**Document:** DEC Decision Notice
**Application:** 19/00750/B — Installation of flue and change of use from tea room and crafters loft to a forge/workshop
**Decision:** Permitted
**Decision Date:** 2019-11-12
**Parish:** Lezayre
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/29345-lezayre-barn-tholt-y-will-chimney-change-use/documents/1044663

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# DEC Decision Notice

CABINET OFFICE
Government Office
DOUGLAS
Isle of Man
IM1 3PN
Tel (01624) 685280
planning.appeals@gov.im

Our Ref: DF19/0005
Planning Application Ref No: 19/00750/B

Planning Secretary
Department of Environment, Food and Agriculture
1st Floor
Murray House
Mount Havelock
Douglas

## The Town And Country Planning Act 1999

### The Town and Country Planning (Development Procedure)(No 2) Order 2013

The Planning Inspector appointed by the Council of Ministers has now considered the application and submitted his report in accordance with statute.

On the 7th November 2019, the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the conditions specified below.

J. Alow.

Mr W Greenhow ACMA
Chief Secretary

Date of Issue: 12th November 2019

[Table omitted in markdown export]

## Conditions of Approval

1. The development hereby permitted shall commence before the expiration of four years from the date of this 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.
2. Within once month of the installation of the flue, it shall be finished in matt black or in another other dark colour with the written agreement of the Planning Authority.

Reason: In the interests of visual amenity.

In accordance with statute, please be advised that the decision of the Council of Ministers is binding and final.

All parties should note that there is no prescribed right of appeal relevant to the Council's decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Crown Division
Government Offices
Douglas
Isle of Man
23 October 2019
To the Council of Ministers
Case Reference DF19/0005
Planning Application 19/00750/B
Application by Jon's Country Ironwork Limited for planning approval for change of use from existing tea barn and crafters loft to a forgeworkshop with the building to serve as business premises for blacksmithing and farriery at The Old Barn, Tholt-Y-Will, Sulby, IM7 2BF.

## Introduction

1. I have the honour to report that on 21 October 2019 I carried out a site visit at the above location. The case is being made by written representations.
2. Pursuant to Section 10(1)(b) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the application must be considered by the Council of Ministers, not the Planning Authority. This is because the application site is owned and maintained by the Department of Environment, Food and Agriculture (DEFA), of which the Planning and Building Control Division forms part.

### Site Description and the Proposal

3. The application site is the footprint of an existing stone building which is currently used as a tea room, situated at Tholt-Y-Will. The plain, twostorey, stone building, has no apertures on the south western elevation but there are doors and windows on both floors of the north eastern elevation and a pedestrian door on the north western, roadside elevation. There are hard-surfaced car parking areas around the building and there are externally accessible toilets on the rear of the north east facing wall. Vehicle access is direct from the public road via Sulby Glen and there is a parking area associated with the building.
4. The proposal is to convert the present shop-café for use as a forge, packaging area and store on the ground floor, with the upper floor used as a stock area. No changes are proposed to the building itself, other than the installation of a flue to serve the forge. The flue would emerge from the building at ground floor ceiling height on the south western elevation and extend to a height of 650 mm above the eaves. The 250 mm diameter flue would be of galvanised mild steel, finished in a dark colour.

## Comments by the Applicant Company

5. Jon's Country Ironwork Limited, which is a tenant of the building, does not consider the use of the premises as a tea room to be viable on a year-round basis, resulting in it standing vacant for much of the time, with signs of disrepair.

6. The company is of small scale and makes small boutique gift items. The company indicates that these products are sold worldwide via its website.

7. The operator of the company is a fully qualified and insured farrier serving Island clients. He does not intend to sell items from the site nor would the proposed change of use require any heavy machinery.

8. It is intended that the business would employ three people.

9. The Applicants consider that the proposal would enable them to ensure sympathetically that the building would be cared for and that the development would contribute to the traditional crafts of blacksmithing and farriery being kept alive.

## Representations Received

10. **Lezayre Parish Commissioners** support the application.

11. **DOI Highway Services** advise that the proposed use of the site would generate less traffic than its present use and the access and parking area associated with the building are adequate to accommodate the relatively small number of commercial vehicles and horseboxes visiting the site. Accordingly, there is no highway objection.

