Officer Planning Report 12/00947/A

Application No.:	12/00947/A
Applicant:	Fiona Barker
Proposal:	Approval in principle for erection of a building to provide garage, recreational room and ancillary living accommodation to replace existing redundant barn
Site Address:	Kionslieu Farm
Kionslieu Hill
Foxdale
Isle Of Man
IM4 3HB

Officer's Report

Introduction

1. This application seeks approval in principle for the erection of a building to provide garage, recreational room and ancillary living accommodation. The application is considered to be unacceptable and is not in accordance with the relevant policies of the Isle of Man Strategic Plan.

The Site

1. The application site is the curtilage of Kionslieu Farm, Kionslieu Hill, Foxdale which is situated to the eastern side of the highway. On the site there is a two storey property which is the main dwelling; to the north of this there are converted barns which is tourist accommodation, beyond this there are stables and a barn.

The Proposal

1. The application seeks approval for the erection of a building to replace a redundant barn. The building would be similar in size to the existing barn and would provide a garage, a recreational area for tourist use and a "granny" flat. Also proposed is a link between the proposed building and the main dwelling.

1. The applicant wishes to provide an indoor facility for use by the guests who are utilising the holiday accommodation. The applicant's intention is to provide a reception area, a communal area for guests where the applicant can provide a much higher standard of leisure facilities accessible to all their guests. They also wish to have a garage associated to the main dwelling and a two storey self contained unit. If the application is approved they hope that the facility will be used by campers during TT and Grand Prix fortnight.

Planning History

1. There have been a number of previous planning applications for this site. In 1987 there was an application for the construction of a farm building, this application was permitted. In 1991 there was an application for approval in principle for conversion of farmyard and buildings to holiday accommodation, this application was permitted. A further application was submitted in 1991 for conversion and redevelopment to create 7 holiday homes with associated facilities, this application was permitted.

Case Officer :	Miss Laura Davy
Photo Taken :	17.07.2012
Site Visit :	17.07.2012
Expected Decision Level :	Officer Delegation

1. In 1995 there was an application for the erection of three, two bedroom self catering holiday bungalows, this application was refused. There was a further application submitted in 1995 for the alterations and extensions to provide additional living accommodation, this application was permitted.

Development Plan Policies

1. The application site is in an area zoned as "Open Space" identified on the Foxdale Local Plan 1999. The main dwelling and the converted outbuildings are identified as "Tourist Accommodation and Leisure"; there are also areas of "Private Woodland" within the site. Given the nature of the application it is appropriate to consider General Policy 3, Environment Policy 1, Housing Policy 11, Business Policy 11, Business Policy 12, Business Policy 14 and Housing Policy 15 of the Isle of Man Strategic Plan (20th June 2007). It is also appropriate to consider F/P/T/1 of the Foxdale Local Plan 1999.

1. 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:

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 land¹ 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-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.

1. 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.

1. Housing Policy 11

Conversion of existing rural buildings into dwelling 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 11

Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted.

1. Business Policy 12

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.

1. Business Policy 14

Tourism development may be permitted in rural areas provided that it complies with the policies in the Plan. Farmhouse accommodation or quality self catering units in barn conversions and making use of rural activities will be encouraged but must comply with General Policy 3 and Business Policies 11 and 12. Other forms of quality accommodation in rural areas will be considered, including the provision of hostels and similar accommodation suitable for walkers but must comply with General Policy 3 and Business Policies 11 and 12.

1. F/P/T/1 – Policy

The Department will continue to encourage the promotion and development of tourism within Foxdale. This may take the form of the conversion of existing redundant buildings where such conversion complies with planning circular 3/89 – Renovation of Buildings in the Countryside. Alternatively the Department may accept the expansion of existing facilities which have shown positive previous contribution to tourism in the area. However, no approval will be granted to any development which would result in an adverse impact on the countryside whether this be from visual intrusion, the impact of traffic or car parking or inadequate arrangements for the servicing of the development.

1. Housing Policy 15

The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)

CONSULTATIONS

1. Highways Division does not oppose as it has no traffic management, parking or road safety implications. Note: Garage must conform to standard 5m x 3m (minimum)

1. Patrick Commissioners resolved that no comment would be made.

1. The Tourism Division for the Department of Economic Development support the application. In summary they note that Kionslieu Farm Cottages have been registered with the Department for a number of years and this proposal is in sympathy with the Department's

policy to encourage quality tourist accommodation and to encourage diversification of such sites to boost the local economy. They feel that this proposal would provide a much needed facility for their visitors.

1. The Manx Bat Group concluded that the old barn affords little scope for bat roosting, and no evidence was seen of bat use at the time of visit in mid-August 2012.

