**Document:** DEC Officer Report
**Application:** 20/01442/B — Renovation and conversion of existing building to provide residential or tourist accommodation
**Decision:** Permitted
**Decision Date:** 2021-02-05
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/6949-colby-croft-cottage-adjacent-conversion/documents/925997

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# DEC Officer Report

**Application No.:** 20/01442/B
**Applicant:** Mr & Mrs Lynda & Jonathan Martin
**Proposal:** Renovation and conversion of existing building to provide residential or tourist accommodation
**Site Address:** Croft Cottage Adjacent To Field 414316 & 414317 Ballakillowey Road Colby Isle Of Man Principal Planner: Miss S E Corlett
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 27.01.2021 _________________________________________________________________

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

- 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 26 of the Town and Country Planning (Development Procedure) Order 2019 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 and/or re-enacting that Order with or without modification), no extension to the dwelling, no window replacement, no walling or fencing and no garages shall be erected within the curtilage of the accommodation hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.

Reason: to control development in the interests of the amenities of the surrounding area and to ensure that the conversion continues to accord with Housing Policy 11 and Environment Policy 16.

- C 3. The converted building may be used for either tourist or residential accommodation. Reason: to clarify the extent of the approval.
- C 4. Prior to the creation of any hard surfacing between the parking spaces and the building, as shown in drawing P/10-01A there must be approved in writing by the Department further details of how this access will be installed with particular attention to the proximity of the adjacent trees as the route shown in this drawing encroaches into the canopy spread of these trees and if the access involves any excavation, this could interfere with the root systems of these trees. If any excavation is proposed a Tree Protection Plan must also be submitted and

approved prior to the undertaking of any work regarding this access and the development must be undertaken in full accordance with the approved details.

Reason: to ensure that the development does not adversely affect the existing trees on site. This application has been recommended for approval for the following reason.

The proposal accords with Housing Policy 11 and Environment Policy 16 and is supported subject to conditions which suspend the provisions of the Permitted Development Order insofar as it applies to the extension of the property, replacement windows, the installation of walling or fencing and garaging. It is considered that the provisions for sheds and greenhouses is not inappropriate here and such structures if undertaken in accordance with the restrictions in the Order, would be acceptable.

Plans/Drawings/Information; This decision relates to drawings P/10-00, P/10-01A and P/10-02 all received on 14th December, 2020. _______________________________________________________________

## Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The application site relates to a small parcel of land on the western side of the Ballakillowey Road in Colby and around 650m north of the roundabout junction with the Ballagawne Road. The site incorporates a detached building and a winding access road which runs through the curtilage of the adjacent dwelling which was formed from the conversion and extension of two stone outbuildings set back around 130m from the main road and accessed via an existing gated access and small track. The access between the two other buildings (now one dwelling) and the road is shared with the building which is the subject of this current application. All of the buildings are in the same ownership, together with more land to the north and south of the buildings and the access. - 1.2 With exception to the cluster of dwellings nearest the roundabout, the majority of dwellings along the Ballakillowey Road are sparsely dotted along either side of the road, some directly fronting the highway and some set back slightly from the road, most are traditional or vernacular in their appearance although there are some non-traditional dwellings dotted throughout. - 1.3 The existing building is a monopitch roofed stone structure which has two pedestrian doors and a window in the ground floor of the south west facing elevation with stone walls to the north west. The other elevations have no openings. The footprint of the structure is 8.6m by 5.1m with the tallest elevation (south west) being 4m high and at the rear where the ground level is higher, 1.5m. - 1.4 Running to the rear of the site and within the extent of the blue land ownership is a small stream and around 70m south of the outbuilding is a small pond. There is an existing public footpath running through the site from north-east to south west, which links Ballakillowey with Surby and there are existing gates and stiles either side of the access track. PROPOSAL

2.1 Proposed is the renovation and extension of the existing building and its use as residential (tourist accommodation). It is not clear whether this means residential and tourist

