**Document:** DEC Officer Report
**Application:** 19/00111/B — Conversion of barn to provide residential accommodation, alterations and roofing works to dwelling and replacement of existing container with a boat house
**Decision:** Permitted
**Decision Date:** 2019-04-15
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/28814-malew-ballaqueston-replacement-conversion/documents/1039973

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# DEC Officer Report

**Application No.:** 19/00111/B
**Applicant:** Mr Jonathan & Mrs Dawn Ashall & Mrs Caroline Rowley
**Proposal:** Conversion of barn to provide residential accommodation, alterations and roofing works to dwelling and replacement of existing container with a boat house
**Site Address:** Ballaqueston Malew Road Ballasalla Isle Of Man IM9 3DJ Principal Planner: Miss S E Corlett
**Site Visit:** 19.02.2019
**Expected Decision Level:** Planning Committee
**Recommended Decision:** Permitted
**Date of Recommendation:** 08.04.2019 _________________________________________________________________

## 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- C 2. Prior to the commencement of any work on the boathouse the applicant must have approved by the Department a landscaping scheme which introduces additional plants or trees which will screen the proposed boathouse from public view from the north. The scheme must be undertaken in accordance with these details. Reason: To reduce the visual impact of the proposed boathouse.
- C 3. All 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 dwellings, 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.

Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.

- C 4. Bats are protected by the Wildlife Act 1990 and whilst no evidence has been found that bats occupy the existing barn to be converted, the report makes it clear that its findings do not preclude bats from being found within the building in the future. If bats are encountered during the course of work the work must stop immediately and DEFA must be contacted for advice before proceeding. Care should be taken during the exposure of cavities and alterations to the building. If timber is to be treated then bat friendly chemicals only should be used and the advice of the Manx Bat Group and/or the Department's Ecosystems Policy team should be sought. Reason: To satisfy Environment Policy 4 of the Strategic Plan.

### Plans/Drawings/Information;

This decision relates to the following drawings: 3001-DLD-INS-CDS-INFO1, 01, 02A, 03 and 04 all received on 5th February, 2019 and 05B and 06A both received on 5th March, 2019. _______________________________________________________________

### Interested Person Status – Additional Persons

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):

Manx National Heritage 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 Department's Operational Policy on Interested Person Status (July 2018). _____________________________________________________________________________

### Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE ERECTION OF THE BOAT HOUSE COULD BE CONSIDERED TO BE CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN

## THE SITE

1.1 The site is the curtilage of an existing dwelling situated to the immediate south of Malew Churchyard on the opposite side of the road from the church itself. The property is a traditional Manx cottage which has a single storey, stone building which abuts the highway, to the north of the house and a small garage to the rear to the south. - 1.2 Whilst not clear from the drawings, the site has areas of hardstanding to the west, north and south of the main house and to the rear. - 1.3 The site of the containers is not easily visible from the front of the site but is visible over the churchyard wall from the north. THE PROPOSAL

2.1 Proposed are three areas of work:

- i. alterations to the main house,
- ii. conversion of the barn to a residential unit and

- iii. erection of a boathouse where there is currently a container.

2.2 Alterations to the main house

- 2.2.1 These changes include the re-roofing of the building with natural blue/grey slate, replacement of windows with a simpler style of glazing, replacement of the existing porch with a slightly larger one with more areas of solid masonry, provision of a first floor glazed balcony on the side elevation over an existing flat roofed single storey element, replacement of the glazing around the single storey, flat roofed element with single lights which are set slightly higher than the existing and the replacement of an existing window in a rear annex with one roughly twice as wide.

2.3 Conversion of the barn to a dwelling

- 2.3.1 These works involve the retention of the existing roadside timber door for cosmetic purposes, with the blocking up of the wall internally, the retention of the large aperture in the southern elevation and its glazing with three bi-fold doors. The existing pedestrian square window in the southern elevation will be replaced by a door of the same width and two new windows, one each side of the new door, both the same size as the existing window. A rail will be installed over the bifold doors which is twice the width of the aperture which will enable a timber door to slide back and forth to cover the doors.

