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Application No.: 21/01252/B Applicant: Mrs Kim Lamb Proposal: Proposed new games/common room in association with the current tourist units, and creation of a new first floor tourist unit. Site Address: Ballaterson Beg Ballaterson Manor Road Ballaugh Isle Of Man Senior Planning Officer: Mr Jason Singleton Site Visit: 29.04.2022 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 25.05.2022 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal R 1. It is considered the proposal would fail the redundancy test, and is of sufficient quality or interest to warrant retention where the proposed extension would alter the character and appearance 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 – Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Coach House WIllow Cottage Gorse Cottage
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
_____________________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site is the residential curtilage of Ballaterson Beg Farmhouse, Ballaterson Beg, Ballaugh. The site sits within a rural part of the countryside and the main dwellinghouse is two stories high with a pitch tiled roof and bookended by chimney stacks that has been extended over time with flat roof extensions to the ground floor. The property also has a detached garage (used as part of the dwellinghouse) that forms part of the courtyard and three separate cottages adjacent to the dwellinghouse that are let off for tourist use. - 1.2 The garage features an up and over doorway with an open plan internal layout and an internal staircase to part of the upper floor area that is used for storage in the attic space. The remainder of the garage is shown as a void. - 1.3 The cottages are located to the immediate south east of the dwelling house at single storey in height. There are two cottages that are one bedroom each and a larger cottage that is two bedrooms. - 1.4 The property shares a private entrance way / driveway off the highway to the north labelled 'Ballaterson Manor / Road'. The nearest neighbouring property is 'Coach House' that share a boundary to the East (approx. 2.0m high masonry wall with hedging on the boundary to the neighbour) which also has two detached cottages within their ground called 'Willow and Gorse cottages' both are to the East of the application site.
2.0 THE PROPOSAL - 2.1 Proposed is the creation of a first floor upward extension above the garage to created additional tourist accommodation and reconfiguration of the existing garage to a games/ common room. - 2.2 The agent has provided a 'Design Statement' that notes the pertinent points of the application and provides commentary on the extension to say; "It is proposed to remove the current roof structure whilst retaining all walls below and the apertures in the main. The proposed first floor would then sit inboard of the existing walls on an internal steel frame with a lead capping as a transition between the existing walls and the new timber clad walls above which would facilitate the new first floor accommodation… The new ridge height proposes an increase of 750mm over the current with a rise of 1150mm at the gutter line. The roof pitch at 20 degrees keeps the ridge as low as practically possible to lessen the visual impact, both from within the courtyard and when viewed from the Ballaterson manor Road". - 2.3 The internal space has been subdivided up to show on the ground floor a store to the house a games room centrally positioned and a separate ironing and laundry area. The proposal would see the creation of three doorways into the east (front) elevation with the garage doors replaced with bi-folding glazed doorways for access. There is an internal stairway to the newly created first flor that show a layout plan of two en-suite bedrooms and a centrally positioned open plan lounge kitchen diner with a glazed window in a floor to ceiling configuration. - 2.4 The proposed extension at first floor level would cladded with vertical Cedar or Larch boarding, and the roof using natural slate and reusing any of the existing where salvageable. The remaining ground floor walls to be painted white.
2.5 Access to this proposed accommodation would be shared with the dwellinghouse, as opposed the other three tourist units which have a separate parking area and footpaths to their accommodation units.
3.0 PLANNING POLICY - 3.1 The site lies within an area not zoned for any particular development under the 1982 Development Plan (north map); it is also within an area zoned as being of High Landscape or Coastal Value and Scenic Significance on that Plan. - 3.2 The site is not within a Conservation area, there are no registered trees identified on site and the site is not identified as being within High Risk Flood Zone (River and Tidal) on the DoI's Flood map hub. - 3.3 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 5 Design and visual impact 8 Reuse of quality buildings for Tourism
General Policy
Transport Policy
3.4 OTHER MATERIAL CONSIDERATIONS; Residential Design Guidance 2021 provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property.
4.0 PLANNING HISTORY - 4.1 The application site benefits from the following approvals; 12/00751/B - Installation of new door set and replacement windows within existing sun room. 08/01921/B - Conversion of store / garage to ancillary living accommodation. 04/01055/B - Conversion of existing recreation hall into holiday accommodation. 99/00807/B - Installation of uPVC windows to replace existing to farmhouse and holiday cottages. 84/00696/B - Conversion of barn to residents' bar.
