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The application site is an abandoned structure known as Bwoaillieecowle, Staarvey Road, German. The structure is what is left of a now abandoned dwelling which has no roof, windows or doors and is in a state of disrepair. The walls are constructed of exposed stone.
This application seeks approval for the alteration and conversion of existing cottage to dwelling.
This description would not seem to be correct in that the building is not an existing cottage. Furthermore the existing use of the site is described as being residential. Again this is not correct as
any residential use of the site has clearly expired long ago. Aside from the incorrect description of the application, there are several fundamental inaccuracies in the submitted drawings, namely:
The proposal is for the conversion of the structure to form a dwelling. Externally the building would have a roof added and would be extended off its south east elevation, the north east elevation and the north west elevation. The exterior walls would be rendered and additional windows would be created. A parking/turning area would also be created.
The application site is located within an area identified as being of High Landscape or Coastal Value and Scenic Significance by the 1982 Development Order.
Housing Policy 4:
"New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
Housing Policy 13:
"In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost.
a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and b) there is an existing, usable track from the highway; and where c) a supply of fresh potable water and of electricity can be made available from existing services within the highway.
This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement buildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space(3) measured externally, the extension measures less than 50% of that of the original)."
The following previous planning applications are considered relevant in the assessment and determination of this application:
00/01723/A Approval in principle for reinstatement of former dwelling and outbuilding. Refused on Review.
03/01318/B Erection of a farm dwelling, agricultural shed and access road to replace former dwelling and outbuildings. Refused on Review.
04/01472/B Erection of an agricultural shed and creation of an access road onto Staarvey Road. Permitted on Review.
The Highways Division of the Department of Infrastructure had deferred consideration of this application as the plans do now not show visibility splays from the proposed access and from the lane onto Staarvey Road.
The owner of Ballabooie Farm, Ballabooie Road, Staarvey Road, German objects to this application. There objection may be summarised as concerns that the development would result in additional pollution on the site, that the structure is not an "existing cottage", that the stonework would be rendered, that trees would be felled as part of the works and that the site is within 8 metres of a watercourse.
The Manx Electricity Authority has attached a note relating to electricity supply.
The first issue to consider is the inaccuracy of the submission. Where an application displays minor mistakes, it is reasonable to contact the applicant/agent to request that these be corrected rather than to refuse the application. However, in this case, the submitted material is fundamentally flawed in a number of ways. The application fails to show the existing structure in the correct position and the building is drawn inaccurately.
If these issues are set aside for the purposes of assessing the planning merits of the scheme, Housing Policy 13 provides the criteria by which to consider the proposal. The main considerations are whether:
a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and b) there is an existing, usable track from the highway; and where c) a supply of fresh potable water and of electricity can be made available from existing services within the highway.
In terms of a) the condition of the building is poor and the short structural inspection report which accompanies the application goes into little detail as to the structural capability of the remaining walls. Indeed the conclusion of the report is that "The basic shell of the cottage is in good structural order and could readily be rebuilt and incorporated into a future property." HP13 does not allow for existing walls to be "rebuilt" rather they are to be retained. The Senior Building Control Officer has reviewed the proposal and concludes that the building would seem to be in a poor state of repair and from the information submitted it has not been demonstrated that the proposal could be carried out whilst retaining the remaining walls. It is judged that the proposal fails to demonstrate compliance with HP13 part a).
Part b) requires there to be an existing useable track to serve the building. The adjacent farm track would seem to provide an adequate form of accessing the site although some works would be required to connect the site to the farm track.
In terms of part c), there is nothing within the application to demonstrate that this requirement can be met.
Consideration must also be given to how the proposed alterations and extensions would affect the appearance of the building. It is proposed to add extensions to three elevations and to render the exterior walls. It is judged that the extension to the front elevation would be inappropriate and harmful to the character of the building whilst the application of render would make the building
more prominent within the landscape and would have a detrimental impact upon the appearance of the building.
Refuse.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
German Parish Commissioners.
The owner of Ballabooie Farm, Ballabooie Road, Staarvey Road, German.
Accordingly the following parties are not granted Interested Party Status:
The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.
Recommended Decision: Refused
Date of Recommendation: 12.07.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The submitted drawings are inaccurate to such an extent that a proper assessment of what is proposed cannot be carried out. The main inaccuracies consist of:
i. The structure is shown in the wrong position; ii. The position of some of the windows shown on the drawings of the existing building are incorrect; and iii. The chimneys are drawn incorrectly.
R 2.
Notwithstanding the inaccuracy of the submission, the proposal fails to comply with Housing Policy 13 in that it has not been demonstrated that the structure is structurally capable of being retained and converted as proposed and therefore part a) of the policy is not met.
R 3.
The proposed extension to the front (north west) elevation and the application of render over the existing exposed stonework would adversely affect the character of the building and make it more prominent within the landscape.
R 4.
The application contains no information to demonstrate that part c) of Housing Policy 13 can be met.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Senior Planning Officer.
Decision Made : Refused Date : 11/01/2011
Signed : Michael Gallagher Director of Planning and Building Control Delete as appropriate
Signed : Jennifer Chance Senior Planning Officer
more prominent within the landscape and would have a detrimental impact upon the appearance of the building.
Refuse.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
German Parish Commissioners.
The owner of Ballabooie Farm, Ballabooie Road, Staarvey Road, German.
Accordingly the following parties are not granted Interested Party Status:
The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.
Recommended Decision: Refused
Date of Recommendation: 12.07.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The submitted drawings are inaccurate to such an extent that a proper assessment of what is proposed can not be carried out. The main inaccuracies consist of:
R 2.
Notwithstanding the inaccuracy of the submission, the proposal fails to comply with Housing Policy 13 in that it has not been demonstrated that the structure is structurally capable of being retained and converted as proposed and therefore part a of the policy is not met.
R 3.
The proposed extension to the front (north west) elevation and the application of render over the existing exposed stonework would adversely affect the character of the building and make it more prominent within the landscape.
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