are more suited for colder or hotter weather than prevails at any particular time, or perhaps vehicles which may be needed by a permanent occupant but not by a tourist - bicycles or motor cars and indeed more facilities such as washing machines, tumble driers, dishwashers. All of these may be used by someone living in a dwelling on a short term basis as a holiday-maker but are likely to be required as a matter of course by someone living there permanently. This is reflected in the Housing (Flats) Regulations 1982 which require a larger minimum floor area for permanently occupied flats than for tourist units. In my view it would be unreasonable to permit this change of use and then resist further applications for extension for the provision of additional space and perhaps garden sheds, garages etc. together with the formalisation of the curtilage of the property - walls, fences, hardstandings etc.
The accommodation which will result from the renovation of this building includes two bedrooms with a shower room with toilet upstairs and downstairs a toilet, kitchen and lounge. There is limited room for storage in the 53 square metres approximately, of habitable space available. There is no garage. If the change of use were permitted with no restriction on the Town and Country Planning (Permitted Development) Order 2005 further extensions would be permitted along with sheds, decking, a garage etc. No such restrictions were imposed on the 2002 approval although at that time extension of the property would not have been permissible without permission under what was then a much more restrictive permitted development order. A note was attached to that permission indicating that planning permission for further extensions would be unlikely.
It is also pertinent to consider the sustainability of the location for permanent accommodation compared with tourist use. The site is some distance from the Bayrauyr never mind the Ballamodha Straight which probably provides the nearest bus route and there are no shops or services in close proximity to the site. As such it is not a site which would be considered sustainable in this sense. The draft Strategic Plan refers to this at paragraphs 8.3.2 (b) and 8.5.1.
I understand, through discussion with the applicant, that the property would be rented out and retained with the holding, although it would be unreasonable to attach a condition to this effect as the property is not needed in conjunction with the farm which would appear to already have more residences than it could support agriculturally. As such the dwelling could be sold off separate from Gibdale Farm although access would still be provided through this site.
In conclusion, the conversion to tourist accommodation was clearly granted on the basis that the building would be re-instated in its original condition and appearance or as close to it as one can get. The use of the building as a permanent dwelling is unlikely to achieve this in the longer term due to
the requirement for more space and additional buildings, due to the limited size of the existing building and would thus be contrary to the spirit of Planning Circular 3/89. Whilst the sustainability of the site is an issue, if the property were larger and the foregoing were not at issue, the application would be unlikely to be refused on grounds of unsustainability alone.
The resident of Port Soderick and Society for the Preservation of the Manx Countryside and the Environment are not directly affected by the proposal and as such should not be afforded party status in this instance.
The Isle of Man Water Authority's correspondence relates to supply and not planning matters and as such should not be afforded party status in this instance.
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.
Recommended Decision: Refused
Date of Recommendation: 21.12.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
R 1.
The conversion to tourist accommodation was clearly granted, under PA 02/2162, on the basis that this architecturally interesting building would be re-instated in its original condition and appearance or as close to it as one can get. The use of the building as a permanent dwelling is unlikely to achieve this in the longer term due to the requirement for more space and additional buildings, due to the limited size of the existing building and as such any positive benefit from the reinstatement of the building would be lost. As such the proposal is considered to be contrary to the spirit of Planning Circular 3/89.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Refused Date: 29/11/07
Signed: M. I. McCauley Director of Planning and Building Control
Signed: M. I. McCauley Director of Planning and Building Control
21 December 2006
21 December 2006
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