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22/00367/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00367/B Applicant : Mr Alistair & Mrs Sara Elliott Proposal : Modifications to the conversion and restoration of a residential property consisting of a farmhouse and stone barn including modification to external finishes and windows, erection of rear single storey extension and construction of detached double garage with living accommodation above Site Address : Ballacannell Earystane Colby Isle Of Man IM9 4HN
Planning Officer: Mr Paul Visigah Photo Taken : 26.05.2022 Site Visit : 26.05.2022 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.08.2022 __
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 building hereby approved may be used only as such ancillary to the occupation of the main house 'Ballacannell', Earystane, Colby, and may not be used separately or let or sold off separately.
Reason: For the avoidance of doubt and to ensure the development takes place in accordance with the approved details, as the site not designated for development.
C 3. The internal layout of the garage building shall remain as shown on the submitted Drawing No.1912/06A, received 18.03.2022. No kitchen or bathroom facilities shall be installed in the building and no internal walls shall be erected to subdivide the internal space of the building.
Reason: To ensure proper control of the development and to ensure the development takes place in accordance with the approved details, as the site not designated for development.
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C 4. All external facing and roofing materials shall remain as shown on the plans and specified within the list of external finishes on the submitted Drawing Nos. 1912/05A and 1912/06A, received 18.03.2022. No new types of materials shall be added to the external elevations of the development, hereby approved.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 5. 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 under the following classes of Schedule 1 of the Order at any time: Class 14 - Extension of dwellinghouse Class 15 - Garden sheds and summer-houses Class 17 - Private garages and car ports Class 21 - Construction of decking
Reason: To control future development on the site.
This application has been recommended for approval for the following reason. Overall, it is concluded that the planning application accords with the provisions set out in Housing Policy 15, and General Policy 2 of the Isle of Man Strategic Plan 2016, and Planning Circular 3/91.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on 18.03.2022. __
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 4(2):
Moorhouse Farm, Mount Gawne Road, Colby;
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not 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 4(2):
Kerrowdhoon, Dhoon Loop Road, Ramsey; Grawe Farm, Strooan Ny Quill Lane, Laxey; P O Box 7, Castletown; Bee and Blossom Farm, Upper Scard, Ballakillowey Road, Colby (for neighbouring property not mentioned).
As they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. __
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPLICATION IS RECOMMENDED FOR APPROVAL AND THERE ARE MORE THAN 4 OBJECTIONS FROM MEMBERS OF THE PUBLIC
1.0 THE SITE 1.1 The site represents the curtilage of an existing barn and cottage which sits at the north western end of the road which leads from the Colby Glen Road towards Ballacannell and passes the site and leads west to the A36 Sloc Road.
1.2 The site accommodates the former barn and cottage, and there is a garden area to the north and which sits about 3m above the site level of the existing dwelling, with flag steps built into a retaining wall abutting this garden serving as access to the garden area, a flat roofed storage building built into the garden with its front wall forming part of the retaining wall. The site also includes the lane which runs to the site from 20m to the south east.
1.3 The site boundary of this irregular sized plot is lined by mature landscaping (trees and shrubs) which screen majority of the site area from the highway and the surrounding sites.
2.0 THE PROPOSAL 2.1 Planning approval is sought for modifications to the conversion and restoration of a residential property consisting of a farmhouse and stone barn including modification to external finishes and windows, erection of rear single storey extension and construction of detached double garage with living accommodation above.
2.2 The proposed works would include: 2.2.1 Erection of a wrap around extension on the first floor within the retaining wall enclosure on the eastern section of the existing building. This extension would be 2.7m high (2.4m to the eaves). The extension would create an ensuite and dressing area for the master bedroom on this floor, as well as a utility room and WC.
2.2.2 Creating a roof terrace over the ground floor extension that would wrap around the snug on the first floor. The terrace which would be set about 900mm above the level of the rear raised garden would have glazed balustrades about 1m high along its edges and masonry parapet wall.
2.2.3 Erecting a new two storey double garage building on western section of site separated by Highway D51. The new building would be 8m long, 6.5m wide and 6m high (4m high to eaves). The garage building would be finished externally in vertical timber cladding to match main dwelling cladding. The roof of the garage would be finished in slate tiles and would have three velux rooflights installed over rear roof plane. The top floor shall provide a workshop/home office and a WC. An external timber staircase shall provide access to the top floor.
