DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00466/B Applicant: Mr Sam Colburn Proposal: Renovation of cottage and outbuilding to include alterations to window/door openings, creation of a detached garage/store, erection of wall for privacy and new vehicular access with associated driveway and parking area Site Address: The Barn Bollyn Road Ballaugh Isle Of Man IM7 5AY Planning Officer: Paul Visigah Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 21.08.2024

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, including the installation or replacement of any windows or doors, hereby approved, other than that expressly authorised by this approval, shall be carried out.

Reason: In the interests of the character and appearance of the development and to ensure that the finished appearance of the development will enhance the character and visual amenities of the area.

• C 3. The development hereby approved shall not be brought into use until the access, visibility, vehicular and pedestrian access and all parking and turning areas, have been provided and surfaced in accordance with the details shown on the approved plans (Drawing Nos. 02P and

04P). Once provided, all access, parking and turning areas shall thereafter be permanently retained as such.

Reason: To ensure the provision of a means of access, parking and turning space to an adequate standard in the interests of road safety.

• C 4. Within 3 months of the new access coming into use the existing access to the site shall be closed up in full accordance with drawing number 04P, and retained as such thereafter. Reason: The application has been assessed on this basis and in the interest of highway safety.
• C 5. Prior to the installation of external finishes and materials, a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, shall be submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and retained thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 6. 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 garages or other free standing buildings shall be erected or enclosure, container for domestic heating purposes for storage of oil of liquid petroleum gas, or the erection of a gate, fence, wall or other means of enclosure, within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval.

Reason: In the interests of the character and appearance of the development and to ensure that the finished appearance of the development will enhance the character and visual amenities of the area.

N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

This application has been recommended for approval for the following reason.

Overall, the proposal is considered to accord with General Policy 3, Housing Policy 11, Environment Policies 1 and 2, Transport Policies 4 and 7, and General Policy 2 the IOM Strategic Plan. No unacceptable adverse impact has been identified as likely with respect of the character and appearance of the existing building and surrounding landscape, the residential amenity of the neighbouring property or on parking and highway safety.

Plans/Drawings/Information; Plans and Drawings: This approval relates to the following plans and documents:

• Drg 01P Location + Site Plan as Existing
• Drg 02P Proposed Site Plan
• Drg 03P Existing Plans, Elevations + Sections
• Drg 04P Proposed Plans, Elevations + Sections

Planning Statement Received 3 May 2024 and Structural Assessment Received 22 August 2024. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR AN APPROVAL.

1.0 THE SITE - 1.1 The site represents the curtilage of The Barn, Bollyn Road, Ballaugh, which is situated on the western side of Bollyn Road, as you approach the junction with the A10 (Cronk Road) from the south. The site is located within The Cronk to the north of Ballaugh Village. - 1.2 The barn runs immediately adjacent and parallel with the Bollyn Road, with its entire east elevation facing directly onto the road. The main access to the site is situated south of the barn which is the subject of the current application, and just north of the barn proposed for the garage. The main barn appears on the 1860's map of the area. - 1.3 There are mature trees situated north of the site and adjacent the wooded area to the north of the site which is separated by the farm lane which leads to Ballakeoig to the west of the site. This lane also separates the site from a water course which runs in a north-south direction and borders most of the properties in the immediate vicinity.

2.0 THE PROPOSAL - 2.1 The application seeks approval for Renovation of cottage and outbuilding to include alterations to window/door openings, creation of a detached garage/store, erection of wall for privacy and new vehicular access with associated driveway and parking area. - 2.2 The main outbuilding which is the subject of the planning application is a stone building with section of exposed brickwork, measures 18m x 5.17m and is about 3.4m tall (2.2m to the eaves), although the slightly changing land level around it increases/decreases the height along some parts of the external elevation. - 2.3 The second building which is to be converted to the garage/store measures 5.9m x

• 6.6m, and is about 3.4m tall (2.4m to the eaves). This building is finished in a mixture of exposed brickwork, tinned covering in slate, horizontal timber panels, and block work with render finish. The roof is finished in tinned roofing slate.

