**Document:** DEC Officer Report
**Application:** 20/00638/B — Conversion and erection of extension to existing barns to create a residential dwelling with associated parking and landscaping
**Decision:** Permitted
**Decision Date:** 2020-09-25
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/13167-colby-agricultural-buildings-adjacent-conversion-extension/documents/998001

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# DEC Officer Report

## PLANNING OFFICER REPORT AND RECOMMENDATIONS

**Application No.:** 20/00638/B
**Applicant:** Mr Jonathan & Mrs Lynda Martin
**Proposal:** Conversion and erection of extension to existing barns to create a residential dwelling with associated parking and landscaping
**Site Address:** Agricultural Buildings Adjacent To Field 414319 Ballakillowey Road Colby Isle Of Man
**Planning Officer:** Miss Lucy Kinrade
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 24.09.2020 _________________________________________________________________

## 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 occupied until the means of vehicular access and visibility splays have been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only

The visibility splay(s) thereafter must be kept permanently clear of any obstruction exceeding 1m in height above adjoining carriageway level.

Reason: In the interests of highway safety.

- C 3. With exception to those development works hereby approved the two stone outbuildings shall be retained in full.

Reason: In the interest of preserving the historic interest of the original barn buildings and the development has been considered on an exceptional basis against Housing Policy 11.

- C 4. 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 development shall be undertaken under the following classes of Schedule 1 of the Order at any time:

- Class 13 - Greenhouses and polytunnels
- Class 14 - Extension of dwellinghouse
- Class 15 - Garden sheds and summer-houses
- Class 16 - Fences, walls and gates
- Class 17 - Private garages and car ports Reason: To control future development on the site.

This application has been recommended for approval for the following reason.

The application is considered to comply with General Policy 3(b), Environment Policies 1, 4 and 7, Housing Policy 11, Recreation Policy 5 of the Isle of Man Strategic Plan 2016 and 3.2.2 of the Residential Design Guidance.

Plans/Drawings/Information;

This approval relates to drawing numbers P/00-01, P/00-02, P/10-01, P/10-02, Design and Access Statement, supporting information including a letter from Curtins and email from DEFA Senior Biodiversity Officer all date stamped and received 19/06/2020, and email and attached structural report and bat survey received 08/09/2020.

_______________________________________________________________ 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 comprises two stone outbuildings set back around 130m from the main road and accessed via an existing gated access and small track. - 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 stone buildings are detached but sit close to each other; one is a fairly long single storey barn (barn 1) and the other a shorter two storey barn (barn 2). Both are stone built and finished with pitched and slated roofs. The long barn is currently rendered to the rear. - 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, there is existing gates and stiles either side of the access track. - 1.5 The site and outbuildings have recently been approved under PA 19/00583/B for their extension and conversion to create a residential dwelling with associated parking and landscaping. The application was approved for a pitched roof linked extension between the two barns and some external window and door alterations to facilitate the new residential use. The works were concluded to results in a fairly minimal intervention of the existing buildings and of reasonable and acceptable scale remaining subordinate to the original buildings as to not cause

any material harm to the historic interest of the buildings or to the enjoyment of the countryside landscape. The application was approved conditions ensuring the development carried out in accordance with the approved drawings in order to maintain the two original buildings and conditions revoking Class 13-17 (extensions, garages, freestanding structures and boundary treatments) of the Permitted Development Order.

