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22/00501/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00501/B Applicant : Mr & Mrs Duncan And Lisa Gerry Proposal : Single storey extensions and change of use to tourism unit. Site Address : Lakeside Patrick Road St Johns Isle Of Man IM4 3BP
Senior Planning Officer: Mr Jason Singleton Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 21.04.2023 __
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 change of use of the 'Fishermans Hut' hereby approved shall not be occupied at any time other than for purposes incidental to the enjoyment of the residential use of the dwellinghouse, also known as 'Lakeside', and shall not be separated, sold off or occupied as an independent dwelling unit.
Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.
C 3. The development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as a separate dwelling. The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.
Reason: To ensure that the development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate dwelling in the countryside.
C 4. There shall be no external lighting of the development hereby approved other than in accordance with the lighting shown on the approved drawings.
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Reason: In the interests of the character and appearance of the site and surrounding area.
C 5. The proposed development hereby approved shall be externally cladded where shown on drawing 2 with natural timber only and retained in perpetuity.
REASON; To ensure the level of finish is appropriate for the rural setting.
C 6. The building hereby approved, shall be drained as per the existing arrangement as noted in the application. There shall be no discharge of waste water or rain water from the building in to the River Neb.
REASON: To prevent any cross contamination of the River Neb in terms of ecology and biodiversity.
N 1. The applicant is advised to contact Fisheries (tel. 685857, or email [email protected]) to discuss method statements and arrange an initial advisory site visit in conjunction with the DEFA Environmental Protection Unit
N 2. INFORMATIVE NOTE Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such an air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative, permitted heating system proposed.
This application has been recommended for approval for the following reason. The conversion of the existing fishermans hut would not adversely impact upon the visual amenities of the countryside setting and landscape and have no impacts upon private or public amenities and therefore comply with EP 5 and HP 11 and EP 1 of the IOM Strategic Plan.
Plans/Drawings/Information; This decision relates to drawings and supporting information received on 20 April 2022, referenced; Location Plan, Site Plan, Existing PL01, Proposed PL02. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The application site is the residential curtilage of Lakeside, Patrick Road. St Johns. The property sits on the northern side of the A30 Patrick Road which links St. John's with the hamlet of Patrick. The house is situated about 209m from the road and accessed via a long driveway which curves around the trees and the large lake which is close to the site frontage. To the east of the lake is a former fisherman hut and additional storage outbuilding.
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1.2 The dwelling and outbuildings are not publicly visible from Patrick Road, being screened by existing trees which surround the site and along long stretches of Patrick Road. The site is heavily treed, particularly along the southern and eastern boundaries of the site, and along the western boundary to the large lake on site. The site contains a former fish farm, with the large pond and a reclaimed are that once was smaller ponds.
1.3 Access to the site is via a bridge over the River Neb which connects the highway with the long driveway serving the site.
1.4 The property is situated at considerable distance from all its neighbours, with the nearest neighbour 'Inglenook' situated about 173.4m south of the application site, separated by the highway, large areas of mature landscaping and pond.
2.0 THE PROPOSAL 2.1 proposed is a single storey extension to the south elevation (3.3m x 3.7m) to provide for an additional bedroom and a rear extension to the east elevation (1m x 1.9m). The submitted floor plans show a reconfiguration of internal space to offer an open plan lounge kitchen diner a separate show and sauna room and two bedrooms. Shown on the plans are decking area to the south and west elevations.
2.2 Also proposed is the use of the property to allow for tourist accommodation overlooking the lake.
2.3 The proposals seek to have a level of finish that notes the use of a green living roof, vertical timber/composite cladding and painted white render sections with the replacement of UPVC framed dark grey windows to the existing fenestrations.
3.0 PLANNING POLICY 3.1 The site lies within an area of High Landscape Value and Scenic Significance not designated for a particular purpose on the 1982 Development Order, and the site is not within a Conservation Area. The site is considered to have low surface water flood risk. There is no registered tree on the site, and the site is not within a registered tree area, although the entire eastern boundary of the site abuts a registered tree area.
3.2 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 2 General Development Considerations (a-n) 3 Exceptions to development in the countryside
Environment Policy 1 Protection of the countryside and its Ecology 2 Protection of the character of AHLV 16 Use of rural building for tourism 22 Protection of the environment from statutory nuisances
Business Policy 11 Conversion of rural building to tourist use 12 conversion of redundant buildings in the countryside to tourist 14 Tourist development in rural areas
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Transport Policy 4 Highway safety 7 Parking provisions
3.3 Other Material Considerations The Residential Design Guidance (March 2021) which provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of any development on the living conditions of those in adjacent residential property.
Tourist policies; 3.4 IoM Visitor Economy Strategy 2022 which provides the strategic plan for growing the Island's Visitor Economy over the next 10 years through to 2032.
3.5 IOM Govt Island economic strategy 2022, set out the direction on investment and economic security for the next 10 years and highlights the importance of year round tourism and growing part of our Island's proposition for both visitors and residents.
4.0 PLANNING HISTORY 4.1 The application site benefits from the following historic approvals; 88/04098/A - Approval in principle to erect dwelling, 89/00804/B - Erection of fish farmworker's cottage, 84/00837/B - Re-roofing of outbuildings and rebuilding of shed to form garage 84/00033/A - approval in principle, extensions to bungalow 84/00528/B - Alterations and extensions to form additional living accommodation.
