**Document:** Officer Planning Report Recommendation **Application:** 08/01332/REM — Reserved matters application for the conversion of stone barn to farmworker's cottage **Decision:** Permitted **Decision Date:** 2008-09-30 **Parish:** Maughold **Document Type:** report / officer_report **Source:** https://planningportal.im/a/85951-lezayre-outbuilding-ballagilley-conversion-outbuilding/documents/1529155 --- # Officer Planning Report Recommendation ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations [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 conversion of stone barn to a farm worker's dwelling with integral garage - 97/01992/A - APPROVED 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 application seeks approval for the reserved matters application for the conversion of stone barn to a farm worker's cottage. The proposal would result in a four bedroom property which includes a attached garage, office, lounge and kitchen /dining/utility area. Externally the cottage would have a rear patio and a rear fenced garden, which would be located within the courtyard area of the farm. ### Representations Maughold Commissioners have no objection, but consider the waterwheel, leat and any associated internal machinery should be preserved. Highway Division:- Do not oppose 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. The principle of converting the barn has already been determined given the recent planning approval. This application therefore considered whether the proposal would have an adverse impact upon the residential amenities of the neighbouring property, will the proposal have adequate amenities for the future occupiers of the dwelling, car parking provisions, and will the proposed alterations be in keeping with the appearance of the existing traditional property. Starting with the impact upon the neighbouring property, the initial concern was the potential of overlooking resulting in a loss of privacy over the neighbouring property, particularly from the first floor bedrooms windows. However, it is not considered substantial overlooking would occur, given the proposed new windows would not look directly at the opposite three first floor windows of the neighbouring property, but would be staggered between the neighbouring windows, additionally, the Bedrooms windows are not considered as the primary living areas i.e. lounge / kitchen. There was no concern of overlooking into the neighbouring ground floor windows from the proposal, given the 2 metre high timber fence which runs along the entire western boundary of the neighbouring property, which would screen any overlooking. The size of the barn would provide more than adequate internal amenity space for future occupiers, additionally; the external amenity space to the rear would be adequate for a dwelling of this size. There might have been concerns if the dwelling was not for an agricultural worker, given the close proximity of the working farm. However, due to the proposal being for an agricultural worker it is considered the proposal would be acceptable and an ideal proposal, instead of a completely new dwelling nearby. The proposal has a single parking space within the proposed garage and three parking spaces along the eastern elevation of the dwelling. The Highway Division have no objection. The proposed conversion will result in no major alterations to the existing apertures, and therefore will help in the structure stability of the barn, which was previously considered to be acceptable in the previous application. The windows proposed will replace the existing metal and timber windows with uPVC, however the windows proposed are traditional in style and design and would be appropriate for the traditionally barn. The application does include roof lights, a condition should be attached which requires heritage styled roof lights should be installed. The previous permission required the application for reserved matters must include a report to 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. The applicant has indicated that they are will to preserve what remains of the water wheel features, including painting the woodwork, metal work and cut back any over grown vegetation, although the applicant does not proposes to restore the wheel to full working order, particularly as the wheel itself cannot be seen easily from the adjacent public highway due to stone wall which surrounds the water wheel. Overall it is consider the proposal to preserve what current existing would be acceptable. **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 **Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 29.09.2008 **Conditions and Notes for Approval / Reasons and Notes for Refusal** 29 September 2008 08/01332/REM ## C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : 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 approval relates to the conversion and alterations as proposed in the submitted documents which are date-stamped 14th July 2008. C 3. The two roof lights proposed to the east elevation and three roof lights proposed to the west elevation must be heritage styled roof lights. C 4. The external finishes of the extension must match those of the existing building in all respects. C 5. The dwelling may be occupied only by a person or persons engaged or last engaged solely in agriculture; or a widow or widower of such a person, or any resident dependants. C 6. The water wheel is required to be preserved as indicated within the submitted plans. I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control) Decision Made : Permitted Date : Signed : M. I. McCauley Director of Planning and Building Control --- *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/85951-lezayre-outbuilding-ballagilley-conversion-outbuilding/documents/1529155*