- accommodation or just one or the other. As the policies for each are essentially the same (see later) it is assumed that the application is for the conversion of the building to accommodate either residential or tourist accommodation. The property will have a curtilage which extends to the south of the building with the footpath running immediately to the east. This area will be planted as a wildflower meadow.
- 2.2 The physical changes to the building create a dual pitched roof reducing the front eaves level to 2.6m from 4m and a slight (less than 100mm) increase in the height of the north western elevation. The property will have one main floor of accommodation with a mezzanine introduced above the south eastern part of the existing building. The ridge will be slightly (250mm) higher than the apex of the existing walls.
- 2.3 An extension will be added to the north western end of the property, within the area formed by the existing stone walls and adding 3.5m by 5.2m of extension at the same height as the main building but with a small link section in between to differentiate the two. The extension will be finished differently to the main house - in timber effect cladding with a black corrugated sheet roof. The extension will have a matching set of doors although narrower (two not three sections). The other elevations will be blank other than a small single light in the rear and new gable elevations. A flue is to be installed in the top of the front plane on the right hand side close to the link to the new section.
- 2.4 The new roof will be fitted with natural slates. 2.4 The south western elevation will have the existing window retained and fitted with gray aluminium framed window light and the two doors will have the section between them opened up to form a wide opening
- 2.5 The application includes a Design Statement which explains that the intention is to convert the former croft cottage to tourist accommodation, describing the proposed unit as high quality and flexible set within the working farm and with spectacular views. They refer to Housing Policy 11 and Environment Policy 16 and describe the current monopitched roof as a later alteration as there are projecting gable stones showing a former pitch angle and a visible joint from the later masonry addition. They describe the proposed windows as being set back within the reveals and new apertures kept to a minimum. They refer to Historic England's advice, "Adapting Traditional Farm Buildings" and have used a semi industrial format which would have been appropriate for this building.
- 2.6 They describe the extension as valuable and modest, being less than 50% of the existing floor area. The building will be accessible to all with low thresholds and wider internal door openings and all major facilities being on one level.
- 2.7 In referring to HP11 and EP16 they explain that the building has been unused for some time due to its size for both occupation or agricultural use, it is structurally capable of renovation and a separate engineer's report has been provided (see later). They consider that the use is compatible with both the surrounding agricultural and residential uses and the works will re-establish the original appearance of the building.
- 2.8 AB Consulting, Civil and Structural Engineers provide a short letter dated 11.11.2020, stating that after a visual inspection they describe the building as a single storey building of Manx stone construction with a timer roof with sheet cladding over. There is no significant structural cracking or bulging to the external walls and no indications of settlement. The upper sections of the walls appear to have been added to accommodate the mono pitch roof and there is no evidence of structural movement. They confirm that the building would be structurally suitable for conversion to a domestic residential use and holiday accommodation in accordance with the submitted drawings. PLANNING HISTORY

3.1 The two stone barns were approved for conversion to a dwelling under 19/00853/B and 20/00638/B was recently approved for conversion and extension to the existing outbuildings to form a single dwelling, the application was approved with conditions relating to the need for the access and visibility splays to be provided, the works being carried out in accordance with approved drawings to ensure compliance with HP11, and the revocation of Class 13 - 17 of the PDO. These applications also approved the deviation of the access to the north of the house rather than straight across the south of the house. PLANNING POLICIES - 4.1 The site lies within an area on Map 7 of the Area Plan for the South 2013 that is not designated as being for any particular use and where there is a general presumption against development unless considered to meet any of the exceptions set out in General Policy 3. The site also falls within the landscape character area D15 where the key implications is ensuring that sufficient green space is maintained between the built up areas of Port St Mary, Ballagawne and Ballakillowey and that the field patterns and semi-up land character in providing an undeveloped back drop to Port Erin.

4.2 As the land is not zoned for development Environment Policy 1 and General Policy 3 would be applicable and both presume against development although as this application is for conversion of an existing building it would be considered to meet GP3 (b). In addition to this the following policies of the IOM Strategic Plan 2016 are considered applicable in the assessment of the application particularly the criteria of Housing Policy 11 in the conversion of existing rural buildings into new residential accommodation and Environment Policy 16 which would deal with the conversion of rural buildings to other purposes including tourist accommodation. - 4.3 Strategic Policy 1: "Development should make the best use of resources by:

- a) optimising the use of previously developed land, redundant buildings, unused and underused 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."

4.4 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:

b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11)"

4.5 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." - 4.6 Environment Policy 4: "Development will not be permitted which would adversely affect:

- (a) species and habitats of international importance:

- i. protected species of international importance or their habitats; or
- ii. proposed or designated Ramsar and Emerald Sites or other internationally important sites.

- (b) species and habitats of national importance:

- i. protected species of national importance or their habitats; (1) Wildlife Sites are defined in Appendix 1
- ii. proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or
- iii. Marine Nature Reserves; or (iv) National Trust Land.

- (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.

Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."

4.7 Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:

- a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;
- b) details of pollution and alleviation measures must be submitted;
- c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and
- d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."

4.8 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."

