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Government Sailig: Lilaa Pannin
Kay Associates Southgate House 89 Circular Road Douglas IM1 1AX
In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mr Ken Blaymire, Ref 13/00795/B, for the Demolition of existing stone barns and re-build to form three tourist accommodation units at Outbuildings Adjacent To Ballavartyn House Ballavartyn Road Santon Isle Of Man subject to compliance with the following condition(s):
Date of Issue: 13th August 2013
Director of Planning and Building Control
This decision was made by the Planning Committee in accordance with the authority delegated to it.
This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml
Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.
The proposed development must not be commenced until either;
Whichever is the later.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]
13/00795/B
| Application No.: | 13/00795/B |
| Applicant: | Mr Ken Blaymire |
| Proposal: | Demolition of existing stone barns and re-build to form three tourist accommodation units |
| Site Address: | Outbuildings Adjacent To Ballavartyn House |
| Ballavartyn Road | |
| Santon | |
| Isle Of Man | |
| Case Officer: | Miss S E Corlett |
| Photo Taken: | 22.07.2013 |
| Site Visit: | 22.07.2013 |
| Expected Decision Level: | Planning Committee |
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO ENVIRONMENT POLICY 11 AND DUE TO THE PLANNING HISTORY OF THE SITE.
1.1 The site is part of the curtilage of Ballavartyn Equestrian Centre located on the south eastern side of the A5 Castletown Road in Newtown. The site as a whole accommodates a newly built equestrian facility which has indoor and outdoor arenas, car parking, stabling and horse exercise areas. Also part of the scheme is tourist accommodation in the form of a new building, approved as a replacement for a former modern agricultural building alongside a barn which had approval for conversion to tourist accommodation from agricultural use. It is this last building which is the subject of this current application.
1.2 The tourist buildings lie close to the indoor arena building and opposite the principal dwelling on the site, Ballavartyn House.
2.1 Proposed is the demolition and rebuilding of the stone barn which has permission for conversion to tourist accommodation. The rebuilt structure would be identical to that which would have been created through the conversion but a completely new structure.
2.2 Work commenced on the conversion which was approved under PA 12/00027. The roof coverings were removed along with the timber floor boards and the supporting trusses, rafters and joists were found to be poorer than had been anticipated in the previous Engineer's report and once the roof was removed, outward movement was noted in the rear wall. The building was made secure and further engineer's advice was sought on how to proceed.
2.3 Further inspections were made and it was discovered that the stone masonry wall at first floor level had been built upon a timber floor rather than on top of the walls themselves, resulting in weak spots which had been filled with mortar and small stones which prevented this discovery in previous inspections. This situation is exacerbated by the poor condition of the timber ends and the lime mortar in the walls being particularly friable and the walls were
badly voided with organic material in the voids. The engineer's advice is that the building is unsafe and no further work is undertaken before the height of the walls has been reduced to first floor chamber joist level or lower, whereupon the condition of the remaining walls may be inspected and reassessed to see if the lower wall is capable of being retained or whether that too needs to be removed. 2.4 In pre-application advice, the planning officer recommended that the application be submitted for the demolition and rebuilding of the entire structure on the basis that firstly, the retention of only half of the building would be contrary to the provisions of Housing Policy 11 and Environment Policy 16 in respect of not all of the building being intact, and that it was not certain that the ground floor walling was capable of being retained. Also, the amount of ground floor walling to be retained, after new apertures had been formed and taking into account that the two side walls adjoin two other buildings and that it might be difficult to match in new stonework on top of existing stonework, leaving a building which would always look like a structure which was half original and half new. 2.5 In the original application for the conversion of the building, advice was sought by the applicant from Curtins Structural Engineers. This report is referred to in that application but no copy of the report was submitted with the application. As such, no regard could have been had to the acceptability or otherwise of the structural report. 2.6 The application for the conversion of the building was approved subject to conditions, which controlled the timing of the development, the occupancy (Between the 1st March and 1st October in any one year the holiday accommodation hereby approved must be used only for individual lets not exceeding four weeks in duration. Outside of this period longer lets to tourists are permissible. For the avoidance of doubt, no approval should hereby be conferred [sic] by this approval for the use of the new accommodation as separate dwellings.")
