Officer Report

Application No.: 16/00940/B Applicant: Ballavartyn Developments Ltd Proposal: Conversion and extension to existing garage to provide disabled accessible tourist accommodation Site Address: Garage Ballavartyn Equestrian Centre Castletown Road Santon Isle of Man Case Officer : Miss S E Corlett Photo Taken: 08.09.2016 Site Visit: 08.09.2016 Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE SITE IS NOT DESIGNATED FOR DEVELOPMENT

THE SITE

1.1 The site is a part of the relatively newly created Ballavartyn Equestrian facility which sits on the eastern side of the A5 Castletown Road in Newtown. The site has an entrance onto the A5 and then an internal road winds southwards to meet a range of buildings which have been constructed to accommodate horses with some ancillary uses such as a kennel and cafe. These buildings are in the lowest part of the site to the south west of which, and slightly higher than them is a group of buildings which are residential and tourist accommodation. The residential unit is a dwelling which has permission for redevelopment but which has not been implemented, and opposite this to the north are buildings, some of which were created from the re-use and adaptation of existing outbuildings and others completely rebuilt (see planning history). In amongst these buildings is a garage which is a single storey structure with single block walling which is mainly faced in stone. Despite the drawings indicating that there are two rear elevations, the front elevation which faces north towards the tourist accommodation has a wide open frontage which accommodates two vehicles side by side and alongside there is a pedestrian entrance into a utility room and electricity meter room behind. - 1.2 On the site visit the garage had within it a motorcycle, golf clubs, some small items of furniture, some mattresses and a wheeled bin. The majority of the space was unoccupied. THE PROPOSAL

2.1 Proposed is the extension and conversion of the building to provide tourist accommodation. The extension will provide accommodation which represents an increase over the existing of 130% measured externally. The extended property would have the appearance of a modern bungalow with vertically proportioned windows, an artificially slated roof, and Manx stone faced walls. - 2.2 The new arrangement would retain the meter room and utility space as is and provide alongside a two bedroomed unit with wetroom designed specifically for use by wheelchair users, a dining room, kitchen and lounge. The site plan as proposed is slightly misleading as it shows the footprint of another development which is yet to be determined and is not

• currently on site. Trees are to be removed to facilitate the development although the application form notes that there are no trees within 15m of the proposed development site. No details of these trees have been provided nor is there any information on tree protection or re-planting.
• 2.3 The trees on site to be removed are three reasonably big conifers which are very close together to the side of the existing garage, holly bushes and palms.
• 2.4 The applicant has provided additional information in support of the application (received on 14th September, 2016). This explains how the tourist accommodation has been operational since late March 2013 since when it has been almost fully booked, partly, they believe, because the accommodation is rated four or five stars by DED with particular demand for the disabled-suitable accommodation of which there is a general lack on the Island. The disabled-suitable units have an occupancy rate of 96% between March and October 2015 ranging in length of stay from 4 days to 3 weeks. Feedback from those using the disabled suitable units suggests that the three bed unit is either too large or too small for the potential occupants: in one case a severely disabled users had to rent two of the units as his entourage included family members and carers. Feedback also suggests that in some cases, having all of the accommodation on one level is preferable. The application, along with PA 16/00940/B seeks to provide a single storey two bedroom unit and two four bed units, thus providing a greater range of choice for potential occupants. The applicant explains that the tourist accommodation is alongside an equestrian facility which provides opportunities for visitors to get involved in horse-related activities included carriage driving and a letter has been included from the Manx Carriage Driving 4 Disabled who suggest that the greater range of accommodation on the site would enable them to liaise directly with the Riding for the Disabled UK Charity to promote facilities for disabled people. The applicant understands that the proposal is contrary to Strategic Plan policy but considers that their proposal has been designed to reinforce the appearance of a group of agricultural buildings with traditional appearance and will also assist the economic appeal of and investment in the Island through the expansion of high quality tourist accommodations whilst having a minimal visual and environmental impact. PLANNING POLICY

3.1 The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as not for any particular purpose and also of high Landscape Value and Scenic Significance. As such, there is a presumption against development in such areas. Whilst there is provision for the conversion and adaptation of existing buildings of interest, to other purposes, under Environment Policy 16 and Housing Policy 11, these are not applicable in this case as the building is a modern one with no particular architectural merit or social or historical interest. Even if it were, the proposed extensions do not constitute modest and subordinate additions and the finished product is somewhat different to the existing, which is not what these policies aim to achieve. - 3.2 It is within the Department's remit to consider other material considerations, as set out in Section 10 (4)d of the Town & Country Planning Act . There are no suggestions in the application that there are any other material considerations to be considered which may override the development plan in this case. - 3.3 General Policy 3 of the Strategic Plan sets out situations where the policy presuming against development in undesignated areas, maybe set aside, as follows:

"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, historical, or social value and interest (Housing Policy 11)

• c) previously developed land which contains a significant amount of buildings; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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." REPRESENTATIONS

