Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Applicant: Mr And Mrs Philip Corkill Proposal Alterations and extensions to form tourist accommodation Site Address Lookout Post At Cronk Y Cliwe Adj To Ballagarraghyn Coast Road Jurby Isle Of Man Case Officer : Vanessa Porter Photo Taken: 11.04.2024 Site Visit: 11.04.2024 Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 10.01.2025

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• C 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• C 4. Between April and September (inclusive), no person(s) shall occupy or use the accommodation for a single period or cumulative periods exceeding 28 days during those months.

• Reason: To ensure that the development is only used and occupied as short-let holiday accommodation during the holiday season.
• C 5. No development shall be commenced until an ecological management plan has been approved in writing by the Department. Such a scheme must be in accordance with the matters raised within the PEA, dated received 2nd October 2024. The works shall be carried out in accordance with the approved details and retained thereafter. Reason: To protect the surrounding biodiverse grassland and ecology.
• C 6. No external lighting shall be installed unless a low level lighting plan has been submitted in writing to the Department for approval and such details shall be fully adhered to and retained thereafter. Reason: In the interests of visual amenities

This application has been recommended for approval for the following reason. The proposal is considered not to have any significant adverse impacts upon public or private amenities and therefore would accord with Environment Policies 1 and 2, General Policy 3, the principle of Housing Policy 11, Business Policy 11, 12 & 13 and Environment Policy 16 of the Isle of Man Strategic Plan 2016 and will enable the continued existence and renovation of a feature of historical interest to the Island.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 22nd March 2024;

• o Drawing No. SM24/607/1
• o Drawing No. SM24/607/2
• o Drawing No. SM24/607/3
• o Drawing No. SM24/607/4
• o Drawing No. SM24/607/5
• o Drawing No. SM24/607/6
• o Planning Statement
• o Application Form

This decision also relates to the following plans and drawings; Covering Letter with appendix's, date stamped received 2nd October 2024 Structural Inspection report, date stamped received 2nd January 2025

_______________________________________________________________ Interested Person Status

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

Ponderosa, as they do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.

________________________________________________________________ Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT MAY BE CONSIDERED TO BE CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL

THE SITE

1.1 The application site is a parcel of land with a historic Lookout Post, situated upon it which is located to the North of Coast Road, Jurby and is part of the wider holding of Ballagarraghyn Farm. - 1.2 The lookout post is accessed via a track of the Coast Road which is also used for the motocross site which is to the South West of the site. - 1.3 The structure is currently a two storey square block with a metal lookout tower above and a structure to the west which is several blocks high, the structure does not have any windows nor doors and is a bare shell. THE PROPOSAL

2.2 The application seeks approval for the extension and alteration of the existing lookout post and change of use to tourist unit with out of season residential use. The extensions to the lookout post will be situated to the North, East, South with the alterations to the interior of the site. - 2.3 All the extensions are to be single storey, with there being a balcony situated to the North of the site. The proposal will create a two bedroomed property with open plan kitchen/living. PLANNING HISTORY

3.1 With regards to the site specifically, the following applications; PA84/00410/A - Use of barren scrubland for autocross/motorsport events, Permitted PA06/01718/C - Use of scrubland to host six additional motocross events, Permitted PA08/00863/C - Change of use to host an additional six motocross events on a permanent basis, Permitted - 3.2 The below are applications which are relevant to the consideration of the current application and are for structures similar which have been converted. PA97/00566/C - Conversion of building to dwelling, Approved at Appeal PA20/01058/B - Conversion of discussed bunker to a residential unit (class 3.3) and works to existing outbuilding, Permitted PA24/00493/B - Conversion, alteration and extension of Chain Home Rader Bunker to create a dwelling, Permitted. PLANNING POLICY

4.1 The site lies within an area zoned as "Not for Development" and an "Area of High Landscape or Coastal Value and Scenic Significance," on the 1982 Development Plan, North Map. The site is not situated within a Conservation Area nor a Flood Risk Zone. - 4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application: Strategic Policy 2 Priority for new development to identified towns and villages 4(b) Protection of built heritage and landscape conservation 5 Design and visual impact 8 Tourist must make use of existing built fabric