5.0 REPRESENTATIONS (in brief - full reps can be read online)
perceived over the property, cottages, driveway, parking and garden areas. Congestion on the single track lane, there are only 5 spaces for parking not 6, not enough parking provision has been provided and could lead to further problems; noise and hours of use from the games room; layout and visual appearance is not in keeping with the surrounding buildings and would be visible outside of the site; Could be created into a single dwelling unit; Issue over water pressure in the area and further demand would exacerbate this;
5.4 Willow Cottage (18.11.21); Objects as the proposal will be 25m from their property, the windows at first floor level
will allow for overlooking and loss of privacy; loss of light to the lounge and kitchen area; potential for noise nuisance in the games room; traffic congestion on the private lane way is a concern with the increase of accommodation.
5.5 Gorse Cottage (30.11.21); Objects as the proposal will lead to a loss of privacy to a bedroom window; increase in traffic and limited parking provisions, Noise from the games room and use for 24 hours will be louder than ambient levels. - 5.6 Coach House (30.11.21) Objects for a number of reasons. Initially they identify they are the owners of neighbouring properties; The Coach House, Willow and Gorse cottages and the access lane to Ballaterson Beg; comments on the labelling of the plans with relation to the names and buildings on the properties in the area; Comments on the impact from overlooking and the loss of privacy (actual and perceived) from the full length windows at first floor level facing the cottages and their grounds and also the farm house; the screening on the boundary between the Coach house and the Farm House especially at first floor level; Overshadowing and loss of light to the coach house and Willow Cottage from the height of the proposed first floor extension. Traffic access and parking will be an issue that can lead to the potential for congestion on the 025mile lane way and an increase in maintenance of the road through additional wear and tear, disputes the number of allocated parking spaces and availability of those 5 or 6 parking spaces; Noise and disturbance from the conversion from the garage to the games room at all hours 7 days a week and would be more noticeable given the quiet rural nature of the surroundings; Visual impact from the highway has been considered but not from the neighbouring property, the roof height will be taller and aesthetically not in keeping given the level of finish, roof pitch, cladding, style and size of windows and would be unsympathetic to the existing buildings, could also lead to the creation of a separate independent planning unit; Water supply would be an issue as there is already problem with water pressure and the proposal would add to the existing problem.
Other
6.1 Principle The starting point here is the land use designation within the area plan which designates the site as land not zoned for development as it sits within a rural area and an area of high landscape value. As General Policy 3 would be applicable in this instance, the proposal is for an extension to an existing outbuilding affiliated with the residential property that sits within a small hamlet surrounded by other residential dwelling but does not specifically fit into any of the criteria for acceptable development of General Policy 3(a-h). Therefore regard must be given to the reasonableness of the scale and siting of the proposed development within the defined residential curtilage in view of their subsequent visual impacts on the character of the area and streetscene. - 6.2 Further to the above land use designation and in relation to tourism use, there is an underlying element to the Strategic Plan Policies which are relevant to the conversion of rural buildings to tourist use which must be taken into account. Whilst it is noted there is a long standing existing use of the existing outbuildings for tourist use, this proposal would not be introducing a new element of use to the property merely increasing the availability of accommodation. As such, General Policy 3 allows for conversion of redundant rural buildings in the countryside, taking note of their aesthetic value and Business Policy 11 allows for "development" in the countryside for tourism subject to meeting the conversion tests of Environmental Policy 16. - 6.3 There is the expectation that the buildings should be redundant. Business Policy 12 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, as echoed in Environmental Policy 16. - 6.4 The material test initially refers to establishing the level of 'redundancy' for rural buildings. The building here is currently used as garaging in conjunction with the dwellinghouse, which if converted would provide for a games room but with some ancillary storage for the dwellinghouse and a separate laundry / ironing room. Its conversion from a garage to a games room would remove this element from the curtilage where there is currently no other alternative and cannot be strictly said to be redundant from use. The proposal would also remove an element of parking and or storage associated with the dwellinghouse, which in itself is not an overriding issue in this case. - 6.5 Turning to the second aspect of Ep16 the building in its existing form is complementary to the other buildings, (also used for tourism) and would once have been the traditional outbuildings. It could be said this collection of outbuildings could have a degree of historic, architectural or social interest to warrant preserving through conversion to tourist accommodation. Whilst the principle of conversion of this outbuilding / garage could be acceptable if the level of redundancy was established, but, part of the proposal seeks an upward extension that could alter the character and charm of the existing built forms in this area. - 6.6 As such whilst the principle of tourist use on site is acceptable, the level of redundancy has not been demonstrated and could not be achieved being the only garaging and ancillary storage to the dwellinghouse, equally the proposed alterations to the building would not be seen to preserve the fabric of the building / character of the building and would be read as being contrary to Business Policy 11, 12 and Environment Policy 16.
