**Document:** Officer Planning Report **Application:** 10/00107/C — Change of use from private farmhouse to tourist accommodation **Decision:** Permitted **Decision Date:** 2010-04-22 **Parish:** Michael **Document Type:** report / officer_report **Source:** https://planningportal.im/a/35677-kirk-michael-ballagawne-farm-dwelling-change-of-use/documents/1179025 --- # Officer Planning 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] [Table omitted in markdown export] ### Officer's Report #### The Site The application site relates to an existing dwelling located at Ballagawne Farm, Peel Road, Kirk Michael. To the north of the dwelling is a smaller dwelling and beyond that is a stone barn with approval for conversion to form a dwelling. All of these buildings are under the ownership of the applicant and the site is accessed via a private lane from the A4. #### The Proposal This application seeks approval for the change of use of the existing building to tourist use. Once the barn conversion approved under 10/00124/B is complete, the existing farm house will be used for tourist accommodation and the barn will become the family home. #### Planning Status The application site is located within an area identified as being of High Landscape or Coastal Value and Scenic Significance by the 1982 Development Order. Within the Isle of Man Strategic Plan 2007, the following are judged to be relevant: Paragraph 8.9.3; Business Policy 13, which states: "Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents." ## Planning History The following applications are considered specifically relevant in the assessment and determination of this application: 10/00106/C is a concurrent application which seeks approval for the change of use from residential to tourist accommodation, Private Cottage, Ballagawne farm, Peel Road, Michael. 10/00124/B sought approval for the conversion of barn to dwelling. this was approved. ### Representations Michael Commissioners do not object to this application. The Highways Division does not oppose this application. The owner/occupier of 33 Ballaquark, Douglas comments on where the land associated with the dwelling will be farmed from. ### Assessment The main issue to consider in the assessment of this application is whether the proposal complies with BP13. A secondary matter is how the change of use affects the agricultural land which is associated with the dwelling. BP13 sets out the presumption in favour of using private residential properties as tourist accommodation provided that it can be demonstrated that such use would not compromise the amenity of neighbouring properties. In this case, the adjacent property is owned by the applicant and is also proposed to be changed to tourist accommodation. It is judged that the proposal complies with BP13. Paragraph 8.9.3 sets out the criteria for judging whether there is need for a new agricultural dwelling. Part (a) specifically requires previous severance of buildings to be taken into account. The existing dwelling is not tied agriculturally and as such there is no planning control over ownership or those who can reside in the property. Any future application for an agricultural worker's dwelling would be considered having regard to this application. The applicant's agent has submitted information to confirm that the land associated with the dwelling is leased to a tenant farmer who resides in a dwelling in Kirk Michael. ### Recommendation Permit. ### Party Status It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: Michael Commissioners Accordingly the following parties are not granted Interested Party Status: The owner/occupier of 33 Ballaquark, Douglas 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. **Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 08.04.2010 **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 approval relates to the change of use from private dwelling to tourist accommodation, Ballagawne Farm, Kirk Michael as shown by 01 and 155 received 29th January 2010. I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. **Decision Made:** Permitted **Date:** 21 April 2010 **Signed:** __________________________ Senior Planning Officer --- *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/35677-kirk-michael-ballagawne-farm-dwelling-change-of-use/documents/1179025*