Officer Planning Report

Planning Report And Recommendations {{table:148555}} {{table:148556}} {{table:148557}} {{table:148558}} ### Considerations ### Written Representations ### Consultations Consulttee: Braddan Parish Commissioners Notes: That the Commissioners would recommend to the Planning Committee that there were planning reasons to object to the principle of the application as submitted for the reasons as set out below:- 1. The building is not of particular architectural or historical interest and as such, its conversion under the provisions of Planning Circular 3/89 is not justified. Furthermore, there is no evidence to suggest that the building is redundant for its original purpose which was as a garden implement store. As the site is within an area not designated for development, there should be some justification for why this general policy should be set aside. No such reasoning has been provided. The building is not sufficiently large to convert, as it stands to a dwelling. Extensions of the building would increase its visual impact and as such be undesirable so close to the road. Consultee: Chief Fire Officer Notes: Recommend refusal of this application as the means of escape are inherently unsafe in the event of a fire. Applicant is advised to consult the Fire Safety Department to discuss the general fire precautions. Consultee: S.P.M.C. & E. Notes: This could be a better solution to the 'caretaker's accommodation' problem here than recent proposals, however it is not exactly a vernacular building and therefore hardly complies with Circ. 3.89. Comparisons can be made with 05/2250 at Sandygate, although there is not 'tandem development' issue here. If the proposed dwelling is irrevocable ties as staff accommodation to Crogga Mill House itself, then the Society will accept it. Consultee: IOM Water Authority Notes: For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49

Officer's Report

The Site

The application site represents an existing single storey, pitched roof building, currently in use as an implement shed at Crogga Mill, Braddan. The building is located adjacent to the entrance to the main dwelling, which is a Registered Building.

Planning Status

The site is located within an area of High Landscape Value and Scenic Significance in the 1982 Development Plan Order and an area identified as Woodland within that Plan. Within the adopted Braddan Parish District Local Plan 1991, the site is not situated within an area zoned for further residential development. Given that the application proposes the conversion of an existing building within the countryside, the application falls to be determined against the provisions of Planning Circular 3/89 – Renovation of Buildings in the Countryside.

Planning History

The following previous applications are considered relevant to this application:

PA 05/02092 – Approval in principle for the erection of a dormer bungalow to provide ancillary caretakers accommodation, Land adjacent to Entrance Road, to Crogga Mill, Old Castletown Road. Refused initially 9th December 2005, refused at Review 17th March 2006, refused at Appeal 12th April 2006.

PA 99/00926 - Approval in principle for erection of caretaker’s accommodation, Crogga Mill, Braddan. Approved 14th October 1999.

PA 99/00103 - Approval in principle to convert storage building to caretaker’s accommodation, Crogga Mill, Braddan. Refused initially 4th June 1999, refused at Review 6th August 1999.

PA 86/00973 - Erection of garden implement store, Crogga Mill, Braddan. Approved initially 26th September 1986.

The Proposal

The application seeks approval to change the use of the existing implement shed to form ancillary accommodation for staff in relation to the main dwelling, Crogga Mill. The works proposed to change the use include the raising of the roof by some 418mm, the replacement of an existing garage door with a window and the replacement of a further window to the front elevation. The conversion would provide a dwelling with two en suite bedrooms, kitchen/dining room and lounge. No residential curtilage has been identified in association with the unit.

Representations

Braddan Parish Commissioners object to the development on the grounds that the proposal is contrary to Planning Circular 3/89 – Renovation of Buildings in the Countryside. The Department of Transport Highways Division also object to the proposal on the grounds that sight lines in relation to the existing access, which is not included within the application, are inadequate to serve an additional dwelling. The Chief Fire Officer Objects to the development and the SPMCE and Isle of Man Water Authority have submitted comments.

A resident of Port Soderick has also submitted comments.

Assessment

This current application follows the refusal at appeal for approval in principle to construct a new dwelling to provide staff accommodation, in association with Crogga Mill, Braddan. At that time, the application sought approval for a new dwelling, as opposed to the current application which seeks approval to convert an existing property, however the accommodation would be provided to meet the staffing requirements of the applicant, as indicated in that previous application (PA 05/2092 refers).

The needs of the applicant are noted, however, as the Inspector in the previous application concluded, Paragraph 22. “...the personal circumstances of care for the Appellant and the security and maintenance of the property need to be assessed. I acknowledge that on site residence for persons to provided security and maintain the house and land, and the possible future care may be desirable for the Appellant. However, I do not consider that it is a necessity to have to provide it on site. I conclude that the provision of a detached dwelling for such personal circumstances should not override the planning policy and guidance which restricts development in rural areas.”

The provisions of Planning Circular 3/89, indicate circumstances where buildings located in the countryside that are no longer needed for their current use, may be converted to other uses. Paragraphs 2 and 3 of that Circular state:

“2 In general, it is considered that it would be not only appropriate but also beneficial to public amenity to renovate, and if necessary, find alternative use for, redundant buildings in the countryside which

• (a) are Registered or worthy of Registration; or
• (b) are otherwise of particular architectural, historic, or social interest; or
• (c) contribute beneficially to the character of the countryside as viewed from highways, footpaths, or other places accessible to the public.

Such buildings must be substantially intact, and structurally capable of renovation.

1. Redundancy must be established by the applicant for planning permission, who should address, and produce evidence to substantiate, the following points:-

• (a) the nature of the last active use of the building, and the period that has elapsed since that use; and
• (b) the reasons for the building being no longer suitable for, or needed for, its original use; where appropriate, the guidance and support of the relevant Department of Government, such as the Department of Agriculture, Fisheries and Forestry, should be obtained."

It is considered that the building now the subject of this application, which was refused planning permission to convert in 1999, is contrary to the provisions of the Circular, given that it is not of particular architectural or historical interest and does not contribute beneficially to the character of the countryside. In addition, it has not been demonstrated that the current use is redundant, in accordance with paragraph 3.

The personal needs of the applicant are noted, however, as concluded in relation to PA 05/2092, they are not considered sufficient to justify the creation of a new dwelling in this location.

Recommendation

It is recommended that the application be refused.

Suggested Conditions

Notwithstanding the recommendation, the following conditions are suggested should the application be approved:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval; relates to Drawing Numbers REF A, E – 01; 02; 03, P – 01; 02; 03 and location plan, submitted as part of this application and date stamped 11th October 2006.
3. The dwelling may be occupied in association with Crogga Mill only, and not as a separate unit of residential accommodation.
4. The roof must be finished in dark natural slate.
5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)

Notes

1. For single connections to a water main (i.e. a single dwelling) the applicant should contact Isle of Man Water Authority Customer Services, telephone 695949.
2. PRIOR to the commencement of any works the applicant is advised to consult the Chief Fire Officer to ensure that adequate fire precautions are taken.

Party Status

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.

It is considered that all parties, who submitted comments, with the exception of Mr Jessop, Seacliffe, Port Soderick and the SPMCE, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status.

Recommendation

Recommended Decision: Refused

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1.

The building is not of particular architectural or historical interest and as such its conversion under the provisions of Planning Circular 3/89 – Renovation of Buildings in the Countryside, is not justified. Furthermore, there is no evidence to suggest that the building is redundant for its original purpose which was as a garden implement store. Whilst the personal circumstances of the applicant are noted, it is not considered that such circumstances are sufficient to justify the setting aside of this well established policy in relation to development on land not zoned for such purposes.

Decision Made : ... Committee Meeting Date : ...