• 10 Sustainable transport

Spatial Policy

• 4 Remaining villages
• 5 Building in defined settlements or GP3 General Policy

• 2 General Development Considerations

• 3 Exceptions to development in the countryside Environment Policy

• 1 Protection of the countryside
• 2 Protection of AHLV's

• 4 Wildlife and Nature Conservation 16 Conversion of rural buildings into tourist

Housing Policy

• 4b New Housing in the Countryside

• 11 Conversion of rural buildings to dwellings 16 Extension of non-traditional dwellings Business Policy

• 11 Rural tourism in connection with Environment Policy 16
• 12 Redundant buildings for tourist in connection with Housing Policy 11
• 13 Tourist must not impact neighbouring residents

Transport Policy 4 Highway safety

• 7 Parking provisions

4.3 Other material considerations are Planning Circular 3/91 - Guide to the residential development in the countryside and the Residential Design Guide (2021) REPRESENTATIONS

5.1 Highway Services have considered the proposal and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, as the existing access and visibility, and internal access track, is acceptable for the relatively small nature of the proposals." (08.04.24) - 5.2 No comments have been provided by Jurby Commissioners at the time of writing this report. (10.01.25) - 5.3 DEFA Ecology initially objected to the proposal (24.04.24) and have withdrawn their objection in favour of no objection subject to conditions (25.10.24). DEFA Ecology state the following regarding potential conditions, "Require an ecological management plan, to cover the matters raised within the PEA, and specifically, protection of the gallic health and biodiverse grassland areas during development by appropriate temporary demarcation fencing, the removal of imported materials stored on site that prevent natural habitat re-establishment, and site habitat management covering the removal of Wildlife Act schedule 8 non-native invasive plants and management of encroaching scrub. A check for nesting birds is necessary prior to works." - 5.4 The Owner/Occupier of "Ponderosa," have written in to state that they do not object but have concerns as there is currently a motocross tract and they are worried about tourist bringing their own bikes to the site and the amount of noise this would bring. (7.04.24) ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are;

• - principle of proposal
• - housing Policy 11
• - highway safety
• - impact upon the countryside
• - residential amenities for future occupants
• - neighbouring amenity

- 6.2 PRINCIPLE OF PROPOSAL

• 6.2.1 The starting point for any application is the land use designation, which for this site is land not zoned for development, with the site sitting within a very rural area and an area of High Landscape value. As General Policy 3 would be applicable in this instance. The proposal to convert and extend the structure for tourist and out of season residential would broadly fit within section b), "for the conversion of redundant rural buildings which are of architectural, historical or social value and interest."
• 6.2.2 Further to the above land use designation and in relation to the proposed tourist use, there is an underlying element to the Strategic Plan Policies which are relevant to the conversion of rural buildings to tourist use which must be taken into account. The proposal would be introducing a new element to the structure merely for the repurpose of an existing rural structure and extending to create one unit of tourist accommodation. As such, General policy 3b allows for the conversion of rural buildings in the countryside, taking note of their aesthetic value and Business Policy 11 allows for "development" in the countryside for tourism subject to meeting the conversion tests of Environment Policy 16.
• 6.2.3 There is the expectation that the structures should be redundant. Business policy 12 provides that permission will generally be given for the conversion of "redundant buildings" in the countryside to tourist use, subject to compliance with paragraph 8.10, Housing Policy 11 and Environment Policy 16 of the Strategic Plan. Business Policy 14 provides that tourism development may be permitted in rural areas, but requires compliance with other Strategic Policies, including specific cross reference to Business Policy 12, and through that policy to Housing Policy 11. As a result, whilst Housing Policy 11 relates to conversions into dwellings, by virtue of Business Policy 12 it also applies to conversions to tourist use.
• 6.2.4 With the above in mind, taking the key elements of Housing Policy 11 as the fundamental basis for this application, as assessed below.