4.9 Environment Policy 16: The use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use may be permitted where:

- a) it is demonstrated that the building is no longer required for its original purpose and where the building is substantially intact and structurally capable of renovation;
- b) the reuse of the building will result in the preservation of fabric which is of historic, architectural, or social interest or is otherwise of visual attraction;
- c) it is demonstrated that the building could accommodate the new use without requiring extension or adverse change to appearance or character;
- d) there would not be unacceptable implications in terms of traffic generation;
- e) conversion does not lead to dispersal of activity on such a scale as to prejudice the vitality and viability of existing town and village services; and
- f) the use of existing buildings involves significant levels of redevelopment to accommodate the new use, the benefits secured by the proposal in terms of impact on the environment and the rural economy shall outweigh the continued impact of retaining the existing buildings on site. Proposals to convert rural buildings to residential accommodation will be considered along with the advice given at Section 8.10 of this document.

4.10 Since the approval of the 2019 application the Department has introduced new Residential Design Guidance and at paragraph 3.2.2 of this document there is an indication that development should generally avoid the installation of flat roof structures unless a deliberate design decision has been made to adopt a different approach. Consideration shall be given to this in the assessment of the current application.

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Rushen Parish Commissioners support the application (21.01.21).

5.2 Department of Infrastructure (DOI) Highways Division consider that there will be no significant negative impact on highway safety, network efficiency and/or parking and the changes to the vehicular access which apply to this have already been approved in the earlier application. They suggest that secure bicycle parking should be probided and an electric vehicle charging point provided (07.01.21).

ASSESSMENT 6.1 It is clear from both HP11 and EP16 that there are buildings in the countryside which are valuable in preserving the Island's history and where these are redundant for their original purpose, they may be preserved for future posterity through the introduction of new uses where these may be accommodated with no adverse impact on the appearance or character of the building. In this case, this importance is heightened by the fact that a public right of way passes the site and unlike many rural and remote buildings, this building will be seen by the public so its continued deterioration and lack of use would not be in the public interest.

6.2 Whilst the proposed works do not retain the existing appearance of the building, it is clear that its current form is not its original and the present monopitch roof was formerly a pitch, evidenced by the thatch stones. What is proposed would therefore accord with HP11 second sub paragraph a. The other alterations are minimal and of a design and finish to not detract from the character of the building.

6.3 In respect of the other parts of HP11 and EP16, the building would appear to have been a cottage which has been changed and used for storage in association with the adjacent agricultural land. Its limited size and openings would restrict its use for either of these purposes as it currently stands thus complying with the parts of HP11 and EP which require that the building is redundant for its original purpose. The building is interesting in that it is old and part of the adjacent group and as stated in 6.1 its continued deterioration would be deterimental to the amenities of the footpath from which it is visible. The building is structurally capable of the proposed conversion works as evidenced by the structural report and the detailed design of the changes to the existing dwelling and extensions thereto reinstate the original character and appearance of the building as both policies aim to achieve. The use would be compatible with the residential use alongside as well as not interfering with the agricultural use of the land round about. The curtilage as defined in red on the plans includes land which is not currently part of the surrounding area and is annotated as being a wildflower meadow. It is physically separate from the fields surrounding it and appears to be land which is associated with the existing building as a garden or amenity area: it is not considered that this is unreasonable and would appear to reflect the former use and layout of this part of the overall area.

6.3 There is clearly sufficient space for parking and servicing and a residential property in the same ownership relatively close by. - 6.4 There are trees on site although none in the area of the proposed extension as would be affected by those works. It is proposed to extend the gravel driveway between trees and this encroaches into the canopy spread of these trees and potentially into the root protection area therefor. If the driveway is formed simply by the laying of gravel on an existing surface this would not affect the health or longevity of the trees. However if this were to be an excavated and relaid driveway then there may be a potential harmful impact on these trees. A condition is recommended to require details of this and if necessary a tree protection report and method statement for the creation of this access demonstrating that the adjacent trees will not be affected. The drawings indicate that it is not intended to remove any trees as part of this work.

## CONCLUSION

7.1 The proposal accords with Housing Policy 11 and Environment Policy 16 and is supported subject to conditions which suspend the provisions of the Permitted Development Order insofar as it applies to the extension of the property, replacement windows, the installation of walling or fencing and garaging. It is considered that the provisions for sheds (which could provide secure bicycle storage space) and greenhouses is not inappropriate here and such structures if undertaken in accordance with the restrictions in the Order, would be acceptable. The installation of an electric vehicle charging point could be installed without planning approval under Class 14A of the PDO. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
- (d) Highway Services Division of Department of Infrastructure and
- (e) The local authority in whose district the land the subject of the application is situated. 8.2 The Planning Committee must determine:

- o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and

- o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 04.02.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

## Customer note

## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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