**Document:** DEC Officer Report
**Application:** 19/00778/B — Conversion and extension to building to create a residential dwelling
**Decision:** Permitted
**Decision Date:** 2019-10-07
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/29194-lezayre-former-barn-to-conversion-extension/documents/1043463

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# DEC Officer Report

**Application No.:** 19/00778/B
**Applicant:** Mr & Mrs John Hall
**Proposal:** Conversion and extension to building to create a residential dwelling
**Site Address:** Former Barn To The Rear Of The Auburns 19 Lezayre Road Ramsey Isle Of Man
**Planning Officer:** Mr Nick Salt
**Photo Taken:** 01.08.2019
**Site Visit:** 01.08.2019
**Expected Decision Level:** Planning Committee
**Recommended Decision:** Permitted
**Date of Recommendation:** 01.10.2019 _________________________________________________________________

## 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. All external elevations (with exception of dormers) shall be finished in natural traditionally laid stone. Reason: To retain the original character and appearance of the barn.
- C 3. The roof of the building shall be finished in natural slate. Reason: To retain the original character and appearance of the barn.
- C 4. All windows on the proposed dwelling shall be timber framed and designed as per the approved drawings. Reason: In the interests of the character and appearance of the traditional building.
- C 5. All work of making good shall be finished to match exactly the existing building fabric in respect of type, size, colour, bond, pointing, coursing, jointing, profile and texture.

- Reason: In the interests of the character and appearance of the site and surrounding area.
- C 6. No development shall commence until a bat and bird survey has been submitted to and approved in writing by the Department. The survey shall identify impacts on bat and bird 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 and birds.
- C 7. 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 garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. 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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
- 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), no garden sheds or summerhouses shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
- C 10. 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 greenhouses or polytunnels shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.

### Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 12th July 2019:

- o Location Plan
- o Existing Survey Drawing 07 0213/1
- o Planning Drawing 07 0213/2

### _______________________________________________________________

### Interested Person Status – Additional Persons

It is recommended that Manx National Heritage 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):

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, are not 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 as 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 BROUGHT BEFORE PLANNING COMMITTEE AS THE RECOMMENDATION IS CONTRARY TO REPRESENTATIONS FROM HIGHWAYS SERVICES CONCERNING TRAFFIC SAFETY AND ACCESS.

0.1 This application was considered by Planning Committee on 23.09.19, at which the committee voted to defer the determination of the application pending a site visit and further information from DoI Highways. - 1.0 THE SITE

1.1 The application site is a parcel of land including a detached barn, located south of the adjacent dwelling The Auburns, 19 Lezayre Road, Ramsey - on the southern side of Lezayre Road. The barn is of moderate condition, with stone walls and wooden door openings throughout. Part of it is single storey and part two-storey, in roughly an 'L' shape. - 1.2 The site has an access lane to the east of The Auburns which serves it, and the wider site is approximately the same size as The Auburns site. The site is surrounded by mature trees, with fields to the rear (south).

## - 2.0 THE PROPOSAL

2.1 Proposed is the conversion and alteration of the barn to provide a residential dwelling on the site. The main structure of the existing two-storey part of the barn would be used, with the removal of the single storey mono-pitch roof garages and replacement with a two storey element with attached single storey garage in the approximate footprint of the existing garages. - 2.2 The new parts of the building would be constructed to match the existing, using Manx stone and slate covered pitched roofs with concrete verges. The traditional double barn style doors would be retained at the ground floor level of the western part of the property. Two pitched dormer windows would be added to the north elevation, and railing to the existing external steps on the north elevation gable wall. Two 'conservation' roof lights are proposed for the south elevation, with new timber framed windows installed - 2.3 The proposal is a resubmission of the one approved in 2007 (07/01058/B), which has lapsed.

## - 3.0 PLANNING POLICY

3.1 The property has been zoned under the Ramsey Local Plan Order 1998 as being within an area of Predominantly Residential use, the site is not within Ramsey Conservation Area.

3.2 Bearing in mind the land use zoning, General Policy 2 of the Isle of Man Strategic Plan is important.

"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
- (c) does not affect adversely the character of the surrounding landscape or townscape;

- (g) does not affect adversely the amenity of local residents or the character of the locality;
- (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways.