2.4 The proposal would not involve any extensions to the outbuildings, but alterations by way of creating new fenestrations for windows and doors, widening fenestrations, re-roofing in grey artificial slate, and addition of new rooflights. Five new rooflights would be installed over the western roof plane of the new dwelling created form the larger barn, while two new rooflights would be installed over the roof of the proposed garage/store. All new windows and patio doors on the dwelling are to be dark grey Aluminium framed double glazed units.

2.5 The floor area of the new dwelling would accommodate two bedrooms, an open plan lounge/kitchen/dining area, bathroom, and a linking lobby. There would be no internal alterations of the garage/store building. - 2.6 Additional works would involve:

• a. Installation of new fence at the location of the new access to close up the existing access and create a new privacy wall about 2m high which links the new dwelling with the garage. This wall will be finished externally in smooth render.
• b. Removing the fence and shrubs situated south of the garage, with the ground lowered to new driveway by approx. 800mm to allow for access, with retaining wall either side. The new access would be 3.3m wide.
• c. Creating a new driveway about 3.3m wide and parking and turning area, with parking to accommodate three cars.

2.7 No trees would be removed to facilitate the development. There would be no change to site levels. Foul sewage from the proposed development be disposed of via a new septic tank on site. - 2.8 The application is supported by a Planning Statement and Structural Report. While the description states renovation of a cottage and outbuilding the planning history does not suggest it was a cottage although approval was given for the conversion of a building. Further detail on this is set done in section 7.2.

3.0 PLANNING POLICY - 3.1 Site Specific:

• 3.1.1 The application site is situated within an Area of High Landscape or Coastal Value and Scenic Significance, not designated for development under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, or Registered Tree Area, and there are no registered trees on site. The site is also not prone to flood risks.

3.2 National: STRATEGIC PLAN (2016)

• 3.2.1 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of the planning application:

• 3.2.2 Relevant Strategic Plan Policies:

• a. General Policy 3 - Exceptions to development in the countryside.
• b. General Policy 2 - General Development Considerations.
• c. Environment Policy 1 - Protection of the countryside and inherent ecology.
• d. Environment Policy 2 - Protection of Areas of High Landscape or Coastal Value and Scenic Significance.
• e. Housing Policy 4 - New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Refers to exceptional circumstances where new housing will be permitted in the countryside.
• f. Housing Policy 11 - Guides the conversion of existing rural buildings into dwellings.
• g. Strategic Policy 1 - Efficient use of land and resources.
• h. Strategic Policy 2 - Priority for new development to identified towns and villages.
• i. Strategic Policy 4 - development proposals must protect or enhance the nature conservation and landscape quality of urban as well as rural areas.
• j. Strategic Policy 5 - Design and visual impact.
• k. Spatial Policy 5 - new development will be in defined settlements only or in the countryside only in accordance with GP3.
• l. Transport Policy 1 - Proximity to existing public transport facilities and routes, including pedestrian, cycle and rail routes important for new development.
• m. Transport Policy 4 - Highway safety.
• n. Transport Policy 7 - Parking considerations/standards for development.

• o. Community Policies 7, 10 and 11 provide guidance in respect of minimising criminal activity and reducing spread of fire, while Infrastructure Policy 5 deals with methods for water conservation.
• p. Environment Policy 4 - Protects biodiversity (including protected species and designated sites).
• q. Environment Policy 5 - Mitigation against damage to or loss of habitats
• r. Section 8.10 Conversion of Rural Buildings to Dwellings: "8.10.1 Throughout the countryside, there are examples of buildings which are no longer suitable or needed for their originally intended use, but which are of sufficient quality or interest to warrant retention and re-use.

8.10.2 Conversion of such buildings into dwellings can make a useful contribution to the housing stock, ensure retention of our built heritage, and improve the appearance of what might otherwise become derelict fabric."

