**Document:** Planning Officer Report 07/01992/A **Application:** 07/01992/A — Approval in principle for the conversion of stone barn to a farmworkers dwelling with integral garage **Decision:** Permitted **Decision Date:** 2008-03-10 **Parish:** Maughold **Document Type:** report / officer_report **Source:** https://planningportal.im/a/84068-lezayre-outbuilding-ballagilley-conversion-garage/documents/1512624 --- # Planning Officer Report 07/01992/A ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report #### Site The application site forms the curtilage of Ballagilley Farm, Maughold, located on the eastern side of the A2 road and south of Ramsey. Within the curtilage of the site are located a number of buildings, these include a large stone barn, and two large steel framed barns. ## LAND USE ZOING / 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 Strategic Plan (20th June 2007) – General Policy 3, Environmental Policy 2 and Housing Policy 11 PLANNING HISTORY The following previous planning application is considered relevant in the assessment and determination of this application. Approval in principle for the erection of an agricultural workers dwelling - 06/01045/A – REFUSED for the following reasons:- 1. Whilst it is accepted that the operation of the overall farm business requires two full time employees and that there is an agricultural need for a farm dwelling for one of these workers at Ballagilley, given the very recent severance of the Ballagilley farmhouse from the holding, it is considered that the granting of planning approval in these circumstances would set an undesirable precedent for an unwarranted additional dwelling that would undermine the rural policy aimed at restricting residential development in the countryside. 2. The location of the application site and the position of the proposed dwelling are contrary to the provisions of Circular 3/88. Specifically, the application site is detached from any existing farm buildings, is not set back from the public highway and is not approached via an existing farm access. Insufficient persuasive evidence has been submitted demonstrating in site-specific terms that the dwelling cannot be located adjacent to the main group of buildings. PROPOSAL The seeks approval for the approval in principle for the conversion of stone barn to a farmworker’s dwelling with integral garage REPRESENTATIONS Maughold Commissioners have no objection, but consider the waterwheel, leat and any associated internal machinery should be preserved. The Society for the Preservation of the Manx Countryside & Environment supports the scheme. The Manx Electricity Authority make 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 make no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice. The Authority has received no privately written representations objecting to the application. ASSESSMENT / RECOMMENDATION Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:- General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: - (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); - (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); - (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; - (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); - (e) location-dependent development in connection with the working of minerals or the provision of necessary services; - (f) building and engineering operations which are essential for the conduct of agriculture or forestry; - (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and - (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. ### 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 - (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. Whilst the application proposes to convert the barn into an agricultural workers dwelling, it is considered the application should be based on Housing Policy 11 the conversion of building in the countryside. The Appeal Inspector for the previous application (06/01045/A) concluded that: "On balance, given the size of the stock on the combined holding and the correspondingly greater potential frequency of essential visits to tend to the welfare and security of animals at unsocial hours, I consider a farm dwelling on the Ballagilley holding is justified in agricultural terms." Therefore from an agricultural point of view, the need for an agricultural dwelling on the site has been justified, hence the application being considered under Housing Policy 11. Turning to paragraph (a) of Housing Policy 11, from visiting the site and considering the accompanying photographs it is apparent that the existing barn is redundant and is no longer a sustainable agricultural building. In previous applications elsewhere on the Island, the Planning Authority have received comments from the Department of Agriculture, Fisheries and Forestry, regarding very similar old stone barns and have stated that:- "The design, size, and layout of the building make adaptation to any other agricultural uses difficult and/or impractical. Even use for general feed or fertiliser storage is impractical due to poor access for machinery" It is therefore considered that the building is redundant and therefore complies with Housing Policy 11. With regard to paragraph (b) of Housing policy 11, the submission also includes a structural survey, which states:- "The walls are reasonable vertical and there are no significant distortions. There are cracks in both end elevations but they do not appear to exceed 10mm wide. Steel lintels over door openings are corroded and generally in poor condition. The sand lime render to the underside of the slates, called torching, has perished and fallen off. Some slates are missing and loose. The first floor, in isolated places, is weak due to woodworm attack." In conclusion the reports states:- "It is recommended that the work be carried out as soon as possible. Existing holes in the roof are allowing water to penetrate the fabric of the building causing the timber to the roof and the floors below to decay. Due to the loss of the torching, slates will readily be lost during high winds. The lack of effective guttering is allowing walls to become excessively damp. Excessive dampness causes timber to decay and lime mortar to loose its strength. If the building is neglected it will rapidly deteriorate and the roof and floors will collapse and, in time, the walls will crumble." From an assessment of the structural survey, whilst the barn requires work, at this stage the barn is still capable of converting. However from the conclusions of the survey, if this work is not carried out soon then more serious problems would occur. At this stage it is considered that the barn can be converted and made good, and therefore complies with Housing Policy 11. With regard to paragraph (c) of Housing policy 11, the existing building is a Manx stone barn which is located in a prominent location when viewed from the adjacent lane. The building is an attractive building which, with work, would be beneficial to the visual appearance of the surrounding locality and countryside. Additionally, the barn still retains the majority of its original water wheel (south elevation) which would also be beneficial to retain. It is considered that it is worthy of renovation and conversion and therefore complies with Housing Policy 11. With regard to paragraph (d) of Housing policy 11, this application seeks only an approval in principle and therefore full details of the proposed layout have not been provided, however the property is a large barn, and the applicant has stated that they would be able to accommodate 4 bedrooms (2 ensuite), 2 reception rooms, study, kitchen/dining room, utility, bathroom, cloak room and a garage. It is therefore considered that the barn is large enough to provide adequate living accommodation. With regard to paragraph (e) of Housing policy 11, the barn is within a working farm, and the proposal is for an agricultural workers dwelling. This arrangement would therefore address the relevant planning policy. There is an adjoining dwelling to the east of the farm, however as this is application seeks approval in principle and no detailed room layouts or elevations have been submitted, it is not possible to determine whether overlooking resulting in a loss of privacy would occur. However, it is not considered that the proposal should fail at this stage, as there are a number of possible options that could be undertaken to ensure overlooking could not occur and these may be addressed at a reserved matters stage. Consequently, the proposal at this point would comply with Housing Policy 11. With regard to paragraph (f) of Housing policy 11, the application is an Approval in Principle, and therefore no full details have been provided regarding servicing, drainage etc, however it is considered that as there is an existing dwelling located 10 metres away and as the property is a working farm, it is fair to presume that the existing services within the site could accommodate the additional dwelling. ### Recommendation For these reasons the proposal would seem appropriate in this location and the application is therefore recommended for approval. ### Party Status It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Maughold Commissioners The Department of Transport Highways Division It is considered 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 - The Isle of Man Water Authority - The Society for the Preservation of the Manx Countryside & Environment ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 15.02.2008 ### 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 approval relates to the barn conversion as proposed in the submitted documents which are date-stamped 24th October 2007 and 14th February 2008. ## **C 3.** The application for reserved matters must demonstrate that the applicant has carried out an investigation to see if the water wheel and any internal machinery and/or apparatus relevant to the original use of the building can be retained as part of the new use. N 1. For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49. N 2. The Applicant is recommended to contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application. Decision Made : ... Committee Meeting Date : ... --- *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/84068-lezayre-outbuilding-ballagilley-conversion-garage/documents/1512624*