2.3 Other works proposed include: i. Replacing the existing windows on the original cottage with new triple glazed timber windows. ii. Installing painted steel handrail and balustrade to the external steps in front of the original cottage. iii. Erecting new flat roofed canopy with timber support posts over entrance at midsection of dwelling which would serve as main entrance to dwelling. iv. Cladding of midsection and rear projection of new extension with vertical timber made of western red cedar or larch. v. Replacing existing door on the first floor level of original cottage with new timber door with triple glazed sections.
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vi. Blockwork on new section to be finished with additional external insulation and lime render. vii. Creation of new 1.5m high masonry wall to form an enclosure outside the utility door and linking up to retaining wall on the side. viii. Existing masonry chimney stacks to be replaced with new false chimney with render finish and concrete capping. The height shall be reduced by about 500mm. ix. Adjusting height of retaining wall on the eastern side by about 900mm to accommodate new window installation on side of utility room. x. Installing a new window on the first floor side elevation of rear projecting section and lowering window cill of existing window on this elevation to match new window. xi. Creating a lead canopy over utility entrance. xii. Installing new triple glazed French doors to provide access to roof terrace from snug
3.0 PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the South adopted in 2013 as open space not designated for a particular purpose, and the site is not within a Conservation Area. The site area is large free of flood risks, although the rear of the existing property is considered to have medium likelihood of flood risks. There are no registered trees on site, and the site is not within a registered tree area.
3.2 The Character Appraisal within the Area Plan for the South states thus concerning the area: 3.2.1 Ballamodha, Earystane and St Marks (D14): 3.2.2 Overall strategy The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.
3.2.3 Key Views: Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons. Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views.
3.3 The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EP 1 and GP3). However given there is an existing dwelling on the site, it is relevant to consider Housing Policy 15 which makes provision for extensions or alterations to traditional properties in the countryside.
3.4 Housing Policy 15: "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)".
3.5 Paragraph 8.12.2: Extensions to properties in the countryside As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside. Care therefore, must be taken to control the size and form of extensions to property in the countryside. In the case of traditional properties, the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be acceptable where these destroy the existing character of the property. In the case of non-traditional properties, where these are of poor or unsympathetic appearance, extensions which would increase the impact of the
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property will generally not be acceptable. It may be preferable to consider the redevelopment of non-traditional dwellings or properties of poor form with buildings of a more traditional style and in these cases, the Department may consider an increase in size of the replacement property over and above the size of the building to be replaced, where improvements to the appearance of the property would justify this.
3.6 Since the site has an established residential use and the site is within a location with existing properties, it would also be relevant to consider the general standards of development as set out in General Policy 2. This is hinged on the fact that it relates to design and amenity; indicating development should be supported provided it, "respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them...".
3.7 Other policies within the Strategic Plan which are considered relevant to the proposal are; Infrastructure Policy 5, and Community Policies 7, 10 and 11.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Planning Circular 3/91 (Guide to the Design of Residential Development in the Countryside) is considered relevant. The section on 'Proportions and Form' on page 4 provides advise on how to make variations to the floor area of traditional buildings (extensions).
4.1.2 Policy 3 states: "The shape of small and medium sized new dwellings should follow the size and pattern of the traditional farmhouse. They should be rectangular in plan and simple in form. Extensions to existing buildings should maintain the character of the original form".
4.1.3 Policy 4 states: "External finishes are expected to be selected from a limited range of traditional materials". The supporting texts to policy 4 states that "Modern construction and materials may be used to achieve a similar external appearance".
4.2 Whilst not adopted planning policy, DEFA's Residential Design Guide (2021) is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions. It is envisaged that a new guidance will be provided for dwellings in the countryside, although some of the broad principles set out within this document may still be relevant to such proposals". Section 4.11 which deals with Roof Terraces, Balconies, Decking and Patios is considered relevant.
5.0 PLANNING HISTORY 5.1 The site has been the subject of the following applications which are considered to be materially relevant to the current application:
5.2 PA 10/00784/B for Creation of two additional windows and eight roof lights - approved.
5.3 PA 08/00510/B for Erection of replacement cottage (comprising an amendment to approved extension, conversion of adjacent barn to living accommodation and erection of a link building 05/00375/B) - approved.
5.4 PA 05/00375/B for Renovation and extension of redundant cottage, conversion of adjacent barn to living accommodation and erection of a link building to create a single dwelling (Resubmission) - approved.