3.3 Environment Policy 34 is of relevance given the age of the existing barn building: "In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred." - 3.4 Environment Policy 43: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition." - 3.5 Transport Policy 7 relates to parking on site: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." The current standards are set out in Appendix 7. - 3.6 Whilst not planning policy, the Department's politically approved Residential Design Guidance (March 2019) is capable of being a material consideration and is referenced in the assessment part of this report.

## - 4.0 PLANNING HISTORY

4.1 As noted in 2.3 of this report, the proposal is a resubmission of the one approved in 2007 (07/01058/B). - 4.2 Also of relevance, is a previous approval for the widening of the access to the site (06/01369/REM) which, according to the current planning application, was completed in 2009. - 4.3 A detached dwelling was approved under PA 06/01369/REM directly south of the proposed site, sharing the access lane. This building was not commenced and the approval has lapsed.

## - 5.0 REPRESENTATIONS

5.1 The DEFA Environment Directorate Biodiversity Officer commented on the application on 26.07.19. The comments were:

"The barn proposed for conversion requires an ecological assessment for bats and birds prior to any works taking place. Should bats or birds be found to be occupying the barn a mitigation plan for their protection must be submitted for written approval prior to any works taking place."

5.2 Ramsey Commissioners have no objection to the application (22.08.19). - 5.3 Manx National Heritage has provided comments on the proposal (09.08.19). They detail species of bat and bird which are likely to roost in the existing buildings on the site. Manx National Heritage recommends that an assessment of the site for its potential use by bats and birds is undertaken by a suitably licensed and experienced ecologist. - 5.4 DoI Highway Services objected to the application (02.09.19) and stated:

"The original approval was based on access arrangements that provided sightlines of 2.0m x 23m in each direction which is commensurate with vehicle speeds being in the region of 20mph.

The proposed development will result in an intensification of use at the access.

Lezayre Road is a 30 mph speed limit and therefore according to the Manual for Manx road guidance, sightlines should be in the region of 2.4m x 43m for any development that results in an increase in vehicle movement.

There is no evidence that justifies the reduced sightline when compared to the latest guidance. Given the lack of information, the proposals are not considered to be acceptable from a highways aspect and refusal is recommended."

5.5 DoI Highways further commented on 20.09.19:

"Highway Development Control (HDC) provided a consultation response on 2nd September 2019 stating an objection on the grounds of intensification of use of a vehicular access with substandard visibility.

Further to this response and the recommendation to approve the planning application, HDC make the following observations:

- o The site would be accessed from the south side of the A3 Lezayre Road which is a strategic A class road with a 30mph speed restriction;
- o In accordance with the guidance provided within Table 7.8 of the Manual for Manx Roads, the design criteria set out in the Design Manual for Roads and Bridges should generally apply to roads classified as primary or district routes and other routes subject to large traffic volumes;
- o For an A class road subject to a 30mph speed restriction, an access visibility of 2.4m x 90m would normally be assumed in the absence of site specific information in relation to actual 85%ile approach speeds;
- o The actual visibilities indicated within the planning application are 2.0m x 23m, these visibilities would only be appropriate to a low speed 20mph environment for an access serving a single dwelling;
- o If by means of speeds surveys it can be demonstrated that actual 85%ile approach speeds are 37.5mph or lower than a relaxation could be applied whereby design criteria set out in Manual for Streets could apply, the 2.4m set back distance from the edge of carriageway would remain applicable but the distance alongside the nearside edge of carriageway could be reduced to 59m or less depending upon the actual 85%ile speeds (for example, this could be reduced to 43m if the 85%ile speeds are 30mph);
- o The indicated visibility splays fall considerably below the requirements in any event;
- o HDC and Planning have not measured the actual access visibilities on site, but Planning as a result of a site visit stated an opinion that suitable visibility could be achieved; and
- o Due to access visibility being a significant highway safely issue and the fact that actual visibilities and 85%ile speeds have not been measured, it is considered appropriate that until

- such a time as when visibility has been quantified and found to be satisfactory the HDC
- objection should remain."

5.6 Following a site visit by Highways on 26th September, the following was noted:

"It was determined that the footway width was 1.75m to the west of the access and 1.80m to the east of the access; this is less than the current minimum standard of 2.0m. Relatively high walls on either side of the access obstruct visibility over third party land which makes the footway width very sensitive to achieving visibility along the carriageway.

The access is situated around 120m to the west of Parliament Square Junction whereby vehicle approach speeds from the east would be typically less than, or around 30 mph. The visibility to the east is the most critical due to traffic generally being closer to the access.

