13 January 2012 · Delegated
Springhaven, Glen Wyllin, Kirk Michael, Isle Of Man, IM6 1aw
This application sought permission to convert an outbuilding at Springhaven, Glen Wyllin, Kirk Michael into additional ancillary accommodation linked to the existing detached single-storey dwelling on the site. The site sits within the residential curtilage of the property, located south east of the A4, and is within a tree preservation area. The officer recommended approval and the application was permitted by the Development Control Manager under delegated authority on 13 January 2012. Permission was granted subject to three conditions.
The application was permitted by the Development Control Manager under delegated authority. The proposal involved converting an outbuilding within the residential curtilage of a detached single-storey dwelling to provide additional ancillary accommodation. The decision was made on 13 January 2012 and is subject to three conditions.
Kirk Michael Local Plan 1994
zones of interest particular attention should be paid to alterations and replacement buildings
instances identified in Business Policy 5. The above Policies need to be understood in the context of the whole Strategic Plan, and the nature and needs of each locality. As stated in Paragraph 9.4.5 of the Strategic Plan: "It is accepted that in some circumstances a mix of uses can be appropriate within town centre locations such as residential flats above retail units or office accommodation, particularly where this can help to ensure the use of the area at different times during the day, thus helping to ensure the security and vitality of these areas." Douglas Town Centre Douglas Town Centre performs a number of different functions , being the primary location for traditional retail and office accommodation and evolving uses associated with these in the modern marketplace. The character of the town centre is undoubtedly changing and being flexible to accommodate a variety of functions that are crucial if Douglas is to remain a dynamic, interesting place. Market stalls, for instance, for seasonal or weekend events are often a welcome addition to a vibrant streetscape, and these temporary uses are supported. From a retail perspective, Douglas town centre is relatively healthy with few vacant stores at any one time. Many town centres are retracting and a balance does need to be struck between centres having the ability to adapt and change without damaging the vitality of the central core. Map 5 shows a clear and reasonable Douglas town centre boundary focused on an obvious core area. The town centre boundary and extent of the Mixed Use Areas were considered at length during the Inquiry and the final coverage of the 'town centre' was given firm direction in the Inquiry Report. Area Plan objectives for town and village centres This Plan recognises the prin ciples of sustainable development when it comes to town and village centres and supports such areas being used for a mix of retail, office, food and drink tourism, cultural and residential development which all interplay together to help ensure the vitality of centres. Centres should be places where people work, live, shop, access local services and should be designed to minimise the need to travel and are accessible safely and conveniently by non -car modes of travel - walking, cycling and public transport. Signs of decline can be reversed by positive action to encourage increased activity to help re -vitalise the centres to ensure their continued viability. Objectives: • The principle that town and village centres are the physical heart of their communities. • The hierarchy of centres set out in the Strategic Plan is the starting point for centre development; • A defined Douglas town centre allowing for a range of suitable sites to meet the modern needs of the Capital and protecting against the loss of typical town centres uses to out of town locations . This is to take advantage of existing services and high level s of accessibility; • The continued regeneration of the Douglas town centre; • It is important to identify areas of special character and use , defining them by recognising their group value; • Allowing small scale development in local service centres and villag es which meets identified local needs and/or maintains the viability of local services and the attractiveness of those localities as places to live, fostering sustainable communities. • Reconnecting the communities in the Plan Area by service provision and fostering of local community identity. Area Plan desired outcomes i. Focused, compact and attractive centres. ii. Focused 'centre' uses in the core areas of existing settlements, with new neighbourhood centres in sustainable urban extensions over the lifetime of the Plan of appropriate scale to ensure well thought out sustainable communities. iii. Implementation of the Central Douglas Masterplan proposals. iv. Proposals identifying Comprehensive Treatment Areas (please see Chapter 13). v. A plan which promotes the use of vacant urban sites and premises through encouragement of site assembly, joint venture development and a framework to relieve blockages brought about by land ownership complications, which could extend the range of retail uses and activity in the town centre and thus retain expenditure. vi. Promotion of the town centre area as a residential location (especially on upper floors) to encourage evening activity and retain residential catchment expenditure. vii. Enhanced attractiveness through public realm and landscaping improvements and better connections across the town centre in terms of access and movement and active travel options which will contribute to an accessible and convenient Douglas town centre. viii. Enhanced town centre retail functions in terms of choice and location. ix. Developed centres in terms of visitor destinations and general tourism offer. Key Strategy Documents The Retail Study 2009 This set out to investigate approaches needed to create a revitalised and improved Douglas town centre, with a sustain
