**Document:** DEC Officer Report
**Application:** 21/00330/C — Change of use of upper floor of stables into residential with additional tourist accommodation
**Decision:** Permitted
**Decision Date:** 2021-06-22
**Parish:** Bride
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/7351-bride-ballayonaigue-farm-change-of-use/documents/930962

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# DEC Officer Report

**Applicant:** Mr David Hathersich-Jones Proposal Change of use of upper floor of stables into residential with additional tourist accommodation Site Address Ballayonaigue Farm Lambhill Bride Isle Of Man IM7 4BL Case Officer : Mr Jason Singleton
**Site Visit:** Expected Decision Level Planning Committee
**Recommended Decision:** Permitted Date of Recommendation 24.05.2021

## 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.

- C 2. 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.

This application has been recommended for approval for the following reason. The proposed change of use of the upper floor to tourist / residential would be an appropriate form of development that does not harm the wider countryside in accordance with Environment Policy 1 and 2 and would also comply with Business Policy 11,12,14, Housing Policy 16 and Strategic Policy 8 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to drawings referenced; Site Plan, Location Plan, 1880-02, 1880-03, 188004, submitted digitally and received on 24 March 2021.

### Interested Person Status – Additional Persons

While DoI's Flood Risk Management Division is a Government Department have commented it is to say that they have no interest in the application. As such it is not considered they should be afforded Interested Person Status in this case.

________________________________________________________________ Officer’s Report

THE APPLICATION IS BEING REFERRED TO THE PLANNING COMMITTEE AS WHAT IS PROPOSED COULD BE SEEN AS BEING CONTRARY TO HP11 AND EP16.

1.0 THE SITE - 1.1 The application site identified in red is the detached outbuildings associated with is the residential curtilage of Ballayonaigue, Lambhill, Bride. The curtilage is made up of the main dwelling house and a number of detached outbuildings and stables, a horse manege and 7 acres of land that are bisected into paddocks for the horses. The stables outbuilding subject of this application is located to the north of the dwellinghouse (approx.40m) across the courtyard area and accessed from the same private driveway that serves the dwellinghouse. The building is two stories and features three horse stables, a covered drive through space and a separate store on the ground floor and the upper floor is all open plan and utilised for storage in association with the stables and owners horse riding equipment. Access to the upper floor is from external staircases on the side elevation and an internal staircase adjacent to the stables. - 1.2 The building was originally built with planning approval under reference; 05/00029/B which is two stories high and finished in a mixture of painted render on the rear elevation and Manx stone and red brick to the sides and front elevation and a pitched slate roof.

2.0 THE PROPOSAL - 2.1 Proposed is the change of use of the upper floor of the stables building from storage to

- a 1 bedroom residential accommodation with additional tourist use.

2.2 The first floor plan configuration would utilise the whole of the upper floor and would feature an open plan kitchen, dining room and living room with separate utility, bathroom and bedrooms. The ground floor would remain as horse stables as per the existing approval from 2005. - 2.3 The agent on behalf of the applicant has submitted a planning statement which highlights; the stables are private and used in conjunction with the dwellinghouse; the need for the volume of storage area has been reduced over the years as the owner hasn't as many horses now and the requirement for hay storage has reduced as a result; The intended use is for tourist accommodation and occasionally by the family of the owners;

## - 3.0 PLANNING POLICY

3.1 In terms of local plan policy, the application site is within an area recognised as being "white land" or not zoned for development on the Town and Country Planning (Development Plan) Order 1982. - 3.2 Under the Isle of Man Development Plan Order 1982 the site is also within an area of high landscape value. The site is not within a designated conservation area, or is classified as a registered building, nor is the site within an identified flood risk area. - 3.3 General Policy 3 (in part): 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)"

3.4 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. - 3.5 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.

3.6 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.

3.7 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. - 3.8 Business Policy 12

- Permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10. - Housing Policy 11.
- 3.9 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.
- 3.10 Transport Policy 4 The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.

## - 4.0 PLANNING HISTORY

4.1 05/00030/B - Creation of horse trailer garage with loft room storage and creation of covered tractor parking area. Approved with a specific condition; "The building shall be used solely for stabling and associated storage". - 4.2 05/00029/B - Erection of an additional two storey stable block with storage space above. Approved.

## - 5.0 REPRESENTATIONS

5.1 Bride Parish commissioners were wrote to on the 21.04.2021 and at the time of writing no comments had been received. - 5.2 Highways Services have commented (30/04/21) with no objection - 5.3 DoI Flood Risk Management Team have commented (05/05/21) with No Flood Risk Management Interest.

