**Document:** DEC Officer Report
**Application:** 19/00254/B — Creation of two windows to dwelling, erection of detached car port and erection of side annex to dwelling and conversion of existing detached garage to create two tourist accommodation units
**Decision:** Refused
**Decision Date:** 2019-04-18
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/29891-malew-church-farmhouse-conversion-garage/documents/1049774

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# DEC Officer Report

**Application No.:** 19/00254/B
**Applicant:** Kobus Limited
**Proposal:** Creation of two windows to dwelling, erection of detached car port and erection of side annex to dwelling and conversion of existing detached garage to create two tourist accommodation units
**Site Address:** Church Farmhouse Great Meadow Castletown Isle of Man IM9 4EB Principal Planner: Miss S E Corlett
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Refused
**Date of Recommendation:** 15.04.2019 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The proposed conversion of the garage fails to accord with the relevant Strategic Plan policies and would undermine the Plan's presumption against the creation of new habitable units in the countryside as would the proposed extension to the main house. The proposal would therefore be contrary to General Policy 3 and Environment Policy 2 of the Strategic Plan and would fail to comply with Environment Policy 11 of the Strategic Plan. - R 2. The style and appearance of the proposed extension to the main house would fail to comply with Housing Policy 15 and would result in a deleterious impact on what is a handsome and relatively unspoiled historical dwelling which whilst neither Registered nor suggested in the Area Plan for consideration for such, is an old and attractive building and opposite the site of a Registered Building. _______________________________________________________________

### Interested Person Status – Additional Persons

none _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The site is the curtilage of Church Farmhouse which lies on the eastern side of the A3 opposite Great Meadow mansion house and grounds. The site accommodates the main house which sits centrally in the site along with a detached garage and greenhouse to the east.

1.2 The house is a stone faced dwelling, described by the applicant as late Victorian/Edwardian and it has a single storey, stone, hipped roofed annex along with a stone, two storey annex on the rear. THE PROPOSAL

2.1 The applicant describes the existing dwelling as having permission for use as tourist accommodation but the demand for something as large as the existing property with its 5 bedrooms and shared wet area facilities, has proved intermittent and without a regular level of occupation. Proposed is the updating of the main house to provide en-suite bathrooms, the creation of an additional tourist unit through the conversion of the existing garage, a further two bed unit to be created from the demolition of the existing detached stores and oil tank building resulting in what they consider to be the provision of two smaller independent letting units which would allow multiple lets to different sized groups. Finally, a car port is proposed to provide two parking spaces for the main house with four additional spaces provided within the site to serve the other two units. Main house - 2.2 On the ground floor, an existing doorway into an existing bedroom is to be blocked off and a single storey extension to the north of the main house is proposed adding a dining room, two en-suite bathrooms and the existing bedroom is to be converted to a kitchen. There is no access between the main house and this unit and it is completely separate with its own access and two parking spaces outside. - 2.3 The finish materials on this extension are modern with a standing seam, zinc, monopitched roof and walling finished externally in fair faced blockwork, timber effect cladding and polyester coated metal fascia with timber windows and doors. A new canopy is to be provided above the main door on the southern elevation. - 2.4 On the first floor the accommodation will be re-arranged to retain the four bedrooms but with the provision of en-suite facilities for each. Existing Garage - 2.5 The existing garage is a modern structure with a footprint of 6.7m by 6.7m, an eaves level of 2.6m and a ridge level of 4.6m. The building is finished in painted render with a slated roof and a single garage door. - 2.6 Proposed is the replacement of the garage door with a combination of a pedestrian door, timber cladding and uPVC framed door and window: on the rear elevation there will be new patio doors and cladding. A new window is proposed on the southern elevation of the existing garage. - 2.7 Internally the building will be laid out with one bedroom, a combined kitchen/dining/sitting room and a bathroom. Proposed car port - 2.8 The proposed car port will have a footprint of 5.3m by 6m with open sides and a slated roof. The frame will be oak.

## PLANNING POLICY

3.1 The site lies within an area designated on the Area Plan for the South (2013) as not for a particular purpose. Great Meadow opposite is identified as Existing Low Density Housing in Parkland. The site lies within an area of Undulating Lowland Plain on the Landscape Character Appraisal.

3.2 There is therefore a presumption against development here as set out in General Policy 3, Environment Policies 1 and 2 of the Strategic Plan. - 3.3 There are policies relating to the Landscape Character Appraisal relating to the landscape character type which is applicable here, as follows:

3.10 Implications of the Landscape Character Assessment Landscape Type - Undulating Lowland Plain and Rugged Coast Landscape Area - F7 (Castletown and Ballasalla), F8 (Poyll Vaaish and Scarlett Peninsula) and E10 (Castletown Bay)

- i. The broader setting of Castletown is provided by Castletown Bay, which is formed by the Langness Peninsula on the east and by Scarlett to the west, and by the gently sloping agricultural land rising towards South Barrule. This certainly merits protection, both for its own sake in terms of landscape, and as the historic context of the Town.
- ii. To maintain and improve the approaches to the Town. The more immediate setting for the old town - the residential developments around the edge, and, to the north-east, industrial development - is in some places and in some respects disappointing as they do not seem to reflect the local style and scale of development. Refurbishment, and in some instances new development, should provide opportunities to improve the built environment alongside the approaches to the Town.
- iii. Retention of the green space which serves to separate Castletown from the industrial development to the north (see Green Gap Proposal 3). 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. 3.4 The Strategic Plan has advice on tourist accommodation as follows:

- 4.4.4 The development of tourism should be fostered by making appropriate use of the Island's natural attractions, our built heritage and our vintage transport systems. Accordingly:

Strategic Policy 8: Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and manmade attractions.

