**Document:** Planning Officer Report **Application:** 06/02258/A — Approval in principle to convert existing outbuildings into seperate dwelling / living accommodation at **Decision:** Permitted **Decision Date:** 2007-04-18 **Parish:** Andreas **Document Type:** report / officer_report **Source:** https://planningportal.im/a/82029-lezayre-lhen-mill-lhen-conversion-dwelling/documents/1484964 --- # Planning Officer Report **Application No.:** 06/02258/A **Applicant:** Mrs E McMillin **Proposal:** Approval in principle for the renovation and conversion of redundant mill into three tourist units with new access track **Site Address:** Lhen Mill Lhen Bridge The Lhen Ramsey Isle Of Man ### Considerations Case Officer: Mr Chris Balmer **Expected Decision Level:** Planning Committee ### Written Representations ### Consultations Consulttee: Highways Division Notes: Do not Oppose subject to the imposition of the following conditions: Consulttee: Andreas Parish Commissioners Notes: No objection Consulttee: S.P.M.C. & E. Notes: Comment made Consulttee: Disability Access Officer Notes: Note to be included Consulttee: IOM Water Authority Notes: Note to be included **Consulttee:** Inland Fisheries Development Manager **Notes:** No objection, provided there is no development within 8 metres of the watercourse to ensure the retention of habitat, prevent disturbance to the watercourse and minimise the risk of riverbank erosion. During construction of the new access track, precautions must be in place to safeguard against water pollution to the nearby watercourse from any surface run-off and sedimentation. **Consulttee:** Manx Electricity Authority **Notes:** Note to be included --- ### Officer’s Report #### The Application Site The application site Lhen Mill, Lhen Bridge, The Lhen, is a two storey detached property which is west of the Lhen Mill House and south of the Bridge End Road. #### Planning Policy The application site is within an area recognised as being an area of ‘white land’ not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; however the site is within an area zoned as High Landscape or Coastal Value and Scenic Significance. - Isle of Man Planning Scheme (Development Plan) Order 1982 - The Isle of Man Draft Strategic Plan, General Policy 3 - Planning Circular No. 3/89 - RENOVATION OF BUILDINGS IN THE COUNTRYSIDE #### Planning History Erection of garage and workshop to replace existing (99/01983/B) - Lhen Mill House, Lhen Bridge, The Lhen – Approved #### Proposal The application seeks approval in principle for the renovation and conversion of redundant mill into three tourist units with new access track. The submission also proposes a new access track to be created which joins onto the existing track which serves the Lhen Mill House. #### Representations Andreas Parish Commissioners:- No objection Highways Division do not oppose the application subject to the imposition of the following conditions: i. A visibility splay of 2 metres by 36 metres in each direction will be provided to facilitate safe access and egress of the traffic associated with the units. ii. On-site parking shall be provided within the curtilage of the units and shall comply with Manx Roads 1. The Manx Electricity Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice. The Isle of Man Water Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice. The Disability Access Officer makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice. Inland Fisheries Development Manager:- No objection, provided there is no development within 8 metres of the watercourse to ensure the retention of habitat, prevent disturbance to the watercourse and minimise the risk of riverbank erosion. During construction of the new access track, precautions must be in place to safeguard against water pollution to the nearby watercourse from any surface run-off and sedimentation. The S.P.M.C. & E:- The Structural Engineer's Report is very supportive as to the building remains but, apart from an oblique reference to a Waterwheel, we have no information whatsoever as to what Mill Machinery remains extant. The Society would want assurance that any scheme for conversion would ensure the retention and protection of any such items. This would be the 'cost' of any Planning Permission to convert. As to the building, in view of what has happened elsewhere - and continues to happen, see 06/2243 below we feel any future permission for such work should include, by way of 'Condition' or 'Note', a clear statement that all structure must be secured, stabilized, propped or supported in such a manner as to ensure against collapse and, that if any significant areas of the to be converted structure, do collapse, the Permission thereby becomes null and void and no further work will be authorised. The Society reserves it's views on this application until further information is produced regarding machinery relics. The owners/occupiers of Ballacallum Cottage, Lhen Bridge, Kirk Andreas have commented to the planning application, which can be summarised as proposal would have to be within the constraints of Planning Circular 3/89, and the access onto the main road is very limited and increased traffic created by the proposal would affect road safety here detrimentally. ASSESSMENT / RECOMMENDATION The following Circulars and Polices need to be taken into consideration when considering this application. Planning Circular No. 3/89 - RENOVATION OF BUILDINGS IN THE COUNTRYSIDE - Throughout the Island there are examples of buildings which are no longer suitable or needed for their originally intended use. This Circular addresses the subject of the renovation of, and alternative uses for, such buildings where they are sited in the countryside. Paragraph 2 of this Circular states:- In general, it is considered that it would be not only appropriate but also beneficial to public amenity to renovate, and if necessary, find alternative use for, redundant buildings in the countryside which:- - (a) are Registered or worthy of Registration; or - (b) are otherwise of particular architectural, historic, or social interest; or - (c) contribute beneficially to the character of the countryside as viewed from highways, footpaths, or other places accessible