6.7 The design approach would seek to upwardly extend the lower proportions of the building with a shallow pitched roof that would allow for a two storey element to this building. The architects note that the roof pitch has been kept to a shallow profile but would still see an increase in height to about 1m (750mm) above the existing. This increase in height would be subordinate in height to the dwellinghouse but would be higher than the exiting out buildings / tourist cottages, which area all single storey in their traditional appearance. - 6.8 The majority of fenestrations is included on the east elevation facing towards the courtyard and that of the neighbouring property. Those rooms facing east are noted as a bedroom to south end of the building and a central open plan, lounge/kitchen / diner. The bedroom to the north end faces towards the gardens. As a result of the reduced window placement on the vertical elevations (essentially to retain a barn like appearance twinned with the vertical timber cladding) are five Velux type roof lights in the western roofscape, which will give a more domestic appearance. - 6.9 As this is not a registered building or a conservation area the design or appearance is subject to opinion however the main element of the policies BP11,12,14 and EP16 do refer to preservation of the existing built fabric in terms of visual impact (assessed below) and the main thrust of the conversion lies with Environmental Policy 16 sequential test (a-f). - 6.10 When cross referencing the proposal with EP16 and the sequential test the following is summarised, as noted below;
6.11 On the whole it is considered the proposed interference with the fabric of the building and the upward extension to convert to an additional unit of accommodation would lead to a loss of the original character and does not satisfy the main test under EP16 (a,b,c,f) for conversion of existing rural building into a tourist unit.
6.12 It has to be remembered that any development in the countryside is only on account of an exception being made and there is a general presumption against development and the pertinent policies seek to protect the countryside for its own sake (EP1) and restricts development that would have an adverse visual impact on the countryside and greater protection is offered through (EP2) to ensure there is no harm to the character and quality of the landscape. - 6.13 In terms of how visible the scope of works are to the existing, the visual appearance of the extension would be visible from the highway (Ballaterson Road to the west) and could be
6.15 When considering the impact upon the amenities (overlooking, loss of light; over bearing impact, privacy and visual amenity) of the neighbouring properties. It is noted the nearest neighbouring property that would be impacted by the proposal would be 'The Coach House' and its two cottages within its ground 'Willow and Gorse Cottage'. The main aspect here would be one of overlooking from the proposed windows in the east elevation at first floor level. - 6.16 The distances involved here from the east (front) elevation of the existing garage is approx.16m to the 2.0m high boundary wall with the neighbour and a further 25m to the corresponding front (west) elevation of Willow Cottage, the nearer of the two cottages. Given this would be in excess of the 20m rule between facing dwellings and the level of boundary detail and its height would ensure that any overlooking is limited. To possibly that of the roof scape of those two cottages. - 6.17 It was also noted at the site visit the current level of mutual overlooking from the application site and the Coach House. The Coach House has recently seen an upward extension (Ref; 21/00093/B - Alterations, erection of ground and first floor extensions and installation of a flue) that sees the use of the flat roof as a balcony / terrace which allows those views west toward this application site. It is not considered the proposal would lead to a loss of privacy from overlooking from the proposal Neither would there be any loss of light or shadowing towards the neighbours given those distances involved. - 6.18 When considering whether there would be any loss of light or overshadowing from the built form of the extension, given the orientation of the built for and that of the surrounding properties and the sun path around, any shadowing from the sun would be largely contained within the application site. - 6.19 With regard to the levels of noise generated from the proposed games room, if the applicants wanted to install a pool table, table tennis table or as indicated an air hockey table and sofa with tv into the garage, this use would still be in conjunction with the wider residential use and could be achieved today (without the need for planning permission) as part of the residential use of the site. As such it is not considered there to be any increase in levels of noise nuisance through EP22 over and above the existing levels of use of the dwellinghouse. - 6.20 On balance, these aspects would be considered to be compliant with those sections of General Policy 2(g) and EP22.
6.21 Highway Services have considered the merits of the existing entrance, the specific dimensions involved and access to and from the site from the highway noting visibility splays. As the transport professionals their comments are heavily relied upon and it is noted they do not object to this application. - 6.22 Having considered the highways safety aspect and the use of the existing entrance in a safe and appropriate manner with parking and manoeuvring within the site, and taking on board the comments from the neighbours regarding the access along the private laneway and parking within the site, it would not be considered to have any adverse impact on the existing highway or upon those users entering and exiting the site or parking and their manoeuvrability. As such the proposal would be considered to align with the principles of Gp2h&I and TP4 &7. Other - 6.23 The issue of lack of water pressure in the area and any potential impacts from this proposal is not one that can be addressed through the planning system. It is understood the lack of water pressure is more of an issue that needs to be raised with the MUA (Water).
7.0 CONCLUSION - 7.1 For the above reasons, it is concluded that the proposal would not be in accordance with GP3, Ep16, BP11, 12,,14 and EP 1 and 2 of the Isle of Man Strategic Plan 2016, and is recommended for refusal.
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:
8.2 The decision maker must determine:
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: 27.05.2022 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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