DEC Officer Report

Application No.: 19/00583/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 & 414311 Ballakillowey Road Colby Isle Of Man Planning Officer: Miss Lucy Kinrade Photo Taken: 21.08.2019 Site Visit: 21.08.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 09.01.2020 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 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 and the visibility splay(s) thereafter kept permanently clear of any obstruction exceeding 1m in height above adjoining carriageway level. Reason: In the interests of highway safety.
• C 3. The development works to the outbuildings hereby approved shall be carried out in accordance with those details as shown on drawing number 18/38/05 Rev A date stamped 11/10/2019. Notwithstanding those works approved and for the avoidance of doubt 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.

Plans/Drawings/Information;

This approval relates to drawing numbers 18/38/02, 19/38/03 and 18/38/04 date stamped and received 15/05/2019, and drawing numbers 18/38/01 Rev A, 18/38/05 Rev A, 18/38/06 Rev B, 18/38/07 Rev A, Bat Survey and Curtins Structural Report and Applicants supporting statement all date stamped and received 11/10/2019.

_______________________________________________________________ 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):

• * The Cottage, Ballakillowey Road, Colby
• * Graystones, Ballakillowey Road, Colby

as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.

It is recommended that the following organisation 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):

• * The Manx Footpaths Conservation Group, Muirfield, Bradda West Road, Port Erin

• as they do not own or occupy property that is 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 and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status (July 2018). _____________________________________________________________________________

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. PROPOSAL

2.1 The current application proposes the erection of a small link between the two buildings and their conversion into a single dwellinghouse. - 2.2 To facilitate the conversion the application seeks approval for the following works: - 2.3 Barn 1: installation of 4 windows and 1 door within the existing front apertures, the installation of 3 roof lights on each roof slope, re-grading of the land at the rear and the installation of a door and three small windows on the rear elevation. - 2.4 Link: the proposed link is approx. 5m wide x 4m deep with an apex glazed front and a masonry rear fitted with three narrow windows. - 2.5 Barn 2: installation of 2 windows and 1 door within existing front apertures and the creation of 1 new window at first floor, the replacement of the door and windows on the small gable lean-to and the removal of the upper level render at the rear and the installation of 1 door and three small windows. 1 rooflight is to be installed on the front slope and four at 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 providing a setback gated entrance finished in tarmac between the road and the gate pillars and the 3m wide access track is proposed to be 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. - 2.8 Amended drawings were received on 11/10/2019 which sought to amend the extent of the red line in reducing the proposed residential curtilage and in clarifying the extent of the works proposed for the access track and entrance. The additional information also included a bat survey and structural survey report. This was re-advertised accordingly. HISTORY

3.1 The application site has not been subject to any previous planning applications. 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 would also be considered applicable in the assessment of the application;

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 under-used 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 over-riding 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." REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Rushen Commissioners - In support (dated 09/11/2019 and 26/10/2019)

5.2 Department of Infrastructure (DOI) Highways Division - Do Not Oppose Subject to Conditions (20/06/2019 and 04/11/2019) with the most recent comments for the amended plans summarised as follows:

• - drawings show visibility of 2.4m x 50m which is reasonable here and requires 50m of hedging and sodbanks to be lowered to no more that 1m above carriageway level. The access road is relatively poor in its surface materials although is bitmac surfaced 6m from the edge of the road and a separate S109a agreement is required. The access track is wide enough and adequate turning and parking is provided within the site. A condition is recommended for any approval requiring the visibility splays be provided and maintained at 1m above the carriageway level.

5.3 DEFA Ecosystems Policy Officer - Comments (28/06/2019 and 31/10/2019)

• a bat survey was requested as part of the first comments. The results of the bat survey were submitted and circulated for comment 04/10/2019, the survey concluded that the site was not used by bats as a place of shelter but were recorded passing the site around sunset strongly indicating that they had emerged from their daytime roosts some distance from the site and had travelled to get there, and as such the conversion to residential will not materially impact bat habitat. Updated comments from the officer stated that they were content with the findings of the report and no further action was required, but that if further evidence of bats were to arise that they contact Manx Bat Group asap.

5.4 A number of comments have been received in respect of the public footpath and the concern for its loss as a result of the development, these comments were received from The Cottage (dated 25.06.19 and 22.11.19) and Graystones (dated 25.06.19, 08.07.19, 06.11.19 and 11.11.19) both at Ballakillowey Road, Colby and from a representative of the Manx Footpath Conservation Group, Muirfield, Bradda West (dated 25.06.19, 18.10.19 and 31.10.19) Since the submission of amended drawings clarifying the public right of way being maintained and access being though an existing gate and new stile along the access track, further comments were received indicating that those earlier concerns had been resolved. - 5.5 Between the original submission and the amended drawings being received the applicant also provided a written response to the concerns raised for the footpath (dated 03.07.2019), and that its omission was a genuine oversight and that it would be maintained and a gate or stile would be provided in the stock fencing.

