Loading document...
==== PAGE 1 ====
22/01450/B Page 1 of 10
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01450/B Applicant : Mr & Mrs John & Sophie Kneen Proposal : Demolition of former cattle shed and existing store, erection of extension and conversion of existing barn into living accommodation for tourist and residential use Site Address : Ballaoates Farm Ballavagher Road St Johns Isle Of Man IM4 3JE
Senior Planning Officer: Mr Jason Singleton Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 10.05.2023 __
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. 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 13 - Greenhouses and polytunnels Class 14 - Extension of dwellinghouse Class 15 - Garden sheds and summer-houses Class 16 - Fences, walls and gates Class 17 - Private garages and car ports Class 18 - Domestic Fuel Storage Class 21 - Construction of decking Class 28 - Roof lights Class 29 - Solar Panels Reason: To control future development on the site.
==== PAGE 2 ====
22/01450/B Page 2 of 10
C 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the 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 sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 4. The change of use of the building and erection of an extension 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 'Ballaoates Farm', and shall not be separated, sold off or occupied as an independent planning unit of the curtilage of Ballaoates Farm.
Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.
C 5. Between April and September (inclusive), no person(s) shall occupy or use the accommodation for a single period or cumulative periods exceeding 28 days during those months.
Reason: To ensure that the development is only used and occupied as short-let holiday accommodation during the holiday season.
C 6. There shall be no external lighting of the development hereby approved other than in accordance with the lighting shown on the approved drawings.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 7. 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 8. No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details.
Reason: To provide adequate safeguards for the bats.
N 1. Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.
N 2. Bats are listed on Schedule 5 of the Wildlife Act 1990; they are protected by law and it is an offence to: intentionally or recklessly kill, injure or take a bat intentionally or recklessly damage or destroy, or obstruct access to, any structure or place which bats use for shelter or protection intentionally or recklessly disturbs any bat while it is occupying a structure or place which it uses for that purpose.
The maximum penalty that can be imposed is a fine up to 10,000 pounds.
N 3. FOR YOUR INFORMATION 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.
==== PAGE 3 ====
22/01450/B Page 3 of 10
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 as 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 building and proposed built extension 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 General Policy 3b, Environment Policy 1,2, 16 and Business Policy 11,12,14 of the IOM Strategic Plan.
Plans/Drawings/Information;
This decision relates to drawings received on 17 November 2022, referenced; 1, 2. __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
MUA (Electricity) as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
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 6(4):
IoM Natural History and Antiquarian Society DfE Visit IoM DEFA Registered Building Officer DEFA Eco systems Policy Manager as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE COMMITTEE AS THE APPLICANT IS A CLOSE RELATIVE OF AN OFFICER OF THE P&BC DIRECTORATE
1.0 THE SITE 1.1 The site defined in red is part of a larger site, defined in blue which is the current holding of Ballaoates Farm which stretches north west from the Archallagan Road which links the A24 with the A3 at the Hope.
1.2 The whole site accommodates a range of buildings with a traditional Manx farmhouse at the entrance with the other side of the entrance formed by outbuildings which run parallel with and right alongside the road. Further into the site are larger, more modern buildings of an
==== PAGE 4 ====
22/01450/B Page 4 of 10
agricultural style and appearance. The application site concerns only the outbuildings to the north west of the entrance. All are brick built and have been painted in the past and have corrugated sheeted roofs. These buildings sit between 1m and 1.2m above the road with a sloping bank between the buildings and the road.
2.0 THE PROPOSAL 2.1 Conversion of existing agricultural buildings into 2 tourist accommodation units with associated landscaping and drainage works.
2.2 The scope of works would see the demolition of the existing low rise single storey "former" cattle shed and store that sits to the north west of the main brick barn building and in its place the erection of a new extension in "Heb-home" style timber kit house.
