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Application No.: 18/00916/B Applicant: Mr William & Mrs Joanne Cubbon Proposal: Variation of condition 3 of PA 03/00234/B, Conversion of outbuilding to dwelling, concerning equestrian owner occupancy Site Address: Glebe Bungalow Glebe Farm Stables St Marks Ballasalla Isle Of Man IM9 3AH Principal Planner: Miss S E Corlett Photo Taken: 24.09.2018 Site Visit: 24.09.2018 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 16.10.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. The dwelling within the area defined in red on drawing 1241.VC1 may be occupied only by persons actively engaged in the use and security of the equestrian and/or agricultural use of the land defined in blue and red on the submitted location plan, or dependants of such persons as aforesaid.
Reason: To reflect the original justification for the dwelling as an exception to the general presumption against the creation of new dwellings in the countryside.
This decision relates to the location plan and plan reference 1241.VC1 both received on 24th August, 2018. _______________________________________________________________
None _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.1 The site is the curtilage of an existing dwelling which is situated in the midst of a group of buildings - Glebe Cottage, Glebe House, a dwelling formed by the conversion of a two storey stone barn and various stables and a large barn. The applicant also owns the surrounding land and stables - Glebe Stables which are all indicated in blue on the submitted location plan. The dwelling was approved under 03/00234/B which was an application for conversion of the building to a dwelling and was subject to an occupancy condition attached at appeal which stated: "The dwelling hereby permitted may only be occupied by a person or persons actively engaged in operation and providing security for the equestrian and livery business". - 1.2 The dwelling is a simple single storey structure which is smaller than the other residential properties around it. - 1.3 The Millennium Way public footpath runs to the south of the property, in front of Glebe Cottage, Glebe House and the converted barn but not immediately alongside the application property. THE PROPOSAL
2.1 Proposed is the removal or rewording of the condition to omit reference to the livery business which has reduced in scale since the approval of the dwelling: they now have 16 horses, not the 30 at the time of the application. In addition, they explain that they have security measures such as CCTV which covers the yard, stables, tack room and car park, a gated entrance and all the exits off of the yard are gated. No horses live outside all day and night and are stabled and there is a room on the yard where anyone needing to stay overnight can do so with tea and coffee making facilities. - 2.2 They suggest if a condition is required that it could say something along the lines of: "The property must remain as a single unit comprising of the dwelling and the outbuildings and shall not be subdivided without prior permission of the planning authority which would allow it to be used as a private equestrian property or continuing as an equestrian livery business. PLANNING POLICY
3.1 The site is within an area not designated for development and is also with the St. Mark's Conservation Area. The Area Plan for the South refers to St. Mark's as well as a number of other small settlements - Derbyhaven, Glen Chass, Ballakilpheric, Cregneash and Earystane. The advice for St. Mark's is that "the principle of a small number of suitably sited and designed new dwellings being added to the Village could meet any local housing need without affecting adversely the character and appearance of the Conservation Area" but advises that a full appraisal by the Conservation team must be undertaken to ensure this is appropriate. The property was approved for conversion after the designation of the Conservation Area. - 3.2 The Strategic Plan provides advice on the provision of agriculturally tied dwellings although this usually applies to agriculture not equestrian activities and businesses. This states that where an exception is made to allow a dwelling justified by agricultural need and an agricultural occupancy condition is attached, this will not normally be removed upon application "unless it is shown that the long-term need for dwellings for agricultural workers, both on the particular farm and in the locality, no longer warrants reserving the dwelling for that purpose". Whilst this refers to agriculture, the principles are relevant and in this case it is considered that the appropriate consideration is whether the condition should be retained in its present wording or whether it should be amended to somehow restrict the occupancy to person or persons whose residency on the site could reasonably be expected sufficient to provide justification for the dwelling. PLANNING HISTORY
4.1 The dwelling was approved under 03/00234/B as is stated above as a conversion of a building which was formerly a brick built store. The building did not constitute something which
5.1 Highway Services request a deferral to allow the application to provide a drawing which illustrates that sufficient space is available to allow two vehicles to be able to park safely and conveniently on the site. (10.10.18)
5.3 Malew Parish Commissioners have no objection (03.10.18). ASSESSMENT - 6.1 It is clear that the dwelling created from the former outbuilding was approved on the basis of need at the time rather than compliance with the Department's policies on such things. The building was not of historic, architectural or social interest and its conversion would not have complied with Planning Circular 3/89 or its replacement, Housing Policy 11, for this reason. It is important that those reasons are not dismissed as such would undermine the original approval and be contrary to the Strategic Plan policies as the house would not have been approved without the justification of need. It is also clear from the application/applicant that there is not intended to be a separation of the equestrian use of the land from the dwelling, just a removal of the requirement of the dwelling to be associated with the livery business which may not be operational on the site. It is perfectly acceptable to amend the condition to require the occupation of the property to be actively engaged in the use and security of the equestrian and/or agricultural use of the land defined in blue and red on the submitted location plan.
6.2 The land will be used for the keeping or horses or agricultural animals and the need for security and proximity does not relate to whether those animals are kept on a livery or a private basis. Whilst it may be likely that anyone interested in acquiring the property will have an association with the land, through the keeping of horses or other animals on it, given that there are large equestrian/agricultural stables/buildings on the site, if no condition were attached to the property and its occupation were permitted on an unrestricted access, it is possible, arguably likely, given the history of land owners applying for on-site accommodation to manage and provide security for agricultural or equestrian operations (eg 16/00664/B, 16/00796/B and 17/00988/B) and as such, it could be that a future argument could be made for on-site accommodation, on a similar basis that the dwelling was approved in the first instance. As such it is considered that some form of occupancy condition should remain with the property. CONCLUSION - 7.1 It is not considered that the modification of the condition as suggested in 6.1 above would undermine either the original approval or the objectives of the Strategic Plan and the application is supported. The applicant is in agreement with the proposed wording of the amended condition. 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:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 29.10.2018
Signed : S CORLETT Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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