**Document:** Officer Planning Report Recommendation
**Application:** 09/01850/B — Alterations and extension to existing buildings to form a dwelling
**Decision:** Permitted
**Decision Date:** 2010-03-05
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/35706-malew-curphey-s-field-extension-dwelling/documents/1152003

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# Officer Planning Report Recommendation

**Application No.:** 09/01850/B
**Applicant:** Mr Richard Radcliffe
**Proposal:** Alterations and extension to existing buildings to form a dwelling
**Site Address:** Curphey's Field 434196 St Marks Road Ballasalla Isle Of Man ### Considerations Case Officer : Miss S E Corlett
**Expected Decision Level:** Senior Planning Officer ### Written Representations 33 Ballaquark Douglas Isle Of Man IM2 2EY Interest expressed ### Consultations Consultee : Highways Division Notes: Do not oppose Consultee : Malew Parish Commissioners Notes: Do not object Consultee : Manx Electricity Authority Notes: Comments received

### Officer's Report

### The Site

The site represents a rectangular piece of land which lies on the north western side of the A26 highway which links St. Mark's in the north to Ballasalla in the south. What sits on the site is the remains of a former cottage with an external footprint of 5.2 m by 8.2 m which is linked to a former barn alongside, which has a footprint of 5.2 m by 10.8 m . The barn has both gables fully intact, the cottage has one gable intact and the other mostly intact with ivy growing around it. The walling of the cottage stands to a height of 2.3 m and those of the barn 2.4 m high. The buildings are linked with a stone wall at the rear of the buildings. There is an existing opening in the roadside hedge, providing access into the site.

The site lies within an area where the speed of passing traffic is not restricted.

## Planning Status

The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as an Area of High Landscape or Coastal Value and Scenic Significance. On the draft Southern Area Plan published on 23rd October, 2009 the site lies within an area of Incised Slopes where there is the following text within the draft Written Statement: "Landscape Character Area 2 - Ballamodha, Earystane, and St Mark's: This is a fairly resilient landscape which has accommodated incursions of modern built development without severe detriment. However, some of the larger-scale residential developments lack either the topographical setting or the groups of trees which might have mitigated their visual impact."

Within the draft Planning Policy Statement 2/09 - The Role of Landscape Character in Development the following advice is provided for this class of landscape character:
"Type D: Incised Slopes
The overall strategy for the protection and enhancement of the Incised Slopes Landscape Character Type is to conserve and enhance: the remote and rural character; the relatively sparse settlement pattern of traditional hamlets and scattered farm buildings; the network of sunken and enclosed rural roads; and the substantial hedgerows and sod banks dividing irregularly-shaped pastoral fields. Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:-
- (a) Care should be taken to ensure that housing and business development does not detract from the distinctive identity and setting of settlements, and avoids coalescence with other settlements within this Landscape Type;
- (b) The design and layout of new housing and business development should include appropriate native structure planting to soften urban edges and enhance the transition to the wider landscape;
- (c) Approach routes, key views, and gateways to settlements within these landscapes should be enhanced;
- (d) Linear development along roads from settlements that extends urbanising influences into the wider countryside should be avoided;
- (e) The use of local vernacular building styles and materials should be encouraged;
- (f) New farm buildings that would compromise the pattern and scale of farmsteads across the undulating Incised Slopes landscapes should be discouraged;
- (g) Care should be taken to minimise loss of hedgerows, sod banks, and other distinctive boundary features along road corridors;
- (h) Tourist-related development, such as camp-sites, should avoid visually prominent locations, particularly those which can be viewed from higher land and those which would extend urbanising influence along the coast;
- (i) Care should be taken to avoid the suburbanisation of river valleys and stream corridors;
- (j) Tall vertical telecommunications masts or structures which detract from the sloping landform or create visual clutter should be avoided."

### Planning History

PA 99/0230 proposed the principle of the creation of a dwelling on this site, through the demolition of the existing buildings on the site and their replacement with a new dwelling and detached garage, submitted by the same applicant as the current application. This application was refused on appeal. The advice of the Department of Transport Highways and Traffic Division was that as the applicant owned land beyond the site frontage, the required site lines of 2.4 m by 35 m could be achieved. The Inspector concluded that "It is a fact that the building is not structurally capable of renovation and it is not the intention of the Appellant that the old single storey cottage should be renovated. He wishes to erect a new two storey building" which he states would be contrary to policy. He did not accept that the Department of Transport's original objection could be sustained.