- 6.3 HOUSING POLICY 11

• 6.3.1 Housing Policy 11 has seven parts of which part a, states that the structure must be redundant from its previous use. The structure was originally built by the Ministry of Defence for use as a lookout tower during the war. The information provided as part of the application states that the lookout tower was handed over to the family at Ballagarraghyn Farm in the 1990's and has not been used for any purpose since. During the officers site visit it could clearly be seen that the structure hadn't been used for a very long time. As such on the basis of the information provided and the site visit undertaken, it is deemed that the proposal would comply with part a) of Housing Policy 11.
• 6.3.2 Turning to part b) of Housing Policy 11 and whether the structure is substantially intact and capable of renovation. After requesting clarification on this point, a structural report was received which states, "The building currently has no significant structural defects visible within existing construction considered substantial due to its location and previous use. The building is in a safe stable condition except for the decaying external steel first floor support brackets which are redundant in the proposed scheme. The defects that were found are minor and quite normal for a building of this age. The building is considered to be structurally suitable for renovation as a habitable dwelling and for the proposed amendments and additions."
• 6.3.3 As such with this in mind, the information provided, and the officers site visit it is noted that the proposal would comply with part b) of Housing Policy 11.
• 6.3.4 When looking at whether the proposal complies with part c) of Housing Policy 11, on whether "the building is of architectural, historic or social interest," whilst there is not a lot of information regarding when the proposed structure was used or to what extent the structure was used. It is necessary to note that whilst the structure itself is not significant from an architectural standpoint, it is a purely functional building which was to meet a specific need,

• with the overall design and lookout tower metalwork being unusual and unique on the Island. It is understood from the information provided that the structure would have a historic interest appertaining to its use during the Second World War, as such noting the above the structure would comply with part c) of Housing Policy 11.
• 6.3.5 Turning towards part d) of Housing Policy 11, which requires that the structure should be large enough to form a satisfactory dwelling, it should noted that when assessing part d), it does state "or with modest, subordinate extension which does not affect adversely the character or interest of the building," which is then followed by "Further extension of converted rural buildings will not usually be permitted, since this would lead to loss of reduction of the original interest and character," further down the policy.
• 6.3.6 Whilst there is currently policies and guidance within the Isle of Man system for the extension of traditional properties within the countryside, there is nothing for the extension of structures such as the lookout tower. Noting the existing size of the structure, there is no doubt that the existing site is small in stature and wouldn't be big enough to sustainably accommodate a property, with the existing sqm being 16.8sqm. The proposed extensions measure 45.61sqm with the partly built structure measuring 8.12sqm. This is a total increase of 271%.
• 6.3.7 When looking at the proposal with the proposed extensions in mind, the proposed materials, height and size of the structures as been designed to assist in the lookout tower being the main attraction within the site. Whilst the extensions cannot be called modest due to the overall percentage increase to the existing, due to the single storey nature of the proposal and the materials that have been chosen means that the proposed extensions will appear subordinate. As such whilst the proposal would not completely comply with part d) of Housing Policy 11, it will comply with the overall principle of part d).
• 6.3.8 Turning towards whether the proposal would comply with part e) of Housing Policy 11. The proposed conversion of the site would not be considered incompatible with the adjoining established use of the motocross track, with the likelihood that tourists and residents would be provided with this information prior to going to the site/ the motocross track would be used in conjunction with the proposed tourist use of the site. Therefore, there is no reason to assume the proposed tourist and residential use (out of season) would be incompatible with adjacent uses; although the additional comings and goings associated with its proposed use would be more impacting that the current redundant use.
• 6.3.9 With regards to part f) of Housing Policy 11 and whether the proposal supplies satisfactory services within unreasonable public expensive. Further information regarding the services available to the site were requested, to which the agent on behalf of the application have stated that the site would benefit from an underground electricity supply. Foul Drainage will be collected by a new Klargester Bio Disc and surface water will be drained into a new soakaway nearby. Whilst telecommunications haven't been mentioned within the application, there are several options available on Island which do not use the traditional landline as such there are no issues on this point.
• 6.3.10 It is noted that due to the site constraints with regards to the existing ecology on site a

6m by 6m hard surfaced off road parking area has been proposed adjacent to the existing solid surfaced track, which would consist of a poluthene cedargravel base infilled with gravel or beach shingle.