5.5 PA 04/00938/B - Renovation and extension of redundant cottage, conversion of adjacent barn to living accommodation and erection of a link building to create a single dwelling (Resubmission) - refused. Reason for refusal:
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"It is considered that the proposed extensions, by reason of their size and design would significantly detract from the character and appearance of the buildings as highlighted in the Inspectors Report in respect of PA01/2553. In addition, the proposals do not overcome the reason for refusal in relation to PA 03/1330".
5.6 PA 03/01330/B - renovation and extension of redundant cottage, conversion of barn to living accommodation. This was refused by the Planning Committee and also refused on review. Reason for refusal: "It is considered that the proposed alterations and extensions by reason of their size, design and materials would significantly detract from the character and appearance of the buildings, as highlighted in the Inspectors report in relation to PA01/2533".
5.7 PA 01/02533/A for Approval in principle for renovation of cottage, conversion of barn and erection of link building to create single dwelling. This was refused by the Planning Committee and also refused on review. Reasons for refusal: R1: "It is considered that the proposed renovation and conversion of this former dwelling and barn would be contrary to Planning Circular 1/88, Residential Development - Houses in the Countryside in that the land is not zoned for development and the former dwelling has lost its residential use".
R2: "The proposal is considered to be contrary to the provisions of Planning Circular 3/89, Renovation of Buildings in the Countryside, in particular Paragraph 2 and Paragraph 8".
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
Cover the containment of gravel and surface water discharge onto this route. o They suggest that the applicant should consider the provision of an electric vehicle charging point. o They advise that Highway licences, temporary closures and diversion orders are likely to be necessary during construction and for a permanent solution.
6.1.1 In response to DOI Highway comments made 7 April 2022, the applicants have provided a response addressing matters such as; the unmade public road (D51), double garage, parking spaces, EV charging, turning space, and surface finish/drainage in their correspondence dated 10 May 2022.
6.2 Arbory and Rushen Parish Commissioners have made the following comments regarding the application (29 April 2022): The Commissioners felt this application had merit, however the Commissioners were concerned to note the misleading comment in the architect's design statement which incorrectly asserted
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that the public road running in front of the property "continues as a private lane leading to the application site." This is a disappointing inclusion as it has been made clear by the Department of Infrastructure that this is a public road.
6.3 The Owners/occupiers of the following properties object to the application: o Kerrowdhoon, Dhoon Loop Road, Ramsey; o Moorhouse Farm, Mount Gawne Road, Colby; o Grawe Farm, Strooan Ny Quill Lane, Laxey; o P O Box 7, Castletown; o Bee and Blossom Farm, Upper Scard, Ballakillowey Road, Colby (for neighbouring property not mentioned).
6.3.1 These object to the application with comments which refer to the following: o Rights over and access to Highway D51 and public right of way (PRoW) 284 o Definition of residential curtilage and differences in site boundary from previously approved applications for the site. o Completion of previous approval for the site. o Overdevelopment of site. o External finish of building (should be stone and not rendered finish). o Possible impacts on bats and need to protect trees on site o Impact on their nearby property used by tourists
6.3.2 In response to these comments, the applicant's agent has provided a response dated 11 May 2022 which addresses the following topics: unmade road (D51), access to PRoW 284, details of application submission relating to comments made by objectors, and interested party status for Moorhouse Farm Limited.
7.0 ASSESSMENT 7.1 In considering an extension such as this, it important to have specific regard to potential impacts on neighbours and their amenity, and the appearance of both the site itself and the street scene or character of the area having particular regard to the fact that the site is situated in the countryside.
7.2 Impact on Appearance of the Dwelling and nature of the locality (HP 15 & GP2) 7.2.1 The proposed ground floor extension with terrace over and alterations to the dwelling would fit in seamlessly into the appearance and character of the dwelling and would not detract from the overall appearance of the dwelling which has a generally traditional appearance. While the addition of the flat roofed entrance canopies and roof terrace would add modern elements, these would not detract from the general appearance of the dwelling which is mainly traditional but offering contrasting external finishes in form of stone, render and timber finishes to its external walls.
7.2.2 Whilst it is noted that the new elements would be noticeable when using the D51 which cuts through the site currently, the alterations and extensions are at positions that are not imposing but remain subordinate to the dwelling which retains its key traditional features in the form of pitched roof, slate roof finish, gable chimneys, stone/lime render and timber finish; with the building retaining the character that makes the works compliant with Planning Circular 3/91.
