Officer Report

Application No.: 14/01308/B Applicant: Ardonan Estate Limited Proposal: Creation of a working country estate involving the erection of a dwelling, new vehicular access, refurbishment and extension of existing buildings to provide tourist accommodation units, landscaping and creation of a destination venue with associated parking Site Address: Ardonan Farm Ardonan Lane Regaby Ramsey Isle Of Man IM7 3HN Case Officer : Mr Chris Balmer Photo Taken: 06.01.2015 Site Visit: 06.01.2015 Expected Decision Level: Planning Committee

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE MEMBERS BECAUSE THE PROPOSAL IS CONTRARY TO THE DEVELOPMENT PLAN AND DUE TO THE NUMBER OF OBJECTIONS RECEIVED

1.0 SITE - 1.1 The application site relates to Ardonan Farm, Ardonan Lane, Regaby, Ramsey which consists of 55 acres of undulating pasture located to the south-eastern side of Ardonan Lane, south of the B7 and southwest of Regaby Crossroads. The site consists of an existing traditional two storey farm house, associated outbuildings and a number of adjoining fields. The farmhouse and associated outbuildings, which are centrally located within the northern half of the application site, are surrounded by existing mature trees. The topography of the land to the north and east of the site slows downwards towards the farmhouse and associated outbuildings. - 1.2 Within the site there is the traditional two storey farm house, and a single storey outbuilding to the southeast, constructed of 'Ballacorey' brick with a slate roof finish. This outbuilding appears to have been partly used as a single garage and partly as a garden store. - 1.3 To the northeast of the farmhouse is a larger barn, again constructed of 'Ballacorey' brick. This is a part single, part two storey barn. This is referred as the 'Spud Shed' by the applicants. To the north west of this barn is the remains of a steel framed 'Dutch' barn which was finished in metal cladding. Whilst the steel frame remains, the metal sheeting which was on the roof and elevations of the barn has been blown off. - 1.4 The site is accessed via an existing lane which runs from Ardonan Lane in a southerly direction for approximately 480 metres. The first 100 metres of this lane is also shared by the residential properties Thie Keirn and Fairy Oak, the lane then split into two lanes, one serving the application site only, with the second serving the properties Ardonan Cottage, The Willows, Ardonan Nurseries and Cronkbreck.

1.5 In terms of current use the Estate consists of 6 fields (55 acres), which have been tenanted by the owner's father for around 50 years under a secured 1969 Act agricultural tenancy. The land is however now predominately managed by the owner's sister and brotherin law by way of family succession rights under the Agricultural Tenancy Act 1969. The estate is mainly made over for grazing by sheep and occasionally cattle, with a rotation of silage and hay crops taken from time to time. The current buildings within the site are not currently used for agricultural activities. PLANNING HISTORY

2.0 There is only one previous planning applications connected with the farm/site which is considered relevant in the assessment and determination of this application: - 2.1 Alterations, erection of extension and car port to dwelling - 12/01695/B - APPROVED

3.0 PROPOSAL - 3.1 The application seeks approval for creation of a working country estate involving the erection of a dwelling, new vehicular access, refurbishment and extension of existing buildings to provide tourist accommodation units, landscaping and creation of a destination venue with associated parking. - 3.2 The applicants advise that the application is the culmination of extensive consultations over a period of two years and incorporates the advice received from the Planning Department, Highway Services, DED, DEFA, the Isle of Man Woodland Trust Manx Wildlife Trust and various other third party consultants. The consultations have been extensive, expensive and thorough, reflecting the Applicant's commitment to realising an opportunity to create a living and working environment which will be of benefit not only to them and their family but to the local community, businesses and, indeed, the very fabric of the Isle of Man itself and its countryside.

3.2 The proposed works are essentially split into four distinct parts, albeit they come together to form the overall scheme on the site. The works are also proposed to be undertaken in five phases. It should be highlighted at this stage that the submissions overall main aim is to provide a 'destination venue' which will cater for wedding events, but also for other types of events. This aspect will be considered in more detail later in this report. The applicants have indicated that they would like to hold corporate or wedding events no more than 4 times per month between April and September and once per month between October and March, i.e. a maximum of 30 per annum. In terms of hours of operation, the Applicant proposes that events would end no later than 23.00 between Mondays and Thursdays inclusive and 01.00 on Friday and Saturdays and with music restricted to an agreed reduced level from midnight on Fridays and Saturdays. The Applicant has indicated that the venue is not intended to be a 'wedding factory' with high levels of usage but, rather, it is aimed at the higher end event with associated low usage in keeping with the business plan and the Applicant's desire for this to be a viable but lifestyle business; these weekend events will, in turn, provide a viable level of guests for the tourist accommodation. - 3.3 The first phase of the development involves the implementation of the previously approved application (12/01695/B) which is still extant. This approval gave approval for alterations and extension of the existing farm house. This currently application under consideration does not propose to alter the approved works to the farmhouse. Once these works have been complete the applicants will move into the farmhouse. They have indicated this is key as it will provide a base for them to manager the remainder of the development phases on a 'hands-on' approach. - 3.4 The second phase, which would be undertaken immediately after the first phase, would be the refurbishment and extension of the 'Spud Shed' located to the northwest of the

