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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/00607/B Applicant : Mr Mark Patrick & Miss Kathryn Anne O'Meara & Newton Proposal Refurbishment of derelict house and barns plus construction of linking extension to form a new dwelling; construction of detached garage / store and creation of new vehicle access using adjacent field Site Address Rollage Ny Twoaie Sloc Road Earystane Colby Isle Of Man IM9 4BW
Case Officer :
Mr Paul Visigah Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 18.07.2022
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 development hereby approved shall be carried out in strict accordance with the submitted mitigation scheme detailed in 5.1 of the Preliminary Ecological Appraisal (Pages 31 - 33) prepared by Katy Watson Consulting's and dated 11 July 2022, to provide appropriate mitigation for ecological species within the site and immediate locality.
Reason: To safeguard a statutorily protected species.
C 3. Notwithstanding the provisions of the Mitigation detailed in 5.1 of the PEA, all new and replacement tree planting which is carried out as mitigation to replace trees or boundaries removed as part of the development shall be native species.
Reason: In the interests of protecting and enhancing the biodiversity of the environment.
C 4. Prior to the commencement of the development hereby approved, an on-site Montbretia, Spanish bluebell and Cotoneaster Control Plan which sets out measures to remove and prevent the spread of these non-native invasive plant species shall be submitted to and approved in writing by the Department. The development shall not take place other than in accordance with that Plan.
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Reason: To ensure the eradication of Montbretia, Spanish bluebell and Cotoneaster which are known to be present on site during the construction phase of the approved development.
C 5. The development hereby approved shall not be occupied or operated until the access/driveway, parking and turning areas have been provided in accordance with the approved plans (Drawing Nos. 09 and 10). Such areas shall not be used for any purpose other than for access, parking, and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that the development will not compromise the free flow of traffic or highway safety.
C 6. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved. Details of the landscaping works include, but not limited to, details of landscaping/pedestrian paths to the front of the dwelling. All further planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials which should be dark in colour. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwellings hereby permitted.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 7. No development shall take place until further details of the roadside boundaries have been submitted to and approved in writing by the Planning Department. Such detail should include existing and proposed roadside elevation drawings and existing and proposed sectional drawings, and shall clear details works to be carried out on the boundaries. These works shall be carried out as approved and thereafter retained as such.
Reason: To control development in the interests of the amenities of the surrounding area.
C 8. 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 fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of the dwelling house without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area and to control future development on the site.
C 9. 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) there shall be no extension, enlargement or other alteration of the dwelling hereby approved, nor the erection of any free-standing structure within its curtilage (including any garage, shed or greenhouse) without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area and to control future development on the site.
C 10. All external facing materials shall remain as shown on the plans and specified within the list of external finishes on the Planning Statement and submitted Drawings, 13. 14 and 15, received 13 May 2022. No new types of materials shall be added to the external elevations of the development, hereby approved.
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Reason: In the interests of the character and appearance of the site and surrounding area.
C 11. No development shall take place until further details of the new access lane boundaries through Field 410112 have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved and thereafter retained as such.
Reason: To control development in the interests of the amenities of the surrounding area.
This application has been recommended for approval for the following reason. The works themselves are considered to respect the proportion, form and appearance of the existing buildings as required by Housing Polices 11 and 13, and General Policy 2, and would not harm the character and quality of the landscape or adversely affect the countryside and its ecology, and therefore comply with Environment Policies 1, 4 and 5, and General Policy 3 of the Strategic Plan.
Plans/Drawings/Information; This decision relates to the Planning Statement and Drawing Nos. 01, 02, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, and 17 received on 13 May 2022. __
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Manx National Heritage
It is recommended that the following organisation 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 6(4):
The Isle of Man Natural History & Antiquarian Society as they do not own or occupy property that is 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 and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THIS APPLICATION IS REFERRED TO COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE 1.1 The site is the curtilage of Rollage-ny-Twoie (formerly Croit E Kirkjufal) which is an abandoned and derelict dwelling located on the eastern side of the Ballakillowey Road and north-west of Colby Village. Within the site are three existing detached buildings, the traditional two storey Manx farmhouse, a single storey stone barn and a two storey stone barn.