• 6.3.11 Lastly with regards to Housing Policy 11, which requires that conversions should: 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.

• 6.3.12 The proposal proposes to extend the existing structure with single storey extensions of varying sizes and materials, with all the proposed windows being dark grey uPVC. The proposed cladding on the clad extensions is going to be dark grey/black cladding. Whilst it's uncertain from the plans whether the proposed roof will be natural slates or a standing seam roof, both in this instance would be acceptable. Overall the proposed extensions which are clad will be modern in appearance and provide a good contrast to the existing structure which is the most important part of the site.
• 6.3.13 It is necessary to note that the existing structure can be seen from the public vantage point of the Coast Road, whilst this is only fleeting due to the speed of the road and the existing grey colour, it is likely that once completed with the main structure being white that it will stand out more within the overall countryside. Whilst this is the case, over time, the likelihood of there being an impact upon the countryside from such a change to the site would be minimal. To limit any possible spread of residential paraphernalia which would impact the countryside due to the rural location of the site, a condition removing Permitted Development should be added.
• 6.3.14 With the above in mind, it is considered that the overall principle of the extensions are deemed acceptable. HIGHWAY SAFETY

• 6.4.1 Overall, the proposal doesn't raise any objections from Highway Services, whilst the entrance to the site is rural in appearance and stature, most vehicles of tourist or residents would be able to traverse the terrain. The proposal will also provide two car parking spaces as per Transport Policy 7 of the Isle of Man Strategic Plan.

6.5 IMPACT UPON THE COUNTRYSIDE

• 6.5.1 When assessing whether there would be an impact upon the countryside as per Environment Policy 1 and Housing Policy 11, it is noted that the proposal would retain the existing built fabric, which will ensure that there is retention of the Islands built heritage and ultimately will improve the appearance of the surrounding countryside.

6.6 RESIDENTIAL AMENITIES FOR FUTURE OCCUPANTS

• 6.6.1 The internal accommodation of the proposed dwelling to the ground floor level consists of an open plan living room/kitchen, two separated bedrooms, a WC and a bathroom, with the lookout tower and the proposed balcony to first floor level. It is considered that the internal accommodation would be an acceptable size, and all primary rooms would have an adequate level of outlook and light.

6.7 NEIGHBOURING AMENITY

• 6.7.1 The site sits remote on the landscape, with it being a considerable distance to the nearest neighbours, as such there are no immediate neighbours that are considered to be impacted by the proposed development. CONCLUSION

7.1 Overall, whilst the proposal doesn't fully comply with Housing Policy 11 due to the size of the proposed extensions, the proposal would comply with the underlining principles of Housing Policy 11. - 7.2 As such as the proposal is considered not to have any significant adverse impacts upon public or private amenities and therefore would accord with Environment Policies 1 and 2, General Policy 3, the principle of Housing Policy 11, Business Policy 11, 12 & 13 and Environment Policy 16 of the Isle of Man Strategic Plan 2016 and will enable the continued existence and renovation of a feature of historical interest to the Island. - 7.3 As such the application is recommended for an approval.

INTERESTED PERSON STATUS

8.1 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 con-siders material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department consid-ers 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 authori-ty has made written representations that the Department considers material. 8.2 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

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 : Permitted Committee Meeting Date: 27.01.2025 Signed : V PORTER 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.

PLANNING COMMITTEE DECISION 27.01.2025

Application No. : 24/00318/B Applicant : Mr And Mrs Philip Corkill Proposal : Alterations and extensions to form tourist accommodation Site Address : Lookout Post At Cronk Y Cliwe Adj To

Ballagarraghyn Coast Road Jurby Isle Of Man Planning Officer : Vanessa Porter Presenting Officer As above Addendum to the Officer’s Report

The Case Officer requested to amend the recommendation by the removal of the Boiler Ban note, which was no longer relevant. The Members agreed to the removal.