**Document:** Officer Planning Report
**Application:** 06/01556/B — Renovation and erection of a extension to existing cottage and creation of a new vehicular access
**Decision:** Permitted
**Decision Date:** 2006-11-15
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/81575-malew-croit-formerly-plots-13-renovation-erection-extension/documents/1479494

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# Officer Planning Report

## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export] [Table omitted in markdown export]

### Officer's Report

#### The Site

The site defined in red represents land to the east of the A3 Ballamodha Straight between Stoney Mountain and South Barrule plantations. The site is around 0.5 ha in size. The part of the site immediately alongside the highway is identified in green and contains a small stone building with corrugated roof. The building has two chimneys and a single storey annex on each side. The building sits at rights angles to the A3. The frontage of the site onto the highway is 62m in length.

## Planning Status

The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as "white land", that is, not designated for development with a high voltage electricity supply running through the site.

## Planning History

The following applications have been submitted in respect of development on this site:

PA 94/0908 - approval in principle for erection of dwelling and garage - refused and PA 03/0467 - renovation and extension of redundant cottage and creation of new vehicular access - refused on appeal.

There is a site to the south of this one on which there was a small building which has been the subject of the following applications:

PA 95/1718 - approval in principle for renovation and extensions of existing tholtan into new dwelling - permitted on review PA 96/1805 - renovations and extensions to create new dwelling - permitted PA 98/0022 - reconstruction of tholtan to match original - permitted on appeal PA 03/1491 - approval in principle for a) extension to front of dwelling - refused on review and b) detached garage - permitted PA 04/2367 - erection of two extensions - permitted PA 04/2601 - a) erection of detached garage - permitted and b) erection of detached stable block - refused PA 05/0718 - erection of a detached timber stable - permitted.

## The Proposal

Proposed here is the renovation of the existing building. A structural survey of the building supplied with the application confirms that the building is structurally capable of being renovated as proposed. The proposals involve retention as is of the main building and the annex closest the road together with the rebuilding and slight widening of the eastern annex (adding around 1m to the original width of this annex). The new annex will be built in stone to match the original and the rest of the property. New rooflights will be added to the rear pitch of each element with three rooflights in the main part of the cottage. Two new windows will be inserted in the side elevation of the newly re-built part of the structure.

A new access is proposed to the south of the cottage. This will come into the site and sweep northward around to the north of the cottage with a parking and turning facility. Five or so trees will need to be removed to make way for the new access. More trees are to be planted at the eastern edge of the site.

## Assessment

The previous application was refused on appeal where the Inspector notes that "Having looked at the existing structure at my site visit, I have no doubt that this proposal relates to a ruin which has not been 'habitable' for many years". The applicant takes issue with this, describing the building as having four walls and a roof, which is correct. The Inspector went on to recommend that "The space is not available for the normal everyday requirements of even a single person household...It is clear to me that the very well presented architectural scheme of the proposed development amounts to major extensions to what was a very modest traditional cottage which basically consisted of two rooms. The first floor accommodation over this cottage would inevitably result in a considerable raising of the roof and build up of the gable walls. The scheme effectively amounts to a new building albeit structured around an original Manx cottage...I consider that this proposal does not meet the requirements of policy as expressed in Circular 3/89 which expressly does not sanction the re-building of ruins".

The applicants also challenge this in this present application, suggesting that the plans clearly showed that there was to be no raising of the roof or walls and the proposal was to re-use the original building and an extension added. This extension was to be a link using the eastern existing annex footprint then with a new two storey building added at right angles to the existing structure, adding considerably to the massing and size of the existing building.

This latest scheme differs from that of PA 03/0467 insofar as there is to be no extension other than re-building the eastern annex only slightly (1m) wider than it previously was. There are walls and a roof at present on this annex.

Planning Circular 3/89 requires that buildings which are to be considered for conversion or renovation should be Registered or worthy of Registration which this structure is not, or otherwise of particular architectural, historic or social interest which this would not appear to be, or contribute beneficially to the character of the countryside as viewed from highways, footways or other places accessible to the public. This is arguably a building which contributes to the character of the countryside in being an original cottage and demonstrating how and where people lived in previous years. The building is not dissimilar to The Croite to the south which was considered eligible for renovation under 3/89 and then ultimately re-building and extension. The previous appeal decision does not state that the building is not eligible for renovation under these three criteria but as it is not structurally capable of renovation and that it would be extended.