1.2 The site is currently accessed via an entrance to the southwest of the farmhouse.
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1.3 The buildings on the site can be seen from the Sloc Road (A36). The views of them are from a number of locations to the north and south of the site, being distant views and views immediately adjacent to the site given the A36 runs immediately adjacent and along the western boundary of the site.
2.0 THE PROPOSAL 2.1 The current application seeks approval for refurbishment of derelict house and barns plus construction of linking extension to form a new dwelling; construction of detached garage / store and creation of new vehicle access using adjacent field.
2.2 The various components of the proposed works would involve: 2.2.1 Repairing and restoring the stonework to the existing buildings, the main house and the barns, removing cement pointing and areas of render, then re-pointing with lime mortar, allowing the stone walls to breathe and function as intended, re-rendering the house with lime render. The stonework to the existing chimney stack and wall to the Sloc road gable end would be repaired to ensure its stability.
2.2.2 The rear lean-to of the existing house is to be removed (19sqm) with the stone being retained on site for repairs to other buildings and landscaping elements.
2.2.3 The existing buildings would have replacement roofs in natural slate finish installed over. The two barn roofs will each have 3 rooflights in the north-facing roofs. The small lean-to barn roof will have a new insulated corrugated metal roof. The existing small porch roof (and the small store to the north side of the main barn) retain their stone roofs; these will be refurbished and retained.
2.2.4 All replacement windows will be timber framed with a single undivided pane. The applicants argue that the windows will be distinguished as new and relating to the refurbishment, rather than adopting a historical sash window that may be appropriate to the house but not when infilling the previous door openings to the barns. They note that whilst not strictly recreating the historical character of original windows, this modern approach has been successfully adopted on properties around the Island and elsewhere without detracting from the overall character of the property. They state that the single-pane windows will significantly improve views from the property and thereby improve the amenity of the inhabitants.
2.2.5 A new link extension would be created to connect the main farm building and two barns to form a single larger dwelling. The link building is proposed as a more lightweight timber- frame structure to contrast with the more traditional Manx stone masonry structures of the existing buildings. As an expression of this more lightweight approach, the link would be clad in timber boards. In order to reduce the massing of the link (in relation to the previous approved proposal) it is firstly proposed that the link is single-storey only and secondly that it has a flat roof rather than a pitched roof. This link extension will have a flat roof construction which will provide the opportunity to accommodate a 'green roof' with local grasses and wildflowers offering a biodiversity benefit. The new roof eaves of the link extension will generally sit at or below the existing buildings' eaves level. The applicants argue that this approach would ensure that the link section, first of all, remains clearly subservient to the existing buildings, connecting them in a more 'low key' manner than the previously approved proposals, and also ensures that the new section remains visually distinct.
2.3 Other works proposed would include: i. Creating a new vehicle access via the perimeter lane rather than directly to the Sloc Road. The applicants argue that although a longer driveway would be required (increased from 21 to 58m), the effect is to significantly reduce the loss of hedgerow from the previous approx. 90m to approx 5m. The track would be hardcored and finished with gravel. The also state that this approach has been developed in discussion with officers of the DoI Highways Services team.
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ii. Installing a new chimney flue in the corner of the snug within the link extension to serve a log burning stove.
iii. Creating a garage/ store built up from existing stone walls with flat (green) roof below the level of the Sloc Road boundary wall north of the existing buildings.
iv. Installing new velux rooflights over the accommodation created from the converted barns.
v. Installing a new air source heat pump which would be positioned at the rear of the new utility room.
3.0 PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the South as Open Space not designated for development and within a wider area of Uplands on the Landscape Character Appraisal, and the site is designated as an 'Area of Ecological Importance - Draft' (Map 1 - Constraints). The site is not prone to flood risks although the southern sections along the boundary are considered to have low likelihood of flood risks. There are no registered trees on site, and the site is not within a registered tree area. The Area Plan contains the following advice on the landscape policies:
3.2 Landscape Strategies and Key Views for the South 3.2.1 Southern Uplands (A2) The overall strategy for the area is to conserve and enhance the character, quality and distinctiveness of the open and exposed character of the moorland, its uninterrupted skyline and panoramic views, its sense of tranquillity and remoteness and its wealth of cultural heritage features.