3.3 Area: AREA PLAN FOR THE NORTH AND WEST

• 3.3.1 It must be noted that at the time of writing, the Draft Area Plan for the North and West is not formally adopted and is only, at this stage, a broad direction of how planning policy is reviewing the areas. Their proposals can still be challenged at a public enquiry where an inspector could reach a different opinion to the drafts. The final draft would also need to be ratified by COMIN. This means that the 1982 development plan remains the correct land use designation and no material weight is given to the Draft Area Plan for the North and West.
• 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 Residential Design Guide (2021)

• 4.1.1 This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.

4.2 The Isle of Man's Biodiversity Strategy (2015 - 2025)

• 4.2.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.

- 5.0 PLANNING HISTORY

5.1 The site has been the subject of five previous planning applications which are considered relevant in the assessment and determination of this application.

• a. PA 90/00912/A for Approval in principle for erection of dwelling - Refused.
• b. PA 07/00151/A for Approval in principle for the erection of a detached dwelling Refused. The application was refused for the following reason: "The planning application is unacceptable by reason that:

• a) the proposed development is contrary to the zoning of the application site under The Isle of Man Development Plan Order 1982, which designates the application site as being outside of an area designated for residential development; and
• b) the proposed development is contrary to the provisions of Planning Circular 1/88 (Revised)

• Residential Development - Houses in the Countryside, which sets out a general presumption against new residential development in the countryside."

• c. PA 10/00891/B for Conversion of derelict building to a dwelling with internal and external alterations - Refused. The application was refused on the grounds that: "The proposed access would not give the required visibility in a northern direction when exiting the site. Accordingly, the proposal would result in a significant adverse impact upon highway safety to the detriment of the pedestrian and vehicular users."

• d. PA 11/00570/B for Conversion of building into a dwelling - Approved. This approval was the subject of five approval conditions which relate to access, details of the hard landscaping, roofing of the dwelling in slate, submitted plans, as well as the standard four year condition.
• e. PA 16/00948/A for Approval in principle to erect a detached dwelling with detached garage addressing matters of siting and means of access - Refused. This application was refused for the following reasons:

• R1: The erection of a dwelling on the proposed site which is located within an area not designated for development would be contrary to established planning policies aimed at protecting the Manx countryside and directing new residential development to locations that accord with sustainable development principles. For these reasons the proposal would be contrary to Spatial Policy 4, General Policy 3, Environmental Policies 1 & 2 and Housing Policy 4 of the Isle of Man Strategic Plan.
• R2: The application contains insufficient information to adequately assess the proposed access arrangements and whether or not it would give the required visibility or adversely affect the safety and flow of users of the existing road network.

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

6.1 DOI Highways Division find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking, as the new access is an improvement on the existing access, and visibility for the new access is acceptable onto this low flow, low speed rural route. Conditions should include the garage to remain ancillary to the main building, and access, visibility, parking and turning areas should be implemented before first occupation of the proposals and retained thereafter. A S109 Highway Agreement will be required to tie in the new access onto the adopted highway (10 May 2024).

6.2 Ballaugh Parish Commissioners have not made any comments on the application although they were consulted on 3 May 2024. - 6.3 No comments have been received from neighbouring properties.

- 7.0 ASSESSMENT

7.1 Given the nature of the proposed development, the key issue to consider in the assessment of this planning application are;

• a. The Principle;
• b. The potential Impact on the surrounding area and countryside;
• c. Impacts on highway safety; and
• d. Residential amenities for future occupant.

7.2 THE PRINCIPLE (HP 11, GP3 & Paragraph 8.10)

• 7.2.1 General Policy 3 is clear that proposals such as this are generally to be supported as an exception to the principle that there should be no development in the countryside. This is further reinforced by Housing Policy 11 which sets out the criteria for such development to be assessed. In this case, and taking the key elements of Housing Policy 11 as the fundamental basis for the assessment, it is considered that the proposal represents an appropriate such exception.

