**Document:** DEC Decision Notice
**Application:** 13/00446/B — Conversion of redundant barn to three holiday cottages and creation of new access lane and vehicular entrance
**Decision:** Permitted
**Decision Date:** 2013-05-28
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/4282-malew-orrisdale-farm-conversion-outbuilding/documents/910201

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# DEC Decision Notice

Dave Luton Design
Engine House Studio
Agneash
Lonan
Isle Of Man
IM4 7NS

## Town and Country Planning Act 1999

### The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mrs Carol Kermode, Ref 13/00446/B, for the Conversion of redundant barn to three holiday cottages and creation of new access lane and vehicular entrance at Orrisdale Farm Orrisdale Road Ballasalla Isle Of Man IM9 3AE subject to compliance with the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. The development hereby permitted shall not be carried out except in full accordance with the following plans K/39/3B, K/7881/6, K/788/7, K/7881/9 and K/39/8 received on 12th April 2013.
3. Prior to the commencement of development details of the means of permanently closing the existing access shall be submitted to and approved in writing by the Planning Division. Thereafter, prior to the first use of any of the three units as tourist accommodation the access shown in K/39/8 date stamped 12th April 2013 must be closed off and made no longer usable by motor vehicle in accordance with the agreed scheme.
4. Between 1st March and 1st October in any one year the holiday accommodation hereby approved must be used only for individual lets not exceeding four weeks in duration. Outside this period longer lets to tourists are permissible. For the avoidance of doubt, no approval should hereby be inferred to the use of the new accommodation as one or more separate dwellings.
5. The section of hedge removed to provide visibility splays must be re-aligned as shown in drawing K/39/8 date stamped 12th April 2013 within the first planting season following the creation of the access and maintained thereafter. Should any part of the hedge die, be removed, or become seriously damaged or diseased it must be replaced in the next planting season with hedging of a similar size and species.

NOTE In respect on condition no. 3 it is suggested that the best means of closing off the existing access would be the erection of a Manx stone wall between the barn and outbuilding.

## Date of Issue: <br> 28th May 2013

### M Gallagher

Director of Planning and
Building Control

### Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

- The time for requesting an appeal has expired; or
- Any appeal has been determined;

Whichever is the later.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; planning@gov.im

## Planning Officer Report And Recommendations

[Table omitted in markdown export]
## Officer's Report

### 1.0 The Site

1.1 The application site is the curtilage of Orrisdale Farm, Orrisdale Road, Ballasalla. The farm has a number of outbuildings along with a detached farmhouse. The farmhouse is situated to the north eastern side of the highway; the majority of the outbuildings are to the south western side.

1.2 There is a two storey stone outbuilding with a number of other sheds which form part of the existing yard. There is also a more modern agricultural building and a poly tunnel; this is mainly used for housing the lambs. At present there is an existing access situated at the corner of the stone barn which provides access from the highway into the yard area.

1.3 The two storey barn is a large structure which separates the redundant part of the farm and the working area which is to the rear of the two storey barn, some of the windows and doors have recently been replaced. This part of the farm can be accessed independently of the courtyard arrangement.

### 2.0 The Proposal

2.1 The application seeks approval for the conversion of the existing two storey stone barn to provide three self contained tourist units. The yard to the front of the outbuilding would be utilised for car parking. There would be eight parking spaces provided as part of the development. The existing openings including windows and doors would be retained and would be utilised as such.

### 3.0 Planning History

3.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.

### 4.0 Development Plan Policies

4.1 The application site is within an area zoned as Open Space identified on the Area Plan for the South 2013. Given the nature of the application it is appropriate to consider General Policy 3, Environment Policy 1 and Housing Policy 11 of the Isle of Man Strategic Plan (20th June 2007).

### 4.2 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-dependant 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.

## 4.3 Environment Policy 1

The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.

#### 4.4 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 the 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.

#### 5.0 Consultations

5.5 Highways Division are satisfied that it meets highways policies and standards.

5.6 Malew Commissioners do not object on the condition that the access should be limited to this proposed development only and the existing access be closed off. Also a landscaping scheme is implemented.

