**Document:** Officer Planning Report **Application:** 12/00578/B — Conversion of existing studio / store above existing garage to create additional ancillary living accommodation with additional use for tourist accommodation **Decision:** Permitted **Decision Date:** 2012-05-24 **Parish:** Santon **Document Type:** report / officer_report **Source:** https://planningportal.im/a/2710-santon-cronk-froy-conversion-garage/documents/1271027 --- # Officer Planning Report [Table omitted in markdown export] ### Officer's Report #### 1.0 The Site 1.1 The application site represents the residential curtilage Cronk Froy, Knock Froy Road, Santon which is located on the south-eastern side of Knock Froy Road and east of Newtown. The property is a recently construct, which appears as a two storey detached dwelling with the appearance of a traditional Manx farm house which is flanked by two attached traditional stone barns (also recently constructed). #### 2.0 The Proposal 2.1 This application seeks approval for conversion of existing studio / store above existing garage to create additional ancillary living accommodation with additional use for tourist accommodation. 2.2 In terms of engineering operations it is proposed to alter the existing double garage door to a single garage door and the erection of two first floor windows within the northwest elevation of one of the attached barns. #### 3.0 Planning Status 3.1 The application site is within an area recognised as being an area of "white land" under the Isle of Man Development Order 1982. The site is not within a Conservation Area; but is within an area zoned as High Landscape or Coastal Value and Scenic Significance. 3.2 Due to the site location, zoning and the type of proposal, the following policy is relevant for consideration:- "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Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein.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 [Table omitted in markdown export] - (b) the location for the development is essential." "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." ### 4.0 Planning History 4.1 The following previous planning application which is considered relevant in the assessment and determination of this application:- 4.2 Construction of proposed replacement dwelling with integral garage - 04/02503/B – APPROVED 4.3 Amendment to approved replacement dwelling (04/02503B) to change size of some windows including the provision of four roof lights - 05/92395/B – APPROVED 4.4 Erection of a stable block - 06/02203/B – APPROVED ### 5.0 Representations 5.1 The Department of Transport Highways and Traffic Division have no objection subject to the imposition of the following condition:- "Three parking spaces need to be provided. Two are for the main dwelling and one for the tourist accommodation." 5.2 The Authority has received no other privately written representations objecting to the application. ### 6.0 Assessment 6.1 The issue to consider relating to the proposed nature and use of the converted studio/store would be appropriate in this location. 6.2 It should be noted that initially Housing Policy 11 was considered relevant to assess the proposal in terms of the criteria which is set out within this policy (redundancy, structurally capable, architectural, historic, or social interest, building is large enough, residential use is not incompatible with adjoining established uses and services can be adequate provided). However, Housing Policy 11 deals with the conversion of existing rural buildings into dwellings. The proposal would be to convert an existing attached garage which is within an existing residential curtilage. Therefore, it is considered this policy is not relevant in this instance. 6.3 It should also be noted that the applicant could have converted the garage into living accommodation in connection with the main dwelling house without planning approval. Once this was done, they could then rent up to three bedrooms of the property as a B&B without the need for planning permission. The aspects which require planning approval are the external alterations and the proposed use as a self contained unit, including tourist accommodation. 6.4 Given the proposal result in a self contained unit as indicated by the plans and by the intentions of the applicants, it is important to consider this issue. The unit is designed to be used as a self contained dwelling that has no reliance (in terms of internal amenities) on the host property. The unit would have a bedroom, bathroom and a living room. A kitchen is not shown on the plans but the size of the living room could accommodate a small kitchenette (would not require planning permission to install). The only access to the unit is via a external staircase. There is no access directly from the main dwelling house, although it should be noted there was never an intention to when the initial application for a store/study was approved. 6.5 Due to this, it is necessary to firstly address the description of the proposal. What the applicants are proposing is to create additional ancillary living accommodation with additional use for tourist accommodation. It is presumed the "ancillary accommodation" relates to the main dwelling house that exists on the site. The use of the term ancillary always needs to be used with care. It implies a reliance on a primary or host dwelling and one which is used by a single household unit. However if it is fully self contained, then it is designed to be used as a separate residence. 6.6 The proposed works are self contained and could be considered tantamount to the creation of a new residential unit. 6.7 It needs to be remembered that planning permission runs with the land and the building will remain long after the current owners cease to have an interest in the property. The long term use of the building must be a consideration in the determination of the application. Further to this point, if in time the building is used independently from Cronk Froy, then this independent use could become lawful, and could cause concern of the amenity which would result from having two independent dwellings in such proximity to each other. 6.8 The use of a self contained unit by a member of family or relative of an adjoining house does not in itself render it ancillary to that property. There would be no material difference in nature between an unrelated family using the property and relatives using it. 6.9 A condition could be attached which prevents the building being occupied as a separate dwelling, but concern could be raised as the unit proposed could create a separate independent dwelling and therefore such condition would be breached as soon as the dwelling is occupied. 6.10 However, the degree of self-containment is only one aspect that provides an indication of how a property would be used and its relativity to another dwelling. In this case the physical attachment to the main house and its access and driveway arrangements, which run closely past the front elevation of the main house and the proposed unit, suggest that the two units are unlikely to be divided. 6.11 The occupants of the dwelling would not want unknown people within the curtilage of their own property and overlooking their house. 6.12 Furthermore, the northeast elevation of the building has a single window which views over the front driveway (which would be shared) of the main dwelling house and views towards the main house. This window is one of the main source of light for the proposed unit, but also provides outlook for the living room. Consequently, to support the scheme it could also be argued that owners of the main property would not want their front driveway, garden and dwelling being overlooked by persons who were not related to the main dwelling house. 6.13 Because of this, it is also unlikely the proposed unit would be sold off or be occupied by people unrelated to the main dwelling house. 6.14 In terms of amenity standards for the proposal, the proposed unit would use the existing access and driveway to access the site and with no set curtilage being allocated to the unit, it is likely the occupants would be able to utilise the garden of the main dwelling Cronk Froy. ### 7.0 Recommendation 7.1 Overall, it is considered the proposal would comply with the relevant policy of 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: Santon Parish Commissioners 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. ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : 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. [Table omitted in markdown export] This approval relates to conversion of existing studio / store above existing garage to create additional ancillary living accommodation with additional use for tourist accommodation as proposed in the submitted documents and drawings WL/04/930/1B, WL/10/1179/2A, WL/06/1013/2A and WL/12/1238/1 received on 13th April 2012 and 23rd April 2012. ### C 3. The accommodation created by this approval must only be used as incidental to main dwelling house "Cronk Froy" as a single dwelling. For the avoidance of doubt, no approval should hereby be conferred by this approval for the use of the new accommodation as a separate dwelling. 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**: 24/5/12 ### Determining officer (delete as appropriate) Signed: Anthony Holmes Senior Planning Officer Signed: Sarah Corlett Senior Planning Officer Signed: Michael Gallagher Director of Planning and Building Control Signed: Jennifer Chance Development Control Manager --- *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/2710-santon-cronk-froy-conversion-garage/documents/1271027*