3.2.2 Key Views Open and expansive panoramic views out to sea and over the southern portion of the Island. Distant views in some areas enclosed by the surrounding peaks.
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 provision within Housing Policy 13 to enable the reinstatement of rural dwellings which have lost their former residential use by abandonment through the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost. There is also support within General Policy 3 (b) and Housing Policy 11 for the conversion of redundant rural buildings which are of architectural, historic, or social value and interest.
3.4 Housing Policy 11 states: "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
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(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.
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."
3.5 Housing Policy 13 states: "In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost. Where: a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and b) there is an existing, usable track from the highway; and where c) a supply of fresh potable water and of electricity can be made available from existing services within the highway.
This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement buildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space(3) measured externally, the extension measures less than 50% of that of the original)."
3.6 Since the proposal seeks to re-establish the residential status of the site, it would 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 Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
3.8 Transport Policy 4: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
3.9 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
3.9.1 Appendix 7: "Typical Residential - 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling".
3.10 Environment Policy 1 states: "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
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outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
3.11 Environment Policies 4 and 5 seek to protect the ecology of sites and important habitats.
3.12 Strategic Policy 4: Proposals for development must: (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance.
3.12 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".
5.0 PLANNING HISTORY 5.1 The application site has been the subject of the following previous planning applications which are considered relevant to the current application:
5.2 PA 99/00906/A for Approval in principle to reinstate former dwelling and outbuildings. This was refused by the Planning Committee on 1 October 1999, and also refused at Appeal.
5.3 PA 14/01420/B for Refurbishment of existing farmhouse and barns with link extension to create a dwelling with guest annexe and detached garage. This was approved by the Planning Committee on 5 May 2015. The principles of reinstating the dwelling on site was accepted under this application, with eight conditions imposed to control the timing of development, parking, landscaping, roadside boundaries, permitted development rights, materials, staff and guest accommodation, and visibility splays. This application was also the subject of an appeal which was approved on 23 September 2015.
5.3.1 The Inspector's assessment for the appeal states thus: "24. I consider that the main issue in this appeal is the effect of the proposed refurbishment, extension, garage and access on the character and appearance of the surrounding rural landscape.
The collection of derelict buildings on this remote site is a well-known landmark in this part of the Island. The farmhouse is particularly prominent to passers-by on The Sloc.
I consider that the proposed works to the farmhouse and its barns would be sympathetic in terms of scale, design and materials. It is their conglomeration into one large dwelling, by the construction of the proposed link building, which would have the greatest visual impact.
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However, to my mind, when viewed from The Sloc, the farmhouse would still be the most prominent feature; the old and new buildings connected to it would be lower and not so visible.
The large 2-storey window on the east elevation of the link building, to which the appellants take exception, would be visible only to the occasional walkers and drivers 4 on the track to Scard, and then only for a short distance. In my view, it is not something that warrants a refusal of the scheme.
Furthermore, I consider that the new garage and access would not materially affect the character of the site. Only the uppermost part of the garage's roof would project above the roadside bank. The new access would be where there is already a field gate, and it has the potential to be much safer than the existing vehicular access.
I have assessed the proposal against Housing Policies 11 and 13 in the IoMSP and consider that their criteria are all met to a sufficient extent. Amongst the objectives of these policies is the improvement of the appearance of rural buildings and abandoned rural dwellings that might otherwise become derelict, particularly those that reflect the Island's agricultural and social changes. In my view, the proposed development satisfies that objective. The existing farmhouse would look bigger than it does now; but, unless a viable use is found for it, it will continue to deteriorate until it becomes a ruin that is beyond repair. A much-loved landmark would then be lost forever.
In the light of the above, I have found that the proposed works would not have a materially harmful effect on the character and appearance of the surrounding rural landscape, in accordance with Environment Policy 2 of the IoMSP."