Assessment

1. The application site is in an area zoned as "Open Space"; therefore the site is not zoned for development. General Policy 3 relates to development outside of areas zoned for development, it mentions that development will not generally be permitted outside of those areas zoned for development, but there is a list of exceptions.

1. The application is for the erection of a building to replace an existing redundant barn; this does not fall under any of the exceptions set out under General Policy 3. General Policy 3 part b does allow for the:

"Conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11)"

1. Whilst development will not generally be permitted outside of areas zoned for development there are exceptions to this, the above being one of them. The proposed development is for a replacement building, this would not fall under any of the exceptions set out under General Policy 3.

1. Part b of General Policy 3 would allow for the conversion of the redundant barn which would be assessed under Housing Policy 11 which specifically states:

"Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form."

1. The proposed building would replace the existing redundant barn which is contrary to General Policy 3 and Housing Policy 11.

1. The tourism policies of the Strategic Plan allow for development in the countryside but again it states that development should be in accordance with the other policies of the Isle of Man Strategic Plan.

1. As mentioned there is potential for development of the site in the form of conversion of the redundant barn however the applicant has indicated that there are a number of issues associated with the proposal which they believe would be better addressed through replacement rather than conversion.

1. Whilst replacement of the building may be more preferable to the applicant it needs to be noted that development is not generally permitted in areas of open countryside and the conversion of such redundant buildings is considered to be an exception to this.

1. Given that the building would be linked by an enclosed walkway it could be considered to be akin to an extension to the main dwelling and therefore it is appropriate to consider Housing Policy 15 of the Isle of Man Strategic Plan.

1. Housing Policy 15 deals with alterations and extensions to traditionally styled properties in the countryside. Whilst the proposed building would be of the style and design of a traditional barn it would be of such a size that it would not appear as a subordinate extension to the existing dwelling.

1. The policy suggests that the proposed extension should respect the proportion, form and appearance of the existing dwelling. It is considered that this extension would be much larger than a modest extension and would be read separately from the main dwelling.

1. If the building is to be used in association with the main house then it should be a subordinate extension which should not be severable from the main dwelling. If the building is to be used by guests then it should be sited closer to the existing tourist units. It may be that there is already a building which is closer to the existing tourist units which is suitable for conversion for that purpose.

1. Policy F/P/T/1 does allow for expansion of existing facilities to promote and encourage tourism within Foxdale. Whilst this application does have an element relating to the tourism business the proposed use for the remainder of the building would appear to be a "granny" flat and a garage for use by those occupying the main dwelling.

1. So whilst the expansion of existing tourist facilities may be acceptable, the proposed siting and use of the building would not lend itself for tourist facilities.

1. The applicant has also provided a letter written by Hon. David Anderson MHK which is in support of the application. Mr. Anderson has written "...The planned reception area will improve the management of the facility especially when guests arrive in inclement weather. I do think it represents a reasonable development which will enhance the facilities for families staying at Kionslieu Cottages".

1. Whilst it is clear that the applicants have a successful tourist facility and they feel that the provision of a games room would enhance these facilities, it is considered that the siting, design and internal layout would not lend itself to the existing tourist units.

1. Given that the proposed building would accommodate a garage and two storey "granny annex" it is considered that this would be mainly residential accommodation linked to the main dwelling. Whilst it would be attached to the main dwelling via a link it would be very easily severable from the main dwelling and could result in a separate independent residential unit in the countryside.

1. The proposed development would result in a new building which could be accessed independently of the main dwelling; it is considered that the proposed building would result in a building tantamount to a dwelling.

1. The proposed building would provide a "granny" flat which whilst it would be linked to the main dwelling by an enclosed walkway it would be for all intents and purposes a separate independent residential unit in the countryside.

1. It may be that an additional facility for tourist use and a separate garage may be acceptable, however, it is not essential that both of these uses are in the same building, it is also judged that the tourist facility would be better sited adjacent to the existing facilities.

1. The above application is considered to be unacceptable and is recommended for refusal.

Party Status

1. The local authority, Patrick Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

1. The Department of Environment, Food and Agriculture is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status.

1. The Tourism Division of the Department of Economic Development is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 08.11.2012

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

R 1. The proposed extension would appear as a separate building which would not respect the proportion, form and appearance of the existing dwelling and would therefore be contrary to Housing Policy 15 of the Isle of Man Strategic Plan.

R 2. Given the size, design and siting of the proposed extension it would appear as a separate building which would be tantamount to a new dwelling in the countryside which is contrary to General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan.

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.

Decision Made : Refused Date : 13/11/12

Determining officer (delete as appropriate)

Signed : C. H. Bann Signed :

Anthony Holmes Sanior Planning Officer Sanior Planning Officer

Signed : Michael Gallagher Signed :

Jennifer Chance

Director of Planning and Building Control Development Control Manager

Director of Planning and Building Control Development Control Manager

8 November 2012

8 November 2012