farmhouse, approximately 16 metres away. These works include the retention of the majority of the barn, but include a very contemporary rear first floor extension only (i.e. partly there is no ground floor beneath). It is proposed this building would be used self-catering accommodation and to provide accommodation for the 'destination venue' which is to be created during the next phase of development.
3.5 The third phase of the development is the creation of the 'destination venue' which will take the form of a serviced grass events space with associated field parking and the works would include a number of features which would constitute 'infrastructure' works (i.e. bio disc, surface water drainage & electricity supply etc) for the temporary buildings and for a potential future permanent venue, obviously subject to such a proposal obtaining the necessary consents. The areas of the site where these works would take place are approximately 60 and 70 metres to the southwest of the farmhouse. This 'serviced grassed events space' this would provide space for any temporary marquee to be erected. To the west of this, is an area designated for car parking within the existing field. The drawings submitted indicate that the 'field parking'; would be trimmed and maintained throughout the growing season and that the parking area will be defined with timber edge detail around the perimeter of the parking area and extent of parking to be marshal controlled when in use. It is not proposed to hard surface the parking area or individually define the parking bays.
3.6 During phase three other works proposed are the creation of the new vehicular entrance and a new lane, as well as upgrading the existing farm lane. The new vehicular entrance would be located approximately 12 metres to the east of the existing entrance. The new access would access onto B7 which is a public highway. The new access would be afforded visibility splays of 2.4m x 98.5m in a westerly direction and up to 2.4m x 66m in an easterly direction (towards Regaby Crossroads). From the new entrance, it is proposed that a new lane would be formed which runs parallel with the existing Ardonan Lane, in a southerly direction for approximately 135 metres, which then re-joins the existing Ardonan Lane which serves the application property only. This lane would essentially provide a private lane for the site, and therefore would not require utilising the existing Ardonan Lane which is currently shared with other properties in the area (first 100 metres of the existing lane), as listed in paragraphs 1.4 of this report.
3.7 Phase four of the development is to undertake the habitat improvement programme. Although this is indicated as phase four the applicants have also indicated that these works would likely commence immediately upon receipt of Planning Approval. Continue throughout the build process and, in reality, continue to evolve thereafter. This element is essential to the success of the tourist accommodation, the destination venue and, indeed, the Estate as a whole and the applicants wish to progress the same as soon as there is certainty regarding the way forward. Such works include the reintroduction of parkland native tree planting throughout the site, introduction of new pound and wetlands, orchards, lavender field, wildlife corridors/invertebrate highway, native 'berry wood' copse and further tree planting resulting in creating a copse and a woodland area. The applicant has discussed the proposals and the plans have been prepared in conjunction with these discussions with a number of parties, including Department of Environment, Food and Agriculture, the Manx Wildlife Trust and IOM Woodland Trust.
3.8 The final phase of the development, phase five, would be work to a new dwelling located approximately 60 metres to the west of the existing farmhouse. The dwelling would be part single, part two storey utilising the sloping topography of this part of the site. The proposal is contemporary in design, finshed with natural Manx stone, Lime render and red cedar cladding, untreated to silver natural and the roof would be finished with a zinc roof. The dwelling would have a maximum width of 38.6 metres, a maximum depth of 18.8 metres and a height of ranging from 4 metres to 9 metres. Accessing the site would utilise the

existing/proposed entrance and lane and persons occupying the dwelling would need to drive through the existing holding and past the existing farmhouse and 'Spud Shed' buildings.
3.9 The applicants state that: "Once completed, the proposed Estate will only run effectively if the Applicants are able to live on site; whilst the refurbished and extended Farmhouse would be appropriate for use as short term accommodation, it is wholly unsuitable in the long term…" (reasons will be explained later in this report). They indicate that the new dwelling will allow the applicants to administer the tourist accommodation (both the now vacated Farmhouse and the Spud Shed), the destination venue and effectively oversee the implementation of the ongoing agro-environmental habitat improvement proposals.