• 7.2.2 In terms of part (a) of Housing policy 11 which borders on redundancy for the original use, the application is supported by a Planning Statement which suggests that the buildings which are the subject of the current application had previously been occupied as a dwelling, with the existing residential style windows on the main barn which is to be converted to the

• dwelling also serving to reinforce this position, although there is no evidence to indicate that the use of the building as a dwelling was authorised or was ever made legal. This points to the fact that the building has not supported its originally intended use for a long time. Also, the current state of the building clearly shows that the building has not been in use for some time. Thus, it could be argued that the buildings have not been redundant for their originally intended us, such that there redundancy is considered to be established. The proposal, therefore, conforms to Housing Policy 11 in this respect.
• 7.2.3 In assessing compliance with part (b) that deals with whether the building is substantially intact and capable of renovation, it is considered that a structural report has been provided by the applicant. This report suggests that the existing buildings are structurally intact and would be structurally suitable for re-use.
• 7.2.4 With regard to compliance with part (c), it is considered that the appearance, age and character which reflects their historic heritage, has an overall architectural interest to warrant their retention and therefore complies with this aspect of Housing Policy 11. This is particularly relevant as these traditional buildings reflects the character of the Manx countryside and as such would be vital to retain. It would be important to note here that the main barn which is to be converted to a dwelling is clearly shown on the 1860's historic map of the island, which highlights its historic relevance to the area.
• 7.2.5 In terms of compliance with part (d) of Housing policy 11, it is noted that the policy requires that the building should be 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. In the case of the proposed application, there would be no extensions to the building, with the key changes only involving the opening of new apertures for doors and windows, and the lowering of window cills to create new door openings. Whilst these changes would slightly alter its general appearance, it should be noted that the policy allows modest, subordinate extensions which do not affect adversely the character or interest. In this case, it is not considered that the changes would cause harm to the appearance of the building or the character and quality of the area.
• 7.2.6 With regard to the smaller building proposed for the garage and store, it is considered that the main change on the east elevation of the building which abuts the highway would be the addition of the new timber panels to the walls, as well as the finishing of the south elevation in timber cladding, and it is considered that these would be appropriate when read within the context of the built form of the building and its traditional finish in stone.
• 7.2.7 Paragraph (e), requires that the residential use of converted rural buildings should not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan. In this case, it is not considered that the conversion of the building would be incompatible with adjoining established residential use of the adjacent dwellings. As well, the proposed residential use would not have adverse impacts upon neighbouring properties in terms of overlooking, loss of light or overbearing impacts given the separating distance between the barn and its neighbouring properties, and as the changes are only at ground floor level and as such would not exacerbate the relationship between that currently attainable. Therefore, there is no reason to assume its use for residential purposes would be incompatible with adjacent uses.
• 7.2.8 Housing policy 11 also 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. In this case, the scheme would largely utilize the stone finish to the external walls which is the dominant building material here, and introduce slates tiles in place of the existing roof tiles, which is more reflective of traditional properties on the Island. The timber finish on the garage is also compatible with the stone finish of the main barn

• building which has remained unchanged, with the proposal considered to comply with significant elements of Housing Policy 11.
• 7.2.9 Finally, Housing Policy 11 requires that the building is or can be provided with satisfactory services without unreasonable public expenditure. In this case, the barn and store are at positions that can easily be provided with these services being situated within close proximity to the existing residential properties in the area, and there is nothing to indicate that the converted buildings could not be attached to other necessary services, either. Thus, it is considered that the proposal complies with this aspect of Housing Policy 11.

7.3 IMPACT ON THE SURROUNDING AREA AND LANDSCAPE (EP1 and 2, and Paragraphs - 8.10.1 and 8.10.2)

• 7.3.1 In assessing the impact on the surrounding area, it is noted that the development would retain the existing built fabric for these rural buildings, and will ensure the retention of the Islands built heritage, and improve the appearance of what has become derelict fabric (as leaving the building in its unused and unattended form would facilitate the property going into complete dereliction); thus it is considered that the proposal complies with 8.10 of the Strategic Plan on the Conversion of Rural Buildings to Dwellings and GP2 (c & g).
• 7.3.2 It is also considered that the proposed works would utilise traditional materials which would ensure that the buildings are in keeping with the character of the site and surrounding countryside. Furthermore, the proposed alterations would fit well with the barns, the site, and the countryside setting.
• 7.3.3 Moreover, the site sits within a group of dwellings and within a well-landscaped area where the buildings would be read within the built up context of this part of the countryside. Therefore, the proposed scheme would not increase the impact of the buildings when viewed within the site context or character of the area. As such, the proposal is not judged to harm the character and quality of the surrounding landscape.
• 7.3.4 Given the above, it is considered that the scheme would comply with the requirements of Environment Policy 1 and Environment Policy 2, and General Policy 2 (b, c & f).