ASSESSMENT

6.1 The fundamental issues to consider are whether the buildings are suitable for conversion under the terms of Housing Policy 11, that the D14 and rural landscape character would not be visually affected as a result of the development, that the proposal is provided within suitable and safe highway access to accommodate the new residential use and whether the proposal would result in any negative impacts on the nearby pond, local habitats or the public right of way. Housing Policy 11

6.2 The applicants provided additional information dated 11.10.19 in which they state that the two buildings are no longer used for agricultural purposes and are too small for modern agricultural machinery and following the submission of additional information and a structural report it has been demonstrated that the existing buildings are both substantially intact and structurally capable of renovation without detriment to their structural integrity although some underpinning works may be required to the two storey barn. As per the floor plans it is clear that the buildings when connected by the proposed link are large enough to form a satisfactory dwelling, the link is considered to be a modest and subordinate extension and one which does not adversely affect the historic character and interest of the outbuildings. The existing building is already provided by water and electricity services and its re-use for residential accommodation would not be incompatible with the area given the neighbouring dwellings and farmsteads dotted along both sides of the road here. The reduction to the extent of the residential curtilage defined in the amended drawings also maintains a greater area of useable agricultural land for the continued short term letting to farmers, and this reduce curtilage is also at the benefit of the general rural context and the countryside landscape of the site. Visual Impact

6.3 The scope of works are not judged to cause harm to the appearance of the main building or considered to harm the character and quality of the landscape and wider surrounding area. The building is not readily visible from the main road due to its set back positioning. The installation of slate roof materials will generate an appropriate and uniform appearance throughout the building and the subordinate link is of more modern style and design which positively contrasts between the old and new. The proposal retains the traditional exposed stone of the existing buildings and introduces render to one gable and the replacement of the rear render on the long barn, similarly the installation of windows and doors is contained within existing apertures, with exception to those new windows and doors to the rear where there is limited public view, but that their sizes and limited numbers is considered to be proportionate to the size and scale of the development and generally in keeping and not to lead to loss or reduction of the original interest and character of the building or surrounding area. Highway Access - 6.4 The existing site is serviced by an existing agricultural gated access; the proposal now seeks to set this gate back further from the road and to re-surface in tarmac, the remaining track will comprise a mix of aggregate surfacing and a grassed middle section, this arrangement will present an appropriate access track for the rural context of the site. In terms of safety, visibility is identified on the drawings as being achievable to 2.4m x 50m in both directions with sightlines provided within the applicants ownership and maintained at 1m. DOI Highway Services have indicated that they do not oppose subject to a suitably worded condition ensuring the access and visibility splays are provided accordingly and maintained at 1m high. Pond, Habitats and Public Right of Way - 6.5 The existing lean-to on the western gable of barn 2 sits closest (2m) to the stream identified on drawing number 18/38/06 Rev B. The works are for the conversion of the buildings and no physical development works other than the replacement of the door and windows are proposed here, the physical building works expected at the site are further east and beyond 9m from the watercourse and over 60m from the pond to the south. In this respect the proposal is not considered to adversely affect local watercourse in line with EP7. - 6.6 The DEFA Ecosystems Officer has commented on the application, most recent comments acknowledging the receipt of the bat survey and the content nature of its findings. The office has advised that should bats be found at the site at any time in the future that the applicant make suitable contact with Manx Bat Group reiterating that it is a criminal offence to recklessly or intentionally kill, injure or take this protected species. In respect of this consideration shall be given to the addition of a note to any approval reminded the applicant of this. - 6.7 Following the submission of additional drawings the situation regarding the Public Right of Way (PROW) was clarified and that the intentions of the applicant as per their response to objectors was for its retention and accordingly a gate and stile have been provided and identified on the most recent drawings 18/38/06 Rev B and 18/38/07 Rev A.

CONCLUSION

7.1 Taking into consideration the above, the level and scale of development proposed is 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 or through the addition of a subordinate link extension. The proposal 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. A condition shall be added to ensure the development works to the outbuildings is carried out in accordance with the approved drawings.

7.2 A suitably worded condition shall be added in respect of the highway access and visibility matters and in seeking to maintain the sensitive historic character of the buildings a further condition shall be added removing the Town and Country Planning Permitted Development rights for extensions, garages, freestanding structures and boundary treatments shall be revoked. This is not to say that such works would be unacceptable but should be subject to consideration and assessment through the planning process. 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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 09.01.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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