- 4.4.5 This policy reflects the general restriction on new development outside defined development zones. Tourist proposals in the countryside will normally be required to meet the above criteria.

Environment Policy 16: The use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use may be permitted where:

- a) it is demonstrated that the building is no longer required for its original purpose and where the building is substantially intact and structurally capable of renovation;

- b) the reuse of the building will result in the preservation of fabric which is of historic, architectural, or social interest or is otherwise of visual attraction;
- c) it is demonstrated that the building could accommodate the new use without requiring extension or adverse change to appearance or character;
- d) there would not be unacceptable implications in terms of traffic generation; a) conversion does not lead to dispersal of activity on such a scale as to prejudice the vitality and viability of existing town and village services; and f) the use of existing buildings involves significant levels of redevelopment to accommodate the new use, the benefits secured by the proposal in terms of impact on the environment and the rural economy shall outweigh the continued impact of retaining the existing buildings on site.

9.5.3 It is considered that the Island's primary assets to tourists and visitors alike are its unique historical landscape, culture and heritage, as well as a wide range of specialist events and attractions. Many activities and facilities providing for the Island's tourists require no permanent development: the TT Races, for example which attract by far the most significant number of tourists to the Island of any event held here, require little but the Grandstand on Glencrutchery Road and a small number of modest marshals' shelters around the Course. Tourism can, however require the erection of built structures - holiday accommodation being the most frequently requested form of new development required in association with the tourism industry. It is important that a balance be struck between the needs of tourism and the protection of these assets, and that tourism development should be sustainable in accordance with the objectives of this plan. There is no special reason why less demanding policies should be applied to tourism development than for other types of development in the countryside, and larger scale schemes may have to be the subject of an environmental impact assessment before planning permission is granted, as with any other form of large scale development.

- Business Policy 11: Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted.
- Business Policy 12: Permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10 Housing Policy 11.

Housing Policy 15 provides advice on the extension of traditionally designed properties as follows:

The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally).

## PLANNING HISTORY

4.1 The site has been the subject of a number of applications for alterations and extensions to the main house, the erection of the garage (97/00215/B) and creation of farm access lane. Most recently an application was approved to use the house as self catering accommodation (18/00259/C. It should be noted that this was an application for the additional use of the property for this purpose, with the original use as a dwelling still remaining. REPRESENTATIONS - 5.1 Malew Parish Commissioners raise no objection to the application (03.04.19). ASSESSMENT

6.1 There are no policies for the creation of new tourist accommodation in undesignated areas and it is clear in the Strategic Plan that as much care will be given to the proposal for tourist development in the countryside as with other forms of development. Whilst there are policies which support the conversion of certain existing buildings in the countryside to new uses including tourist accommodation, there are conditions imposed upon this provision.

6.2 Firstly, the building must be redundant for its original purpose. In this case the building is clearly not redundant as there is no evidence that it is not still required to serve the main five bedroomed house and in addition, the application proposes a two vehicle car port to replace the garage to be lost through its conversion to tourist accommodation. - 6.3 Secondly, it must be demonstrated that the reuse of the building will result in the preservation of fabric which is of historic, architectural, or social interest or is otherwise of visual attraction. In this case, the building was constructed in the late 1990s and cannot be described to have any historic, architectural or social interest. - 6.4 Thirdly, it must be demonstrated that the building could accommodate the new use without requiring extension or adverse change to its appearance or character. In this case the proposed changes result in the complete transformation of what currently appears as a modest, functional garage, to something quite different which has a domestic character and is clearly capable of, and has been designed for living accommodation. - 6.5 It is important to bear in mind that EP11 requires that all of the criteria are satisfied and whilst the proposal does not fall foul of parts d, e and f, it certainly does not comply with parts a, b and c and thus fails to comply with this overall policy. - 6.6 This part of the proposal also fails to comply with any parts of GP3 or EP2. - 6.7 The extension of the main house results in the creation of a self-contained unit of accommodation which does not comply with GP3. Its design and appearance is quite distinct from that of the main house which is relatively symmetrical and whose character is very much provided by its limestone walls, shallow pitched roof and delicately framed windows and doors. As such, it is difficult to see how this complies with HP15 which requires that extensions respect the proportion, form and appearance of the existing property. - 6.8 The proposed canopy would be added to a building which currently and originally appeared to have no such feature. The Registered Buildings Officer advises that the building is more of a classical building than Victorian Gothic to which the proposed canopy would be more akin. It may have that the building was originally rendered. It is his view that the canopy - in fact any canopy would be inappropriate. If there were to be an entrance feature, what is proposed would not be considered appropriate. - 6.9 The appearance and position of the proposed car port is not considered objectionable even if the existing garage is not converted.

## CONCLUSION

7.1 The proposed conversion of the garage fails to accord with any of the Strategic Plan policies and would undermine the Plan's presumption against the creation of new habitable units in the countryside as would the proposed extension to the main house. In addition, the style and appearance of the proposed extension to the main house would fail to comply with Housing Policy 15 and would result in a deleterious impact on what is a handsome and relatively unspoiled historical dwelling which whilst neither Registered nor suggested in the Area Plan for consideration for such, is an old and attractive building and opposite the site of a Registered Building.

7.2 Whilst the justification given for the works is understood, there is nothing preventing the property from being occupied as a private dwelling and there is no evidence that there is no demand for permanent occupation of a building of this size and character. The reasons given in support of the application (which have no reference to any planning policies) are not considered sufficient to warrant approving new units of accommodation in the countryside. 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.

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 : Refused Date : 18.04.2019 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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