4.0 PLANNING STATUS - 4.1 The site where the existing or proposed buildings are/would be located are within an area designated as 'woodland' whilst the majority of the entrance, lane and surrounding fields are designated as 'white land' all not designated for development under the Isle of Man Development Plan Order 1982. The site is not located within a Conservation Area. - 4.2 Due to the location of the site its zoning and the type of proposal, the following policies are relevant for consideration:- - 4.3 Strategic Policy 8 states: "Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man-made attractions." - 4.4 General Policy 3 states: "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, historic, or social value and interest; (Housing Policy 11);
(c) previously development land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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."

4.5 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

4.6 Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value." - 4.7 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

i) pollution of sea, surface water or groundwater;
ii) emissions of airborne pollutants; and
iii) vibration, odour, noise or light pollution."

4.8 Environment Policy 24 states: "Development which is likely to have a significant effect on the environment will be required:

i) to be accompanied by an Environmental Impact Assessment in certain cases; and
ii) to be accompanied by suitable supporting environmental information in all other cases."

4.9 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

(a) essential housing for agricultural workers in accordance with Housing Policies

7, 8, 9 and 10;

(b) conversion of redundant rural buildings in accordance with Housing Policy 11;

and

accordance with Housing Policies 12, 13 and 14."

4.10 Housing Policy 11 states: "Conversion of existing rural buildings into dwellings may be permitted, but only where:

(a) redundancy for the original use can be established;
(b) the building is substantially intact and structurally capable of renovation;
(c) the building is of architectural, historic, or social interest;
(d) the building is 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;
(e) residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; and
(f) the building is or can be provided with satisfactory services without unreasonable public expenditure. Such conversion must:

(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.

Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar or even identical form.

Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character."

4.11 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."

4.12 Business Policy 11 states: "Tourism development must be in accordance with the sustainable development objectives of this plan; 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. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted." - 4.13 Business Policy 12 states: "Permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10. - Housing Policy 11." - 4.14 Business Policy 13 states: "Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents." - 4.15 Business Policy 14 states: "Tourism development may be permitted in rural areas provided that it complies with the policies in the Plan. Farmhouse accommodation or quality self catering units in barn conversions and making use of rural activities will be encouraged but must comply with General Policy 3 and Business Policies 11 and 12. Other forms of quality accommodation in rural areas will be considered, including the provision of hostels and similar accommodation suitable for walkers but must comply with General Policy 3 and Business Policies 11 and 12." - 4.16 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 4.17 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

5.0 REPRESENTATIONS - 5.1 Andreas Parish Commissioners make the following comments (received on 31.12.2014): "No objections to the proposed new dwelling and the refurbishment of the existing buildings, but they are opposed to the creation of the destination venue which includes a swimming pool and marquee for the holding of special functions such as weddings etc.

The Commissioners consider these facilities would be out of keeping with the existing small and quiet hamlet, and the extra traffic such facilities would generate in the are would be unacceptable by local residents.

The Commissioners are also opposed to the creation of the proposed new large access near to, or on a bend of a narrow winding public highway."

5.2 Highway Services make the following comments (received on 03.12.2014): "The visibility for vehicles exiting the access and the forward visibility for vehicles approaching the access are shown over land not within the applicant's control; in the case of visibility to the west leaving the access is over a verge that has several trees. Measured from drawing number 109/641 the actual visibility available is:

1. for vehicles exiting the access

o To the west 70m to a point 0.5m into the carriageway
o To the east 65m to the edge of the carriageway and to the tangent point of the curve
on the edge of the nearside carriageway

2. for vehicles approaching from the west waiting to turn right into the access o 46m to the edge of the far side carriageway; vehicles will be visible at 43m
3. For vehicles approaching from the east o 60m from the drivers position to a vehicle sitting in the access

The visibility for vehicles exiting the access is acceptable and the visibility splays should be protected by condition.

The forward visibility for vehicles waiting to turn right is below the required standard of 70m but is one step below this standard and on a road with no accident record where sight stopping distance is achieved this is acceptable.

The forward visibility for vehicles approaching from the east is acceptable.

In order to ameliorate the possible increased risk due to the reduced standard for vehicles approaching from the west it is recommended that signs are erected on both approaches to indicate the access. This could be controlled by condition.