- 2.3.2 There is currently no window or door in the rear (northern) elevation: proposed is the installation of a window whose frame will match the shape of the gable the eastern elevation.
- 2.3.3 On the northern elevation it is proposed to install another single, square window alongside the existing.
- 2.3.4 Internally, the building will accommodate a bedroom with en-suite bathroom, a separate bathroom, entrance hall, living area and kitchen all for permanent residential use.
- 2.3.5 New areas of paving are proposed on three sides of the building with a new path leading south in a curved form, towards the main house. The ground level in front of the building will be reduced to enable the floor to sit 150mm above it.
- 2.3.6 The applicant explains that the barn has been used for domestic storage for the past 40 years and is too small to accommodate their boat and it is not safe to use the existing roadside access due to its position so close to the bend and without any visibility of approaching vehicles. The works will enable DoI to install a proper drain alongside the roadside access which is to be blocked off. They believe that the conversion is fully in accordance with Housing Policy 11. They wish the unit to be available to accommodate an elderly family member, being close to the family whilst having a degree of independent living.
- 2.3.7 The application includes a structural engineer's report on the existing barn which describes its condition and considers the proposed works. It concludes that the proposed works could be undertaken without compromising the structural stability of the building.

2.4 Erection of new boathouse

- 2.4.1 This is proposed at the south eastern corner of the site. The building will have a footprint of 10.3m by 5.6m, 3.5m to eaves level and 5.8m to ridge level with rendered walls, windows in the north west and south eastern elevations and first floor windows in each gable. The roof will be pitched at 40 degrees. The internal layout will include a staircase up to the first floor which will provide 25 sq m of floor space. The barn has a roof pitched at around 33 degrees and the main house, 40 degrees.

- 2.4.2 The applicant's boat is 9.5m long, 2.5m high and 2.6m wide and the proposed building will, in their view, look much better than the shipping contained presently on site.

Drainage

2.5 It is proposed to continue to use the existing soakaways and septic tank which have been checked and are capable of being used. - 2.6 Following comments submitted by Ecosystems Policy Office, the applicant has had a bat report commissioned, which advises that there were reports of brown long eared bats in the barn over 20 years ago. In addition, a report of a roost of between 6 and 10 individuals using the barn in 1993 and in 1997 the owner of the property submitted a report of 31 roosting bats. However in 2010 a member of the bat group reported that there were no bats present on the site. A survey was undertaken on 28th February, 2019 and no evidence of current or recent occupation by bats was found. Similarly, no evidence of bat roosts nor suitability for such was found in relation to the main house. However, they do not rule out the possibility of bats being present at some time in the future. The report reminds that bats are protected by the Wildlife Act 1990 and if bats are encountered during the course of work the work must stop immediately and DEFA must be contacted for advice before proceeding. Care should be taken during the exposure of cavities and alterations to the building. If timber is to be treated then bat friendly chemicals only should be used. PLANNING POLICY

3.1 The site lies within an area designated on the Area Plan for the South as not for a particular purpose and as Undulating Lowland Plain on the Landscape Character Appraisal which includes the following advice:

Castletown and Ballasalla (F7) The overall strategy is to conserve the character, quality and distinctiveness of this open area that contributes to the setting of Castletown and Ballasalla, to enhance the river field pattern and to conserve the aquatic habitat corridor of the Silverburn.

Key Views Open and panoramic views out to sea and over Langness' rocky shoreline beyond the Airport. Key views to the prominent landmarks of Castle Rushen and King William's College.

Poyll Vaaish and Scarlett Peninsula (F8) The overall strategy is to conserve the strong sense of openness throughout the area, with strong field pattern as well as the setting of the numerous archaeological sites and wartime structures within the area.

Key Views Open and panoramic views out to sea, up to the Southern Upland peaks over open fields and towards the built-up areas of Castletown and Ballasalla are obtained from various slightly elevated positions within the area, where the cumulative effects of hedgerow trees does not intervene. Foreshortened views in some flatter areas where the accumulated effects of hedgerow trees create a wooded horizon.

3.2 There is a presumption against development in such areas as set out in Environment Policy 1 and General Policy 3. Whilst the conversion of the barn and alterations of the house fall within the scope of Housing Policies 11 and 15, there is no specific support for the construction of ancillary domestic buildings such as the boathouse. It is relevant though that permission would not be required for the construction of a garage, garden shed or greenhouse as these are provided for in the Town and Country Planning (Permitted Development) Order 2012. - 3.3 Environment Policy 4 protects important ecology, particularly species protected under the Wildlife Act 1990.

## PLANNING HISTORY

4.1 Planning approval was granted for a new vehicular access (01/01906/B).

4.2 Planning approval has been granted in the past for ancillary buildings, such as garages - for example 15/00870/B and 14/00700/B both in Maughold. Most recently, planning approval was refused for the erection of a vehicle storage building at Ballagarraghyn in German for the reason that the size of the building was not considered to be justified and that there were existing buildings which could be used for the storage proposed (18/01013/B). REPRESENTATIONS - 5.1 Malew Parish Commissioners have no objection to the application (06.03.19).

