**Document:** Officer Report
**Application:** 14/01451/B — Alterations and erection of an extension and glazed link
**Decision:** Permitted
**Decision Date:** 2015-03-27
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/5530-rushen-mines-cottage-ballakilpheric-road-alteration-extension/documents/914863

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# Officer Report

**Application No.:** 14/01451/B
**Applicant:** Ms Pauline Howell
**Proposal:** Alterations and erection of an extension and glazed link
**Site Address:** Mines Cottage Ballakilpheric Road Colby Isle Of Man Case Officer : Miss S E Corlett
**Photo Taken:** 05.01.2015
**Site Visit:** 05.01.2015
**Expected Decision Level:** Planning Committee

## Officer’s Report

THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE HISTORY OF THE SITE AND THE PROPOSED EXTENSION IS GREATER THAN 50 % LARGER THAN THE EXISTING DWELLING

The Planning Committee considered the application at its meeting of 9th February, 2015 where the Committee deferred taking a decision pending the submission of further information regarding the access around the mine. The members also expressed concern at the size of the residential curtilage shown in the submitted plans. The applicant has provided further plans which reduce the residential curtilage and provide further information on the new access around the mine. See additional comments below.

## THE SITE

1.1 The site defined in red represents an arbitrarily defined area which the applicant would wish to become the curtilage of a small cottage which lies to the south east of Scholaby Mill together with a strip of land which curves around to the west of a former mine to link in to an existing access at the northern end of the field. This route emerges onto the Ballakilpheric Road alongside an existing dwelling, "The Shanty" which is not within the applicant's ownership or control or alternatively there is an access to the west which joins the Scholaby Road. - 1.2. Historically, in 1800 the mill was apparent to the north west of the mine shaft: the shaft is not shown. By 1878 the mine is shown and the space between the mine shaft and the mill is annotated "washing floors" and "mine deads" and access is shown from the lane running across the top of the field across to the west of the mine shaft. No specific access is shown to the cottage. By 1978 no access is shown to the cottage or the mine. Current mapping shows an access down to the east of the mine shaft to the cottage which is in situ in the form of a roughly hardcored track with a small mound of grassed earth to the east which hides the track from view from the east. - 1.3 The cottage is easily visible from the Ballakilpheric Road and remains visible from the footpath until one approaches the mill by when the cottage is hidden behind the trees which surround the mine shaft. PLANNING STATUS

2.1 The site lies within an area designated on the Area Plan for the South adopted in 2013 as Open Space not designated for a particular purpose. It also identifies constraints in terms of Registered Trees and a Wildlife Site. - 2.2 The draft Landscape Character Appraisal indicates that the site is an area of Incised Slopes where: The overall strategy for the area is to maintain and enhance the character, quality and distinctiveness of the local built vernacular and integrity of the nucleated settlements of Port Erin, Port St. Mary and Ballagawne, the scattered traditional farm dwellings and to maintain the field pattern and semi-upland character of the upper slopes. Key Views are stated as extensive panoramic views from higher ground on hill slopes along coast to the Calf of Man, inland over the Scarlett Peninsula and up the Southern Uplands and Meayll Hill. - 2.3 Scholaby Mill which lies to the north west of the cottage and shaft, is identified in the Area Plan as being worthy of consideration for registration. - 2.4 The planning policies which are considered applicable to this proposal are as follows:

Strategic Aim: to plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting and improving the quality of the environment, giving particular regard to our uniquely Manx natural, wildlife, cultural and built heritage.

- Strategic Policy 1 which states: Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services.
- Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.

Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.

Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to: a) minimise journeys, especially by private car; b) make best use of public transport, c) not adversely affect highway safety for all users, and d) encourage pedestrian movement.

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, historical, or social value and interest (Housing Policy 11)
- c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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.

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 over-riding 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.

Housing Policy 15 states: The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally).