5.4 PA 19/00966/B for Variation of condition one of PA 14/01420/B, Refurbishment of existing farmhouse and barns with link extension to create a dwelling with guest annexe and detached garage, to extend the period of permission by four years. This was approved on 16th October 2019, and enabled the extension of the timing of the development by another 4 years. All the approval conditions imposed under PA 14/01420/B are still applicable to this scheme which is still extant.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that the proposal raises no significant road safety or highway network efficiency issues. Accordingly, DOI Highways raises no opposition to the proposal subject to all access arrangements to accord to drawing No. 09 and 10 (8 June 2022).
6.2 DEFA's Biodiversity Officer: 6.2.1 Comments received 9 June 2022: o They request that determination of this application is delayed until this report has been received and reviewed with comments and requests for conditions on approval provided. o They note that the likely ecological considerations for the site are viviparous lizards and breeding birds.
6.2.2 Comments received 12 July 2022: o They confirm that Katy Watson Consulting's Preliminary Ecological Appraisal (PEA) for Croit-E-Kirkjufal, dated 11 July 2022 is all in order and that a suitable level of assessment has been undertaken. o They state that in order to ensure that an offence is not committed under the Wildlife Act 1990 and that there is no net loss for biodiversity on site, the mitigation measures detailed in 5.1 of the PEA should be secured as a condition on approval.
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o They note that section 5.1.7 of the PEA states that planting of native trees should be included to enhance the Site's ecological value and to replace any trees or boundaries removed as part of the development, and request that a condition is secured for a native tree planting plan be submitted to Planning for written approval. o They note that Section 5.1.8 of the PEA states that invasive species should be removed as soon as possible to prevent the spread of the species (Spanish bluebell and cotoneaster were found on site, and also note that montbretia is also present on site. As such, they request that a condition is secured for an eradication plan to be provided to Planning for written approval. o They state that they do not believe that it is necessary for the details to be provided prior to development commencing, as this would unduly delay works, and would be satisfied that these are provided at some stage within the development.
6.3 Manx National Heritage has made the following comments regarding the application (8 June 2022): o They note that there is information regarding the potential for roosting bats or nesting birds including swallows, a bird that frequently nests in old buildings. o They request that in order to comply with Environment Policy 4 of the Isle of Man Strategic Plan and the Wildlife Act 1990, a preliminary assessment for roosting bats be undertaken prior to determination of the application. o They provide advice on when bat surveys should be carried out. o They advise that where hedgerows, trees and scrub are present a check must be carried out prior to any works for nesting birds.
6.4 The Isle of Man Natural History and Antiquarian Society has made the following comments regarding the application (1 August 2022): o They visited this site a few weeks ago and learnt how the applicants were proposing to renovate the property and utilise materials and methods such as lime pointing to bring the buildings back to life in a manner which is sustainable and in line with climate change considerations. o They fully supports the creation of the proposed new access off the Scard Road due to the difficulty in using the current access. o They wish to record their support for this application which they believe to be a very good example of how Manx farmsteads, whether derelict or not, should be considered for renovation and rehabilitation in line with Isle of Man Strategic Plan Housing Policy without resulting in a substantial new build property. o They are somewhat surprised at the DEFA request for a condition requiring a native tree planting scheme. They note that the site is exposed and lies at 600ft above sea level with only two trees shown on the existing site and not in good condition. As such, they believe that in view of the other ecological benefits that are being proposed on the site and its traditional open nature that tree planting may look out of place and that in any event it should be left to the applicants to decide whether they wish to carry out such a scheme rather than being forced into by way of planning condition.
6.5 The Arbory and Rushen Parish Commissioners have stated that they have no objections to the application in a letter dated 30 June 2022.
6.6 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The main issues in the assessment of this application are: i. The principle of the proposed development ii. The structural condition of the buildings and their adequacy for renovation and conversion; iii. Impact of the proposal upon the character of the buildings; iv. Impact of the proposal upon the amenity of the landscape; v. The ability to provide services to the property and the associated impact of this.