2.3 The extension would be single storey with a pitched roof and measure a footprint of 5.9m wide x 16.8m long and 5.0m approx. to the ridge. The existing building would be finished with plain smooth render with a natural slate roof and the extension timber cladded with a natural slate roof.
2.4 There would also be the conversion of existing main brick building into living accommodation for tourist and residential use in off season and when vacant and would be attached to the extension with a flat roof glazed link.
2.5 The agent notes; "This application is to address the reasons of refusal of 21/01463/B - 'Conversion of existing agricultural buildings into 2 tourist accommodation units with associated landscaping and drainage works', taking on board the comment made by the planning officer and the comments from the planning committee".
3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as not for a particular purpose and within an area of High Landscape or Coastal Value and Scenic Significance.
3.2 The site is not within a conservation area or within an area identified as being at being flood risk, however some of the site has low-medium surface water flooding risk. (generally a low lying area).
3.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;
Strategic Policy 2 Priority for new development to identified towns and villages
Spatial Policy 5 Building in defined settlements or GP3
General Policy 2 General Development Considerations 3 Exceptions to development in the countryside
Environment Policy 1 Protection of the countryside 2 Protection of the character of AHLV 16 Use of rural building for tourism
Business Policy 11 Conversion of rural building to tourist use
==== PAGE 5 ====
22/01450/B Page 5 of 10
12 conversion of redundant buildings in the countryside to tourist 14 Tourist development in rural areas
Transport Policy 4 Highway safety 7 Parking provisions
3.4 Planning Circular 3/91 - Guide to the residential development in the countryside.
3.5 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
Tourist policies; 3.6 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.
3.7 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 approvals; 20/01485/B - Demolition of existing outbuildings and alterations to vehicle access. 22/00007/B - Erection of Polytunnel structure with associated works.
4.2 The application site received a refusal decision at planning committee on 23rd May 2022 referenced;
21/01463/B - Conversion of existing agricultural buildings into 2 tourist accommodation units with associated landscaping and drainage works.
R1. The proposals do not sufficiently preserve the appearance or character of the barn. The raising of the roof and the introduction of timber cladding and enlarged window openings and dormers will fundamentally change the appearance of the barn which will appear overly domestic lacking a rural or agricultural appearance. The proposed replacement structures of the existing cattle sheds will overly the existing barn. The proposal is therefore contrary to Environment Policy 16(b, c) and Housing Policy 11(c, d and second paragraph) of the Strategic Plan (2016).
R2. Insufficient information has been provided to demonstrate that the building is substantially intact and structurally capable of renovation and as such the proposal is contrary to Environment Policy 16(a) and Housing Policy 11(b) of the Strategic Plan (2016).
R3. Insufficient information has been provided in relation to site levels to properly assess this aspect of the application (Schedule 1 of the Town and Country Planning (Development Procedure) Order 2019 requires site plans for full applications to show, "where changes are proposed to site levels, existing and proposed levels".
R4. Insufficient information to assess the impact in terms of protected species (bats and birds) and as such is contrary to Environment Policy 4 of the Strategic Plan (2016).
5.0 REPRESENTATIONS 5.1 German Commissioners (05/01/22) do not object.
==== PAGE 6 ====
22/01450/B Page 6 of 10
5.2 Highways Services (30/11/22) do not object but comment; "The Applicant is advised to consider installing enclosed and secure storage space for cycle parking and an electric vehicle charging point".
5.3 MUA (Electricity) (06/12/22 & 04/01/23 do not object and comment; "have agreed a scheme with the property owner to remove part of the overhead line away from the proposed building work".
5.4 DEFA Eco systems Policy Manager (08/12/22) seek a bat survey in accordance with the Bat Conservation Trusts Bat Surveys for Professional Ecologists - Good Practice Guidelines (3rd Edition 2016).
5.5 Highways (Drainage) (13/01/23) seek that "surface water run-off from the site will not be contained within the site boundary".