## 6.0 Assessment

6.1 The application seeks approval for the conversion of a stone outbuilding to tourist accommodation. The main issues to consider in the assessment of the application is whether the building is structurally capable of being converted, whether the building is of interest, the impact upon the character and appearance of the buildings and surrounding area in general, the compatibility with the adjacent uses and the impact upon highways safety.
6.2 The application includes a structural report and it notes that the walls are generally in good condition, the lintels are timber, slate and steel and show some signs of decay, they note that some will need replacing. They also mention that the structure of the barn is generally in sound condition and in their opinion the building is suitable for conversion.
6.3 The structural report suggests that the building is structurally sound and having visited the site appears to be in good order. It is therefore considered that the building is capable of being converted.
6.4 The other initial assessment is the character and appearance of the property. It is considered that the building is of interest and is an attractive example of a traditional Manx stone outbuilding.
6.5 The building is of a good size and could easily accommodate three tourist units within it whilst retaining its original character and appearance by utilising the existing openings. It is considered that the proposed works would respect the existing appearance of the building thereby contributing to the character and appearance of the surrounding area in general.
6.6 The barn forms part of a traditional farm courtyard and there are a number of redundant stone outbuildings within the immediate area of the barn. These buildings were once used in connection with the farm but are no longer capable of accommodating modern agricultural machinery and are not up to modern day standards for the housing of livestock and fodder. These outbuildings, whilst redundant do contribute to the overall appearance of the yard and would provide a pleasant outlook from the proposed tourist units. The yard would also provide a much needed parking area for visitors.
6.7 There is an existing entrance to the yard from the highway and this is situated on a blind bend. As part of the proposal a new entrance is being proposed off the Orrisdale Road through an existing field to the south of the farmyard. By providing this new entrance it would provide sufficient visibility splays for those exiting the site. In order to create the visibility splays it would require the roadside sod hedge to be removed and one constructed further back in to the field.
6.8 Whilst the proposed access would remove part of the sod hedge it is considered that this would significantly improve highways safety and is therefore considered to be acceptable provided that the sod hedge is reinstated further in to the field.
6.9 The Commissioners have indicated that the existing access should be blocked up it is felt that this would improve highways safety and the applicant is willing to do this as this would not be used in the day-to-day running of the farm.
6.10 I feel that it would be beneficial to condition that the access be constructed and the sod hedge re-instated, but in terms of landscaping I feel that this would be unreasonable given that the existing outbuildings already provide screening of the farm yard. It is also felt that

the character and appearance of the area is of a Manx farm and by providing landscaping this would change the character of the area.
6.11 By creating the proposed access it would ensure that tourists are accessing the site separately from farm machinery. Whilst tourists would have the experience of staying on a working farm the separate access would be beneficial to the safety of those occupying the tourist units.
6.12 For the above reasons the application is considered to be acceptable and is recommended for approval.

## 7.0 Party Status

7.1 The local authority, Malew Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
7.2 The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

### Recommendation

Recommended Decision: Permitted

Date of 24.05.2013

Recommendation:

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

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 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.
The development hereby permitted shall not be carried out except in full accordance with the following plans K/39/3B, K/7881/6, K/788/7, K/7881/9 and K/39/8 received on 12th April 2013.

C 3.
Prior to the commencement of development details of the means of permanently closing the existing access shall be submitted to and approved in writing by the Planning Division. Thereafter, prior to the first use of any of the three units as tourist accommodation the access shown in K/39/8 date stamped 12th April 2013 must be closed off and made no longer usable by motor vehicle in accordance with the agreed scheme.

C 4.
24 May 2013
$13 / 00446 / B$
Page 4 of 5

Between 1st March and 1st October in any one year the holiday accommodation hereby approved must be used only for individual lets not exceeding four weeks in duration. Outside this period longer lets to tourists are permissible. For the avoidance of doubt, no approval should hereby be inferred to the use of the new accommodation as one or more separate dwellings.

C 5.