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vi. Impacts upon highway safety vii. Impact on ecology;
7.2 The Principle (GP 3 (b) & HP 11) 7.2.1 In assessing the principle of the proposed development, it is considered that whilst the site is not designated for development, the principle of reinstating and converting the existing structures has already been established and accepted in the previous planning applications (PA's 14/01420/B and 19/00966/B). It is also vital to note that there is support such works clearly articulated in General Policy 3 and Housing Policy 11. Given the above, it is considered that the principle of the proposed scheme is acceptable and compliant with the aforementioned policies within the Strategic Plan.
7.2.2 Additionally, the scheme would ensure the reinstatement of a derelict property (old farm dwelling and redundant/derelict farm buildings) which still bears architectural, historic, or social value and interest. This is, however, not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the current scheme proposed for the site is appropriate.
7.3 The structural condition of the buildings (HP 11 & 13) 7.3.1 In terms of determining the suitability of the existing structures on site for renovation and conversion, it is vital to reiterate here that the existing dwelling on site has lost its habitable status. Albeit, it could be argued that the buildings are substantially intact as most of the walls are still substantially intact, although they would still require some works to ensure that any new building they form is habitable. In fact, the current state of the buildings on site is well above that required by Housing Policy 13 which requires that there being at least three of the walls, standing up to eaves level and structurally capable of being retained.
7.3.2 In addition, Housing Policy 11 has a similar requirement, stating that the building in question must be substantially intact and structurally capable of renovation. Whilst the current application is not accompanied by a Structural report, it was established in the previous application PA 14/01420/B, which is still extant, given the permission to extend the period of permission by four years under PA 19/00966/B, that "the buildings are adequately robust and suitable for conversion to a dwelling. This was well demonstrated in the structural report prepared by John Gray Consulting Structural and Civil Engineers, and dated 2 March 2015. Based on the foregoing, it is judged that the buildings are of such a condition that they accord with the requirements of HP13 and HP11.
7.4 Visual Impact of the proposal upon the character of the existing buildings (HP 11 & 13, GP 2) 7.4.1 In assessing the visual impact of the proposal on the existing dwelling, it is noted that the proposal seeks to form a single dwelling from the fabric of the existing farm house and two existing barns on site by linking them together via a flat roofed timber framed and clad extension with green roof over. Both HP13 and HP11 make provision for re-establishing the ruined fabric and extensions, each placing emphasis on the need to ensure that any new extensions are subordinate to the building to which they would be attached. HP13 allows for extensions that are subordinate to the main building and stipulates that such extensions should be no greater than 50% of the existing in terms of floor area; if the new dwellings are formed in accordance with HP 13 (a).
7.4.2 In the case of the current scheme, the goal is not to reinstate only the existing building with extensions added, as stipulated by HP 13 (a), but to create a new dwelling from the existing farm house and a number buildings (barns) within the site. As such, HP 11 would be more appropriate, although parts (b & c) of HP 13 which relate to access and services would still be relevant and would be assessed in the later sections of this report.
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7.4.3 In terms of the requirements of HP11, it is considered that the existing buildings are of architectural, historic, or social interest and as such should be retained. It is also noted that this policy allows for extensions to converted rural buildings provided that they are modest and subordinate so as to not affect adversely the character or interest of the building. This relates mainly to the formation of a dwelling from the outbuilding where the building is too small to form a dwelling without such an extension. This proposal does not involve the formation of a dwelling from the outbuilding, rather to include it in the creation of a dwelling by linking the existing abandoned farmhouse to two outbuildings. As such, it is judged that the provision for making extensions to outbuildings to form a dwelling can only be loosely applied in this case, although it should be noted that the existing floor area of the existing buildings that would form the new dwelling measures 304sqm, with the extension creating a floor area measuring 89sqm which would only amount to 29% of the existing building footprint measured externally. Thus, it is considered that the requirements of HP 13 would be met in this regard.