THE PROPOSAL - original plans Now proposed is the renovation of both buildings. The cottage walls would be built up by approximately 300 mm and the chimney breasts removed, the existing large aperture in the front

elevation and the existing large window aperture both blocked up and three new windows inserted. There would be a link between the buildings in the form of a small building adjoining both either side, which is lower than, and set back from, the buildings on each side with a set of double doors in the centre of the front elevation. The barn is to have two new windows and a door inserted and the existing large aperture in the front elevation blocked up. There is to be a new aperture created in the northern gable of the cottage to give access to the new link but no other new apertures in the gables of both buildings.

In effect the majority of both front elevations will be lost through new apertures being added to existing voids in the walling, the eaves level raised by approximately 300 mm and the ridge height raised by 600 mm above the top of the existing gables.

The report accompanying the application, provided by Glasspool and Thiass, Consulting Structural Engineers state that there is some evidence of cracking on the front right hand and left hand sides but this can be repaired. He recommends the installation of a reinforced concrete beam introduced on both buildings and that the rear link wall be reduced in height and rebuilt using bonding plates.

The report is very short and does not provide a method statement of which elements of the work will be undertaken in which order. The drawings of the proposed elevations do not indicate clearly any new areas of masonry nor do they demonstrate how the ring beam will be incorporated without being visible from the outside.

Effectively the barn is being turned into a cottage and the cottage into an outbuilding with no front door or chimney breasts which will be introduced onto both ends of the barn.

AMENDED PLANS After discussion with the applicant, the plans have been amended and now show the retention of the cottage as such and the presentation of the barn as a barn rather than trying to turn this into a cottage. The cottage is a simple building with stacks, a central door and two windows symmetrically positioned each side. The barn's simple appearance is being preserved with only a window and a glazed screen inserted into the existing large aperture on the front elevation. On the rear the existing apertures are being retained.

REPRESENTATIONS Malew Parish Commissioners and Department of Transport Highways and Traffic Division indicate that they have no objection to the application. The latter indicates that visibility splays of "286-160 metres are required" and can be provided

2.4 b. y

Manx Electricity Authority request contact to discuss the provision of electricity supplies, which is not a material planning consideration and should not be referred to in the planning decision notice.

A resident of Ballaquark makes reference to Planning Circular 3/89 and suggests that the building is a ruin. He does not refer to the Strategic Plan which provides different criteria (ie it does not require that the building is substantially intact and only requires that the building has three walls up to eaves level, which these buildings have).

## Assessment

As the property lies within an area which is not designated for development, the proposal should be considered in the light of General Policy 3 and Housing Policies 11 and 13 which state the following:

General Policy 3: 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".

Housing Policy 11: 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 plans; 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 building of similar, or even identical form.

Further extension of converted buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character.

And
Housing Policy 13 states:
"In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost. Where
a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and
b) there is an existing, usable track from the highway; and where
c) a supply of fresh potable water and of electricity can be made available from existing services within the highway.

This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in a) above, or for the erection of replacement buildings. Extensions of dwellings formed in accordance with the above may be permitted if the

extension is clearly subordinate to the original building (ie. in terms of floor space measured externally, the extensions measures less than 50% of that or the original)."

In this case, the amended plans preserve and reinstate the character of the cottage and barn and utilise existing apertures. The method statement/structural report indicate that the building is capable of the proposed works and the amended plans reduce the amount of new build and new openings, reducing the potential for the building's collapse or deterioration during renovation and conversion works. It should be made clear in the notice that permission will not be granted for rebuilding of the building and that the permission is based upon the plans submitted with no further reconstruction or new fabric.

#### Party Status

The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.

The Manx Electricity Authority raise issues which are not material planning concerns and as such should not be afforded party status in this instance.

The resident of Douglas is not directly affected by the proposal and does not refer to up to date planning policy and as such should not be afforded party status in this case.

#### Recommendation

**Recommended Decision:** Permitted

**Date of Recommendation:** 26.02.2010

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

##### C : Conditions for approval

###### N : Notes attached to conditions

###### R : Reasons for refusal

###### 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.

This permission relates to the renovation and conversion of the existing buildings to form a dwelling, as shown in drawing reference 72.1.09 and the method statement/structural engineer's report both received on 12th November, 2009 and 72.2.09 Rev A received on 21st January, 2010.

For clarification, this approval relates only to the works shown in these drawings and no approval is hereby granted or implied to the re-building of any further fabric. If the structure is to collapse or fail during the implementation of the permission, or for any other reason, planning permission will be required to re-build the structure and it should be noted that such permission is unlikely to be forthcoming as this would be contrary to the provisions of Housing Policies 11 and 13 of the Strategic Plan.

C 3. All windows (except the glazed screen) must be sliding sash and all rooflights Conservation types and appear as shown in the approved drawings.

I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date :
Signed :
Senior Planning Officer

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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/35706-malew-curphey-s-field-extension-dwelling/documents/1152003*
