Officer Report

Applicant: Dawn Worthington Proposal Conversion of existing garage office to tourist accommodation (Class 3.6), including new sewer treatment works, external decking and carport Site Address Lambfell Beg Cronk Y Voddy St Johns Isle Of Man IM4 3NS Case Officer : Lucy Kinrade Site Visit: Expected Decision Level Planning Committee Recommended Decision: Refused Date of Recommendation 04.11.2024

Conditions and Notes for Approval R: Reasons

• R 1. The existing building is not of any historic, social or architectural interest nor of any fabric of visual attraction, interest or quality to warrant its conversion failing Environment Policy 16 (b), Housing Policy 11 (c), Strategic Policy 8 and Business Policies 11, 12 and 14 of the Isle of Man Strategic Plan 2016.of the Isle of Man Strategic Plan 2016.
• R 2. Although meeting some objectives of the 'Our Island Our Future Visitor Economy Strategy', the tourist proposal in this specific case is not considered to be of size or scale significantly contributing to the Island's economy nor of such significant overriding national need as to outweigh Environment Policies 1 and 2 of the Isle of Man Strategic Plan 2016.
• R 3. The associated physical development works including the decking and screening, rooflights, solar panels and car port would result in an over-domestication of the garage and increasing its visual massing within the site having an adverse visual impact on the garage, with the physical works changing the character of the garage and the anticipated tourist coming and goings impact on the overall character of the surrounding countryside area contrary to Environment Policies 1 and 2, Environment Policy 16 and Business Policies 11, 12 and 14 of the Isle of Man Strategic Plan 2016.
• R 4. The proposal would undermine established policies of the Strategic Plan which indicate a presumption against the creation of new habitable units in the countryside. The proposal would therefore be contrary to Strategic Policies 2 and 8, Spatial Policy 5 and General Policy 3 of the Strategic Plan 2016.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions these do not relate to planning considerations:

• Department for Enterprise Visit Isle of Man ________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE COMMITTEE AT THE REQUEST OF A PRINCIPAL PLANNING OFFICER IN ACCORDANCE WITH 2(1)(J) OF THE PLANNING COMMITTEE STANDING ORDERS 2023_02.

1.0 THE SITE - 1.1 The application site relates to a detached garage belonging to 'Lambfell Beg', a property sitting on the eastern side of Creg Willeys Hill heading north out of Glen Helen and towards Cronk y Voddy straight. - 1.2 The garage currently sits along the driveway adjacent to the house. It provides a double garage, and to one end nearest the field an office/study with mezzanine floor above. PROPOSAL

2.1 The proposal seeks o additional use of the office/study part of the detached garage for tourist use (use class - 3.6)

• o installation of new sewage treatment works to serve the new tourist unit
• o erection of car port to side of garage
• o installation of decking around the proposed tourist unit.
• o Installation of two roof lights
• o Installation of PV panels PLANNING HISTORY

3.1 The site is currently subject to the following two applications

• PA 24/90981/B - installation of wind turbine and poly tunnel o PA 24/00704/B - for the erection of 2 x temporary storage containers (retrospective) for two years.

3.2 The wider site has also been subject to a number of applications relating to works to the main house and access works as listed in 3.3 below. Most relevant in this particular case is:

• o 08/01049/B - for the erection of a garage and study to replace existing stable block Approved subject to conditions:
• o C3. The approved garage with study shall remain ancillary to the use and enjoyment of the property Lambfell Beg as shown on the Location Plan submitted and date stamped 23rd May 2008.
• o C4. The garage and study hereby permitted may be used only for office purposes by persons residing at the property Lambfell Beg.

• 3.2.1 The office report for 08/01049/B set the overall garage/study structure measuring approx. 12m x 7m and 5m to ridge. At the time of application the applicants expressed a need for a home office space to allow working from home but due to limited space within the main house that it had to be within the garage. The officer report assessing the application outlined that the proposed garage/study was to replace an existing stables building which was within the oblong residential curtilage and where there was an existing parking area and an access route south onto the A3. They also identified the field adjacent to the curtilage and site which was also in ownership of the applicant.