Visibility measurements were taken from a point 2.4m back from the edge of carriageway which is the normal standard for this classification of road and was found to be extremely limited. Visibility measurements were then taken from a point 2.0m back from the edge of carriageway and it was determined that visibilities in the order of 2.0m x 23m could be achieved in both directions; this was the visibility indicated in the application. It was then determined that full visibility along the carriageway could be achieved from a non-standard setback distance of 1.8m from the edge of the carriageway. This would mean that a large car would overhang the carriageway to a degree in order for the driver to achieve a safe line of site.

Due to visibility being a departure from standard an assessment was undertaken from first principle of road safety. The Manx Highway Code published by the Isle of Man Government Department of Infrastructure states that the stopping distance at 30mph is 23m. In the light of the fact that this is an existing access, the vehicle overhang would be relatively modest and that from a 2.0m set-back distance an approaching vehicle could take corrective action, it was considered that a moderate intensification of use would be acceptable in this particular circumstance."

Highway Services no longer oppose the application. Highway Services no longer oppose the application.

## - 6.0 ASSESSMENT

6.1 The key issues in the consideration and assessment of this application are:

- I. The principle of the proposed development;
- II. The character and appearance of the barn;
- III. The character and appearance of the site and wider area;
- IV. The access and parking arrangements;
- V. The potential impact on the amenity of neighbours;
- VI. The potential amenity for future residents of the proposed dwelling;
- VII. Ecological and environmental concerns.

### 6.2 The Principle of the Proposed Development

- 6.2.1 The site is zoned within an area of predominately residential use; therefore the conversion of this barn to a dwelling in principle is acceptable, subject to the additional considerations below. The proposal also accords with Environment Policy 43 via the reuse of existing sound built fabric. This is further supported by the Residential Design Guidance which states in paragraph 2.7.4 that "it is important to facilitate development which allows the reuse of previously developed land and/or the reuse of buildings."

- 6.2.2 A structural report was submitted with the previous application 12 years ago, the conclusions of this report stated:"We would conclude that the external stone walls of the two storey area to be retained are structurally satisfactory. There is no requirement for demolition or major repairs to the external walls to achieve a conversion from its current use as a store to a house. The observed movement to the front elevation has not in our opinion resulted in an unstable wall. This section of masonry can be restrained to prevent further movement as part of the recommended repairs".
- 6.2.3 These conclusions, and the case officers' recommendation and approval carry weight in the assessment of the current application, however the application is considered anew and assessed on its own merits.

### 6.3 The Character and Appearance of the Barn

- 6.3.1 The existing barn retains Manx stone walls and some slate tiling, with traditional design features and layout. The preservation of the original character and purpose of the barn is preferred. The proposed drawings show the main part of the barn to be retained, and the extension would use traditionally laid Manx stone and natural slate roofing to match the existing barn and bring it into use. The extended part of the building would remain below the main barn in ridge height and in prominence, retaining an overall secondary appearance, as is encouraged in the Residential Design Guidance in relation to extensions.
- 6.3.2 The doors and windows to be used would also follow traditional timber styling, and the general appearance of the dwelling would be as a traditional barn conversion. Overall, it is considered that the character and appearance of the barn would be retained and improved by the subtle and sympathetic alterations and refurbishments, in accordance with GP2 (b) and also EP34 in the use of traditional materials.

6.4 The Character and Appearance of the Site and Wider Area

- 6.4.1 The footprint and dimensions of the building would not be significantly altered from the existing. This, along with the use of traditional materials to match the existing, should ensure that the visual impact of the building remains low in its setting, and fits with the site.
- 6.4.2 In addition, the site is not widely visible from Lezayre Road due to its positioning behind The Auburns, and the mature trees surrounding the site. Visual impacts from within the site and immediate area would be limited, and from public vantage points would be further limited. In this respect it is not considered that the proposal would have unacceptable impacts on the character or appearance of the site or wider area - in accordance with GP2 (b,c,g).

