**Document:** DEC Officer Report
**Application:** 19/01145/B — Alterations to vehicle access and parking area, erection of garden shed and garden room (retrospective)
**Decision:** Permitted
**Decision Date:** 2019-12-19
**Parish:** Michael
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/29792-michael-corvally-barn-bollyn-road-ballaugh-alteration-shed/documents/1048517

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# DEC Officer Report

**Application No.:** 19/01145/B
**Applicant:** Mr & Mrs Jonathan Field
**Proposal:** Alterations to vehicle access and parking area, erection of garden shed and garden room (retrospective)
**Site Address:** Corvally Barn Bollyn Road Ballaugh Isle Of Man IM7 5AY Principal Planner: Mr Chris Balmer
**Photo Taken:** 26.11.2019
**Site Visit:** 26.11.2019
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 18.12.2019 _________________________________________________________________

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

- C 1. All planting comprised in the approved details of landscaping (Drawing No 16 1201 8R received on the 16th December and details of plan "Blush pink" as confirmed in email dated 15th November 2019) must be carried out in the first planting and seeding seasons following this decision notice and retained thereafter. Any plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: In the interest of Highway safety to ensure the approved visibility splays are provided and retained.

- C 2. The garden room hereby approved may be used only in association with the main dwelling house "Corvally Barn" and for purposes incidental to the use of main dwelling house "Corvally Barn" as a single dwelling, for no commercial purposes and only in accordance with the internal layout shown on plan 16 1201 9R received on the 14th October 2019.

Reason: The dwelling is within a single residential plot within an area of similar developments. The application does not propose to create separate units of accommodation within the site and has not been considered as such.

- C 3. The car parking and manoeuvring areas (to the rear of the converted barn as shown on drawing 16 1201 BR) shall retained for the use of parking and manoeuvring of vehicles associated with the use of Corvally Barn as a single dwelling and remain free from obstruction thereafter.

Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.

- C 4. Visibility splays of 2 metres by 27 metres in a northern direction and 2 metres by 33 metres in a southern direction which are all required to be provided and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level. Reason: In the interests of highway safety.

### Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers 16 1201 1R & 16 1201 9R received on 14th October 2019 and 16 1201 8R received on 16th December 2019.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following persons 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):

Sleepy Hollow, The Cronk, Ballaugh as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). _____________________________________________________________________________

### Officer’s Report

1.0 THE SITE - 1.1 The site represents the curtilage of Corvalley Barn which is a detached single and two storey building located within The Cronk to the north of Ballaugh Village. The site is located on the eastern side of the Bollyn Road and is west of the Cronk Road. The building has recently been converted into a single dwelling, which included the removal of Permitted Development rights. - 1.2 The barn runs immediately adjacent and parallel with the Bollyn Road, with its entire west elevation facing directly onto the road, with only a narrow section of grass verge separating it with the highway. - 1.3 Currently there are two access points, one to the northern gable end of the barn close to the Cronk bridge and the second is a narrow access to the southern gable end wall of the barn which is not used.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the alterations to vehicle access and parking area, erection of garden shed and garden room (retrospective).

3.0 PLANNING POLICY AND STATUS - 3.1 The application site is within an area designated as High Landscape or Coastal Value and Scenic Significance and partially within an area of woodland, not designated for development under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area. - 3.2 Due to the land use designation of the site and the type of development proposed, the following policies of the Strategic Plan are relevant to consider:

3.3 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

- a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10)
- b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11)
- c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment
- d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14)
- e) location-dependant development in connection with the working of minerals or the provision of necessary services;
- f) building and engineering operations which are essential for the conduct of agriculture or forestry
- g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and
- h) buildings or works required for interpretation of the countryside, its wildlife or heritage".

3.4 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 3.5 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

- (a) the development would not harm the character and quality of the landscape; or
- (b) the location for the development is essential."

3.7 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 4.0 PLANNING HISTORY

4.1 The previous planning applications on the application site is considered relevant in the assessment and determination of this application: - 4.2 Alteration and extension to redundant barn to create a residential dwelling 16/01358/B - APPROVED with the following conditions attached:

"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 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 3 Prior to the occupation of any dwelling the car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.

Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety."

