**Document:** Officer Planning Report Recommendations
**Application:** 07/00359/A — Approval in principle to convert mill into a dwelling
**Decision:** Permitted
**Decision Date:** 2007-05-15
**Parish:** Arbory
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/82402-colby-scholaby-mill-conversion-dwelling/documents/1489939

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# Officer Planning Report Recommendations

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## Officer's Report

### The Site

The site relates to the former Scholaby Mill and the mill pond and land immediately associated with it. The site lies to the north east of the road leading north from The Level towards Scholaby Farm and then turning east just before the farm buildings, crossing through agricultural fields over a rough track before joining the B44 road from Ballagawne Road to Cronk-y-Dhooney and up towards Lingague.

A public footpath runs through the land from the Scholaby Road to the B44.

The site accommodates the former mill building and the mill pond to the north, over the bridge and to the south including the river.

### Planning Status

The site lies within an area of Woodland on the Arbory and East Rushen Local Plan. This strip of Woodland is also identified as being of interest to nature conservation. Scholaby Mill is referred to in the plan as being worthy of consideration for Registration (paragraph 5.12).

### Planning History

There have been no planning applications which have been submitted in respect of this site. There is a contemporaneous application for the refurbishment of the nearby cottage (PA 07/0360).

### The Proposal

Proposed here is the principle of the conversion of the building into a dwelling. The applicant's agent has provided a design statement which confirms that the building is in "excellent" condition with the roof being intact and good stonework which may need re-pointing and with all lintels and the brick entrance arch all structurally sound. The existing extension to the south of the main building, has, however come away from the main building and is stated as needing to be re-built.

The applicant describes the building as perhaps not being worthy of Registration despite it being considered so in the Arbory and East Rushen Local Plan. There is no indication that the building needs to be significantly altered or extended in any way.

### Assessment

The applicant's agent, who has experience in the refurbishment of older buildings, suggests that the application complies with the provisions of Planning Circular as the building is of interest, it is publicly visible from the public footpath which runs right past the building and it is substantially in tact and structurally capable of renovation. It is clearly redundant for its original purpose as a mill and it could be converted without adversely harming its character or appearance.

The plans submitted with the application show no alterations to the apertures, massing or form of the building other than the windows and door in the annex which is to be re-built which will also have a dormer inserted into the lean-to slated roof which replaces the existing asbestos-covered roof.

There is no internal garage which may imply that a separate garage may need to be provided or requested at some time in the future. There is no obvious opportunity for the provision of a garage within the existing structure without compromising its appearance: the existing large aperture at the bridge level may admit a vehicle but is positioned on the footpath which is probably not wide enough to allow vehicles to manoeuvre in and out of any garage at this level in this position.

There is a local objection from the occupant of a property which is approximately 260m to the south east of the mill building. This objection suggests that the development should not be permitted as there is no road access to the property, the buildings are unsafe through subsidence and the project would have to involve demolition and rebuilding. Also she suggests that construction traffic will "have

to access the derelict cottage and mill by going up Ballakilpheric road, and then along the public footpath". When I visited the site on 7th September, 2006, I was taken to the site by the applicant's agent, in a Land Rover which had no difficulty accessing the mill from an existing lane.

The objector's main concern appears to be the disruption from the building works and traffic passing her house. The mill is so far from The Shanty, the objector's property, I would not accept that the works to the mill will affect the view from the property, which, in any case, is not a material planning consideration. The applicant's agent has addressed this by way of a letter dated 12th April, 2007 where he confirms that there is no evidence of subsidence and that access will be via the Scholaby Road not the Ballakilpheric Road. This also addresses the concerns of the local authority who query from where the access will be provided and also the Department of Transport Highways and Traffic Division who require that visibility splays at the junction of the lane and Ballakilpheric Road should be provided. In any case, the site does not extend to this junction so such works could not be required by condition.

Some trees are to be removed - only those however which are growing out of the building and threatening its structure, regardless of this application.

The observations of the Department of Transport Drainage Division regarding working adjacent to watercourses may be addressed by condition.