• 3.2.2 The officer report highlighted Business Policy 7 directing office development to existing town centres and that there was no policy support for detached home office space. They recognised that permitted development set provision for working from home without any staff or day to day callers but this was generally expected to take place within an existing residential property and did not imply that new buildings should be constructed to accommodate the use.
• 3.2.3 Notwithstanding this the officer made an exception on the basis that there was a level of acceptability for garaging for domestic dwellings in the countryside provided they were of appropriate design and size which this was considered acceptable, while the inclusion of the office/study resulted in a building larger than strictly necessary, on the basis of the building replacing the existing stable building and providing a home office which could not be accommodated within the dwelling that the proposal was considered acceptable also taking into account the proposal not being dissimilar to a triple garage in terms of its size and impact. It was subject to a number of conditions including its use in association with 'Lambfell Beg' only and only for garaging and office purposes by persons residing at 'Lambfell Beg'.

3.3 Other planning history:

• o 02/02100/B -erection of front porch, dormers to rear elevation and alterations to vehicular access REFUSED
• o 02/00266/B -extensions to dwelling, erection of stables and creation of replacement vehicular access REFUSED
• o 02/01334/B - erection of kitchen extension and replacement porch, alterations to vehicular access and erection of stables - SPLIT DECISION; Extension and stables approved.
• o 03/00593/B - erection of a front porch and two rear dormers - APPROVED
• o 08/01049/B - erection of a garage and study to replace existing stable block APPROVED subject to conditions
• o 08/00496/B - first floor extension to side elevation - Approved

PLANNING POLICY

4.1 The application site is not designated for development on the 1982 Development Plan and is within an Area of High Landscape or Coastal Value and Scenic Significance. Primary overhead high tension lines run west of the site. The site is not within a Conservation Area and is not recognised as being at any risk of flooding.

4.2 Relevant policies of Strategic Plan.

• o Strategic Policy 2 - Only in countryside if in accordance with 6.3 (GP3)
• o Strategic Policy 4 - protect and enhance landscape and nature conservation value
• o Strategic Policy 5 - new development (including individual buildings) should be designed so as to make a positive contribution to the environment (and in some cases a Design Statement will be required)
• o Spatial Policy 5 - development only permitted in countryside if in accordance with GP3.
• o Strategic Policy 8 - tourist proposes to make best use of existing built fabric of interest and quality and do not affect environment, agricultural or highway interests.
• o General Policy 2 - general standards towards acceptable development
• o General Policy 3 - sets out exceptions to development in the countryside
• o Paragraphs 7.4.1 and 7.5.1 - Landscape and open countryside protection
• o Environment Policies 1 and 2 - seek to protect the countryside for its own sake and from harmful and unwarranted development
• o Paragraph 7.6.1 - Landscape assessment and classification
• o Paragraphs in Section 7.13 - protection of agricultural land
• o Paragraph 7.13.2 - diversifications of farms and farm buildings
• o Environment Policy 16 - criteria for use of existing rural buildings for new purposes such as tourist
• o Paragraphs under 8.10 - conversion of rural buildings to dwellings
• o Housing Policy 11 - criteria for conversion of existing rural buildings to dwellings

• o Business Policy11 - Conversion of rural building to tourist use
• o Business Policy 12 - conversion of redundant buildings in the countryside to tourist
• o Business Policy 14 - Tourist development in rural areas
• o Transport Policies 4 and 7 - parking and highway safety

4.3 Reference any relevant PPS or NPD

• 4.3.1 n/a
• 5.0 OTHER MATERIAL CONSIDERATIONS

5.1 Legislation - n/a 5.2 Policy/Strategy/Guidance

• o Visitor Economy Strategy 2022-2032

• 5.2.1 This sets out objectives for visitor accommodation and seeks the development of 500 new and transformed hotel and serviced accommodation bedrooms and 500 new units of distinctive, contemporary eco-friendly, non-services accommodation.

• 'Policy on the Development of Non-serviced Accommodation', dated March 2019

• 5.2.2 This policy was adopted by the Department for Enterprise in order "to shape a future development strategy for the sector, help inform planning policy and to guide the Department as to what support mechanisms may be required to maximise the potential benefits of an expansion on non-service accommodation in the Island." This document is helpful in outlining what type of tourist accommodation the Isle of Man is looking for and states that the focus for the future "will be on the types of non-service accommodation identified as being in shortage within the study, namely;

• 8.2.1 developments of multiple units;
• 8.2.2 those that cater for families;
• 8.2.3 those that cater for individuals with disabilities
• 8.2.4 proposals which incorporate leisure and entertainment facilities;
• 8.2.5 high quality, luxury, boutique developments;
• 8.2.6 clusters or separate small scale units which complement existing tourist activities or leisure facilities;
• 8.2.7 glamping units and
• 8.2.8 those catering for group experiences."