5.6 Registered Building Officer (09/03/23) comments; "I support the retention and reuse of the historic barn, the scale of the addition is however quite large, the application does not really provide sufficient information as to understand how the barn is to be treated, which could, if not conditioned lose all character and detail thorough use of inappropriate materials or detailing. It should not look like a brand new building which it could do if the materials and detailing are not given careful consideration. All materials should therefore be conditioned including any render or repointing. The applications should really provide far more detail in relation to the works required to convert this building to be able to understand the potential impact.
It is however disappointing that this approach of re-use is not being taken on any of the other historic building on this site, the outcome of which will result in the loss of a historic farm complex. The vernacular buildings of the Manx countryside form part of the island's cultural heritage and local distinctiveness they are a finite resource that tell an important part of the island's history".
5.7 IoM Natural History and Antiquarian Society (27/01/23) comments; "Isle of Man Natural History & Antiquarian Society notes that this is a more modest proposal than that contained in PA20/01463/B but is still concerned about the size and design of the proposal.
The Society notes that the applicants sought and obtained permission to demolish the then existing extension to the barn which is to be retained (PA 22.01485.B) refers. While the Society would not have any objection to a modest extension to this remaining barn to make a single tourist unit, the Society considers that there is no justification either in terms of policy or on the ground for creating an entirely new tourist unit in the countryside to replace the remaining outbuildings which would appear possibly not to be of traditional construction and not capable of conversion. This part of the proposal is contrary to Isle of Man Strategic Plan Housing Policy 11, Environment Policy 16 and Business Policies 11, 12 and 14.
Together with planning application PA22/01308/B this would result in the loss of most of the remaining traditional farm buildings at Ballaoates".
5.8 DfE Visit IoM - (10/05/2023) 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. Well-designed rural accommodation is important to support the strategy and ensure the Island has a diverse accommodation stock to respond to
==== PAGE 7 ====
22/01450/B Page 7 of 10
visitor requirements. For the reasons set out above, Visit Agency Officers have no objection to this proposal".
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; o Principle o Design & Visual Impact o Neighbouring Amenities o Highway Safety o Sustainability o Other
Principle 6.1 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 conversion of an existing agricultural building for the use of tourism, which could broadly fit within section (b) "for the conversion of redundant rural buildings which are of architectural, historic, or social value and interest." 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 existing rural outbuilding and extending the building in size to create two units of accommodation for tourist use. As such, General Policy 3b 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 existing structure has been abandoned for many years; its physical remains being a reflection of agricultural and social change across the Island, often such features in the rural landscape are not unacceptable in their present and ruinous state. In the case of this application there is information that suggests the building is of historic interest to warrant its retention and sensitive development in order to convert it back to a habitable use in its original state and in seeking to continue to positively contribute to the Islands built heritage.
6.5 Having visited the site, the buildings here were once used historically for agricultural use but now laid empty and not utilised given the small stature and wit the advancements of modern day farming would not be appropriate for agricultural use. The out building is mainly single brick timber joists and corrugated tin roof. Its loss through demolition would be acceptable in this instance. The former use of the brick building and that of the barn can be now said to be redundant and the building currently sits empty as part of the wider use of the
==== PAGE 8 ====
22/01450/B Page 8 of 10
site and collection of buildings. Given the current situation, its conversion would not be seen to prejudice any use of the adjacent dwelling house (subject to planning application 22/01308/B - Demolition of existing farmhouse and outbuildings and erection of replacement dwelling) and would be an appropriate use of the existing building and extension for tourism use, in principle.
6.6 Turning to the second aspect of Ep16 and its retention through conversion, this aspect is widely acceptable as noted from the comments received in para 5.6 and 5.7 and would retain the existing built form through conversion which is acceptable and supported. It is also noted as being supported through DfE tourist department as the proposal would be 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". More importantly they have no objection to this proposal.
