**Document:** DEC Officer Report
**Application:** 21/00242/C — Additional use of ancillary accommodation and office as tourist accommodation
**Decision:** Permitted
**Decision Date:** 2021-06-01
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/7275-greeba-maggies-cottage-rhenny/documents/930095

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# DEC Officer Report

**Applicant:** Mr Philip & Mrs Felicity Kniveton Proposal Additional use of ancillary accommodation and office as tourist accommodation Site Address Maggies Cottage Rhenny Mooar Farm Rhenny Mooar Lane Greeba Isle Of Man IM4 2DT Case Officer : Mr Paul Visigah
**Site Visit:** Expected Decision Level Planning Committee
**Recommended Decision:** Permitted Date of Recommendation 12.05.2021

## 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.

This application has been recommended for approval for the following reason. Overall, it is considered that the application would not harm the use and enjoyment of neighbouring properties and would comply with Strategic Policy 8 and, Business Policy 11 and 13 of the Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to the Covering Letter, Photograph, Proposed Floor Plans, Building Control Completion Certificate, and drawing Nos. 1629/01/P01 and 1629/01/P03 all received on 23rd February 2021.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Rhenny Mooar Bungalow, Rhenny Road, Greeba, as they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

Department of Infrastructure (DOI) Flood Risk Management Division ________________________________________________________________ Officer’s Report THIS APPLICATION IS REFERRED TO PLANNING COMMITTEE AT THE REQUEST OF THE PRINCIPAL PLANNING OFFICER

1.0 THE SITE - 1.1 The application site represents the curtilage of Rhenny Mooar Farm, Rhenny Mooar Lane, Greeba. The site is located at the end of Rhenny Mooar Lane and is occupied by a detached dwelling, a modern agricultural barn and a stone farm building. The site has access to 26 acres of farmland of which 6 acres are classified as semi-natural, with the remaining 20 acres classified as permanent pasture suitable for grazing with sheep. - 1.2 The two storey stone farm building which is the subject of the current application is situated about 21m northwest of the detached dwelling (main dwelling) on site, with the agricultural barn situated 15m west of this building. The general parking area on the site is situated by this stone barn and would suitably accommodate 3 cars, although there are other parking areas within the site. - 1.3 To the north east of the site are Rhenny Mooar Bungalow, Villa Rhenny Greeba, and Rhennybeg which are residential dwellings without restrictions to occupancy within an area devoted to agriculture.

2.0 THE PROPOSAL - 2.1 Proposed is the additional use of the ancillary accommodation and office within the stone farm building as tourist accommodation. The floor plan shows one bedroom, bathroom, and lobby on the ground floor, while the first floor houses an open plan kitchen and office/studio. The building has an internal floor area of 7.3m x 3.9m (28.4sqm) on both the ground floor and first floor. - 2.2 There are no material alterations to the property or changes to the layout, although the supporting information suggests that the building has been renovated. The applicants have also confirmed that there are 7 parking spaces available on the site. - 2.3 The applicant has explained that the application is to allow additional use of the building as self-catering accommodation.

3.0 PLANNING POLICY - 3.1 The application site is within an Area of High Landscape or Coastal Value and Scenic Significance identified on the 1982 Development Plan. The Isle of Man Indicative Flood map indicates that part of the building is within a low to medium flood risk area. The site is not within a Conservation Area. - 3.2 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application: Strategic Policy 8, Business Policy 13

3.3 Strategic Policy 8: Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests, and where they enable enjoyment of our natural and man-made attractions. - 3.4 Business Policy 14: Tourism development may be permitted in rural areas provided that it complies with the policies in the Plan. Farmhouse accommodation or quality self-catering units in barn conversions and making use of rural activities will be encouraged but must comply with General Policy 3 and Business Policies 11 and 12. Other forms of quality accommodation in rural areas will be considered, including the provision of hostels and similar accommodation suitable for walkers but must comply with General Policy 3 and Business Policies 11 and 12." - 3.5 Paragraph 9.5.8 states: "The use of existing private residential properties as tourist accommodation may be acceptable if it can be demonstrated that it will not compromise the amenities of any neighbouring residents." - 3.6 Business Policy 11: "Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted." - 3.7 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; a) 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.

3.8 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

4.0 PLANNING HISTORY - 4.1 The application site has been the subject of three previous planning applications, two of which is considered to be materially relevant to the current application. - 4.2 PA 08/01387/B for conversion of farm building into ancillary accommodation. This was approved in October 2008.

