**Document:** Planning Officer Report
**Application:** 12/00314/B — Refurbishment and extension to create a dwelling
**Decision:** Permitted
**Decision Date:** 2012-04-19
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/2451-braddan-tuck-mill-slegaby-extension-dwelling/documents/1168775

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# Planning Officer Report

### Officer's Report

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#### The Application Site

1. The application site comprises the curtilage of a former tuck mill building that is located within Slegaby Farm complex in Onchan.

#### The Proposal

2. The proposal comprises refurbishment and extension to create a dwelling.

#### Planning History

3. The application site has been the subject of a number of previous planning applications, four of which are considered specifically material to the assessment of this current planning application:

4. Planning application 01/01465/A sought approval in principle for (a) the rebuilding of Glenside Cottages, conversion of the tuck mill and the stone barn to living accommodation and refurbishment of Ballacottier Farmhouse and the Beggar’s House; and (b) the refurbishment of the piggeries and Slegaby Farmhouse, Slegaby and Ballacottier, Onchan. This previous planning application was initially considered with part (a) approved and part (b) refused on the 21st November 2001.

5. Planning application 03/00470/B sought approval for refurbishment and extensions to create a dwelling, Tuck Mill, Slegaby and Ballacottier, Onchan. This previous planning application was initially refused on the 25th November 2003. The Planning Committee subsequently reversed their initial decision at review, with the review approval decision issued on the 1st April 2004.

6. Planning application 06/01202/B sought approval for amendments to approved 03/00470/B to include changing facing stonework for staircase enclosure to curtain walling and approval of reserved matters set out in condition 4 of 03/00470/B, Tuck Mill, Slegaby and Ballacottier, Onchan. This previous planning application was approved on the 25th September 2006. This previous planning approval was subsequently extended and currently expires on the 25th September 2012.

7. Planning application 07/01653/B sought approval for the demolition of existing Tuck Mill and erection of a dwelling. This previous planning application was refused on the 31st December 2007.

#### Planning Policy

8. In terms of land use designation, the application site is located within an area of land designated as open space for particular purpose (private woodland or parkland) under the Isle

of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 2. The application site and surrounding area are annotated as Area 21 within the local plan. Planning Circular 1/2000, which constitutes the written statement to be read in conjunction with the local plan, contains two policies that are considered specifically material to the assessment of this current planning application:

9. Policy O/RES/P/22 states:
"Outside those areas designated for residential development new dwellings will generally not be permitted within the local plan area. This applies particularly to the rural part of the district where the countryside is already protected by Planning Circular 1/88 the provisions of which will continue to be applied. In addition it should be noted that the countryside in its entirety within the district is designated by the local plan as of high landscape value and scenic significance in accordance with the provisions of the Island Strategic Plan Eastern Sector (Planning Circular 9/91)."

10. Policy O/RES/P/15 relates to Slegaby and Ballacottier Farms – Area 21, states:
"The Department will consider favourably a proposal to convert the existing tuck mill into living accommodation where this retains the fabric and the appearance and character of the existing building. The applicant is advised to consult the Department of Local Government and the Environment’s Conservation Officer and Manx National Heritage prior to the formulation of a planning application."

11. In terms of strategic planning policy, the Isle of Man Strategic Plan 2007 contains five policies that are considered specifically material to the assessment of this current planning application.

12. 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 overriding 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."

13. Housing Policy 4 states:
"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."

14. Housing Policy 11 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."

15. Housing Policy 12 states:
"The replacement of an existing dwelling in the countryside will generally be permitted unless:
- (a) the existing building has lost its residential use by abandonment; or
- (b) the existing dwelling is of architectural or historic interest and is capable of renovation. In assessing whether a property has lost its habitable status by abandonment, regard will be had to the following criteria:
- (i) the structural condition of the building;
- (ii) the period of non-residential use or non-use in excess of ten years;
- (iii) evidence of intervening use; and
- (iv) evidence of intention, or otherwise, to abandon."

16. 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 (i.e. in terms of floor space measured externally, the extension measures less than 50% of that of the original)."

### Representations

17. Onchan District Commissioners recommend that the planning application be approved.

18. The Department of Infrastructure Highways Division do not oppose the planning application.

### Assessment

19. The planning application proposes the refurbishment and extension of the former tuck mill to create a dwelling. The proposal is effectively a revision of the extant planning approval for conversion under previous planning application 06/01202/B, the key differences being a change from a hipped to gabled roof, a change to the external appearance of the extension, changes to fenestration detailing, the addition of a chimney stack and the felling of an adjacent tree. Whilst not specifically requiring planning approval the internal layout of the proposed development has also been amended.

20. The changes to the appearance of the proposed development from that approved under previous planning application 06/01202/B are considered to be acceptable. The use of a gable roof is arguably more traditional than a hipped roof and therefore more in keeping in the rural location. The revision to the external appearance of the extension is considered acceptable as the change is relatively modest and could be said to be less obvious than the extant approved extension. The change in fenestration detailing is also considered to be acceptable, as it is the addition of a chimney stack. The proposed development does require the felling of a tree that is positioned within close proximity of the building. Whilst such loss is unfortunate it is accepted that without its felling the development cannot be undertaken, as the tree is in such close proximity to the building that it directly affects the viability of conversion. Given that planning approval exists for conversion and it is specifically referred to within planning policy it is concluded that the loss of this tree to allow the development to proceed is acceptable. The application site and surrounding area contains a significant amount of mature trees, the loss of this particular tree would not have a significant impact on the overall level of tree coverage within the surrounding area. The benefit of converting the building is concluded to outweigh the loss of the tree.

21. Overall, it is considered that the changes to the proposed conversion are acceptable and that the resultant development would result in a positive addition to the area.

RECOMMENDATION

22. It is recommended that the planning application be approved.

## PARTY STATUS

23. It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Onchan District Commissioners.

24. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Department of Infrastructure Highways Division.

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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/2451-braddan-tuck-mill-slegaby-extension-dwelling/documents/1168775*