DEC Officer Report

Application No.: 19/00638/B Applicant: Mr Nicholas & Mrs Carole Ennett Proposal: Conversion of existing agricultural outbuilding to provide ancillary residential accommodation with additional tourist use Site Address: Ballakillowey Farm Ballakillowey Road Colby Isle Of Man IM9 4BN Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.10.2020 _________________________________________________________________

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 or operated until the means of vehicular access, visibility splays, turning and parking areas have been provided in full accordance with the approved plans (Penketh Millar drawing numbers 01 and 02), and shall thereafter be retained free of obstruction for such use at all times.

Reason: In the interests of highway safety and to ensure that sufficient provision is made for access, off-street parking and turning of vehicles.

• C 3. The visibility splays shall be constructed in full accordance with the approved plans (drawing numbers 01 and 02) and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
• C 4. The development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation or as ancillary accommodation to the main house

known as 'Ballakillowey Farm' and shall not be used or occupied as a separate independent dwelling.

Reason: The proposal has been assessed on this basis only and not as a separate dwelling in the countryside.

Note: The applicant is to be reminded of the protected species listed in the Wildlife Act 1990 (including bats) and their obligations to protect such species.

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 and 4, Housing Policy 11, Environment Policy 16 and Business Policies 11 and 12, and Transport Policy 4 of the Isle of Man Strategic Plan 2016

Plans/Drawings/Information;

This application relates to drawing numbers 02 and 03, and supporting statement date stamped 31/05/2019, Penketh Millar 7 x A4 site photographs, drawing numbers 01 and 02 and Penketh Millar supporting statement all date stamped and received 10/07/2020, bat report date stamped and received 20/07/2020, and drawing numbers SL date stamped and received 04/08/2020.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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 - as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. _____________________________________________________________________________

Officer’s Report THE SITE

1.1 Ballakillowey Farmhouse and its associated outbuildings are located on the western side of the A36 Ballakillowey Road approx. 500m north of the roundabout junction to Port Erin and Port St Mary. The farmhouse and two outbuildings are accessed via a small shared lane with neighbouring dwelling 'The Cottage'. The existing outbuildings sit to the west of the main farmhouse between 15m - 20m away. These buildings were originally approved under PA 92/00468/B and PA 01/01446/B (planning history for which is included in 3.0 of this report), one is a traditional stone barn with a low single storey pitched roof, the other is a larger steel framed portal building approx. 18.5m x 9m with a masonry base and steel cladding above. - 1.2 The information submitted for the application indicates that the landholding extends to around 20acres. - 1.3 The long single storey stone barn measures around 28.5m long and 6m wide. The building is stepped in three sections, two finished with a slate roof and the smallest finished in metal sheets. On the far western end there is a small flat roof store.

1.4 The building is white washed across the south facing front elevation and includes a number of different door and window openings into the stable compartments within. The land slopes across the site which means the building is set within hill with earth banked up at the rear exposed stone elevation. PROPOSAL

2.1 The site is currently subject to two contemporaneous applications; one for the erection of a new agricultural steel framed building, the creation of a new all-weather riding arena and retrospective cladding works to the existing large outbuilding 20/00152/B and this one for the conversion of the long stone barn to provide ancillary residential accommodation to the main house with additional tourist use. Both applications also include the creation of a new access separating it from its neighbour. - 2.2 Proposed is the conversion and alteration of the existing stone building to provide a two bedroom accommodation. The works will include the re-roofing over of the flat roof with a new slate pitched roof, the replacement of the double doors with patio doors and the installation of a window on the end gable with its apex clad in timber. New windows and doors are to be installed within existing openings across the front elevation and the stone building is to be repointed throughout. Five roof lights are proposed on the rear north facing roof slope. The corrugated tin roof is to be re-slated over although the internal space is to remain as a separate store. - 2.3 The application was re-advertised early August 2020 following initial comments on both applications for the site. A new agent was appointed and additional and amended plans were provided including additional supporting statements and a bat report. PLANNING HISTORY

3.1 The site has been subject to two previous applications PA 01/01446/B and PA 92/00468/B for the erection of two agricultural buildings both which were approved subject to condition restricting the use to agricultural only. - 3.2 The current application previously ran alongside PA 19/00529/B which proposed the erection of an agricultural building 20m x 10m to the west of the existing buildings and the creation of a 20m x 40m all-weather riding arena further west of the proposed outbuilding. This application was refused August 2019 as there was lack of agricultural need for the building, its size and position within the landscape resulted in an adverse visual impact and there was insufficient information for the riding arena provided to determine its visual impacts or a justification of the loss of agricultural land. - 3.3 A further application for the erection of an agricultural building and riding arena has since been submitted under 20/00152/B and runs contemporaneously to the current application. This proposes the erection of an agricultural building to the rear of the existing building, the erection of a fenced sand based riding arena to the west of the buildings, cladding works to the existing agricultural building and creation of the new access, this application remains pending decision. PLANNING POLICY

4.1 The site lies in an area not designated for a particular purpose on the Area Plan for the South 2013. The area lay within a wider area of High Landscape Value and Scenic Significance on The Isle of Man Planning Scheme (Development Plan) Order 1982 which was replaced in the APS by the Landscape Character Assessment which provided a more detailed assessment of the landscape character and recommendations for its preservation and enhancement. The site lies on the cusp of two landscape character areas - Southern Uplands and Incised Slopes

• where the advice is to conserve and enhance the character, distinctiveness and tranquillity of the area and maintain uninterrupted skyline and panoramic views.
• 4.2 Environment Policies 1 set out a presumption against development in the countryside however General Policy 3(b) allows for the conversion of redundant rural buildings which are of architectural, historic, or social value and interest, subject to the tests of Housing Policy 11. Business Policies 11 and 12 also state that there shall be no lesser constraints placed upon tourism-related development than on any other forms of development in undesignated areas but that tourism uses will generally be permitted where they make use of existing buildings of interest and quality with Environment Policy 16 setting out the circumstances of acceptability. Environment Policy 4 covers habitats and protected species and Transport Policy 4 covers highway safety and shall be considered in terms of the proposed new access.
• 4.3 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."