3.1 The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as an Area of High Landscape or Coastal Value and Scenic Significance. 3.2 As such, there is a presumption against development as set out in Environment Policies 1 and 2 of the Strategic Plan. 3.3 The Strategic Plan policy contains a policy which supports the conversion of existing redundant buildings to alternative uses and it was this policy which supported the approval of the conversion of the original barn to tourist accommodation. Environment Policy 16 states: "The use of existing rural buildings for new purposes such as tourist or small-scale industrial/commercial use may be permitted where: 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; a)[sic] 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."
3.4 As the building is not to be converted, it does not comply with this policy, nor could it comply with any of the exceptions to the presumption against development in the countryside as set out in 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, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14) e) location-dependant development in connection with the working of minerals or the provision of necessary services; f) building and engineering operations which are essential for the conduct of agriculture or forestry g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and h) buildings or works required for interpretation of the countryside, its wildlife or heritage".
Previously developed land does not include buildings erected for agricultural purposes. 3.5 The planning history of the site is a material consideration, particularly the approved equestrian facility which includes indoor and outdoor arenas, stabling, car parking as well as the approval for the construction of a new building alongside the application building, to accommodate tourist accommodation (see Planning History) and approval for the erection of a replacement dwelling. 3.6 The Town and Country Planning Act establishes that in the determination of planning applications, the decision-maker should have regard to: the provisions of the development plan so far as they are material to the application, any relevant statement of planning policy under Section 3 (Planning Policy Statements), such other considerations as may be specified for the purpose of this subsection in a development order, so far as is material to the application and all other material considerations.
4.1 As stated above, the site has been the subject of a number of applications: planning permission was granted for the erection of a replacement dwelling under PA 12/00030. Permission was granted for the equestrian facilities under PAs 10/01672, 12/01617, 12/01386, 13/00474, Permission was granted for the conversion of stables to tourist accommodation under PA 12/00028 and the rebuilding of this structure and conversion to tourist accommodation under 12/00805. The barns were the subject of conversion to tourist accommodation under PA 12/00027. 4.2 PAs $12 / 00028$ and $12 / 00805$ are relevant in this case as initially, as with the barn in this case, approval was granted for the conversion of the building to provide the tourist accommodation. The existing building in that case was not of particular interest so did not comply with the provisions of EP16. However the Committee felt it appropriate, in the interests of the benefit of the scheme as a whole, that the application be permitted. That application was supported by DED.
4.3 Following the approval for conversion of the building, a further application was submitted for the replacement of the building with a new purpose-built unit for tourist accommodation. This reflected more closely the traditional stone appearance of the building alongside which the new building would be constructed, than did the converted building which previously had approval. This was supported on the basis that it would be more sympathetic to the character of the area and is a better scheme than that which has approval and could be implemented.
5.1 Highways Division do not oppose the application but suggest that due to the amount of traffic which will be generated by the proposal, passing places should be introduced. The scheme is the same as that approved previously in terms of the impact on traffic and no such comments were made then, nor conditions to this effect imposed upon the planning approval. 5.2 Department of Environment, Food and Agriculture Wildlife Division raised concerns about potential bat roosts within the building. This was raised previously although the requirement for a bat survey was not included in the conditions of the approval for the renovation and conversion of the building. The applicant was encouraged by way of a subsequent letter from the Planning Authority, to liaise with Department of Environment, Food and Agriculture about potential bat roosts. Department of Environment, Food and Agriculture is to consult the applicant directly about any signs of bat inhabitation or activity prior to the part demolition of the building.
6.1 The proposal is contrary to policy in that the building is not to be retained and will be rebuilt. There are no provisions within policy for undertaking such a scheme. 6.2 However, what is material is the scale of the proposed development in comparison with the overall complex and the context of the site where the building which previously existed alongside is being rebuilt in a different form to 'match the building which previously existed on the application site. Added to this, permission has been granted for the replacement of the principal dwelling opposite such that it will be larger and in a similar position but nonetheless new. 6.3 The tourist accommodation is an integral part of the overall equestrian complex in that tourists with an interest in equestrian pursuits as well as those who may wish to bring their own horses or ponies with them are to be targeted and the complex also accommodates disabled riders and will accommodate disabled tourists. As such, the link between the tourist accommodation and the equestrian facilities is material. 6.4 It would appear that the instability of the building could not have been identified in an initial survey prior to parts of the building being removed and deconstructed. As such it is difficult to see how this could have been prevented, unfortunate though the situation now appears. 6.5 Whilst the scheme is contrary to policy, it is recommended that the application is approved on the basis that the immediate context of the site is one of newly built structures and the tourist accommodation to be provided is an integral part of the development of the complex. The proposed replacement building will be identical to that which has permission, albeit that the fabric will be new. None of the buildings concerned, nor indeed any part of the development as a whole, other than the exercise track railings may be seen by the public.