7.4.4 The other key issue in evaluating the visual impact of the proposal relates to whether the design, proportion and form of the link extension would be an appropriate given the traditional nature of the existing buildings here. Granting it would have been more appropriate for the link extension to have a pitch roof over, as Planning Circular 3/91 would usually favour a pitch or lean-to roof over the extension as the supporting texts and illustrations to Policy 3 of the Circular stipulates that additions to basic form (flat roofs) are not acceptable, the flat roof would ensure that would ensure that the key features of these traditional buildings (pitch roof and Manx Stone finish) are not obscured by the addition of the extension. Besides, the low flat roof would ensure that the extension appears as a contemporary but subordinate addition to the dwelling. As well, the flat roof would enable the creation of the green roof which would be well-suited to this site and its ecology.
7.5 Impact of the proposal upon the landscape (SP 4, GP 2 (c & f), and GP 3 (c)) 7.5.1 With regard to impacts on the landscape, it is considered that the existing buildings have a presence within the landscape and it is a matter of personal opinion as to whether their impact is positive or negative. Albeit, it is considered that buildings such as these should remain as they are, providing a visual reference to the Island's farming past. What is proposed here would retain the buildings which are now an established part of the landscape, with a new timber link extension created to make the new building more functional and fit for contemporary living.
7.5.2 In view of the fact that the development would retain significant portions of the built fabric for the affected rural buildings, it is noted that the development will ensure the retention of the Islands built heritage, and improve the appearance of what has now become a derelict fabric; thus complying with Paragraphs 8.10.1 and 8.10.2 of the Strategic Plan on the Conversion of Rural Buildings to Dwellings.
7.5.3 Whilst the new building fabric would include a flat roofed timber element, the design and form of this extension, as well as the nature of the land around the site (particularly from the abutting highway would ensure that the extension is not prominent or result in adverse visual impacts when viewed from the surrounding area. Besides, the timber frame construction provides the opportunity to reduce the impact of the new construction on the existing buildings, with the timber cladding which would weather with time also serving to ensure the extension blends with the site and surrounding landscape which has a lot of greyed out stone boundary walls and charred/scorched hill tops.
7.5.4 Another key factor which weighs in favour of the development in terms of impacts on the landscape is the fact that the proposal would include significant levels of environmental improvement such as the addition of the green roof (with local grasses and wildflowers) over the link extension, reducing disturbance to hedgerows on the site perimeter, as well as other improvements that have been stipulated in the Preliminary Ecological Assessment such as
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planting of native trees on site, and removal of invasive plant species would all benefit the quality of the landscape on site and in turn the surrounding countryside landscape.
7.6 Residential amenities and services for future occupant (HP 11, 13 and GP2 (h & j)) 7.6.1 The internal accommodation of the proposed dwelling consists of a three bedrooms (one ensuite), living room, open plan dining/kitchen, utility, lobby, snug and two bathrooms at ground floor level, whilst the accommodation within the upper floor would accommodate two bedrooms and a sitting room/ games room. It is also considered that the internal accommodation would be an acceptable size, and all primary rooms would have adequate level of outlook and light. It is also worth noting that due to the properties location, views from the dwelling itself would be over fields and surrounding elevated landscapes.
7.6.2 Dwellings formed in accordance with HP13 are required to be able to obtain a supply of fresh potable water and of electricity from existing services within the highway. There is, however, nothing to suggest that this cannot be achieved as there are existing dwellings located along the Sloc Road and within about 170m from the application site. The site is also not so detached from the neighbouring properties that it would not benefit from main electricity services. Besides, its position within the landscape is such that would benefit from solar energy sources should they be required. It is considered that such provision could be made in a manner which would not have unacceptable impacts upon the countryside.
7.7 Impacts upon highway safety (GP 2, HP 13, TP 4 and 7) 7.7.1 In terms of impacts on highway safety, it is considered that HP13 requires at Part b) that there is an existing, usable track from the highway to serve a dwelling formed from an abandoned (non-habitable) dwelling. In this case, the dwelling already has an existing access to the highway. However, the current scheme proposes to create a new access at the rear linking to an existing perimeter lane (track) which runs from the rear of the site and connects to the Sloc Road. This change has been informed by the fact that the new access would significantly reduce the loss of hedgerow from the previous approx. 90m to approx. 5m, which is a significant improvement over using the existing access which would need to be improved to create a suitable access. This track has better visibility unto the Sloc Road and as such would benefit highway safety.
