**Document:** 08/00675/B Officer Report **Application:** 08/00675/B — Conversion of out building into a dwelling **Decision:** Permitted **Decision Date:** 2008-07-28 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/84988-lezayre-elgin-port-e-conversion-dwelling/documents/1158124 --- # 08/00675/B Officer Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] ### Officer's Report #### The Application Site And Proposed Development The application site comprises of the curtilage of a detached dwelling that is located on Jack’s Lane in Maughold. The building that is the subject of the proposed development is located to the western or rear half of the application site. The proposed development comprises of works to convert the building into a dwelling. #### Planning History The application site has been the subject of five previous planning applications that are considered specifically material to the assessment of this current planning application: Planning application 00/01036/B sought approval for the conversion of former chicken shed to storage building including excavation of adjacent earth. This previous planning application was initially considered and approved on the 4th October 2000, with the initial approval decision notice issued on the 18th October 2000. Planning application 03/01142/A sought approval in principle for the conversion of part of former storage shed to two holiday units with new access and driveway. This previous planning application was initially considered and refused on the 31st October 2003, with the initial refusal decision notice issued on the 6th November 2003. The Planning Committee subsequently resolved to reverse their initial decision at review on the 19th December 2003, with the review approval decision notice issued on the 5th January 2004. Planning application 04/01371/B sought approval for the conversion of poultry shed into tourist accommodation. This previous planning application was initially considered and approved on the 10th September 2004, with the initial approval decision notice issued on the 15th September 2004. Planning application 05/00773/B sought approval for amendments to approved conversion of former poultry shed into two tourist units (04/01371/B) including increased roof pitch, addition of porches, chimneys and roof lights. This previous planning application was initially considered on the 17th June 2005, with the initial approval decision notice issued on the 24th June 2005. Planning application 07/01794/B sought approval for the conversion of outbuildings to a dwelling. This previous planning application was considered and refused on the 25th January 2008, with the refusal decision notice issued on the 29th January 2008. A copy of the decision notice for this previous planning application has been placed on the file for this current planning application. ### Representations Maughold Parish Commissioners recommend that the planning application be approved. The Department of Transport Highways Division do not oppose the planning application. The Isle of Man Water Authority expresses an interest in the planning application. The owners and/or occupants of White Lea Lodge, which directly neighbours the application site, object to the planning application. They highlight previous planning applications and suggest that the concerns of those previous planning applications have not been addressed. ### Planning Policy In terms of land use designation the application site is not designated for any site specific purpose under the 1982 Development Plan and as such represents "white land". It is located within a wider area of land that is classified as being of high landscape or coastal value and scenic significance. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains four policies that are considered specifically material to the assessment of this current planning application: #### 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, historic, or social value and interest; (Housing Policy 11); - (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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." #### Environment Policy 2: "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." ### Housing Policy 4: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: - (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; - (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and - (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14." ### 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 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." ### Assessment The proposal comprises of works to convert the former chicken shed building that is located within the application site into a dwelling. In terms of the Isle of Man Strategic Plan 2007 there is a general presumption against residential development in the countryside, such as the application site for this current planning application. Exceptions to this presumption against are set out by General Policy 3 and Housing Policy 4, which allows the conversion of redundant rural buildings subject to assessment against Housing Policy 11. Given that a building already exists on the application site it is concluded that the development would not unduly harm the character and quality of the landscape, therefore discounting Environment Policy 2. In respect of Housing Policy 11 the proposed conversion of the building accords with five of the six criteria for acceptability, as it cannot be said that the building is of architectural, historic, or social interest. However, as there are extant planning approvals through previous planning applications 04/01371/B and 05/00773/B to convert the building into tourist accommodation it may be unreasonable to oppose the proposed development based purely on this one criterion of Housing Policy 11. On balance, it is considered that the existence of the extant planning approval is a significant material planning consideration in the assessment of the planning application. By accepting that conversion is acceptable it is considered appropriate for the conversion to comply with the remainder of Housing Policy 11. In this respect the conversion works proposed by this current planning application are substantially reduced from those proposed by previous planning application 07/01794/B. As such, the dwelling resulting from the proposed development is more in line with the size and form of the existing outbuilding. The development proposed by this current planning application therefore addresses the first reason for refusal of previous planning application 07/01794/B. The proposed development also attempts to address the second reason for refusal of previous planning application 07/01794/B through the re-design of the conversion, the site layout and boundary treatment. As previously concluded it is considered that necessary to examine the impact of the proposed dwelling on the residential amenity of the three neighbouring properties (Elgin, White Lea Lodge and Elgin Stables). In terms of Elgin (the existing property also contained within the application site) it is concluded that sufficient space exists to provide adequate screening between it and the proposed dwelling. Indeed, there already exists a significant hedge that divides the application site. In terms of White Lea Lodge (the existing property to the south of the application site) it is concluded through an examination of ordnance survey mapping, the layout of the proposed dwelling and a site visit that the impact of the proposed dwelling on the neighbouring property is suitably limited. In terms of Elgin Stables (the existing property to the north of the application site) it is concluded that the revised design, layout and boundary treatment suitably limits the impact of the proposed dwelling on the neighbouring property. As such it is considered that the second reason for refusal of previous planning application 07/01794/B has been addressed. On the basis of the above it is concluded that the proposed development is an acceptable exception on the grounds of the extant planning approval and that the proposal satisfactorily addresses the previous reasons for refusal of planning application 07/01794/B. It is recommended that the planning application be approved. ### Party Status It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status: Maughold Parish Commissioners; The Department of Transport Highways Division; and The owners and/or occupants of White Lea Lodge. It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status: The Isle of Man Water Authority. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 10.07.2008 ### 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 approval relates to drawing no.s 101 rev. 0, 102 rev. 0 and 103 rev. 0 date stamped the 31st March 2008. Decision Made: APPROVE Committee Meeting Date: 24/7/08 --- *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/84988-lezayre-elgin-port-e-conversion-dwelling/documents/1158124*