Planning Officer Report

Planning Officer Report And Recommendations {{table:368971}}

Officer's Report

The Application Site

1. The application site comprises the residential curtilage of a detached dwelling located on Ballagyr Lane in German. The planning application relates specifically to a detached stone built garage located within the site.

The Proposal

1. The proposal comprises the extension and conversion of a detached garage to provide ancillary/tourist accommodation.

Planning History

1. Whilst the application site has been the subject of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.

Planning Policy

1. In terms of land use designation under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982 the application site is designated as woodland and is located within a wider area of land that is classified as being of high landscape or coastal value and scenic significance.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application.

1. General Policy 3 states:

"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
• (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
• (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
• (e) location-dependent development in connection with the working of minerals or the provision of necessary services;
• (f) building and engineering operations which are essential for the conduct of agriculture or forestry;

• (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage." 7. Housing Policy 11 states: "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."

1. Business Policy 12 states:

"Permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10. Housing Policy 11.

Representations

1. German Parish Commissioners stated that they have no objections to the planning application.
2. The Department of Infrastructure Highways Division do not oppose the planning application.
3. The Manx Electricity Authority expresses an interest in the planning application. The contents of their representation relates to non material planning considerations.

Assessment

1. The planning application seeks planning approval for the extension and conversion of a detached garage to provide ancillary/tourist accommodation. The proposed development was the subject of preapplication discussion. Although apparently built as a garage the building that is the subject of the proposed development is not readily used as such. Rather, based on site visit observations it appears to be used more as general store and home workshop, although not to any great extent.
2. In terms of assessment there is planning policy allowing the conversion of redundant buildings into other use, including ancillary accommodation and tourist accommodation. Whilst it is reasonable to say that these policies were envisaged to deal with the conversion of buildings such as old stone agricultural barns there is no obvious reason why the conversion of other existing buildings cannot be considered. Provided their conversion does not result in a new independent residential unit or have unacceptable impacts on public amenity, private amenity, highway safety or other material consideration such development may be acceptable.
3. In this instance whilst the building is not overly large it is substantial in terms of design and construction, it being finished in stone to match the associated dwelling. There is a small sunken garden located to the side of the building. The proposed level of extension is modest and in keeping with the building. It results in a building that is large enough to convert to provide small scale ancillary or tourist accommodation. There is one vehicular entrance to the application site and visitors to the dwelling have to travel directly past this detached building. Given this, the size of the building and perhaps more importantly its close relationship with the existing dwelling it is considered that future severance from the dwelling as an independent residential unit is automatically restricted. The proposed extension and use as ancillary or tourist accommodation should not harm the amenity of the

area or private amenity given the relatively isolated position of the application site. Overall, the impact of the proposed development is not concluded to be significantly greater than the existing situation.

1. As for other material planning considerations the overall application site has significant on-site car parking provision. The loss of garage space and possible traffic generation by tourists should be readily accommodated within the application site and should not affect highway safety within the surrounding area. The proposal does involve the felling of one tree. Whilst this is a substantial tree it can be seen that it suffers from a significant lean that presumably affects its long term vitality and overall safety. Indeed, there is already a felling licence to remove this tree and its loss is largely mitigated by the significant amount of mature trees found elsewhere within the application site.
2. The proposal is not considered to affect any other obvious material planning consideration.

Recommendation

1. It is recommended that the planning application be approved.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

German Parish Commissioners

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Infrastructure Highways Division; and The Manx Electricity Authority.

Recommendation

Recommended Decision: Permitted Date of Recommendation: Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to drawing no.s AT1113.1, AT1113.2, AT1113.3, AT1113.4 and AT1113.5 date stamped the 9th November 2011.

C 3. The accommodation created by this approval shall be used as either a) tourist accommodation for individual lets not exceeding four weeks in duration; or b) accommodation ancillary to that of the existing dwelling (Langtoft Manor). For the avoidance of doubt, no approval should hereby be conferred by this approval for the use of the new accommodation as a separate dwelling.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Determining officer (delete as appropriate)

Signed : _________________________	Signed : _________________________
Anthony Holmes	Sarah Corlett
Senior Planning Officer	Senior Planning Officer
Signed : _________________________	Signed : _________________________
Michael Gallagher	Jennifer Chance
Director of Planning and Building Control	Development Control Manager