### 6.5 The Access and Parking Arrangements

- 6.5.1 The current Isle of Man Strategic Plan parking standards state that 2 spaces must be provided on site for a typical residential dwelling such as the one proposed. The plans submitted show 3 ground floor garage berths of approximately 5mx3m measured internally. This would be below the Manual for Manx Roads (MfMR) standards for garages, but would still provide some potential capacity. It is also considered that there would be ample space in front of and to the side of the proposed dwelling to accommodate two parked cars. The parking on site is considered acceptable. The space provided on the site would also provide adequate turning provision for vehicles in accordance with GP2 (h) and TP7.
- 6.5.2 The access, as mentioned previously in this report, is via a lane from the south side of Lezayre Road along the eastern side of The Auburns, to the site. It is shared with the currently vacant site to the rear of the application site. This access was extended in 2009 to accommodate increased visibility splays at the entrance to Lezayre Road.

- 6.5.3 The access lane, where it meets the pedestrian footpath on Lezayre Road, is 6m wide (meeting the total MfMR requirement), with stone walls at either side. The visibility spays provided in support of the application demonstrate that visibility in both directions would be a minimum of 23m from the access, which is onto a relatively straight section of road. This would be below the MfMR visibility splay standards as noted by the Highways objection, however whilst not demonstrated on the access drawing, it is considered likely that the visibility would be met. Additionally, the visibility would be similar to most accesses along that section of road. The case officer undertook a site visit on 1st August 2019 and merged onto the Lezayre Road from the access lane with no issues.

### 6.6 The Potential Impact on the Residential Amenity of Neighbours

- 6.6.1 In this case, the neighbouring properties considered most likely to be impacted, if any, are The Auburns to the immediate north, and The Oaks to the west. Whilst the site access lane bounds 17 Lezayre Road, the elevations of the properties would be over 20 metres apart, and screening by trees and walls thus reducing any potential impacts.
- 6.6.2 The Residential Design Guidance summarises the three main considerations to account for in relation to the potential impacts of the new dwelling on the existing neighbours:

- o Overbearing;
- o Overshadowing;
- o Overlooking/loss of privacy.

- 6.6.3 The dwelling, as noted, would make use of the existing barn, and would not increase the ridge height, or significantly alter the footprint of the existing building. It is not therefore considered that overbearing or overshadowing would unacceptably increase from the existing situation. In addition, the neighbouring properties positioning and alignment reduces this risk.
- 6.6.4 The "20 metre guide" provides a useful way to identify where overlooking is likely to be a concern. It refers to the distance between elevations that contain windows serving habitable rooms that face each other - if this distance is over 20 metres, overlook is unlikely to be a concern. This distance can be relaxed where the design or orientation is such that privacy and amenity of a neighbouring property is not compromised. In dense urban areas where there is already a level of mutual overlooking a lesser standard may be acceptable. The required distance may need to be greater if there is a change in topography, which would result in an adverse effect on the privacy and amenity of a neighbouring property. The presence of existing or proposed landscaping features (e.g. fences, walls and hedges) may help to mitigate overlooking at a ground floor level (depending on relative heights). Although the permanent retention of such landscaping cannot be guaranteed, it would be within the gift of both neighbours to retain/maintain/replace such landscape features.
- 6.6.5 Towards The Auburns, there would be two bedroom dormer windows on the extension first floor. These would however be over 20 metres from the rear elevation of that neighbouring dwelling, in addition to the trees between the properties providing a natural screening. To The Oaks in the West, the separation distances between respective habitable windows would again be roughly 20 metres, with trees providing natural screening. Overall, the proposal accords with GP2 (g) in this respect.

### 6.7 The Amenity for Future Residents of the Proposed Dwelling

- 6.7.1 The proposal would have an acceptable amount of open amenity space, including a side garden larger than what may be expected in many new dwellings in residential areas. Additionally, the mature trees surrounding the property and the lack of buildings to the rear would provide a degree of openness and outlook, along with sufficient privacy.

### 6.8 Ecological and Environmental Concerns

- 6.8.1 Manx National Heritage and DEFA Ecosystem comments concerning the potential presence of protected species in and around the barn are noted. The protection of bat and bird species is of importance to the wider ecology of the area and mitigation should be undertaken in the event of such species roosting on the site. A condition on approval should require an assessment by a suitably licensed and experienced ecologist to that end.

7.0 CONCLUSION - 7.1 In summary, the proposed dwelling is in accordance with the land use designation and, on balance, the Strategic Plan policies aforementioned. For this reason, the application is recommended for approval.

8.0 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:…07.10.2019

Signed :………N SALT……….. 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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*Canonical page: https://planningportal.im/a/29194-lezayre-former-barn-to-conversion-extension/documents/1043463*