Isle of Man Strategic Plan 2007
Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance. 4.3.8 The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors. At the same time a slavish following of past design idioms, evolved for earlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe. 4.3.9 The Department recognises the need to raise the quality of the Island's architecture and built environment and is pursuing this through the development control process and the commissioning of its own schemes and environmental improvements. At the same ti me it appreciates that the debate about good design needs to be broadened to include those who design, construct and finance new development and the wider community as we are all affected by the end product. To this end it welcomes the Isle of Man Arts Co uncil's National Arts Development Strategy 2005 - 2014 which has as one of its objectives, to raise the quality of the Island's architecture and built environment by encouraging debate on architectural standards, town and country planning, urban regenerati on and public art. This Strategy recognises that debate will have to take place over time. 4.3.10 In the meantime, the Department considers that, while there are a number of policies in the Strategic Plan which cover various elements of the design of new development e.g. General Policy 2 (a) -(i), ( m) and (n), and various Housing policies, there is a need for a further statement on the need to secure quality in the design of new development. In the preparation of Area Plans the Department will include development briefs that set out design principles for significant sites including new residential areas. Subsequent planning applications will be required to be accompanied by a Design Statement setting out the way in which the proposal has been designed to take into account its context and how the design principles have been developed. 4.3.11 At the same time as wishing to promote good design in new development the Department recognises that there are an increasing number of alternative styles of housing which draw their design principles from the wish to promote sustainability and energy efficiency. Many of these can be incorporated into both modern and traditional designs but in some cases they produce a completely different structure or form of buildings, for exa mple underground (1)Registered Building is defined in Appendix 1 (2) Conservation Area is defined in Appendix 1 housing. While wishing to conserve the historic landscape of the Island the Department welcomes new styles of housing as long as they take into account the landscape context and the impact on the amenities of the area in which they are si ted. Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development.
Isle of Man Strategic Plan 2007
respects the site and surroundings in terms of the siting, layout, scale, form, design
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Isle of Man Strategic Plan 2007
criteria set out in Housing Policy 11 are of relevance
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. 8.10.3 Permission will be given in certain circumstances for the re-establishment of residential use where there is an abandoned dwelling, since such dwellings can sometimes have a negative impact, usually arising from the sense of dereliction and dilapidation. See Housing Policy 13 below. 8.11 Replacement Dwellings in the Countryside 8.11.1 There are in our countryside many existing dwellings, some of which contribute positively to its appearance and character, and some of which do not. A number of dwellings have been abandoned for many years; their physical remains being a reflection of agricultural and social change across the Island. They form features in the rural landscape which are often not unacceptable in their present state. It is appropriate to encourage change which would result in overall environment improvement, and to discourage change which would not. Where the building(s) concerned are of architectural merit or of local, historical or social interest demolition and replacement will be discouraged.
Isle of Man Strategic Plan 2007
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character
Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Planning Circular 1/98: The Alteration and Replacement of Windows
Buildings in Conservation Areas
Planning Circular 1/98: The Alteration and Replacement of Windows
Other buildings erected before 1921
Condition 1
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 2
This approval relates to drawing numbers 01, 50 and 100 date stamped 17th November 2011.
Condition 3
The accommodation hereby approved shall be used only as accommodation ancillary to the dwelling (Springhaven) contained within the application site.