7.7.2 It is also important to note that the new site would have access to four parking spaces and turning areas with gravel finish within the curtilage, as well as an additional garage space which would be well over the required parking provisions for residential properties. As such, the requirements of GP2 and TP 7 are met in this regard.
7.7.3 Additionally, the Highways Division have reviewed the scheme and raise no opposition to the proposal subject to all access arrangements to accord to the submitted drawings.
7.8 Impact on site Ecology/trees (GP2, EP 1, EP4 & SP 4) 7.8.1 The proposal does not include the removal of one tree, although new native trees would be planted on site as required by the PEA which would be a positive for the development. It is also proposed to plant several areas of local grasses and wildflowers over the green roofs which would be beneficial for the site given is situation within an 'Area of Ecological Importance (Area Plan for the South Map 1 - Constraints).
7.8.2 It should also be noted that the application is supported by Preliminary Ecological Appraisal (PEA) which have been carried out by Katy Watson Consulting's. The report concludes that due to the site being outside any likely impact risk zone for the Niarbyl Bay Marine Nature Reserve which is the closest designated site, it is deemed highly unlikely that the development will have any negative impacts on the Marine Nature Reserve and as such no further survey or mitigation is needed in this regard. The report also concludes that the site is predominately species-poor semi-improved grassland which are considered valuable at a site level. However, no specific recommendations are proposed in relation to the grassland areas of the site.
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7.8.2 In terms of impacts on species within the site, the PEA concludes that no specific habitat improvements are considered necessary as it is deemed there will be no net loss in basking and foraging habitat. This report has also been commented on and accepted by DEFA Ecosystems Officer and in this respect it is felt that the application has satisfied the principles of Environment Policy 4. Conditions would, however, be imposed to ensure that the required mitigation measures recommended are implemented.
7.8.3 Based on the foregoing, it is judged that the implementation of the requirements of the PEA, particularly as it relates to sections 5.1.7 and 5.1.8 which would be secured with conditions would ensure that there is no net loss for biodiversity on site, with the ecological value of the site enhanced; conditions that would serve to ensure the scheme aligns with the requirements of Environment Policies 4 and 5, as well as General Policy 2 (d).
7.9 Other Matters 7.9.1 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. The proposal would also enable access into the site for fire-fighting vehicles should they be required. As such, it is considered that these elements of the scheme aligns with the requirements of Community Policies 7 and 10.
7.9.2 No other concerns have been noted.
8.0 CONCLUSION 8.1 Overall, it is considered the proposal would comply with General Policy 3, Environment Policies 1, 4 and 5, and Housing Policy 11 & 13 of the Isle of Man Strategic Plan and therefore it is recommended that the application be approved.
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 above who should be given Interested Person Status
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
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I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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: 08.08.2022
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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 08.08.2022
Application No 22/00607/B Applicant Mr Mark Patrick & Miss Kathryn Anne O'Meara & Newton Proposal Refurbishment of derelict house and barns plus construction of linking extension to form a new dwelling; construction of detached garage / store and creation of new vehicle access using adjacent field Site Address Rollage Ny Twoaie Sloc Road Earystane Colby Isle Of Man IM9 4BW
Planning Officer Mr Paul Visigah Presenting Officer As above Addendum to the Officer Report
In response to comments from the agent about timing, the committee accepted the amended recommendation from the case officer which replaces condition 4 with the below.
Within 6 months of the date of the approval hereby given becoming final, an on-site Montbretia, Spanish bluebell and Cotoneaster Control Plan which sets out measures to remove and prevent the spread of these non-native invasive plant species shall be submitted to and approved in writing by the Department. The development shall not take place other than in accordance with that Plan.
Reason: To ensure the eradication of Montbretia, Spanish bluebell and Cotoneaster which are known to be present on site during the construction phase of the approved development.
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