## Advice from the DEFA Planning and Building Control Directorate

### Planning Policy

12. The site lies within an area designated by the Isle of Man Planning Scheme (Development Plan) Order 1982 as part of a plantation owned by the Government and within an area of High Landscape Value and Scenic Significance (AHLV). Accordingly, there is a presumption against development, as set out in General Policy 3 (GP3) and also Environment Policies 1 and 2 (EP1-2) of the Isle of Man Strategic Plan 2016 (IMSP), which aim to protect the countryside landscape of the AHLV for its own sake.

13. However Environment Policy 16 (EP16) allows the use of existing rural buildings for new purposes such as tourist, or small-scale industrial or commercial use, subject to criteria including that: (a) the building is no longer required for its original purpose and is substantially intact and structurally capable of renovation; (b) the reuse of the building would result in the preservation of fabric which is of historic, architectural, or social interest or is otherwise of visual attraction; (c) the building could accommodate the new use without requiring extension or adverse change.

TI16780119

to its appearance or character; (d) there would be no unacceptable implications in terms of traffic generation; and (e) the conversion would not lead to dispersal of activity on such a scale as to prejudice the vitality and viability of existing town and village services.

**Assessment**

14. In this case, since the 1980s, the building has not been in its original use, which would have been agricultural or equestrian, associated with its rural location. Therefore, the redundancy of the building for its original purpose is no longer relevant.

15. The use of the appeal building for tourist-related purposes or services such as the restaurant, tea rooms, craft workshop or sales is considered acceptable. Even though the building is not located in a sustainable location, it provides an attraction for residents and visitors alike, in a location which offers an unique experience within one of the most attractive parts of the Island.

16. Blacksmith premises and forges have been an historic feature of the countryside, linked to rural enterprise. In this case, the Applicant is a farrier, as well a maker of other items crafted in metal. The proposed facility would not be out of place or inappropriate in this location.

17. EP16 requires that the proposal satisfies a number of requirements including redundancy and structural adequacy. The building has been in use relatively recently and the current proposal would involve very little change to its fabric.

18. EP16 also requires that the proposed use could be undertaken without adverse change to the appearance or character of the building. Whilst a flue is proposed to be installed, this would have an industrial feel, in keeping with the building and its proposed use. This feature would have less visual impact if painted in a dark colour, secured by planning condition.

19. EP16 requires that there would be no unacceptable effect on highway safety through excessive traffic generation. In this case, it is likely that the proposal would result in less traffic than its previous use as a café-tea room-restaurant. There is ample space for vehicle parking at the site to accommodate staff and visiting vehicles associated with the proposed use.

20. EP16 requires consideration to be given to whether the proposal would result in adverse impact on the vitality and viability of town and village centres. The question here is whether the proposed forge and workshop would be better located within a town or village centre. However, the proposed uses are no more suited to such an urban environment than to the countryside.

## Conclusion

21. The proposal may be considered to accord with EP16 and to provide a suitable use for a prominent building of architectural and historical interest, whose dilapidation in such a scenic part of the Island is unwelcome.

### Assessment by the Inspector

### Planning Issues

22. In my view, the main issues are, firstly, the effect the proposed development would have on the appearance and character of the surrounding countryside of the AHLV, as protected by GP3 and EP1-2 of the IMSP and, second, whether it would meet the criteria of EP16 for exceptional approval.

### Appearance and Character

23. The building would remain essentially unaltered in its external appearance and the general level of activity and traffic generation would be similar to or less than that associated with its present approved use as a tea room and restaurant.
24. The proposed flue, painted in a dark colour, would be a minor addition, in keeping with the utilitarian appearance of this traditional rural building.
25. Overall, the development would have no significant effect upon the appearance and character of the surrounding rural landscape of the AHLV and, in this respect, would not undermine the aims of GP3 and EP1-2 of the IMSP.

### Criteria for Exceptional Approval

26. There is no question that the building is required for its original use, having been approved for use as a tea room for some time. The building is intact and the new uses proposed would preserve its traditional fabric which is an attractive feature of the Sulby Glen. As noted above, the building would accommodate its new uses without significant alteration. There are no unacceptable traffic implications. The uses are equally appropriate to a rural setting as to an urban location, such that, given the small scale of the development, the change of use proposed would not prejudice the viability or vitality of town or village services.

### Conclusion

27. In short, the proposal meets all the relevant criteria of EP16 of the IMSP to justify its approval as an exception to the usual presumption against rural development in the AHLV.
28. I therefore conclude that the approval sought should be granted.

