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                                      23/00157/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/00157/B Applicant : Mr John Kneen Proposal : Temporary Change of Use for siting of a static caravan Site Address : Ballaoates Farm Ballavagher Road St Johns Isle Of Man IM4 3JE

Planning Officer: Mrs Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 23.10.2023 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The occupation of the temporary accommodation hereby approved is limited to those associated with the implementation of the conversion works approved under 22/01380/B and the accommodation may remain occupied only until 1st November 2025 or on completion of the conversion works, whichever is the sooner.

Reason: the site is not designated for development and what is being approved is a residential unit on the site which, if retained on completion and occupation of the converted barn, would amount to a second dwelling on the site, contrary to the Strategic Plan.

C 2. If the use of the static home hereby approved ceases for a period exceeding 6 months, the building and any supporting base shall be removed and the ground restored to its former condition within 3 months of the date of the cessation, unless a time is otherwise approved in writing by the Department.

Reason: The building has been exceptionally approved solely to meet the applicants need and its subsequent retention would result in an unwarranted intrusion in the countryside.

This application has been recommended for approval for the following reason. Whilst there is a presumption against development on this site due to the land designation, the accommodation is clearly temporary in nature and appearance and is directly associated both with a clear time frame and a development so that enforcement of a time frame would be possible via condition. As such the proposal would comply with the principles of Environment Policy 1 & 2 of the Isle of Man Strategic Plan 2016

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Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 8th February 2023; o Drawing No. L01 o Drawing No. SP01 o Caravan Details o Supporting Statement __

Interested Person Status - Additional Persons

None __

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED TO BE CONTRARY TO POLICIES WHICH PRESUME AGAINST THE CREATION OF NEW RESIDENTIAL ACCOMMODATION IN THE COUNTRYSIDE

THE APPLICATION SITE 1.1 The application site is land situated to the North East of Ballaoates Farmhouse within the existing courtyard area. The overall site forms part of the wider agricultural holding of Ballaoates Farm, which includes a collection of more modern agricultural buildings to the north- east of the dwelling, together with additional stone outbuildings to the immediate west adjacent to the highway.

THE PROPOSAL 2.1 The current planning application seeks approval to install a temporary static caravan within the existing courtyard for the duration of the demolition and re-building of Ballaoates Farmhouse, approved under PA22/01308/B.

2.2 Within the supporting statement it is stated that it is hoped that the demolition and re- building of the property should take approximately 18 months from start to finish.

2.3 The design of the static caravan whilst not confirmed and example has been provided which is the Avon model from Pemberton and measures 30ft by 12ft. The static home proposed will have two bedrooms and open plan lounge, kitchen and diner.

2.4 The reasoning for the static caravan is that the existing lease of the applications is up and they have had to sell their property to fund the overall build, with the proposal enabling the applicants to stay on site whilst the demolition and re-build is occurring.

PLANNING HISTORY 3.1 There are several applications upon the site of which the most relevant to this assessment is PA22/01308/B which was "Demolition of existing farmhouse and outbuildings and erection of replacement dwelling" and was Permitted.

PLANNING POLICY 4.1 The site lies within an area zoned as "Not for Development" and within an "Area of High Landscape or Costal Value and Scenic Significance" on the 1982 Development Plan. The site is not within a Conservation Area but is within a low-medium surface water Flood Risk Zone.

4.2 There are no current provisions within the Isle of Man Strategic Plan 2016 for policies which relate to temporary accommodation, though there is a reference within the Housing Policy section which states, "8.11.3 It is unlikely that permission will be given for permanent

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                                      23/00157/B                                     Page  3  of  4

replacement of dwellings which were never intended to have a permanent residential use, such as chalets and other structures built of materials for only temporary or seasonal use."

4.3 Whilst there are no policies regarding the temporary accommodation there are other policies within the Isle of Man Strategic Plan which are relevant to this application these are Environment Policy 1 and 2.

REPRESENTATIONS 5.1 Highway Services have considered the proposal and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking." (08.03.23)

5.2 German Commissioners have objected to the proposal on the basis that they do not think there is a requirement for the proposal. (11.04.23)

ASSESSMENT 6.1 The fundamental issues to consider in the assessment of the planning application is whether the proposed temporary accommodation would have any adverse impact on the character or appearance of the area.

6.2 The proposal for the static home has arisen from the need for the applicants to house themselves during the works approved under PA22/01308/B, which was for the "Demolition of existing farmhouse and outbuildings and erection of replacement dwelling." The applicants have stated that their existing lease is ending its term and to fund the overall build, they will need to be sited on site during the works, with the suggested time period of 18 months.

6.3 In terms of siting, the static caravan is situated within the existing cluster of buildings, and within an area which is unlikely to be seen due to the mature trees, hedging and the overall elevation change of not only the site in question but also the main road. As such it is unlikely that the proposal would impact the overall streetscene.

6.4 Turning towards neighbouring properties, there are no neighbours near to the proposal which would be impact by the proposed development.

6.5 It is noted that there is an objection to the proposal from the local authority, whilst their objection has been noted, temporary accommodation pending the completion of a building project is not unprecedented with their being many applications for static caravans or similar which have been approved and refused over the years. The planning statement within this application provides a reasoning why they require the static caravan and gives a clear timeline for the keeping of the static caravan.

CONCLUSION 7.1 Whilst there is a presumption against development on this site due to the land designation, the accommodation is clearly temporary in nature and appearance and is directly associated both with a clear time frame and a development so that enforcement of a time frame would be possible. As such the application should be approved subject to a condition which limits the occupation to those associated with the implementation of the conversion works approved under PA22/01380/B.

7.2 There should also be a secondary condition to state that the accommodation is to remain occupied until 1st November 2025 or on completion of the conversion works, whichever is the sooner. This is an additional period over the stated 18 months, but due to the current economic climate and the fact that providing the extra time provides an acceptable buffer for the proposal, it will allow the works to commence in earnest during these uncertain times and for the owners to relocate/ to accommodate any additional time needed to complete the conversion works.

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                                      23/00157/B                                     Page  4  of  4

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 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: 06.11.2023

Signed : V PORTER 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

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