**Document:** Planning Officer Report
**Application:** 13/00376/B — Conversion of existing out building into a dwelling
**Decision:** Permitted
**Decision Date:** 2013-07-25
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/4214-union-mills-riversdale-conversion-dwelling/documents/1150420

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# Planning Officer Report

### Officer's Report

[Table omitted in markdown export]

#### 1.0 Site

1.1 The application site forms part of the residential curtilage of Riversdale, Strang Road, Union Mills, located on the eastern side of Strang Road.

1.2 Within the application site is a traditional two storey detached dwelling and a traditional two storey detached barn, both of which are accessed via an existing entrance from Strang Road which leads to a fairly large hardstanding area which fronts the entire eastern elevation of the two storey detached barn.

#### 2.0 Proposal

2.1 The application seeks approval for the conversion of the existing out building to a dwelling. The proposal would result in a two bedroom property (bedrooms located at ground floor level) with a lounge kitchen above. The existing structure will remain, bar the existing single storey garage which directly fronts onto Strang Road, which is to be demolished (two walls retained) and replaced in part with a pitched roofed car port.

2.2 The demolition of the existing garage and also part of the front boundary walls also enable minimum visibility splays of 2.4 m by 18 m in either direction. Currently the visibility from the access and garage is very poor due to these built features which are positioned within a metre of the highway.

2.3 All windows and doors which would provide outlook and light are all located within the eastern elevation using existing/original apertures. The existing roof structure would be replaced but existing slates would be reused.

#### 3.0 Planning Status

3.1 The site has been zoned under the Braddan Local Plan as being "residential"; the site is not located within a Conservation Area, nor within an area zoned as High Landscape Value or Costal Value and Scenic Significance.

3.2 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-

3.3 "Housing Policy 11 specifically relates to rural buildings, whereas the application site is within a residential area, where there is a presumption for development. However, the policy is perhaps worth some consideration as the issues indicated within this policy should still be

considered. This policy states: "Conversion of existing rural buildings into dwellings may be permitted, but only where:
- (a) redundancy for the original use can be established;
- (b) the building is substantially intact and structurally capable of renovation;
- (c) the building is of architectural, historic, or social interest;
- (d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building;
- (e) residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; and
- (f) the building is or can be provided with satisfactory services without unreasonable public expenditure. Such conversion must:
- (a) where practicable and desirable, re-establish the original appearance of the building and
- (b) use the same materials as those in the existing building.

Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar or even identical form.

Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character."
3.4 General Policy 2 states: "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:
- (a) is in accordance with the design brief in the Area Plan where there is such a brief;
- (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;
- (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
- (e) does not affect adversely public views of the sea;
- (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- (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;
- (j) can be provided with all necessary services;
- (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- (I) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- (n) is designed having due regard to best practice in reducing energy consumption."

## 4.0 Planning History

4.1 The previous planning application is considered relevant in the assessment and determination of this application: 4.2 Approval in principle for conversion of outbuilding to dwelling and alterations to vehicular access - 02/02460/A - APPROVED

5.0 REPRESENTATIONS 5.1 Braddan Parish Commissioners:- "No concerns" 5.2 Highways Division have no objection to the application. 5.3 The Manx Electricity Authority makes not comment on the application but ask an informative note be attached to any approval. 5.4 The owners/occupiers of Forest Lodge, Strang Road, Union Mills have objected to the initial proposal which can be summarised as; the proposed roof terrace/large gable end window (now removed under amended plans) and southern gable end window would directly overlook our property and garden resulting in a loss of privacy.

## 6.0 Assessment

6.1 The starting point for a proposal to convert an existing building in the countryside to a dwelling would be Housing Policy 11. There are a number of criteria indicated within this policy, which any proposed development must comply with. 6.2 With regard to paragraph (a) of Housing policy 11, the barn is not is currently in use for any agricultural or workshop etc. If the building was once use for agricultural, then previously comments received from the DEFA this type of barn can no longer be used for modern agricultural farming either for storage of equipment or keeping of animals (animal welfare standards). It is therefore consider the redundancy has been established and conforms to Housing Policy 11. 6.3 With regard to paragraph (b), this item deals whether the building is substantially intact and structurally capable of renovation. Included in the submission is a detailed structural survey. This report states and concludes that:- "The only structural defect of any significance observed is the cracking in the southern gable wall. The size and location of the cracks are such to require structural repairs to be specified to tie the walls together and to prevent further movement. The defects are not of an magnitude to indicate that the wall is unstable. Smaller more localised masonry defects such as re-pointing or rebuilding of the chimneys, gable verges and eaves masonry are to be expected when refurbishing a Manx stone building." 6.4 This report concludes that "the outbuilding is suitable for the proposed renovation. The discussed stone works defects require repair with the timber elements replaced to attain a standard of construction suitable for habitation." 6.5 The structural report also lists how all the repairs must be carried out in sequence to ensure the stability if the existing masonry walls. 6.6 Whilst works are required to convert the property into a dwelling, it is considered it is possible, and therefore complies with the policy. 6.7 With regard to paragraph (c) of Housing policy 11, the existing building is a Manx stone barn which is situated immediately adjacent to the Strang Road. The barn (indicated on deed back to the late 1800's) is constructed of Manx Stone with a slate roof which is typical for this traditional barn. The main structure and window openings would be reused, with no new openings being created. Overall, it is considered that it is worthy of renovation and conversion and therefore complies with Housing Policy 11. 6.8 With regard to paragraph (d) of Housing policy 11, the proposal is large enough to form a satisfactory dwelling (width 10 metres \& a maximum depth of 5 metres) over two