## Recommendation

29. I recommend that planning approval be granted for change of use from existing tea barn and crafters loft to a forge-workshop with the building to serve as business premises for blacksmithing and farriery at The Old Barn, Tholt-Y-Will, Sulby, IM7 2BF, as shown on the Site Plan and Drawing Nos 18132901 and 18132902 , received 2 July 2019, and subject to the following conditions:
1) The development hereby permitted shall commence before the expiration of four years from the date of this 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.
2) Within once month of the installation of the flue, it shall be finished in matt black or in another other dark colour with the written agreement of the Planning Authority.

Reason: In the interests of visual amenity.

### B J Sims

Brian J Sims BSc CEng MICE MRTPI
Independent Inspector

## **Chemistry**

### **Chemical Reactions**

#### **Balancing Chemical Equations**

1. **Write the unbalanced equation:**
   - Example:

2. **Balance the equation:**
   - Example:

3. **Balance the equation:**
   - Example:

#### **Types of Reactions**

1. **Combination Reaction:**
   - Example:

2. **Decomposition Reaction:**
   - Example:

3. **Single Displacement Reaction:**
   - Example:

4. **Double Displacement Reaction:**
   - Example:

5. **Combustion Reaction:**
   - Example:

### **Stoichiometry**

#### **Mole Concept**

- **Mole (mol):** The amount of substance containing as many particles (atoms, molecules, ions) as there are atoms in exactly 12 grams of carbon-12.
- **Avogadro's Number:**  particles per mole.

#### **Molar Mass**

- **Molar Mass:** The mass of one mole of a substance.
- Example: The molar mass of water (H_2O) is 18.015 g/mol.

#### **Calculations**

1. **Moles to Mass:**
   - Formula:
   - Example: Calculate the number of moles of H_2O in 18 grams of water.
     -

2. **Moles to Mass:**
   - Formula:
   - Example: Calculate the mass of 2 moles of H_2O.
     -

### **Gas Laws**

#### **Ideal Gas Law**

- **Equation:** PV = nRT
- **Variables:**
  - P: Pressure (atm)
  - V: Volume (L)
  - n: Number of moles (mol)
  - R: Ideal gas constant (0.0821 L·atm/mol·K)
  - T: Temperature (K)

#### **Boyle's Law**

- **Equation:** P_1V_1 = P_2V_2
- **Variables:**
  - P₁: Pressure (atm)
  - P₂: Volume (L)
  - P₃: Pressure (atm)
  - P₁: Pressure (atm)
  - P₂: Volume (L)
  - P₃: Pressure (atm)
  - P₁: Pressure (atm)

#### **Boyle's Law (Boyle's Law)**

- **Equation:**

### **Thermochemistry**

#### **Enthalpy (H)**

- **Definition:** The heat content of a system at constant pressure.
- **Equation:**
- **Variables:**
  - q_p: Heat transferred at constant pressure.
  - q_p: Heat transferred at constant pressure.

#### **Hess's Law**

- **Statement:** The enthalpy change for a reaction is the same whether it occurs in one step or multiple steps.
- **Equation:**
- **Variables:**
  - : Heat transferred at constant pressure.
  - : Heat transferred at constant pressure.

#### **Hess's Law (Hess's Law)**

- **Statement:** The enthalpy change for a reaction is the same whether it occurs in one step or multiple steps.
- **Equation:**
- **Variables:**
  - H: Heat transferred at constant pressure.
  - : Heat transferred at constant pressure.

### **Electrochemistry**

#### **Oxidation and Reduction**

- **Oxidation:** Loss of electrons.
- **Reduction:** Gain of electrons.

#### **Galvanic Cells**

- **Definition:** A cell that converts chemical energy into electrical energy.
- **Components:**
  - Anode: Oxidation occurs.
  - Cathode: Reduction occurs.
  - Salt Bridge: Connects the two half-cells.

#### **Nernst Equation**

- **Equation:**
- **Variables:**
  - E: Energy (K)
  - : Standard deviation (K)
  - E: Number of electrons transferred
  - : Energy (K)
  - : Number of electrons transferred

### **Organic Chemistry**

#### **Functional Groups**

- **Alkanes:** -C=O -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -C=18 -

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/29345-lezayre-barn-tholt-y-will-chimney-change-use/documents/1044663*