## PLANNING HISTORY

3.1 Planning permission was sought and refused for the principle of reinstatement of the residence and extension of track to the mill under PA 07/0360. This refusal was challenged to appeal where the refusal was overturned and the application permitted subject to a number of conditions as follows: Conditions:

- 1. This approval is in principle only and will remain valid for a period of 2 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.
- 2. This approval relates to the principle of the renovation of the existing cottage shown in plan reference 2.1.07 and the site and location plans, and the reinstatement of its residential use.
- 3. The application for reserved matters must demonstrate that the cottage will have minimal alterations to enable its use as permanent residential accommodation. Whilst a porch, generally as shown on drawing reference 3.2.07, may be acceptable, the walling must be stone to match that on the front elevation of the cottage; and whilst roof lights are likely to be acceptable on the rear roof pitch, no alterations to this elevation are hereby granted or implied, as this elevation is the one which most passers-by will see and which should remain as intact as possible and practicable. If the ground level to the rear of the property is to be reduced as indicated in the drawing, the impact this would have on the structural integrity of the rear wall should be fully detailed in the application for reserved matters, as Manx cottages are essentially built without foundations. The advice of a structural engineer must be provided in any application for reserved matters regarding this aspect of the application.
- 4. 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 be provided.
- 5. 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, flagpoles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by the Planning Authority).
- 6. The application for reserved matters must illustrate the means of access to the site from Scholaby Road, by way of an informal gravel or hardcore track. A formal paved, concrete or tarmacadam access will not be considered acceptable, due to its suburban impact on the countryside.

3.2 Permission was then sought and granted for the reserved matters. PA 08/02112. This was approved subject to the following conditions and note:

- C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
- C 2. This permission relates to the renovation of the cottage and provision of gravelled access and parking all as shown in drawings 08/107/01, -02 and the location plan all received on 14th November, 2008.
- C 3. No development may be carried out until such times as a survey for the presence of bats has been carried out by qualified personnel and appropriate measures taken to avoid damage to any bat roost or the bats themselves which may be found on the site and which are protected under the Wildlife Act 1990.
- C 4. 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).

N 1. The applicant should note that any soakaway should be constructed at least 30m from the existing mine workings in order to prevent foul seepage into the drainage adits and which may cause pollution. The advice of the Environmental Protection Unit is recommended in this respect.

3.3 Planning approval has been granted for the principle and details of the renovation of the mill under PAs 07/00359 and 09/00036. The mill was approved for conversion under 14/00179/B. THE PROPOSAL

4.1 Proposed is the extension of the cottage. The extension will be at right angles to the existing cottage and linked, the overall scheme forming a T shape, leaving the cottage relatively unchanged as viewed from the Ballakilpheric Road. The extension will step down from the level of the existing cottage and will be 1.3m lower. It will be the same length but wider by 200mm with a further extension on the southern elevation of a further 1m. There

- are to be two flat roofed dormers in the north facing roof and one with a projecting annex on the southern elevation. There will be four bedrooms in all.
- 4.2 The cottage is to be increased in floor area by 104% (84 sq m increasing to 88 sq m).
- 4.3 There is to be a new access provided around the mine, reinstating the former access to the mine. The applicant has not provided any further information in writing but has explained verbally that they feel that re-routing the access around the mine will reduce the visual impact of it for the benefit of the area generally. They have now shown the existing access to the south of the new route, to be re-seeded. They have liaised with the Forestry Officer who has been to the site and has agreed the felling of additional trees, over and above those which were approved to be lost close to the mine which is not associated with the proposed works. These additional trees are a symacore and two hawthorns which may be removed as they are not considered to hae signifcant amenity value nor are particularly good specimens of their type.
- 4.4 There will be a garden area associated with the cottage, now 9m to the south of the proposed patio to the south of the extension. Hedging is shown around the new curtilage.

REPRESENTATIONS

5.1 Rushen Parish Commissioners and Department of Infrastructure Highway Services indicate that they do not object to the application (23.01.15 and 09.01.15).

5.2 The owner of The Shanty has objected to the application (14.01.15 and 10.03.15). She remains concerned, as she has been with all of the previous applications, that the proposal will result in an increase in traffic using the access onto the Ballakilpheric Road rather than to the Scholaby Road to the west which was indicated in the earliest applications (PA 07/00360/A) as being the route in and out of the property. She also notes the note attached to PA 14/00179/B for the renovation of the mill which states that "The application has been considered on the basis that the means of access to the site from a public carriageway is to the west from the Scholaby Road. No approval is hereby granted for the access to be from the east from the Ballakilpheric Road although the applicant or subsequent owner/occupier may have rights of access over this route. No approval is hereby granted to any works to upgrade either track, although as the access is shown from the Scholaby Road, proposals may be acceptable for the upgrading of this route, depending upon the nature of these works. Any material change to this access will require planning approval". - 5.3 She states that when the current owner bought the property she has only used the access from the Ballakilpheric Road despite the previous decisions and notes indicating that it should be the Scholaby Road access. The current owner does not allow tractors to use the footpath to get access to the surrounding fields but in her view the access to and from the application site causes more damage than would the occasional tractor. Adding gravel would not assist the use of the track or its appearance. - 5.4 She considers that the proposal with the glazed link is not like any others in the vicinity and will have 4 bedrooms, 2 bathrooms and accommodation which is significantly more than the existing modest cottage and she does not believe that the extension and link will be completely hidden from public view and it will be easily visible from the public footpath. She does not believe that there is justification to approve an extension which is larger than 50% greater than the existing. She considers that approving this application would establish a precedent for similar other developments in this part of the south of the Island.