storeys. The barn would result in a modestly sized two bedroomed property. It is considered the existing barn would comply with this policy.
6.9 Regarding paragraph (e) of Housing policy 11, perhaps one of the main issues with the application is whether the additional dwelling would result in an unacceptable impact upon the residential amenities (loss of light, overbearing impacts and/or overlooking). The closest neighbouring properties are Forest Lodge and Riversdale (within applicant's ownership).
6.10 Initially the proposed scheme included a balcony over the existing store building which was accessed via a large gable ended window/door (south elevation). Concerns were raised by the occupants of 'Forest Lodge' due to concerns of overlooking. After an Officer from the Planning Authority visited both sites, these concerns of overlooking were shared. Consequently, after discussions with the applicant's agent, amended plans where submitted which omitted the balcony and large gable end window/door. Due to this, but also as the development would not result in window in any substantial built development or changes to the existing building (i.e. installation of new windows which would directly face towards Forest Lodge, except the ground floor en-suite bathroom window which can be obscure glazed via a condition), it is considered the proposed scheme would not have any significant impact upon the amenities of the occupants of 'Forest Lodge' sufficient to warrant a refusal.
6.11 In relation to the residential amenities of 'Riversdale' the main issue would relate again to overlooking given the first floor windows within the eastern elevation face towards 'Riversdale'. The proposal would face towards the gable end wall which has no windows within (expect porch windows). Therefore there will be no overlooking of the dwelling. Overlooking may occur towards the rear garden area, albeit views would be partially screened by existing mature landscaping within the garden area. The proposed windows would also be approximately 15 metres form the garden area immediately to the rear of the dwelling (i.e. area most likely to be used). The property 'Riversdale' does benefit from a very substantial rear garden projection some 50 metres to the rear boundary of the site. It should also be noted that the two windows mentioned are relatively small, especially the window to the lounge, whilst the second window serves a small section (adjacent to staircase) of space which is positioned between the lounge and kitchen areas. Overall, whilst the proposal will increase the likelihood of overlooking, it is consider for the reasons indicated above the proposal would not give raise to a significant level of overlooking such as to warrant a refusal.
6.12 Overall, for these reasons indicated, it is considered the proposal would comply with paragraph (e) of Housing policy 11.
6.13 Paragraph (f) requires the building is or can be provided with satisfactory services without unreasonable public expenditure. The proposal is located within Union Mills near to a number of residential properties. Consequently it is reasonable to consider the proposal can be provided with the necessary services without unreasonable public expenditure.
6.14 In conclusion it is considered the proposal would comply with Housing Policy 11 for the reasons given.
6.15 A further material planning matter which requires consideration relates to the proposed access arrangement and parking provision. Under the Isle of Man Strategic Plan requires any dwelling to be served by two off road parking spaces. The proposed converted property would be served by the proposed car port and the existing hardstanding fronting the property. The occupants of the neighbouring property 'Riversdale' would also use part of the existing hardstanding area. Whilst there is room and also space for a turning area (for both properties), there was concern that without the parking spaces being laid out, this has the potential to could cause issues between the two occupants of the two dwellings. Consequently, after discussion with the agent a plan has been submitted which shows the

hardstanding area being separate, forming a clear area for the proposed property to use for parking and or garden.
6.16 In terms of visibility splays the applicant has now shown a drawing showing the required splays ( 2.4 m by 18 m ). These meet the requirements of the Highway Division.

## 7.0 Recommendation

7.1 Overall, it is considered the proposal would comply with the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.

#### 8.0 Party Status

8.1 It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d) and should be afforded interested party status:

Braddan Parish Commissioners
The owners/occupiers of Forest Lodge, Strang Road, Union Mills
8.2 The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
8.3 It is considered that the following do not meet the criteria of Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d) and should not be afforded interested party status:

The Manx Electricity Authority

### Recommendation

Recommended Decision: Permitted

Date of 23.07.2013

Recommendation:

### Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> O : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. The development hereby permitted shall not be carried out except in full accordance with the following plans 12095801,12095802,1209583 A and 1209584 B received on 27th March 2013 and 28th May 2013. .

C 3. Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the southern elevation of the ground floor ensuite window and shall be maintained as such thereafter.

C 4. A minimum visibility splays of 2.4 metres by 18 metres must be provided for the site access prior to first occupation of the dwelling and retained thereafter. No obstruction to visibility above 1.05 metres in height shall take place within the splays so provided.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : ..... 25.7.13 Determining officer (delete as appropriate) Signed : S22100114 Anthony Holmes Senior Planning Officer Sajna Corlett Senior Planning Officer Signed : Signed : Michael Gallagher Jennifer Chance Director of Planning and Building Control Development Control Manager

PA13/00376/B Mr Roger Leece Conversion of existing out building into a dwelling, Riversdale Strang Road Union Mills Isle Of Man IM4 4NP Planning Officer:

Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 04.04.2013, includes;

Dev Control Polygons:
Reference Number: 13/00376/B
Status: Pending Consideration
Proposal: Conversion of existing out building into a dwelling
Reference Number: 02/02460/A
Status: Permitted
Proposal: Approval in principle for conversion of outbuilding to dwelling and alterations to vehicular access
Reference Number: 12/01485/A
Status: Application Withdrawn
Proposal: Approval in principle for the conversion of existing outbuilding into a dwelling

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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/4214-union-mills-riversdale-conversion-dwelling/documents/1150420*