- 4.2.1 Concern was raised by DOI Highways regarding highway implications of the use of the office as it was considered that the proposed office could create traffic. This was, however,

addressed by the applicants via additional information which indicated that the office would be for private use and would not result in clients visiting. As such, a condition was attached to limit the use of the building only to persons residing at the property Rhenny Mooar Farm.

4.3 PA 19/01336/B for removal of condition 11 of PA 38876, Conversion of barn to farm dwelling, regarding agricultural workers occupancy. This was approved by the Planning Committee on 2 February 2020.

- 4.3.1 The approval of the application enabled the application property to function as a residential curtilage with full residential status as the neighbouring dwellings.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.1 The Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in the letter dated 19 March 2021. - 5.2 Representation from the Department of Infrastructure (DOI) Flood Risk Management Division confirms that that there is 'No Flood Risk Management interest' in the letter dated 8 April 2021. - 5.3 German Parish Commissioners have not made any comments on the application although they were consulted on 10 March 2021. - 5.4 The Owner of Rhenny Mooar Bungalow, Rhenny Road, Greeba, situated about 48m from the eastern boundary of the application site and along the main access to the site has written in to object to the application on the following grounds in a letter dated 13 March 2021:

- i. The access on 'Rhenny Road' is a single track road and at present the households that live on it struggle to reverse for each other as it's such a difficult road.
- ii. Extra cars will cause damage to the road and increase congestion
- iii. It is also interfering with our privacy, all traffic would be passing and looking directly into our house.
- iv. Risk of vehicle accidents is high, with people using the road who are not familiar with it or reside on it.

- 5.4.1 The applicants have provided a response to the comments by the Owner of Rhenny Mooar Bungalow in a letter dated 17 May 2021 which states thus:

- 1.The access road has four properties on it, it has several passing places along its route and has not caused a problem for us, any driver should be able to reverse a short distance or pull in to a passing place.
- 2.The objector does not speak on behalf of other residents who have not objected, the other residents and our predecessor improved the road substantially some years ago at their expense, the objector did not contribute.
- 3.Any property can be seen from the road by cars accessing the properties be it residents, visitors, trades people or post vans. The objectors advertise TT Homestay so welcome visitors.
- 4.The road should not be travelled over at speed and visibility is good, therefore the risk of accidents is not high.
- 5.The alternative access referred to has not been used for at least 40 years and is over other peoples land therefore it is not possible to reinstate, but in any event we have a legal right to use Rhenny Road.
- 6.0 ASSESSMENT

6.1 The application seeks approval for the additional use of a residential unit as tourist accommodation. The fundamental issues to consider in the assessment and determination of this planning application are the principle of the development, the impact of the proposal on the living conditions of the immediate neighbours and the impact on local amenity.

6.2 The Principle (BP 11, BP 14 and EP 16).

- 6.2.1 The site is situated within a redundant farm in the countryside and the site has an established residential use (and the building would be within the residential curtilage as per the planning history). The building is therefore no longer required for its original purpose. The building is an attractive traditional stone building and so its preservation is desirable, and the proposed reuse would achieve this. The applicant has provided information which indicates that the building is in suitable condition as indicated on the accompanying Building Control Completion Certificate for recent works to improve the condition of the building with minimal alterations. There would be no changes to the external appearance of the building and as such it is not considered that there would be any visual impacts resulting from the scheme. The location of the site is considered to be suitable for tourist use (access to over 26 acres of farmland which would be suitable for hiking, sightseeing and other forms of tourist activities that benefit from proximity to the natural environment) and as such will not result in the unacceptable dispersal of activity.
- 6.2.2 Similarly, the additional use of building which is situated in a rural setting for tourism use (when not in residential use) is generally supported, initially through Strategic Policy 8 which seeks to make use of the existing built fabric where there is not an adverse impact on the surroundings, as well as the business policies which support the principle of tourist use with exceptions and it is relevant to consider Business Policy 11 which is specific to the use of rural buildings for tourism in accordance with Environment Policy 16. The expectation is that the building's use should meet the criteria stipulated in these policies (EP 16 and BP 11); conditions which the proposed scheme broadly aligns with, although the elements related to traffic impact will be dealt with below. It is, therefore, considered that the principle of the proposed tourist use for the building is acceptable.
- 6.3 Neighbouring amenity (BP 11 & EP 16)