4.2 The dwelling house was recently gained approval under 21/01489/B for Installation of two Air source heat pumps.
5.0 REPRESENTATIONS (in brief, full reps can be read on line) 5.1 Patrick Commissioners (17 June 2022) No Objection 5.2 DoI Flood Risk Management (16 May 2022) No Objection 5.3 DoI Highways Development Management (19 May 2022) No Objection 5.4 DEFA Environmental Protection Unit (23 May 2022) Seeks additional information on the drainage and use of the hot-tub for filling and emptying. 5.5 DEFA Fisheries (23 May 2022) seeks information on discharge of effluent in to existing and concerned about any contamination of the River Neb; No illumination of the River Neb; contact Fisheries to discuss a method statement prior to any works.
5.6 DfE Visit IoM - (19/04/2023) comments to support the application; "The Our Island Our Future Visitor Accommodation Transformation Strategy 2022-2032, endorsed by Tynwald in May 2022, includes a Visitor Accommodation Transformation Action Programme that seeks to develop 500 new and transformed hotel and serviced accommodation bedrooms and 500 new units of distinctive, contemporary, eco-friendly non-serviced accommodation to support visitor number growth over the next 10 years. The planning application submitted shows a single unit which is contemporary in design, in fitting with the environment and has elements which would be of high value to the visitor. Well-designed rural accommodation is important to support the strategy and ensure the Island has a diverse accommodation stock to respond to visitor requirements. For the reasons set out above, Visit Agency Officers have no objection to this proposal".
6.0 ASSESSMENT (i) Principle
(SP5,8; GP3; EP11,12,16)
(ii) Design
(STP5; GP2b,EP16) (iii) Visual impact
(Ep1,2; GP2c) (iv) Neighbouring amenities
(GP2g, EP22) (vi) Highway Safety
(Gp2h&I, TP4&7)
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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 in a private enclosed setting around a large lake 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 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. This proposal would be introducing a new element of use to the property merely for repurpose of an outbuilding and extending for tourist 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 was formerly used as a fishermans hut as part of the wider fish farm that is bisected into two rooms with its own toilet and shower provisions in conjunction with the former fish farm and adjacent residential dwelling, which if converted would provide for tourist accommodation. The former use can be now said to be redundant and the building currently sits empty as part of the wider use of the site as a private domestic dwelling. Given the uniqueness of the situation, as a former fish farm, its conversion would not be seen to prejudice any use of the dwelling house and would be an appropriate use of the existing building for tourism in principle adjacent to the lake.
6.5 Turning to the second aspect of Ep16 and its retention through conversion, the building was built in the mid 80's for a functional use and could be said to not necessarily have any historic, architectural or social interest and would not contribute through its retention to the built heritage. However, given its proximity to the lake and detachment from the dwelling house, it would be read as part of the overall setting here and would have a neutral impact in this sense through conversion, albeit not strictly in accordance with EP16b.
6.6 As such the principle use of the building for tourist use on site is acceptable, the level of redundancy can be demonstrated given the loss of the commercial fish farm and could satisfy the remaining criteria of Ep16 (c,d,e,f) for the conversion and adaption of the building would comply with Business Policy 11, 12 and subject to further assessment below.
(ii) Design
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6.7 The approach taken here is to use the existing form and to attach a subordinate extension to the south elevation to offer two bedrooms from an internal reconfiguration of the space. The extension would echo the existing built form and height and given the overall buildings exterior is to be re done and finished with vertical timber cladding and new windows and doors would then result in a uniform appearance. The use of a grass or living green roof also helps with the general appearance of the building and is a welcomed that would be in keeping with the rural setting.
6.8 Conversely if the building wasn't in existence and the applicants sought to erect a single storey structure or prefabricated building on the site for tourist use it would be broadly supported in planning use terms and further supported from a wider government agenda to promote more diverse tourism on Island as noted from the comments from Visit IOM in para 5.6 and would be an appropriate use of the site and complementary to the use of the site as a single dwelling house.
(iii) Visual Impact 6.9 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.
6.10 In terms of design, scale, height and appearance the proposal would not be considered to adversely affect the character and appearance of the countryside and given the amount of natural screening and remote location, the existing building is not visible from outside of the site. The existing small footprint with a low pitched roof with the addition of the proposed subordinate extension, would be unobjectionable in terms of visual harm.
6.11 Given the use of timber cladding would have a softer appearance that would be appropriate for this rural setting on the edge of the lake. (A condition can be added to ensure natural timber is used and weather s accordingly given its setting) As the exception to development in the countryside though Ep16 can be broadly met, and on balance the proposed conversion of the existing building to tourism is acceptable and widely supported by tourism department, in terms of visual harm the proposal would comply with Environmental Policy 1 and 2 of the strategic plan which sets out to protect the countryside from unwarranted development.
(iv) Neighbouring Amenities 6.12 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 properties are considerable distance away and on balance, the proposal would be considered to be compliant with those sections of General Policy 2(g)
(v) Highway Safety 6.13 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.
Other 6.14 The issue of drainage and any contamination from effluent to the River Neb is noted and the application form notes this is going to the existing. The issue of external lighting can equally be addressed through a condition through appropriate worded conditions.
7.0 CONCLUSION
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7.1 For the above reasons, on balance it is concluded that the proposal would 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 approval with conditions.
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: 24.04.2023
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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