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The site is the curtilage of and land associated with Earystane Chapel, a former chapel which has been converted into a dwelling (see Planning History). The building sits alongside the public highway at the north western corner of the site. The curtilage of the building as defined in the original application for conversion is restricted to the area immediately alongside the building. The land associated with the chapel stretches to the south by 100m.
The site accommodates a number of buildings, many unauthorised - the chapel itself, a cabin, coop and two portable cabins. There is an area of hardstanding immediately to the south of the chapel. Access into the site is from the north where there is a formal vehicular entrance within stone walling leading into the parking area. There is a second access to the east through an older set of stone pillars which is presently blocked off by a wooden screen.
The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as "white land", that is, not designated for development. On the draft Southern Area Plan which was published on 23rd October, 2009 the site lies within an area designated as Incised Slopes. The
curtilage of the chapel is within the settlement boundary of Earystane where the accompanying settlement description indicates that no further dwellings will be appropriate. The following advice regarding areas of Incised Slopes is available:
"Incised Slopes - Ballamodha - Landscape Character Area 2 - Ballamodha, Earystane, and St Mark's: This is a fairly resilient landscape which has accommodated incursions of modern built development without severe detriment. However, some of the larger-scale residential developments lack either the topographical setting or the groups of trees which might have mitigated their visual impact."
The draft Planning Policy Statement 2/09 - The Role of Landscape Character in Development states:
The overall strategy for the protection and enhancement of the Incised Slopes Landscape Character Type is to conserve and enhance: the remote and rural character; the relatively sparse settlement pattern of traditional hamlets and scattered farm buildings; the network of sunken and enclosed rural roads; and the substantial hedgerows and sod banks dividing irregularly-shaped pastoral fields. Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:
Proposed is the removal of the temporary structures from the site and their replacement with a new garage building and a stable. The garage will be located within an extended residential curtilage (extending the existing curtilage to the east) and will be 8.2m long (north east to south west) and 5.5m deep. The building has been styled on the chapel, with a forty degree pitched roof, finished in slates with Conservation style rooflights and timber garage doors and stone walls with buttress details.
The stable will be sited to the south, some 3.5m from the garage. The stable has timber cladding to match the gables of the garage, and stonework to match that on the garage and the chapel with a slated roof to match both. The stable building will be 5.7m wide, 11.7m long and 3.8m high.
The following applications have been considered in respect of this site:
PA 97/2055 - approval in principle for conversion of former Wesleyan Chapel to dwelling - refused on review PA 97/1466 - approval in principle for conversion of former Wesleyan Chapel to dwelling - refused PA 99/1528 - conversion of former Wesleyan Chapel to dwelling - refused at appeal PA 03/0265 - conversion to a dwelling - permitted PA 06/1260 - installation of rooflight - permitted PA 06/1580 - Registered Building consent to internal alterations - permitted PA 07/2133 - retention of caravan and shed - refused at appeal PA 07/2135 - retention of portakabin as temporary living accommodation - permitted (for use until 31st December, 2008 or until the Chapel is habitable, whichever is the sooner) PA 09/0621 - variation of condition to allow retention of portacabin as temporary living accommodation - permitted until 31st December, 2009 or until the Chapel is available for occupation, whichever is the sooner PA 10/1450 - conversion of existing portacabin type structure for use as a utility room - refused.
Arbory Parish Commissioners request that a firm condition should be attached to require the removal of the existing temporary buildings and query why the walling of the garage is to have cavity walling. They also note that the proposal will result in a change of use from agricultural to residential. It has been clarified with them that the application will deal with this.
Highways and Traffic Division do not oppose the application.
Two residents of Maughold note with disappointment how the approval for the conversion of the chapel to living accommodation has led to so much intrusion into the countryside. They consider that the applicant should have been clear that what was available was a limited property in terms of size but note that the proposal if implemented properly could result in a better appearance. They have not visited the site for some time.
The site is outside of any area which is designated for development and the existing, principal building on the site is Registered. The proposal to extend the curtilage is a logical area to be associated with the chapel and provides sufficient space for a garden, amenity, parking and storage space. It is considered that there will be no adverse impact from the extension of the residential curtilage as proposed.
The proposed buildings will be sited sufficiently far from the chapel as not to affect its character or setting. The buildings have been designed to complement but not mimic the main building and thus are complementary to it and will result in the removal of the temporary buildings on the site some of which have been the subject of enforcement action and none of which enhance the appearance of the site or the Registered Building.
Whilst the proposed garage has a double wall – this is block work with a stone facing, not cavity walling as suggested by the Commissioners.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 15.03.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the erection of a garage and stable and the extension of the residential curtilage all as shown in drawings AT 1088.1, AT 1088.2 and AT 1088.3 and the location and site plans all received on 4th February, 2011.
Notwithstanding any other enforcement action outstanding or to be taken in respect of the temporary buildings on the site, the buildings shown to be removed on drawing reference AT 1088.1 must be removed from site within one month of the completion of either of the buildings hereby permitted.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.
Decision Made : Permitted Date: 15.03.2011
Signed: Senior Planning Officer Dimitris
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