## ASSESSMENT

6.1 The issues in this case are whether the proposed extension complies with the provisions of HP15 and if not, whether there are circumstances which justify approving the application

anyway and whether the proposal for the reinstatement of the access around the mine is acceptable all having regard not only to the Strategic and Area Plans but to the previous planning applications which have been submitted for this property.

6.2 The most recent planning application for the extension of the property was for something which was considerably larger and which a significantly greater impact on both the cottage and the area in general. The applicant has clearly had regard to the concerns which were raised there and has scaled down the proposed extension and the size and scale of the resultant cottage. HP15 requires generally that extensions respect the proportion form and appearance of the existing property and advises that only in exceptional circumstances will extensions be approved which exceed 50% of the size of the existing as measured in floor area measured externally. - 6.3 In this case the extension exceeds the 50% "allowance" or "tolerance" by quite some way. However, there are constraints on this property which are not directly applicable to other properties of similar character. The approval in principle, PA 07/00360/A makes it clear that extensions to the property should not be on the rear (east) or visible from this direction "as this elevation is the one which most passers-by will see and which should remain as intact as possible and practicable." It is also relevant that the existing cottage is very modest in floor area. It should also be emphasised that the extension is slightly lower down than the cottage and is less high. In these respects it is considered to conform with the advice and intentions of HP15 even though the overall floor area is exceeded by the recommended amount. - 6.4 It is considered that the scheme represents an imaginative approach to the modernisation and expansion of this little cottage in a way which does not affect its public appearance. - 6.5 The creation of the new access will also create a more hidden access to the cottage and will retain the segregation of the cottage from the other surrounding buildings which adds to its charm. The plans do not indicate whether traffic associated with the cottage will travel west towards Scholaby or east towards the Ballakilpheric Road and as such cannot be said to exacerbate the situation with respect of the existing footpath or vehicular traffic past The Shanty. - 6.6 The application is recommended for approval.

## PARTY STATUS

7.1 The local authority is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.

7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.

7.3 The owner of The Shanty is alongside the access to the site and as such would be affected by the proposed development and should be afforded party status in this case.

SUPPLEMENTARY REPORT The Planning Committee approved the application at its meeting of 23rd March, 2015 subject to the amended plans and subject also to a condition relating to the landscaping of the proposed residential curtilage.

Recommendation Recommended Decision: Permitted Date of Recommendation:

13.03.2015

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. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- C 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flagpoles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by the Planning Authority).

Reason: the site lies within an area where development is generally discouraged and there are also policies to limit the size and to control the design of development on this site.

- C 3. Prior to the occupation of the property as extended by the scheme hereby approved, the applicant shall have approved by the Department a scheme for the introduction of a Manx sod hedge or other planting around the approved residential curtilage and the scheme must be implemented in accordance with the approved details at the latest in the first planting season following the occupation of the extended dwelling.

Reason: to ensure that the residential curtilage is defined and in a manner which is sympathetic to the character of the area.

N 1. The application has been considered on the basis that the means of access to the site from a public carriageway is to the west from the Scholaby Road. No approval is hereby granted for the specific access from the application property to be from the east from the Ballakilpheric Road although the applicant or subsequent owner/occupier may have rights of access over this route. No approval is hereby granted to any works to upgrade either track, although as the access is shown from the Scholaby Road, proposals may be acceptable for the upgrading of

this route, depending upon the nature of these works. Any material change to this access will require planning approval.

This approval relates to drawings P02 and P03 received on 23rd December 2014 and P01A received on 24.02.15.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Approved Committee Meeting Date:…23.03.2015 Signed S E Corlett Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph). Signatory to delete as appropriate YES See supplementary report above.

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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/5530-rushen-mines-cottage-ballakilpheric-road-alteration-extension/documents/914863*