DEC Officer Report

Application No.: 22/00293/C Applicant: Mrs Clare Lewis Proposal: Additional use of cottage as both residential and holiday accommodation Site Address: Ballanorman Croft Ballacrye Road Ballaugh Isle Of Man IM7 5BP Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.04.2022

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.

This application has been recommended for approval for the following reason. It is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 22.03.2022. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The site is the residential curtilage of Ballanorman Croft, Ballacrye Road, Ballaugh which is a two storey detached property located on the northern side of Ballacrye Road. The site is accessed via a private driveway which us shared by the applicants main dwelling Ballanorman, which is to the south east of the applications site.

2.0 PROPOSAL - 2.1 The application seeks approval for the additional use of cottage as both residential and holiday accommodation. - 2.2 The applicants planning statement states:

"The existing croft as part of Ballanorman Farm received PA 02/01903/B in 2002, for alteration and extensions to provide holiday accommodation. This was approved and certified under the IOM Tourist Board listing for holiday usage.

The property alterations and extensions were completed and it commenced lettings. In 2006 the then owners under application 06/00097/C applied to change its use to residential only from holiday accommodation. This was taken through and was refused at Appeal.

The property was sold and has been used since that time by the applicant as both registered holiday / TT accommodation and more recently long term residential letting. For these last 2 years it has been used by a long term tenant, remaining constant through the recent Covid restrictions and lockdowns.

Having its own separate rating and services, etc the Client wishes to ensure the legal use of the property for both residential and holiday accommodation, hence the enclosed application to regularise usage.

Current Planning policy now is that properties can be used of this nature can be used for both residential and tourist accommodation, with the appropriate Fire Safety Service and Tourist Certification."

3.0 PLANNING POLICY - 3.1 The application site is within an area of "High Landscape or Coastal Value and Scenic Significance", not designated for development under the 1982 IOM Development Plan. - 3.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:- - 3.3 Environment Policy 1: 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. - 3.4 Environment Policy 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will

• introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential.
• 3.5 Environment Policy 16: The use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use may be permitted where: 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; a) 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. Proposals to convert rural buildings to residential accommodation will be considered along with the advice given at Section 8.10 of this document.
• 3.6 Housing Policy 11: Conversion of existing rural buildings into dwellings may be permitted, but only where: (a) redundancy for the original use can be established; (b) the building is substantially intact and structurally capable of renovation; (c) the building is of architectural, historic, or social interest; (d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building; (e) residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; and (f) the building is or can be provided with satisfactory services without unreasonable public expenditure. Such conversion must: (a) where practicable and desirable, re-establish the original appearance of the building; and (b) use the same materials as those in the existing building. Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form. 73 Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character.
• 3.7 Business Policy 13 states: "Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents."

4.0 PLANNING HISTORY - 4.1 The previous planning applications are considered relevant in the assessment and determination of this application; - 4.2 Change of use from holiday cottage to a residential dwelling - 06/00097/C - REFUSED at APPEAL;

"R 1. No evidence has been provided to show there is no longer any need for such a use in this location especially after only one years registration with the Registration and Grading Commission. It would appear to be premature to grant planning permission for its conversion into a separate dwellinghouse especially in the absence of evidence sufficient to demonstrate that the building could not be operated successfully as tourist accommodation. Therefore, the proposed change of use is premature and unwarranted.

R 2. The application site is located adjacent to the farm yard of Squeen Farm. This farm yard appears to be an active operation. If the building were to be used on a permanent basis

as a residential unit, this could lead to complaints about noise, smell and other nuisances which would prejudice the long term viability of the farm. It is considered that the proposed change of use to a residential unit would be incompatible with the adjoining farm yard."

4.3 Alterations and extension to dwelling - 02/01903/B - APPROVED - 4.4 In the past the application unit would appear was a replacement dwelling and was supposed to have been demolished to make way for the newer dwelling on the site Ballanorman. However, this was not done, however have subsequent application (in 1983) was approved for the unit to be retained but used for tourist accommodation and must be used in association with Ballanorman and must not be sold or let of separately or be used as a separate dwelling.

5.0 REPRESENTATIONS - 5.1 Highway Services do not object (31.03.2022).

6.0 ASSESSMENT - 6.1 The main issue is the principle of using the property as a separate dwelling. Planning approval existing for the property to be used for tourist purposes. Previously, planning approval was refused due to concerns of the loss of a tourist unit. However, since that application the IOMSP has been adopted and there are no policies which require the retention of tourist use. However, the proposal could still be used for tourist purposes as it would have a duel use. - 6.2 It is noted that a number of decades ago the dwelling should have been demolished; however, considerable time has passed and under current planning policy the proposal would comply with HP11/EP16, being structurally capable of conversion and being of historical, architectural or social interest, as well as the other requirements of these polices. - 6.3 In terms of the potential previous concerns of the property being located adjacent to the farm yard of Squeen Farm, since the previously application in 2006, Squeen farm no longer operates as a "farm" but runs a repair of agricultural vehicles and machinery and agriculture. Accordingly, the previous concerns of smells etc are not considered sufficient reason to refuse the application. There is also a mature hedgerow between the properties. - 6.4 Business Policy 13 indicates that permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents. While, the application unit is already a tourist unit, it is considered the use of the existing tourist unit with an additional use as a dwelling would have a similar impact to neighbouring properties, whether it is used for tourist or permanent residential use. - 6.5 Parking would be provided via the existing off street parking on the driveway. The Highway Services have considered the proposal and has no objection.

7.0 RECOMMENDATION - 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.

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;

• (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 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 : Permitted Date: 28.04.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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