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

6.1 German Parish Commissioners - no objection but the containers need to be removed from the drawings (30/09/2024). - 6.2 DOI Highway Services - Do not oppose - no significant negative impact upon highway safety, network functionality and/or parking as the development is relatively small and the vehicular access has suitable visibility exiting the site onto the A3 (11/03/2024 and ¬12/08/2024).

6.3 Visit Isle of Man - in support (01/10/2024 - letter dated 27/09/2024) The "Our Island Our Future Visitor Economy Strategy 2022-2032," endorsed by Tynwald in May 2022, aims to develop 500 new hotel and serviced accommodation bedrooms and 500 eco-friendly nonserviced units over the next decade. The strategy highlights the need to improve visitor accommodation quality to compete with other destinations and targets four key markets: 'Traditional Traveller,' 'Curious Explorers,' 'Experience Seekers,' and 'Family Adventurers.' A new 1-bedroom self-catering unit aligns with these goals, their supporting statement states that it will offer access to nature, star gazing, and walking routes and this aligns with the product development programmes in the strategy. The development seeks to enhance the visitor

experience with high-quality offerings, and Visit Agency Officers express no objections to the proposal, supporting the Island's long-term competitiveness and adding to the growth of the key tourist markets.

6.4 Ecosystems Policy - submitted comments on the original application 22/03/2024 which included a turbine and raised objections in respect of the turbine and impact on bats. The turbine element was subsequently removed from this application and applied for separately under 24/90981/B where ecosystem confirmed they were happy with new location and impact. - 6.5 No comments received from neighbouring properties.

ASSESSMENT

7.1 The key matters to consider in the assessment of this application are

• i. Planning history
• ii. Applicants need
• iii. Principle
• iv. DFE Visit Isle of Man Comments
• v. Visual appearance and character impact
• vi. Environmental impact
• vii. Neighbouring amenity impact
• viii. Highway Safety
• ix. Planning Balance

7.2 Planning History

• 7.2.1 In 2008, approval was granted for a garage and home office measuring 12m x 7m and 5m high, replacing an existing stable on the property. The proposal addressed the applicants' need for office workspace due to limited room in their home. Despite policy restrictions on detached home offices, an exception was made, on the basis of the garage replacing the stables, being similar to a triple garage design and being for private use only. Conditions were imposed, restricting its use to the residents of the property for garaging and homeoffice purposes only.

7.3 Applicants Need

• 7.3.1 The applicant indicates a personal need for the proposal on the basis that they suffer Inflammatory Bowel Disease (IBD) which prevents them from leaving home for work and the proposal to convert the office/study to a tourist unit would allow them to provide an income without the need to leave home. In their supporting statement site they state that the site has an appealing location ideal for local road racing events and is surrounded by tourist accommodation such as Glen Helen Glamping pods and Cronk Bane Farm Cottages which are provided within converted Manx stone barns. The applicant recognises that the previous owner had the garage and office/study granted on exceptional circumstances but that it is a space not fully utilised and redundant to them and has more potential for providing much needed tourist accommodation. They indicate that the unit is to be provided with its own decked area and with PV panels and wind turbine (separate application) to be installed to meet power requirements.

7.4 Principle

• 7.4.1 IOM Strategic Plan policy states that the conversion of rural buildings into tourist use are to be considered against Environment Policy 16, and any conversion into residential against Housing Policy 11. In both cases these policies set out specific development criteria to be considered acceptable and EP 16 specifically states changes to existing rural buildings into tourist use may be permitted subject to six criteria:

• 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.

• 7.4.2 In this case looking to the criteria of EP16 and how this proposal seeks to meet those parts:

• a) Aerial images show the garage/study constructed sometime in 2012. It appears structurally intact and capable of renovation. However, question is raised about need for the study, it was approved on an exception to allow the applicant to work from home, and the applicant now also expresses a need to work from home but having the space as a tourist unit rather than as a home office/study.
• b) The existing building mimics a typical domestic garage, its design, form and appearance is not of any historic, social or architectural interest nor of any other visual attraction. Its reuse would not preserve fabric worthy of retention.
• c) The internal space could accommodate the use as shown on the floor plan without extension or alteration however the works seeks to include the creation of new large decking area with screening, roof-lights, solar panels and a car port. While the latter car port has limited visual impact and appears an extension to the primary use as a garage, and roof lights and solar panels can be added under Permitted Development, the creation of the deck area result an over domestication of the garage structure and adversely changing its appearance and character within the site.
• d) The proposal would result in an increase in traffic at the site although the existing access appears capable of accommodating the increase and with sufficient area to accommodate any increase in parked vehicles without any unacceptable harm to overall highway safety.
• e) There are existing approved tourist units within the area. The proposal is for a single unit for up to 2 persons. The size and scale of the proposal is not expected to impact on vitality or viability of nearby towns or village services.
• f) This part of the policy reflects more so a typical rural farm building in agricultural use being significantly redeveloped rather than conversion of an existing domestic garage/study in private use. The proposed use is small scale and does not benefit or contribute to rural economy. It would have a personal benefit the applicant offering a potential source of income to them, but this personal benefit is not considered to outweigh the impacts of the proposal as set out in a, b and c above in this case.