The applicant has demonstrated that the building is structurally capable of renovation and the works proposed and the new build is confined to re-building what is presently already on site to some extent and the works will re-establish the original form of the building and its original use.

The use of the site is not incompatible with the area in that a similar development has been effected on the site to the south (see Planning History above). I could not support any suggestion that this application would fail as it represents the re-building of ruins and feel that the proposal is so similar to the developments which have been permitted at The Croite that the presumption should be in favour of supporting re-use of this building in order for consistency to be seen.

The applicants also make reference to the emerging Strategic Plan. This makes reference to the present policy of renovation of buildings in the countryside at Housing Policy 13 which actually permits the replacement of buildings which are substantially in tact but for the roof; this will involve there being at least three of the walls standing generally up to eaves level; there is an existing usable track from the highway and a supply of fresh potable water and of electricity can be made available from existing services within the highway. In this case the building is substantially in tact in that it has all of its walls except for the eastern annex which has some of its walls.

The Strategic Plan Housing Policy 11 refers to the conversion of rural buildings to dwellings and talks to building which are no longer suitable or needed for their originally intended use. This should not be applied to this property as it is a former dwelling so no change or use is proposed. The policy goes on to state that the erection of replacement buildings or similar or even identical form will not be given whereas Policy 13 specifically permits this. In any case the provisions for this are as set out in Planning Circular 3/89 which has been addressed above.

Department of Transport indicate that they do not oppose the application.

The Society for the Preservation of the Manx Countryside and Environment recommend that the building is not suitable for use because of its size and that it retains no habitable status.

Malew Parish Commissioners raise no objection but make reference to the Inspector's report on the previous application.

Whilst the previous application was refused, having gone through the revised application which does not propose extensions or alterations, I consider that it accords with the provisions of the provisions

of existing policy 3/89 and those of the emerging Strategic Plan, to which there was no objection by the Inspector.

### Party Status

Malew Parish Commissioners and the Department of Transport 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 Society for the Preservation of the Manx Countryside and Environment is not directly affected by the proposal and should not be afforded party status in this case.

Whilst the Manx Electricity Authority and Fire Prevention Officer represent statutory authorities, the points raised in correspondence relate to working practices and Building Control matters and not planning and as such should not be afforded party status in this instance.

### Supplementary Report

The Planning Committee approved the application at its meeting of 9th November, 2006 and added a further condition requiring the approval of a method statement setting out how the works would be done to ensure that the structural integrity of the building will be maintained throughout the works.

### Recommendation

**Recommended Decision:** Permitted

**Date of Recommendation:** 26.10.2006

### 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 structure to a residence as shown in drawings 206/1/10, 3,4, 5, 6, 7, 8, 9, 10 and 11 together with the structural report from Glasspool _ Thiass dated 20.1.03 and the location plan, all received on 8th September, 2006.

## **C 3.**

All roofing must be finished in dark natural slate.

## **C 4.**

Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)

C 5.

The proposed access must be in place and available for use as shown on the permitted plans, prior to the undertaking of any works on the dwelling in order that a safe means of access and egress from the site may be available for works vehicles.

C 6.

This permission relates to the use of the area edged green on plan reference 1 as a residential curtilage. The remainder of the area edged red must remain as open space/agricultural land.

C 7.

Any trees to be removed to make way for the new access, as shown in drawing reference 8, must be replaced with species already found on the site. These new trees must be planted in the first planting season following the removal of the trees they are to replace.

C 8.

The windows must be timber framed and installed as shown in the permitted plans and retained as such unless otherwise approved by the Planning Authority.

C 9.

Prior to the commencement of any works on site, the applicant must have approved by the Planning Authority a method statement setting out how the proposed works will be undertaken without compromising the structural integrity of the existing building. Such report must be accompanied by an up to date report from a qualified Structural Engineer confirming the structural condition of the building and its capability of being renovated and converted as proposed. The works must then be carried out in accordance with the approved method statement.

N 1.

The applicant is advised that there are Underground Cables/Overhead Lines present in the area indicated in the planning application. Please contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Department, Network Services, Manx Electricity Authority, (Tel. 687705) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site.

The applicant is also advised to contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 and GS6.

N 2.

PRIOR to the commencement of any works the applicant is advised to consult the Chief Fire Officer to ensure that adequate fire precautions are taken.

Decision Made : Approved Committee Meeting Date : 13/11/06

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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/81575-malew-croit-formerly-plots-13-renovation-erection-extension/documents/1479494*