- 7.4 IMPACT ON HIGHWAY SAFETY (GP2)

• 7.4.1 General Policy 2 (h) and (i) requires that there be no unacceptable implications in terms of highway safety resulting from developments. The proposal would create three parking provisions parking provisions within the site to support the existing use and proposed development, with the new access proposed also situated such that it would offer improved visibility of the existing access to the site, and these weigh in favour of the proposal.
• 7.4.2 It is also vital to note that DOI Highways has not raised concerns with the application, save for the request that conditions be imposed to ensure that the garage remains ancillary to the main building, and that access, visibility, parking and turning areas should be implemented before first occupation of the proposals and retained thereafter, which indicates that there are no significant adverse highway safety impacts.

- 7.5 RESIDENTIAL AMENITIES FOR FUTURE OCCUPANT (GP2)

• 7.5.1 The internal accommodation of the proposed dwelling consists of two bedrooms, open plan dining/kitchen/lounge area, which would be suitable to support a family. It is also considered that the internal accommodation would be of an acceptable size, and all primary rooms would have adequate level of outlook and light. It is also worth noting that due to the properties location, views from the primary windows would be towards the surrounding countryside. Moreover, being located in the countryside would afford the occupants access to the general amenities offered by the surrounding landscape.

- 7.6 OTHER MATTERS

• 7.6.1 Key Differences between the current application and previous applications for the site.

• 7.6.1.1 The current scheme seeks to create a new dwelling on site that is somewhat similar to previous applications that were refused at the site, as such it would be important that the key differences are articulated within this report.

• 7.6.1.1 PA's 90/00912/A, 07/00151/A, and 16/00948/A all sought Approval in principle to erect a new dwelling on site, despite the site not being situated within the settlement boundary, or area zoned for development, and there was not active residential curtilage on site. As such, they were considered to be contrary to the provisions of the development plan, in addition to not meeting the exceptions allowed for the creation of new dwellings in the countryside in the Strategic Plan.
• 7.6.1.2 With regard to PA 10/00891/B which sought approval for conversion of derelict building to a dwelling with internal and external alterations, which was also refused, it was considered that the application would comply with Housing Policy 11 which implies that the principle was acceptable. However, there was concern with the safety of the access due to its highly limited visibility, which would result in a significant adverse impact upon highway safety to the detriment of the pedestrian and vehicular users. As such, the proposal was refused.
• 7.6.1.3 PA 11/00570/B was considered acceptable in terms of principle and compliance with HP11, as well as its offerings in terms of access design and safety, as it repositioned the access away from the southern gable end wall, in a southerly direction approximately 7.5 metres away from the gable elevation. This was, however, not implemented.
• 7.6.1.4 The current application is similar to the scheme approved under PA 11/00570/B, although it is a significantly improved scheme in terms of building design and finishing, use of site area and layout, as well as access safety. It also addressing the provisions of Housing Policy 11.

- 8.0 CONCLUSION

8.1 Overall, it is considered the proposed works would not adversely affect the countryside or harm the character and quality of the landscape, and would have no significant impacts upon private or public amenities. The scheme would also not have any adverse impacts on highway safety. The proposal is, therefore, complies with HP 11, EP 1 and 2, TP 4 & 7, and GP2 of the IOM Strategic Plan and the Residential Design Guide 2021. Accordingly, the application is recommended for an approval. - 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

• whether there are other persons to those listed above who should be given Interested Person Status

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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: 02.09.2024

Signed : P VISIGAH 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.