PROPOSAL

2.1 The current application similarly seeks approval for the extension and conversion of the existing barns into a single dwellinghouse but with an alternative approach to design. - 2.2 Proposed is the erection of a flat roof predominantly glazed link extension between the existing outbuildings. This link is to have a slightly larger footprint compared with the previous link and a roof height matching the 3m eaves of the single storey barn. - 2.3 The proposal now also seeks to amend the window and door configuration to facilitate the residential use. A set of glazed doors are proposed on the front elevation of each building and aligning with existing openings in the original buildings. The remaining openings are to remain unchanged and installed with new windows or a door. - 2.4 At the rear, the proposed link is to include a timber clad entrance from the off road car parking located to the rear of the buildings. A new window and door opening is proposed in the rear of the single storey barn and the existing opening in the lean-to is to have a new window installed. - 2.5 Roof lights are proposed throughout either side of the roof slopes, 8 on the front elevation and 8 on the rear. - 2.6 All buildings will be finished with pitched slate roofs throughout. - 2.7 The application also includes modifications to the existing access, these proposals duplicate those works approved under 19/00583/B. The scheme continues to propose a setback gated entrance and a 3m wide access track leading to the house made up with 1m wide gravel strips either side of grass strip and an edging kerb to contain the gravel. Nearest to the house and towards the rear is a hardstanding area for the parking of at least 2 vehicles. A stile or gate is proposed along the boundary to maintain public footpath access. - 2.8 The extent of the red line residential curtilage remains as that approved under 19/00583/B. The previous application include full building survey and bat reports, the current application includes additional information from the structural engineer clarifying the revised proposed can still be structurally accommodated by the existing outbuildings and communications with DEFA Biodiversity confirm that the bat report from 19/00853/B is still valid. HISTORY

3.1 Aforementioned 19/00853/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. 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 General Policy 3 would be applicable and 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; - 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 Recreation Policy 5: "Area Plans will identify areas where improvements to informal access to the countryside can be made and to the public footpath network. Existing public rights of way should be retained and any development which affects these will be permitted only if it provides diversions which are no less direct or attractive than existing routes." - 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 - In support (dated 20/07/2020)

5.2 Department of Infrastructure (DOI) Highways Division - Do Not Oppose (15/07/2020) access was approved under 19/00853/B and adequate parking and turning is to be provided.

5.3 Manx National Heritage- Comments 20/07/2020 - a bat survey has been provided and is still valid, there is also potential for nesting birds at the site and a visual survey should be undertaken prior to works as it is reminded that it is an offence to cause any harm to nesting birds under the Wildlife Act 1990. - 5.4 DEFA Fisheries - deferral request for 9m watercourse form (24/07/2020) followed by no objection (04/08/2020) the nearby watercourse is not known to contain fish populations. ASSESSMENT

6.1 There has been one new material consideration since the 2019 application and this relates to the Department's introduction of the Residential Design Guide 2019 which highlights that flat roof structures are generally inappropriate unless a deliberate design approach has been selected.

6.2 In the case of this application the most notable changes since the original approval are those to the design of the link extension now being flat roof and modifications to the window and door arrangements now including two larger patio door openings across the front elevations.

6.3 The agent explains in the supporting statement that the change to a flat roof design for the link extension seeks to maintain a greater visual separation between the two existing outbuildings and a greater contemporary contrast between the old and new structures. This view is concurred and the revised flat roof design of the link extension is considered in this specific instance to be an acceptable approach to design. The application is considered to remain compliant with the tests of Housing Policy 11. - 6.4 The modifications to the windows will present two larger areas of glazing across the front elevation, this glazing has been designed to take account of existing openings and the setback reveals, neither is considered to be unreasonable in size nor to adversely impact on the overall historic appearance of the original stone buildings which remains in comfortable contrast with the old fabric and the new conversion works. - 6.5 The original 2019 application was provided with a full structural report and a bat survey. The current application contains an updated letter from the structure engineer confirming the existing building is capable of accommodating the works, and DEFA Biodiversity has clarified the original bat report is still valid. For completeness the agent for the application submitted a copy of both the original documents by email dated 08/09/2020 for the application. CONCLUSION

7.1 Taking into consideration the above, the level and scale of development proposed is still considered to be acceptable. The proposal results in a fairly minimal intervention in the fabric

of the existing outbuildings with most changes being to the rear and limited from primary public views. The proposed link results in a satisfactory dwelling and the proposal is not judged to cause any material harm historic interest of the buildings or to the enjoyment of the countryside or to cause harm to the quality and character of the landscape.

7.2 In conjunction with the previous application conditions relating to highway access and visibility splay will be added along with conditions relating to Housing Policy 11, the revocation of Classes 13-17 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.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 25.09.2020 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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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*Canonical page: https://planningportal.im/a/13167-colby-agricultural-buildings-adjacent-conversion-extension/documents/998001*