• 7.4.3 In addition to the above, Strategic Policy 8 (StP8) reaffirms that tourist proposals are to be general permitted where they make use of existing built fabric of interest and quality, this proposal does not do this and so fails StP8.
• 7.4.4 Business Policies 11, 12 and 14 also support tourist uses but only if they comply with Housing Policy 11 and Environment Policy 16, and do not undermine other policies within the Strategic Plan such as EP1 and EP2 and those spatial policies directing development to existing sustainable settlement. The proposal in this case undermines key parts of EP16 as well as those parts of HP11 in not being a building of any interest or quality warranting its conversion to a separate tourist unit, redundancy of its original use is questioned and with culmination of the physical works particularly decking and screening results in an unacceptable overdomestication of the garage.
• 7.4.5 Countryside is defined to comprise all land which is outside the settlements identified in Appendix 3 of the Strategic Plan, and which is not designated for development in an area Plan.

• The site in this case is in the countryside in accordance with this definition and the 1982 Development Plan also shows it to be within an AHLV. Environment Policy 2 of the Strategic Plan provides that, within such areas, the protection of the character of the landscape will be the most important consideration. Business Policy 11 of the Strategic Plan states that 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 and Environment Policy 1 of the Strategic Plan indicates that development which would adversely affect the countryside will not be permitted, unless it would serve an overriding national need.
• 7.4.6 The physical works are considered to result in an adverse change to the appearance and character of the building as a garage. The impact on overall character of the site and area is further eroded by the creation of a new self-contained unit which would be tantamount to the creation of a separate dwelling in an unsustainable location outside of any settlement. The location of garage being away from the main house and separated by existing landscaping and vegetation and with two existing access points and separate parking areas meaning that the over domesticated garage looking, appearing and being occupied akin to a separate dwelling. This level of incremental development and one which effectively forms a separate unit of residential accommodation undermining those policies seeking to protect the countryside contrary to EP1, EP2 and BP11 and where the Strategic Plan seeks to directing new residential development to sustainable identified settlements.

7.5 DfE Visit Isle of Man Comments

• 7.5.1 Looking to the 'Policy on the Development of Non-serviced Accommodation', dated March 2019 this outlines what type of tourist accommodation the Isle of Man is looking for in order "to shape a future development strategy for the sector, help inform planning policy and to guide the Department as to what support mechanisms may be required to maximise the potential benefits of an expansion on non-service accommodation in the Island." This criteria sought developments of multiple units, catering for families, catering for individuals with disabilities, proposals which incorporate leisure and entertainment facilities, high quality, luxury, boutique developments, clusters or separate small scale units which complement existing tourist activities or leisure facilities, glamping units or those catering for group experiences.

• 7.5.2 Subsequent strategy outlines objectives to increase visitor units by 500 and these needing to be 500 new units of distinctive, contemporary, eco-friendly non-serviced accommodation. The Department for Enterprise Visit Isle of Man have confirmed the proposal does not create a large number of tourist accommodation being only for a 1 bedroomed unit, the applicant has advised the site would be prime for stargazing and a number of walking routes can be access from areas close by with walking one of the Product Development Programmes noted in the strategy and therefore the unit albeit small scale contributes to the objectives of the 'Our Island Our Future Visitor Economy Strategy' and is to be supported on this basis.

7.6 Visual Appearance and Character Impact

• 7.6.1 The physical changes to the garage particularly the decking, coupled with the culmination of the other works result in a visual over domestication of the structure as a separate unit of living accommodation and increasing its visual massing. The culmination of works and nature of occupancy being separate from the dwelling and for separate use would inevitably result in increased activity and traffic, while highway safety is not an issue addressed in subsequent paragraphs, the intensity of use may be seen to change the character of this countryside location. The works for the separate sewerage treatment tank are expected to be underground and so not expected to impact visually or on wide AHLV character.