6.7 As such the principle use of the building for tourist use on site is acceptable in principle from a policy perspective and the level of redundancy can be demonstrated and through conversion of the existing with an extension would meet the criteria of Gp3b and EP16 a&b. Subject to further assessment below the proposal would have to satisfy the remaining criteria of Ep16 (c,d,e,f) for the conversion and the adaption of the building and extension would comply with Business Policy 11, 12, 14 and subject to further assessment below.
Design & Visual impact 6.8 In this case, there are two considerations, the existing structure and its refurbishment and the erection of a timber framed extension. 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.
6.9 The proposal here is seeking to utilise the existing structure that is only single storey and bring it into a habitable use preserving the character and appearance. Its scale, layout and form will be retained and there are no proposals to add or alter any fenestration to the building, apart from re-roofing in natural slate and the inclusion of two heritage style Velux windows in the East facing roof slope (facing into the site) would be acceptable. This aspect would be considered to have no detrimental impact on this part of the countryside given the existence of the building and would be more aligned with the principles of Planning Circular 3/91 - Guide to the design of residential development in the countryside which is still the adopted guidance for such design approaches.
6.10 The rear extension will only partially be apparent from public views; given it design, siting to the rear; and the appearance or finish will be timber as a contrast to the existing building (and not painted white render) ensures any impact is limited and in keeping with the existing structure and its appearance. There may be be sections of the side elevation of the extension when passing the entrance to the site but not that apparent from public views. However, any views of the extension and the fact such views would be of isolated aspects and not of the extension as a whole are in favour of the application given the geometry of the road and the general topography. This design would likely ensure the extension would not become the dominating feature, and appear subordinate to the original building from public views and therefore considered to be acceptable.
6.11 The comments from Natural History and Antiquarian Society are noted but as the policies do allow for the re-use of the existing rural buildings and with subordinate extensions, a degree of visual impact over and above the existing is inevitable and to some degree unavoidable. The challenge is limiting this sprawl into the countryside and ensuring any impact
==== PAGE 9 ====
22/01450/B Page 9 of 10
is limited and conditioned accordingly. However, 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 (to be demolished) is not apparent from outside of the site as noted above. The proposed single storey extension with a pitch tiled roof in natural slate and finished with natural timber would be unobjectionable in terms of visual harm.
6.12 Noting the comments from the registered building officer, the details and materials are an important consideration. Given the use of timber cladding would have a softer appearance that would be appropriate for this rural setting (A condition can be added to ensure natural timber is used and weathers 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.
Neighbouring Amenities 6. 13 The site sits remote on the land scape with considerable distance to the nearest neighbours, as such there are no immediate neighbours that are considered to be impacted by the proposed development. As such, these aspects would be considered to be compliant with those sections of General Policy 2(g) and the Residential Design Guide 2021.
Highway Safety 6.14 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. As such the proposal would be considered to align with the principles of TP4 &7.
Sustainability 6.15 The proposals here has been could make use of passive solar gain on the southern window orientation, and could also feature the inclusion of air source heat pumps with underfloor hating and solar panels. Should this approach be taken, it would be seen to embraces modern and innovative energy efficiency measures to address the issue of reducing carbon footprint and including environmentally friendly technologies that also include EV charging points (if required). These would be seen as positive design attributes to reducing energy consumption for domestic properties and weigh heavily on the decision making process for development in the countryside. As such these aspects can be conditioned accordingly to ensure they are implemented prior to the occupation of the property, furthermore the scope of works would have to conform to current building regulations standards which ensures the thermal efficiency of the building is maximised and no reliance of fossil fuel heating systems.
Other 6.16 In terms of the comments from ecology and highways drainage, these aspects can be secured through appropriately worded conditions and notes.
7.0 CONCLUSION 7.1 The application has been assessed against those aforementioned planning policies and would be recommend for approval subject to a number of planning 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;
==== PAGE 10 ====
22/01450/B Page 10 of 10
(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.
8.3 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. __
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:...22.05.2023
Signed :...J SINGLETON... 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.
Copyright in submitted documents remains with their authors. Request removal