5.2 Highway Services do not object to the application subject to a condition which requires that the new dwelling is ancillary to the existing to limit the site parking demand (15.02.19). - 5.3 DEFA Ecosystem Policy Team recommend that a bat survey is undertaken and should bat roosts be identified then a plan for their protection and mitigation will be required prior to any works taking place (14.02.19). - 5.4 Manx National Heritage require a bat survey relating to the likelihood of bats being within the barn, echoing the comments already submitted by the Ecosystem Policy Team above (26.02.19).

ASSESSMENT Conversion of the barn 6.1.1 The works are partly supported by HP11 which makes provision for the conversion of buildings in the countryside to residential accommodation. The barn is certainly old and contributes positively to the character of the area and its deterioration would be unwelcome, particularly given the nearby Registered Building of Malew Parish Church. The works alter little the existing appearance and whilst the window in the eastern elevation is larger and more modern than the existing, this will not be publicly visible and will not harm the overall character of the building but will allow additional light into the structure.

- 6.1.2 Whilst there is passing reference to the intended use of the converted barn to living accommodation associated with the main house, the application has not been advertised as such and the application form makes no reference to the new accommodation being ancillary. It is therefore relevant to consider whether the separate use of the building as an independent unit would be unacceptable and if so, whether a condition restricting the occupancy of the unit to ancillary accommodation is reasonable and would be capable of being enforced.
- 6.1.3 The unit as proposed is self-contained and relies upon the main house for nothing other than access. There is space to the rear of the building which could be made separate from the amenity space associated with the main house. Access necessarily crosses in front of the main house to reach the only point of access into the site. The relevant policy on conversion of buildings would not distinguish a difference or preference for the use of existing redundant rural buildings and the use of this building as a self-contained dwelling would not contravene HP11.

- 6.1.4 There is a suggestion from Highway Services that the accommodation should be restricted to persons associated with the main dwelling to control and minimise traffic coming and going to and from the site and reference is made to parking provision as opposed to highway safety in visibility or capacity terms. The whole of the front of the site is hard surfaced and there is plenty of space to provide parking facilities for the occupants of the barn and any visitors they may have although this may not be clear from the drawings. There is even separate parking areas for the barn and the main house. If the unit were to be occupied by a family member, there may still be separate visitors and deliveries to accommodate this additional unit of accommodation and as such, it is not considered that a condition requiring that the unit is used purely as accommodation ancillary to the main house.

- 6.1.5 In addition, it would be difficult to ascertain, from an enforcement point of view, whether the unit was being occupied separately so enforcement may be difficult to undertake.
- 6.1.6 Whilst a bat report has been undertaken, the report makes it clear that there may be bats present in the future and an appropriate condition should be attached in this respect. Alterations to the dwelling

- 6.2.1 There are no policies which guide the alteration of existing properties although EP 1, GP2 and HPs 15 and 16 all seek to protect the character of the countryside and presume against development which would have an increased or harmful effect thereon. The works are very minor and would not affect the character or appearance of the existing building. Boathouse
- 6.3.1 Similarly, there are no policies which provide for ancillary buildings and as such, the development of the new boathouse building could be considered to be contrary to the policies which presume against development in the countryside. Notwithstanding this, it is clear that it is not unusual for approval to be granted for additional buildings associated with residential properties in the countryside (see paragraph 4.2 above) and there is provision within the Town and Country Planning (Permitted Development) Order 2012 for garages up to 36 sq m to be erected whose ridge level would be only 0.6m higher than the gable facing west towards Malew Road (albeit that the building would be 4.3m longer). As such, the impact from Malew Road immediately in front of the site, is considered acceptable.

- 6.3.2 The building will be seen from the north as vehicles and pedestrians approach the bends in the road. However, it would be seen at a distance of over 135m with intervening trees and shrubs. If planting were to be introduced either on the boundary of the churchyard and the site, or to the north of the proposed building, this would screen and in time, completely screen the new building from public view. It is not considered that the visual impact of this proposed building is sufficient to warrant the refusal of the application. CONCLUSION
- 7.1 The proposal is considered to be in accordance with the relevant Strategic and Area Plan policies and where it is not, there is no unacceptable adverse environmental impact and is supported. INTERESTED PERSON STATUS
- 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
- (d) Highway Services Division of Department of Infrastructure and
- (e) The local authority in whose district the land the subject of the application is situated.

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 in Article 6(4) 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 it under the appropriate delegated authority.

Decision Made : Permitted Committee Meeting Date: 15.04.2019

Signed : S CORLETT 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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