## - 6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are;

- (i) the principle of the proposal (BP11,12,14, HP11, EP16, STP8)
- (ii) the visual impact of the proposed development on the character and appearance of the existing dwelling, and street scene; (EP1&2)

6.2 (i) Principle There is an underlying element to the Strategic Plan Policies which are relevant to the conversion of rural buildings to tourist use which must be taken into account. General Policy 3 allows for conversion of redundant rural buildings in the countryside, taking note of their aesthetic value while Business Policy 11 allows for "development" in the countryside for tourism subject to meeting the conversion tests of Environmental Policy 16. Where applications are for mixed tourist and residential use HP11 and EP 16 have broadly the same material tests. There is the expectation that the buildings should be redundant which is then supported through Business Policy 12 which provides that permission will generally be given for the conversion of "redundant buildings" in the countryside to tourist use, subject to compliance with paragraph 8.10, Housing Policy 11 and Environment Policy 16 of the Strategic Plan. Business Policy 14 provides that tourism development may be permitted in rural areas, but requires compliance with other Strategic Plan policies, including specific cross-references to Business Policy 12, and through that policy to Housing Policy 11. As a result, whilst Housing Policy 11 relates to

- conversions into dwellings, by virtue of Business Policy 12 it also applies to conversions to tourist uses. Amongst the requirement of Housing Policy 11 is that redundancy for the original use can be established, as echoed in Environmental Policy 16.
- 6.3 Turning to the proposal, it is clear from the agents supporting statement the use of the barn's upper floor has fallen dormant for their intended use which was for storage in association with the private use of the stables as part of the main dwellinghouse. The conversion and adaption of the buildings first floor has been shown on the floor plan to be able to create self-contained accommodation which comprises the usual living arrangements and the conversion works would make use of the existing windows and apertures, so the proposed works would not significantly or adversely alter the character of the building, in accordance with the policy.
- 6.4 As the building is relatively modern (circa 2005) and across two floors it could initially fail the redundancy test as sought in HP11. However, the ground floor would continue to be utilised as horse stables as per their intended use and it is only the upper floor that is being altered (internally). Whilst not strictly in accordance with HP11, HP16 merely seeks that the use or building is longer required for its original purpose. Both polices seeks that the preservation of the rural buildings would of architectural, historic or social interest, Striking a balance between the policies, the retention of the building as stables below and first floor accommodation above is not considered to be fundamentally detrimental to the application or the aims of the Strategic Plan.
- 6.5 The proposal would be used in conjunction with the dwelling house (and can be conditioned so) so would not be seen as incompatible with the residential aspect and given the access to the barn is only from the driveway that serves the house, occupants would have to pass the house to gain access into the courtyard area which serves the barn. There would therefore be a degree of mutual space and gardens.
- 6.6 (ii) Visual Impact As the proposal is seeking the additional use of the existing built fabric of the building

there are no material alterations to the external elevations. The building would retain its character as a stables building amongst a collection of smaller stabling buildings and any residential/tourist use would be only noticeable within the courtyard shared with the main dwellinghouse. On balance it is not considered there would be any detrimental impact to adversely affect the countryside from the proposal and would be in accordance with Ep1 and 2.

## - 7.0 CONCLUSION

7.1 Overall, it is concluded that the planning application is in accordance with aforementioned Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.

7.0 CONCLUSION - 7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, the Residential Design Guide 2019 and is recommended for approval.

## - 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: 14.06.2021

Signed : S BUTLER 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 14.06.2021

Application No. : 21/00330/C Applicant : Mr David Hathersich-Jones Proposal : Change of use of upper floor of stables into residential with additional tourist accommodation Site Address : Ballayonaigue Farm Lambhill Bride Isle Of Man IM7 4BL

Senior Planning Officer : Mr Jason Singleton Presenting Officer As above (correct manually if not the case officer)

### Addendum to the Officer’s Report

The application was approved by the committee with an amendment to condition 2 to allow for ancillary residential use and an additional condition to clarify the extent of the approval (does not relate to the ground floor).

DOI Flooding were afforded IPS.

- 2. The development hereby approved shall not be used or occupied other than for the purpose of either ancillary residential accommodation to the main dwelling at Ballayonaigue Farm or as short-let holiday accommodation and shall not be used as a separate dwelling. If occupied as holiday accommodation, 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.

- 3. No approval is given for the use of the ground floor for either residential or tourist purposes. Reason: For the avoidance of doubt.

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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/7351-bride-ballayonaigue-farm-change-of-use/documents/930962*