7.2.3 Granting planning Circular 3/91 would usually favour a pitch or lean-to roof over the extension elements as the supporting texts and illustrations to Policy 3 stipulate that additions to basic form (flat roofs) are not acceptable, the flat roof would enable the addition of the roof terrace which would serve to enable the enjoyment of the countryside and its heritage. Besides, most of the wrap round extension would be concealed by the raised rear garden and retaining walls, making these works particularly subordinate.
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7.2.4 Additionally, it is not considered that the proposed extension and terrace over would result in an undue increase in the buildings floor area as the about 48sqm increase in floor area would only result in a further 14.7% increase in floor area added to that created when the existing barn on site was converted to a dwelling approved under PA's 05/00375/B and 08/00510/B. As such, it is not considered that this level of increase would be averse to the requirements of Housing Policy 15 and general policy 2 of the Strategic Plan.
7.2.5 In terms of the visual impact of the garage, it is considered that the double garage proposed (with external timber finish as parts of the main dwelling), while at a fairly detached location, would still appear subordinate to the main dwelling, given its location within the mature boundary treatment created by the mature trees, shrubs and sod hedges on the boundary. The timber finish would also ensure that garage would not detract from the character of the site, locality and surrounding landscape which has significant tree cover. As well, the proposed build of the garage conforms to the stipulated proportion, form and layout of residential buildings in the countryside as articulated in Policies 3 and 4 of Planning Circular 3/91 (Guide to the Design of Residential Development in the Countryside), and as such would not be detrimental to the appearance of the existing property on site. The proposed location on the other side of the D51and within the site area is also not considered to be at variance with residential properties in Colby and particularly along Colby Glen Road where dwelling are separated from garaging and parking provisions.
7.2.6 Based on the foregoing, it is considered that the proposed scheme would not increase the impact of the building on the character of the site or the surrounding countryside but would ensure that the building fits seamlessly into the character of the site and the area which is thickly vegetated by trees and shrubs. As such, it is considered that the scheme would comply with Housing Policy 15 and Environment Policy 1.
7.3 Impact on Neighbours (GP 2 and the RDG) 7.3.1 The key considerations in terms of impact on neighbours are risks of overshadowing and/or overlooking and loss of privacy to dwellings within 20 metres of the site dwelling. In the case of the current scheme, the nearest neighbour to the application dwelling 'Smithy Cottage', which is situated about 98.2m east of the proposed extension, with the existing trees and mature landscaping on the site boundaries, as well as the site topography serving to further screen the development from these neighbours. As such, it is not considered that there would be any detrimental impact on the neighbours.
7.4 Other Matters 7.4.1 The comments regarding the definition of site boundary are noted. However, the scheme does not propose to alter the residential curtilage or redefine the boundaries, as no part of the application proposes changes to the site area. Besides, the site area within this scheme is no different from that assessed under PA 08/00510/B which enabled the creation of the dwelling in its current form. As such, it is not considered that the definition of the residential curtilage altered or redefined by this application.
7.4.2 The comments referring to impacts on bats or other important species on and around the site are noted. However, the proposal does not propose to remove the roof, with only a small section to be removed to enable the chimney replacement. More so, the section of roof to be replaced is such that there are no crevices or opening to allow bat roosting as these are newly formed sealed roof sections. As well, no trees on site are proposed to be removed by this application. As such, it is not considered that the scheme would result in any adverse impacts on the species mentioned.
7.4.3 Whilst the site area encompasses the highway D51 which cuts across the site, the scheme does not propose any alterations to the means of access to the site and propose any enclosures that would impede the use of the highway. As such, it is not considered that there would be any impacts on the use of the highway. The other matters which have been referred
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to regarding closure of the highway are matters to be dealt with under other legislation outside planning as indicated by DOI Highways in their comments dated 12 August 2022. As such these would not form part of the assessment for the current application.
7.4.4 No new confined spaces with easy access to those outside the site would be created, which would serve as easy hideouts for criminal activity or antisocial behaviour. Likewise, the scheme would not impede easy access to fire apparatus to the rear of the dwelling, with the existing pedestrian access to the rear of the property via the patio areas retained. Therefore, it is considered that these elements of the scheme aligns with the requirements of Community Policies 7, 10, and 11.
8.0 CONCLUSION 8.1 The application is considered to align with the principles of Housing Policy 15 and Planning Circular 3/91, and will have no unacceptable impact, and as such is recommended for approval.
9.0 INTERESTED PERSON STATUS 9.1 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.
9.2 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 in Article 4(2) who should be given Interested Person Status. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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: 05.09.2022
Signed : P VISIGAH
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
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