The section of hedge removed to provide visibility splays must be re-aligned as shown in drawing K/39/8 date stamped 12th April 2013 within the first planting season following the creation of the access and maintained thereafter. Should any part of the hedge die, be removed, or become seriously damaged or diseased it must be replaced in the next planting season with hedging of a similar size and species.

N 1.

In respect on condition no. 3 it is suggested that the best means of closing off the existing access would be the erection of a Manx stone wall between the barn and outbuilding.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made: Permitted

Date: 26/6/13

Determining officer (delete as appropriate)

Signed : ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

PA13/00446/B Mrs Carol Kermode
Conversion of redundant barn to three holiday cottages and creation of new access lane and vehicular entrance,
Orrisdale Farm Orrisdale Road Ballasalla Isle Of Man IM9 3AE
Planning Officer:
Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 17.04.2013, includes;

MEA HV:
MEA High Voltage Cables: 3_3KV_HV_CABLE
Dev Control Polygons:
Reference Number: 00/01161/B
Status: Permitted on Review
Proposal: Erection of an agricultural building
Reference Number: 05/02100/A
Status: Permitted on Review
Proposal: Approval in principle for the erection of two agricultural worker dwellings

Reference Number: 08/01704/B
Status: Permitted
Proposal: Enclosure of feed area between existing agricultural buildings

Reference Number: 10/01880/B
Status: Permitted
Proposal: Erection of a poly-tunnel
Reference Number: 87/04656/B
Status: Permitted
Proposal: Erection of lean-to shed and dutch barn, field 2195, Orrisdale Farm, Malew.

Reference Number: 05/00540/B
Status: Permitted
Proposal: Erection of two agricultural buildings with feed area between,

Reference Number: 01/01183/B
Status: Refused on Review
Proposal: Erection of two agricultural buildings
Reference Number: 07/00031/R
Status: Permitted
Proposal: Retention of driveway, access onto highway and parking area to rear of farmhouse

Reference Number: 02/00270/B
Status: Permitted
Proposal: Re-siting of approved agricultural building
Reference Number: 10/00070/B
Status: Permitted
Proposal: Alterations and erection of a two storey extension
Reference Number: 87/01729/B
Status: Permitted
Proposal: Erection of 2 No. agricultural Dutch Barns, Orrisdale Farm, Malew.

BC Case Polygon:
Reference Number: 88/02150/DEX

BC Case Status: Application lapsed
Proposal: Alteration and extension
Reference Number: 10/07703/DEX
BC Case Status: Plans Approved
Proposal: Proposed 2 storey extension to provide living accommodation and alterations to provide 1st floor en-suite and bathroom

PLanning Enforce:
Reference: 06/00269/COMP
Status: Case Closed
Nature of Enforcement: Creation/widening of access

## Item For Delegated Consideration

**TO:** Jennifer Chance, Development Control Manager **FROM:** Laura Davy, Assistant Planner **DATE:** 10th June 2013

**Re: PA 13/00446/B Conversion of redundant barn to three holiday cottages and creation of new access land and vehicular entrance, Orrisdale Farm, Orrisdale Road, Ballasalla, Malew.**

The Development Control Manager is requested to consider submissions made in relation to condition 3 of the above approved planning application.

Condition no. 3 states:

*"Prior to the commencement of development details of the means of permanently closing the existing access shall be submitted to and approved in writing by the Planning Division. Thereafter, prior to the first use of the three units as tourist accommodation the access shown in K/39/8 date stamped 12th April 2013 must be closed off and made no longer usable by motor vehicle in accordance with the agreed scheme."*

The submission relating to the above condition comprises of a letter from the agent, a plan showing the proposed works, a photograph of the existing access and a site plan.

The existing access would be closed up using a stone wall which would be approximately 1.2m in height with a wooden pedestrian access gate.

It is considered that the proposed development would be acceptable in terms of its impact upon the character and appearance of the site and would satisfy the requirements of Condition 3.

Signed

Signed

10/06/13

Miss Laura Davy
Assistant Planner

Signed

Signed

12/11/13

Miss J Chance
Development Control Manager

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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/4282-malew-orrisdale-farm-conversion-outbuilding/documents/910201*