- 6.3.1 The property is currently used as an ancillary accommodation and private studio, with the application enabling the owners to rent the property for tourist accommodation when they are not occupying it. Given that the ancillary accommodation could house friends or family members with cars, who would come and go as they please whilst staying as guests, it is considered that there is little discernible difference between the use as residential and that of tourism, as the comings and goings of tourists (which could be a couple or family of tourists renting the accommodation for a set time), would be no different from the members of the family or their friends occupying the property over a set period. Besides, most tourists coming to the island would rarely come with their private cars, although the isolated nature of the property and its distance from the main public transport route would necessitate the reliance on taxi's or the hire of private cars which would be no different from the existing use as ancillary accommodation or have negligible impacts when compared with the current use of the building.
- 6.3.2 Another factor that works in favour of the scheme is the nature of the site and its surrounding area which would support a number of outdoor activities that would not require tourists leaving the site; given its previous use for agriculture and its semi-natural classification which has potential for hiking, sightseeing and other tourist uses reliant on the natural environment. The heritage trail also abuts the site, reinforcing the benefits for tourists seeking activities that may not require frequent use of cars. It is, therefore, considered that the use of the existing property for tourist accommodation will have the same impact, whether it is used for tourist or permanent ancillary residential use.
- 6.3.3 Whilst the comments made by the owners of Rhenny Mooar Bungalow are noted, this property which is the nearest residential property to the application site is situated about 49.7m

- from the eastern boundary of the application site, and 44.5m from the elevated section of the access track which is screened by hedging and trees and as such it is not considered that there would be any concerns to privacy sufficient to warrant refusal of the proposal. As has been previously stated, the proposed tourist use would not be any different than that of a friend or family member occupying the unit (and relying on private vehicles considering the site is remote), and as such it is not considered that there would be detrimental impacts on the use of the access. Given the size of the area / accommodation to be used, it would likely lend itself to only accommodate two people or a small family, which would not be sufficient to generate the form of traffic that would be detrimental to the area as has been asserted by this neighbour.
- 6.3.4 Correspondingly, as the property sits detached within its own grounds, with the proposed accommodation situated within close proximity to the main part of the dwelling house, it is considered that any adverse harm would have greater impact on the owners before those of the neighbouring residents. As such this aspect complies with Business Policy 11 and Environment Policy 16.

### 6.4 Highway Impact

- 6.4.1 With regard to Highway impact, the comments from DOI Highways which states that is not considered "to have significant negative impact upon highway safety, network efficiency and/or parking" clearly indicates that there are no concerns in relation to highway safety or parking. As well, the proposed tourist unit is only for a one bedroom unit and as such the existing parking provision on the site would be sufficient to serve the existing residents and tourists.
- 6.4.2 Besides, the building currently has parking provided via the existing off-street parking to the east of the barn access (suitable for three cars), which would be used irrespective of the property being used as ancillary accommodation/studio or tourist purposes, although it could be argued that the tourist accommodation may have a lesser demand for parking, as persons visiting the property would less likely have demand for parking as the current use.

## - 7.0 CONCLUSION

7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle of Man Strategic Plan. Therefore it is recommended that the application be approved. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

- (a) the applicant (including an agent acting on their behalf);
- (b) any Government Department that has made written representations that the Department considers material;
- (c) the Highways Division of the Department of Infrastructure;
- (d) Manx National Heritage where it has made written representations that the Department considers material;
- (e) Manx Utilities where it has made written representations that the Department considers material;
- (f) the local authority in whose district the land the subject of the application is situated; and
- (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker 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 above who should be given Interested Person Status

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 24.05.2021

Signed : P VISIGAH Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

## Customer note

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

### Planning Committee Decision 24.05.2021

Application No. : 21/00242/C Applicant : Mr Philip & Mrs Felicity Kniveton Proposal : Additional use of ancillary accommodation and office as tourist accommodation Site Address : Maggies Cottage Rhenny Mooar Farm Rhenny Mooar Lane Greeba Isle Of Man IM4 2DT

Planning Officer : Mr Paul Visigah Presenting Officer As above

### Addendum to the Officer’s Report

The Planning Committee approved the application at its meeting of 24th May, 2021 subject to the addition of condition 2, to control the length of stay of tourists:

"C2: Holiday Accommodation (occupancy period) The development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as a separate dwelling. The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year".

Reason: To ensure that the development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate dwelling in the countryside."

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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/7275-greeba-maggies-cottage-rhenny/documents/930095*