4.1 Highway Services oppose the application on the basis that the proposal does not provide sufficient on site parking in accordance with Strategic Plan policies (14.09.16). - 5.2 DED (Tourism) confirm that one of the key objectives of their Department's Destination Management Plan is business development which includes facilitating accessibility training and products which comply with the forthcoming Disability Discrimination Act which has led to a requirement for a greater range of disabled suitable tourism accommodation and they would support applications which propose this. Whilst not wishing to comment on the planning policy situation in respect of the applications, they would wish the Department to be aware of their concern over the shortage of such facilities (15.09.16). PLANNING HISTORY

5.1 The site has been the subject of a number of applications which resulted in the creation of the equestrian facility (PAs 10/01672/B, 12/01386/B, 12/01617/B (horse walker), 13/00429/B (lighting), the creation of a cafe facility (PA 13/00474/B) and kennels (16/00297/C). - 5.2 Permission has also been granted for the replacement of the dwelling and creation of driveway link (shown in the current proposals) (PA 12/00030/B). - 5.3 Planning approval was granted for the conversion of the buildings opposite the house to tourist accommodation under PA 10/01674/B, PA 12/00027/B and PA 12/00028/B). These were superseded by proposals to rebuild all or some of the existing building to provide tourist accommodation (PA 12/00805/B and PA 13/00795/B). - 5.4 All of the applications which have been determined for this development have been approved.

ASSESSMENT

6.1 The proposal is contrary to Strategic Plan policies which presume against development in the countryside. This was also the case with all of the development which has occurred on the site. The equestrian facilities were subject to slightly different policies than were the applications for the creation of tourist accommodation, these equestrian policies being slightly more relaxed about development, even within areas of high landscape value, on the basis that the countryside is where such activities are likely to be required and appropriately so. Whilst the Strategic Plan contains policies which support the creation of tourist accommodation (amongst other uses) from the re-use of redundant rural fabric, in this case, much of the buildings which are on site have been created through the rebuilding of the former structures, which is not in accordance with these policies. It is fair to say that those parts of the existing operation which did not fall wholly within policy were considered acceptable due to the benefit which they would bring to the Island, mostly in terms of the provision of facilities, equestrian and tourism-related, which are not presently available.

6.2 The current applications continue this theme and have the benefit of tried and tested tourist accommodation which have proved to be successful not only in their quality, confirmed by DED's rating, but also their level of occupancy. The tie to the equestrian activities is also relevant in that many disabled people are and can be involved in equestrian activities, as is evidenced by the letter from Manx Carriage 4 Disabled. As such, it is considered that there is an opportunity to consider positively a development which is contrary to Strategic Plan policy. - 6.3 The development is not visible from outside of the site and is some distance from other existing residential development and what is proposed will not be visible nor environmentally damaging. Whilst trees are to be removed to facilitate the expansion of the garage, these are not particularly important in the landscape and the garage is clearly not vital to the site in terms of car parking or storage. The proposed units are as sensitively designed as can be, given their function and complement what else is already there. It is also relevant that the needs of disabled persons - wider doorways and parking spaces, greater areas of circulation etc can very often not lend themselves to older buildings and there can be, and is in this case, a discord between old fabric and more modern demands. - 6.4 It is important that what is proposed is supported by the DED and we all have the benefit of the existing tourist accommodation and facilities available at this site: this is not a completely new venture on greenfield land in the open countryside. Exceptions to policy need to be made in very special circumstances and it is considered in this case that the particular context of these proposals on this site justify setting aside the policies on the grounds that there could be significant gain to the local economy through the greater attraction of the Island to visitors with relatively little, if any harm to either the amenities of those already in the area and to the environment more generally. As such the application is recommended for approval as is the contemporaneous application, PA 16/00940/B. - 6.5 Whilst there is an objection to the application from Highway Services, the applicant has explained that the units are used in such a way that each unit generally is occupied by a single group and has one parking space which is considered adequate. There are an additional three spaces if required.

PARTY STATUS

7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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, in this case Department of Infrastructure Highway Services and Department of Economic Development (Tourism) and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

8.0 SUPPLEMENTARY REPORT 8.1 At the meeting held on the 3rd October 2016 the Planning Committee accepted the recommendation of the Case Officer subject to the inclusion of condition 3 shown below.

Recommendation Recommended Decision: Permitted Date of Recommendation:

21.09.2016

Decision Made : Approved Committee Meeting Date: 03.10.2016

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.

Signed : S Corlett Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph in the Officer’s report).

Signatory to delete as appropriate YES/NO See paragraph 8 above Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

• 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. Between 1st March and 1st October in any one year the holiday accommodation hereby approved must be used only for individual lets not exceeding four weeks in duration. Outside of this period longer lets to tourists are permissible. For the avoidance of doubt, no approval is granted nor should be inferred by this approval for the use of the new accommodation as private dwellings.

REASON: To ensure that the development is used for the purposes which justifies the approval as an exception to planning policy.

• C 3. Prior to the commencement of any development associated with this approval, a scheme for the planting of new trees and shrubs to better integrate the proposed works with the surrounding landscape, must be approved by the Department and the landscaping undertaken in accordance with this scheme in the first planting season following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

REASON: the landscaping of the site is an integral part of the scheme and must be implemented as approved.

This approval relates to drawings P10-102, P10-103, P10-104 and P10-105 all received on 5th August, 2016.