7.1 The local authority, Santon Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.
7.2 The Highway Authority is now part of the Department of Infrastructure of which the Planning Authority is part. As such, the Highway Authority cannot be afforded party status in this case.
Recommended Decision: Permitted
Date of 05.08.2013
Recommendation:
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the demolition of the existing barn and rebuilding to provide tourist accommodation, as shown in drawings K222/P/10-10, K222/P/10-12A, K222/P/10-14A, K222/P/12-10A, K222/P/13-10 and the development must be undertaken in accordance with these drawings.
C 3. Between 1st March and 1st October in any one year the holiday accommodation hereby approved must be used only for individual lets not exceeding four weeks in duration. Outside of this period longer lets to tourists are permissible. For the avoidance of doubt, no approval is granted nor should be inferred by this approval for the use of the new accommodation as separate dwellings."
C 4. Prior to the occupation of any of the units hereby approved the road access must be fully made up as shown in drawing K222/P/10-12A.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Signed : $\qquad$ Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
PA13/00795/B Mr Ken Blaymire Demolition of existing stone barns and re-build to form three tourist accommodation units, Outbuildings Adjacent To Ballavartyn House Ballavartyn Road Santon Isle Of Man Planning Officer:
Dev Control Polygons: Reference Number: 12/01617/B Status: Permitted Proposal: Re-location of horsewalker approved under PA 10/01672/B and creation of additional parking Reference Number: 13/00474/B Status: Permitted Proposal: Amendment to PA10/01672/B to change the use of approved canteen and viewing gallery to a cafe/restaurant for the general public, with increase in parking provision Reference Number: 12/01386/B Status: Permitted Proposal: Erection of building for use as an equipment and feed store and shop selling horse-related tack, horse feed, horse-related equipment and horse-associated clothing Reference Number: 10/01658/B Status: Application Withdrawn Proposal: Erection of a replacement dwelling with new vehicular access and road Reference Number: 92/00946/B Status: Permitted Proposal: Extension to provide additional living accommodation, Ballavartyn, Santon. Reference Number: 10/01672/B Status: Permitted Proposal: Erection of new equestrian arena, stabling blocks, horse walker, storage sheds, external manège, horse exercise track and creation of new vehicular access to main road and new access road serving development Reference Number: 12/00030/B Status: Permitted Proposal: Demolition of existing dwelling and erection of replacement dwelling and creation of driveway link to approved vehicular access road (PA 10/01672/B) Reference Number: 12/00028/B Status: Permitted Proposal: Conversion of stables into self catering tourist accommodation units and creation of driveway link to approved vehicular access (PA 10/01672/B) Reference Number: 13/00795/B Status: Pending Consideration Proposal: Demolition of existing stone barns and re-build to form three tourist accommodation units Reference Number: 10/01674/B Status: Application Withdrawn Proposal: Conversion of existing stables to provide two self catering tourist accommodation units and creation of new vehicular access and road Reference Number: 12/00027/B Status: Permitted Proposal: Conversion of existing barns into self catering tourist accommodation and creation of driveway link to approved vehicular access road (PA 10/01672/B) Reference Number: 10/01660/B Status: Application Withdrawn Proposal: Conversion of existing barns into four tourist accommodation units and creation of new vehicular access and road Reference Number: 12/00805/B Status: Permitted
Proposal: Replace existing stables with a building to provide two self catering tourist accommodation units Reference Number: 13/00429/B Status: Permitted Proposal: Erection of car park lighting
BC Case Polygon:
Reference Number: 92/02684/DEX BC Case Status: Building Work Complete Proposal: Bedroom and bathroom extension Reference Number: 13/07123/OTH BC Case Status: Building Work Started
Proposal: Conversion of existing agricultural buildings into four self catering tourist accommodation units (unit 1-4) and replacement of stables to create additional self catering tourist accommodation (units 5 and 6)
Reference Number: 11/07518/OTH BC Case Status: Building Work Started Proposal: Erection of new equestrian arena
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