to the public. Such buildings must be substantially intact, and structurally capable of renovation. Paragraph 3 of this Circular states:- Redundancy must be established by the applicant for planning permission, who should address, and produce evidence to substantiate, the following points:- - (a) the nature of the last active use of the building, and the period that has elapsed since that use; and - (b) the reasons for the building being no longer suitable for, or needed for, its original use; where appropriate, the guidance and support of the relevant Department of Government, such as the Department of Agriculture, Fisheries and Forestry, should be obtained. Paragraph 7 of this Circular states:- It is incumbent upon the applicant to ascertain that the building in question is structurally capable of renovation. Permission will not be given for the construction of replacement buildings of similar or even identical form (unless no change of use is involved). The Isle of Man Draft Strategic Plan, General Policy 3 states:- Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Local Plan with the exception of:- - (a) infill development within a clearly identifiable group of dwellings in the countryside (except in those parts of the island covered by the Local Plans for Arbory and East Rushen, Foxdale, St John's, Sulby or Onchan or by Area Plans made under the 1999 Act): - (b) essential housing for agricultural workers who have to live close to their place of work; - (c) conversion of redundant rural buildings which are of architectural, historic or social value and interest; - (d) the replacement of existing rural dwellings; - (e) location-dependent development in connection with the working of minerals of the provision of necessary services; - (f) building and engineering operations which are essential for the conduct of agricultural or forestry; - (g) development recognised by Government to be of national strategic need; and - (h) buildings or works required fro interpretation of the countryside, its wildlife or heritage. Firstly I must consider if the Lhen Mill would comply with paragraph 2 of Planning Circular 3/89. The property is not a Registered Building therefore from this aspect the building does not comply with this part of the Circular, however I am of the opinion that the property does have a particular architectural, historic, or social interest and due to its prominent location adjacent to the Bridge End Road would contribute beneficially to the character of the countryside as viewed from the highway. I therefore consider that the principle of renovating the property is acceptable. The second issue to consider is paragraph 3 of the Circular, is whether the property is redundant. The Circular states that redundancy needs to be proven and an indication given as to why the property is no longer required for its existing/previous use. Whilst the application does not go into detail regarding this issue, I consider it is fairly obvious that a mill of this size is no longer required or sustainable and for these reasons the site has not been used in recent times. I consider therefore that the property is redundant and the change of use of the property is acceptable. The third issue to judge is whether the property is structurally capable of renovation and therefore complies with paragraph 7 of the Circular. The Applicant has included within the submission a structural engineers report. The summary of the report states:- "As a result of our inspection of the three buildings, we are of the opinion that the principal walls of the structures generally are in a serviceable condition and with relatively minor repairs are capable of being retained as part of a refurbishment scheme for the property". Consequently I am of the opinion that the buildings are capable of renovation and therefore comply with the Circular. ## Recommendation For these reasons I consider the proposal to comply with Planning Circular 3/89 and to The Isle of Man Draft Strategic Plan, and as a result be appropriate in this location. My recommendation therefore is for an approval. ## Party Status I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: - Andreas Parish Commissioners - Highways Division - Inland Fisheries Development Manager - The Owners/occupiers of Ballacallum Cottage, Lhen Bridge, Kirk Andreas I consider 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 Manx Electricity Authority - Isle of Man Water Authority - The Disability Access Officer - S.P.M.C. & E --- ## Recommendation Recommended Decision: Permitted Date of Recommendation: 03.04.2007 --- ## 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. This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application. C 2. This approval relates to the submitted documents and drawings 62/8/1, 62/8/2, 62/8/3, 62/8/4 and 62/8 all received on 28th December 2006. C 3. In the interests of road safety a visibility splay of 2 metres by 36 metres in each direction must be provided to facilitate safe access and egress of the traffic associated with the units, and on-site parking shall be provided within the curtilage of the units to comply with the provisions of Manx Roads 1. C 4. To ensure the retention of habitat, prevent disturbance to the watercourse and minimise the risk of riverbank erosion there must be no development within 8 metres of the watercourse During construction of the new access track, precautions must be in place to safeguard against water pollution to the nearby watercourse from any surface run-off and sedimentation. ### N 1. The renovation shall be undertaken in accordance with Part M of the Building Regulations and therefore be accessible to unassisted wheelchair users. ### N 2. There are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) 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. 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 & GS6. ### N 3. For single connections to a water main (i.e. a single dwelling) the applicant should contact Isle of Man Water Authority Customer Services, telephone 695949. Decision Made : approve Committee Meeting Date : 12/04/07 --- *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/82029-lezayre-lhen-mill-lhen-conversion-dwelling/documents/1484964*