The resident of Port Soderick and The Society for the Preservation of the Manx Countryside and Environment both support the proposal (although it is acknowledged as not being in a sustainable location)

Department of Agriculture, Fisheries and Forestry request that a condition be attached to require that the development is undertaken at least 8m from the watercourse. However the re-building of the annex will take place right next to the watercourse, otherwise it would not be replicating the original annex. As such a condition should be attached to require a method statement for the undertaking of the works within 8m of the watercourse.

## Conservation Officer'S Supplementary Report:

I have considered the content of the application with particular consideration to Circular No.1/88 (Revised) RESIDENTIAL DEVELOPMENT - HOUSES IN THE COUNTRYSIDE, Planning Circular No. 3/89 RENOVATION OF BUILDINGS IN THE COUNTRYSIDE and Planning Circular 3/91 GUIDE TO THE DESIGN OF RESIDENTIAL DEVELOPMENT IN THE COUNTRYSIDE.

The Scholaby Mill is on the proposed list of buildings for inclusion on the Protected Buildings Register so this application is considered to conform with item 2 of Planning Circular No. 3/89 RENOVATION OF BUILDINGS IN THE COUNTRYSIDE. As this is the case, I will consider this application Policy RB/4 - USE and Policy RB/5 - ALTERATIONS AND EXTENSIONS. Thankfully, the proposals in the main at least, respect the existing building and work within its fabric which also means the application complies with item 4 of Planning Circular No. 3/89.

Having regard to Policy RB/4, it is highly unlikely that the building will ever be put back into use as a Mill and it has to be considered that this application safeguards the future of this, potentially registerable building.

In terms of the conversion of the building, that as proposed is in the main acceptable. I have concerns at the addition of the dormer roof to the extension and the proliferation of additional widows to this section of the property but this is an application for an Approval in Principle and not, a Full, Detailed Application. I would suggest that the design of the 'lean-to' section might be better amended to do away with the dormer all together. If, the additional internal head height can be proved to be of paramount importance, it may be beneficial to alter the format of the extension roof,

so that it is a gable with ridge running back into the main body of the mill. This is a traditional format of roof that can be found all over the Island.

### Recommendation

I recommend approval of this application, but would ask that my comments regarding the fenestration and dormer form conditions to the approval.

### Party Status

The Department of Transport and the local authority 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 resident of Port Soderick and The Society for the Preservation of the Manx Countryside and Environment are not directly affected by the development and as such should not be afforded party status in this instance.

Department of Agriculture, Fisheries and Forestry should be afforded party status as their observations reflect concern about the area of ecological interest identified in the local plan which is a material consideration and as a Government Department warrant party status in this instance.

### Recommendation

**Recommended Decision:** Permitted

**Date of Recommendation:** 20.04.2007

### Conditions and Notes for Approval / Reasons and Notes for Refusal

**C : Conditions for approval** **N : Notes attached to conditions** **R : Reasons for refusal** **O : 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 permission relates to the principle of the conversion of the former mill to a dwelling as shown generally in drawings 9.2.07 and 8.1.07 and the site and location plans all received on 23rd February, 2007. No approval is hereby granted however to the inclusion of the dormer as shown in these drawings and the proliferation of additional widows to this section of the property.

**Note:** if the additional internal head height can be proved to be of paramount importance to the restoration and use of the building it may be beneficial to alter the format of the extension roof, so

that it is a gable with ridge running back into the main body of the mill. This is a traditional format of roof that can be found all over the Island.

C 3. 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 4. The application for reserved matters must illustrate the means of access to the site from the Scholaby Road down to the proposed vehicular parking within the site by way of an informal gravelled or hardcored track. A formal pavioured, concrete or tarmacadam access will not be considered acceptable due to its suburban impact on this open field.

C 5. The application for reserved matters must include a detailed report into the possible presence of bats within the building and if such species which are protected under the Wildlife Act 1993, are found, a method statement of how they will be dealt with without adversely affecting them or their roosts must also be provided. The advice of DAFF is strongly recommended in this respect.

N 1. Prior to the submission of an application for the reserved matters, the applicant is advised to consult the Department of Transport under the provisions of the Land Drainage Act 1934 (section 35) and the Inland Fisheries Section of Department of Agricultural Fisheries and Forestry in respect of any works undertaken close to or within the watercourse.

Decision Made : ...
Committee Meeting Date : ...

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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/82402-colby-scholaby-mill-conversion-dwelling/documents/1489939*