- C 4 Prior to the occupation of the hereby approved dwelling the access as shown on drawings 7A & 8 must be completed in accordance with these approved plans including the installation of the mirror and providing visibility splays of 2 metres by 27 metres in a northern direction and 2 metres by 33 metres in a southern direction which are all required to be provided and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
- C 5 No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The survey shall identify impacts on bats species together with mitigation measures, where appropriate, including a timetable for implementation. The development shall not be carried out except in full accordance with the approved survey and the approved mitigation measures. Reason: To provide adequate protection for bats.
- C 6 All rooflights hereby approved to be installed are required to be conservation styled rooflights with the same size and design as shown on drawing 5. Reason: In the interests of the visual amenities of the traditional property.
- C 7 No development shall commence until a sample panel of all external stone facing materials to be used has been erected on site and approved in writing by the Department. The approved sample panel shall be kept on site for reference until the development is completed. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area. N 1.

For the avoidance of doubt, with the exception of the walls highlighted in red on drawing 16 1201 9 NO further permission is hereby granted for any other part of the building to be rebuilt, even in identical form, if any part of it is demolished or falls down."

## - 5.0 REPRESENTATIONS

5.1 Highway Services made the following initial comments (12.12.2019): "The proposals are considered acceptable therefore please attach the following condition The access serving the site shall be surfaced sealed and drained for at least 5.0m from the carriageway edge in order to avoid the migration of gravel onto the public highway. Reason : in the interest of highway safety.

Please also attach a section 109A application to ascertain the correct construction of the new access arrangements.

Recommendation: DNOC"

- 5.1.1 Following additional calcification from the applicant that the driveway was finished with a gridlock gravel stabilisation system, which help prevent gravel from spilling onto the highway, Highway Services made the following comments (18.12.2019):

"The 2016 application and the subsequent highway response both predated the current Manual for Manx Roads which states a standard for driveway surfacing. Nonetheless, I think that the proposed retained gravel system will provide a stable surface and would be acceptable.

The updated landscaping plan that proposes the low growing shrubs is also acceptable."

5.2 The owner/occupier of Sleepy Hollow, The Cronk, Ballaugh (06.11.2019) made the following summarised comments: No objection to summerhouse; have concerns of the parking of a camper van permanently parked in the manoeuvring area and ignores Conditions 2 & 3 of the original approval, resulting in a highway safety issues to horse riders, pedestrians and cyclists; applicants could park the campervan to the rear of their property but the occupants do not want to affect their outlook; and could be parked where the summerhouse is located. - 6.0 ASSESSMENT

6.1 The main considerations are the potential impacts upon the visual amenities of the countryside and secondly whether the access arrangements are acceptable from a highway safety standpoint.

The potential impacts upon the visual amnesties of the countryside 6.2 The main works to potential affect the amenities of the site are the "Store Shed" and "Garden Room", the latter being located where an original stone outbuilding was sited. In terms of the visual impacts both aspects look domestic in appearance within the rear garden of the property. They are no especially apparent from public views, with only fleeting views when immediately passing either access of the site. Accordingly, it is considered the proposals are acceptable and would not adversely affect the countryside or harm the character and quality of the landscape and therefore comply with EP 1 & 2.

Access arrangements

6.3 The original scheme of the barn conversion includes a section to the southern part of the new access including a grassed area which projected outwards from the northern gable end wall of the barn (now dwelling). This was essentially to push vehicles away from the barn and enable the required visibility splays, especially to the left. The new application didn't not propose a grassed area or a landscaped are which clearly demarked the area in question. Accordingly, discussions where had and a new plan was provided which showed two rows of

shrubs would be planted (Blush Pink) which grew to a height of 1m and a width of 1m each. Accordingly, this was shown to Highway Services who have confirmed thy have no objection.

6.4 In terms of the applicants parking a camper van, it first should be noted that the new proposed parking/turning area is greater in area than the original application, which had a larger rear garden. The new parking area extends further into the rear garden of the site. It is understood the existing campervan parks to the southeast of the "garden shed" and northwest of the "store shed" as shown on drawing 16 1201 8R (received on 16th Dec 2019). Accordingly, vehicles now parking in the new area are able to park and turn whether the camper van is parked in the above area or not. Further the camper van does not affect visibility (especially to the right) when existing the site. Accordingly, while the concerns of the neighbour are noted and that under the original application the applicants may have been in breach of their conditions; it is considered the current scheme would overcome this concern. - 7.0 RECOMMENDATION

7.1 Overall, it is considered the proposal would comply with General Policy 3, Environment Policies 1 & 2 and Transport Policy 4 of the Isle of Man Strategic Plan and therefore it is recommended that the application be approved.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 18.12.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

## 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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*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/29792-michael-corvally-barn-bollyn-road-ballaugh-alteration-shed/documents/1048517*