4.4 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. Proposals to convert rural buildings to residential accommodation will be considered along with the advice given at Section 8.10 of this document."

4.5 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."

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Rushen Parish Commissions - in support (09/07/2019) no further comments (23/11/2019 and (25/08/2020).

5.2 Department of Infrastructure Highway Services - initially opposed the application (31/07/2019 and 06/12/2019) stating that the existing access is substandard in terms of visibility. The proposal will result in an intensification of traffic at a substandard junction and would not be acceptable from a highway perspective contrary to General Policy 2. Following revised drawings being submitted updated comments confirmed DNOC Do not Oppose subject to Condition (18/08/2020) -

• o The arrangement separates the farm traffic from the neighbours providing greater convenience and reducing traffic levels at the existing below current standard junction and along the existing track. The proposed access meets standards to allow shared use and suitable gradient and is to maximise visibility splays at 2.4 x 70m in each direction with any boundary treatment lowered below 1.05m. The width of the access is adequate and the intended parking and turning area would cater for all existing and proposed uses.
• o The revised proposal raises no significant road safety issues and reduces risks at the existing junction and track. Accordingly, Highway Services raise no opposition subject to conditions for access, visibility splay, and pedestrian vehicle areas for movement, parking and turning being providing in accordance with Drawing No's 20 1370 01 and 20 1370 02, and an advisory note for the provision of cycle storage and a s109(A) Highway Agreement for works connecting to the highway.

5.3 DEFA Ecosystems Policy Officer - (04/07/2019) although not for demolition there is potential for roof structure disturbance. Bat Conservation Trust recommends that surveys for bats are undertaken for all traditional stone agricultural buildings pre-1914, and therefore it's requested that a Bat Survey including findings and any appropriate mitigation is submitted prior to any decision being made on the application. Bats are a protected species under the Wildlife Act 1990. No further comments have been received since the application was readvertised with the included bat report. Neighbours views - 5.4 The owners of The Cottage - Comments (04/07/2019 and 22/11/2019) Their property and the application site share a drive that is used for light vehicle access by both property owners, they note that the proposals contained within both applications for the site would increase traffic generated and that it would have an impact on the shared lane and their property and living conditions. No further comments have been received since the application was re-advertised. ASSESSMENT

6.1 The matters to consider as part of current application are whether the loss of the agricultural building is justified, whether the conversion and alteration works are acceptable in terms of visual, amenity and habitat impacts and whether the proposed new access is provided within suitable highway safety.

6.2 Information provided with the application now outlines the impracticability of the existing stone barn for modern day agriculture with limited access for larger vehicles and limited space for the storage of larger bails and bigger farming equipment, while part of the building remains available for storage of smaller equipment and allows some smaller farm operations there is now an increased need for a larger building which can provide a more efficient provision of space and allow a more efficient operation of the farm and which is being proposed under 20/00152/B. - 6.3 The existing stone barn is of size to accommodate the proposed living accommodation without extension; the building is of interest warranting its retention and conversion and is structurally capable of renovation. The building sits adjacent to the existing farmhouse where an ancillary or tourist accommodation would not be incompatible and its positioning amongst a working farm may form part of its interest to some tourists seeking a specific rural retreat. - 6.4 The external alterations required to facilitate the proposal are fairly modest with most changes contained to existing apertures with only the far western gable being modified to accommodate a new end gable window and the installation of patio doors. The proposed works are not expected to result in any adverse harm to the overall visual quality or interest of the original building and the wider rural setting is to be preserved. - 6.5 The bat report prepared by Manx Bat Group indicates that there is no evidence of bat activity inside or outside of the building and no obvious suitable features for bats. They highlight that a number of internal works had already been undertaken including the application of screed to internal walls which has left no suitable bat habitat. The condition of the building coupled with the exposed open location of the site and lack of nearby cover to provide travel corridors or feeding sites makes the building of negligible suitability for bats. While no updated comments have been received from DEFA regarding the receipt of the bat report it is considered that given its findings that there would be no harm as a result of the works. Although a note reminding the applicant of the protected species (incl. bats) referred to in the Wildlife Act 1990 and their obligation to lawfully comply with it. - 6.6 The building has sufficient space surrounding it to accommodate any associated parking and the proposed new access has been supported by DOI Highway Services and considered not only to provide greater convenience to the site but that it helps to reduce traffic levels from the existing shared access which is below current highway standards. The proposed access meets highway standards and is adequate to cater for the existing and proposed uses at the site and raises no significant road safety issues. The access width allows shared use and has maximised visibility splays at 2.4 x 70m in each direction. A condition requiring the access, visibility splays, parking and turning areas being provided in accordance with the submitted drawings is necessary. CONCLUSION

7.1 For the above reasons the application is considered to comply with General Policy 3(b), Environment Policies 1 and 4, Housing Policy 11, Environment Policy 16 and Business Policies 11 and 12, and Transport Policy 4 of the Isle of Man Strategic Plan 2016 and is recommended for approval

7.2 It is necessary to add suitably worded conditions relating to the needs for the access to be completed in accordance with the approved drawings and a suitably worded condition linking the living unit to the existing dwelling and to be used as a holiday let only and not accommodated as a separate dwelling. 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 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 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: 08.10.2020 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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