7.7 Environmental impact

• 7.7.1 In terms of wider environmental impact the proposal adversely alters the wider character of the rural area as set out above. The works are to an existing building and not expected in this case to result in any wider harm to habitat or vegetation noting the wind

• turbine now being omitted and subject to separate application and DEFA Ecosystems comments no longer valid to this application. While the proposal seeks to include methods for reducing energy demand these are not indicating as being for sole use or purpose of the tourist unit. These wider renewable energy benefits to the site are not considered sufficient to outweigh the aforementioned concerns for the creation of the new tourist unit.
• 7.8 Neighbouring amenity impact

• 7.8.1 The proposal is considered sufficient distance from any neighbours to prevent any adverse harm to neighbouring living conditions.

7.9 Highway Safety

• 7.9.1 Aforementioned the site already has an existing access and driveway areas capable of accommodating increased traffic and parking at the site as a result of the proposal and without any expected harm to the local highway network or safety of the area beyond the existing access use.

7.10 Planning Balance

• 7.10.1 The planning history for the site already demonstrates an exception being made for the existing garage and study for home working purposes only in association with the main house. The proposal now for conversion of part of the garage to new tourist use would fail to meet those keys tests of Environment Policy 16 in not being an existing building of any architectural, social or historic interest and Strategic Policy 8 in not being any fabric of any interest or quality warranting conversion. The inclusion of the physical development works culminate in an over domestication of the garage building eroding its appearance and character as a subservient garage adversely impacting the overall character of the site and surrounding rural area, resulting in the garage becoming visually alike and occupied akin to a separate dwelling.

• 7.10.2 A separate tourist use would have additional comings and goings by people not associated with the main dwelling, and it may be hard to resist the accommodation being rented out for longer term lets, which is effectively a separate unit of residential accommodation - a new dwelling. The arrangement of the garage away from the main house also being easily capable of separation and subdivision in the future. The overarching strategic and spatial policies in the Strategic Plan aim to provide for a sustainable island by directing all new development including residential development to existing town centres and within existing settlements. Proposals for new tourist/residential accommodation within newly built garages in the countryside is neither sustainable nor development supported by policies and would undermine those established policies of the Strategic Plan.
• 7.10.3 While support is given by DfE Visit Isle of Man for creation of a single unit complementing walking activities in the area, the small scale nature of the proposal is likely to have greater personal and financial benefit to the applicant more so that then wider economy, and is not considered of significant overriding national need as to warrant settling aside those policies in the protection of the countryside.

- 8.0 CONCLUSION

8.1 On balance, it is considered that the existing garage study/office building is not of sufficient quality or interest to warrant retention and re-use and the associated physical development works including the decking and screening, roof-lights, solar panels and car port would result in an over-domestication of the garage and increasing its visual massing having an adverse visual impact on overall character of the building and surrounding rural area. The increased intensification of use of the site also altering the character of the rural area. For these reasons the application is considered to be contrary to Strategic Policy 8, Environment Policies 1, 2, and 16 and Business Policies 11, 12 and 14 of the Isle of Man Strategic Plan 2016. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 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 above who should be given Interested Person Status

9.3 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 the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : …Pending Decision……….... Committee Meeting Date:…11.11.2024

Signed :…………L KINRADE…………….. Presenting Officer

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

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

Application No Applicant Proposal

Site Address

PLANNING COMMITTEE DECISION 11.11.2024

24/00211/C Dawn Worthington Conversion of existing garage office to tourist accommodation (Class 3.6), including new sewer treatment works, external decking and carport Lambfell Beg Cronk Y Voddy St Johns Isle Of Man IM4 3NS

Planning Officer Presenting Officer

Lucy Kinrade As above

Addendum to the Officer Report Planning Committee members voted 4 to 2 to overturn the recommendation of the case officer. The members reason for approving the application: Despite those policies against development in the countryside and those policies setting out the criteria for conversion of rural buildings to create tourist units, given the small and ancillary scale of the proposed unit being 1 bedroom it was considered to have limited harm and meeting the DfE Visitor Economy Strategy and conditions would ensure its use for tourism only, connection with the main house and not being separate or sold separately and with details of parking and lighting to be provided. Suitably worded conditions to be added in respect of: C1. Standard 4 year C2. Tying the tourist unit to the main house and not to be sold or rented separately as individual dwelling C3. Tourist use not to be for any longer than 31 consecutive days. C4. Details of parking for the site and proposed unit to be provided C5. Details of lighting for the site to be provided

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