If the application is to be approved the following conditions should be included:

1. Prior to any construction work for the destination venue or car park the access and visibility splays shall be constructed in accordance with a plan to be approved by the Department . The visibility splays of 2.4m x 70m to the west and 2.4m to the tangent of the curve to the east shall be provided at a height at or below 1.05m and retained thereafter. Reason: highway safety
2. Prior to the operation of the destination venue or car park 2 signs shall be provided of a form and in a location approved by the Department on the approach to the access and retained thereafter. Reason: highway safety
3. Prior to the occupation of the spud shed the parking and turning areas associated with it shall be provided and retained free from obstruction thereafter. Reason: to ensure the parking standards of the Isle of Man Strategic Plan are met"

5.3 Manx Utilities Authority - ELECTRICITY makes no comment on the application but ask that an informative note be attached to any approval (received on 16.12.2014). - 5.4 Department Environment, Food and Agriculture - Senior Biodiversity Officer (received on 12th and 15th December 2014) has no objection to the proposal, but would recommend a bat survey for the 'Spud Shed' be provided due to previous bat records. Advises this should be provided prior to the determining the application, because it might require modification of the plan, but if the applicant is willing to risk that it could be done via planning condition requiring the bat survey to be undertake. - 5.5 The owners/occupants of Ballayockey Beg, Ballayockey Lane, Regaby, Ramsey have objected to the application for the following reasons (received on 04.12.2014); the existing access serving Ardonan Lane and Ballayockey does not have particularly good visibility and

vehicles do travel faster that 34mph (85th per centile speed) as the road is derestricted; the proposed access would be closer to the dangerous S-bend; visitors may not know the road or where the they are going which would increase the risk of accidents; given the nature of the proposal people would be arriving and leaving en-mass which adds to our concern; in terms of loss of amenity the current entrance off the highway to both Ardonan and Ballayockey has a pleasant rural layout being in a quiet and picturesque location, adding the new entrance will diminish that character; we are blessed with dark skies at night, we are concerned that the lighting that will be needed at this venue, for health and safety reasons, will interfere with our enjoyment of the night sky; concern to the uncertain nature of the viability of the uses that the venue is sought to be put to, the safeguards against inappropriate development in the countryside are clearly necessary to preserve the distinctive character of this quiet and picturesque part of the Island; the significant new build proposed; concerns that although the current marquee does not represent significant new build, we are concerned that if the viability of the venue proves elusive the previous granting of permission would set a precedent for further applications within this development which the planning authority may find difficult to resist and which would cumulatively further erode the character of the rural area as agricultural land; Regarding concerns of noise, they note noise survey which has been undertaken, but given our own experience of noise in terms of loud music emanating from a marquee on or near the site in or around 2009, which may coincide with the wedding referred to in the submitted documents; The music was noticeable in our bedroom late into the night, at the time was something of a novelty, however the thought of a regular repetition through the summer months of the noise causes us particular concern; no objection to the proposed tourist accommodation or the new dwelling; however, a destination venue with parking up to 71 vehicles appears to be a step too far in terms of existing planning policy and the existing nature of the site.
5.6 The owners/occupants of Ballayockey Farm, Regaby, Andreas have objected to the application for the following reasons (received on 10.12.2014; noise generated by events will be similar to when applicants had their wedding reception a few years ago when the noise from the music was terrible; next morning our sheep and cattle were found to be in a distressed condition, though we could not tell it this was due to the noise or the Chinese lanterns flying over and landing on our property; concern with light pollution as lighting will be required, especially from the venue to the car park; there is a presumption against development in the countryside and by providing a flat area to pitch a marquee and park on the applicants hope to justify a large new dwelling; despite there is already a five bedroom dwelling on site; if this application is approved then surely it will open the floodgates to possibly many more such developments; proposal would be against current policy; concerns of the new dubs and wetlands are being created and these will impact the only source of drinking water for livestock downstream of site; leaving the existing access on a daily basis the road is very tricky due to the traffic coming around the bend form the Regaby direction at quite a speed; the 85% speed of 34mph does not give a true picture as a lot of cars, horseboxes and tractors will be slowing down to turn into Ballayockey and Ardonan Nurseries, so the traffic will be travelling under 20-25mph and considered to be as anomalous; we have measured the visibility shown and cannot achieve it; traffic at night is a lot faster than the day; and the proposal would spoil the peaceful, quiet countryside of this location for all who surround it.
5.7 The owners/occupants of Fairy Oak, Ardonan Lane, Regaby, Andreas have objected to the application (received on 10.12.2014) for the following reasons; their property for a length of 24 metres the site would be 6.7 metres to the new access avenue; would be greatly affected by the close proximity of additional traffic during building of and commercial operation of the planned development; if approved a condition should require the proposed access road be finished so that all construction and service traffic can use that route only; the road adjacent to our property be closed to traffic from the site; concerns of level of planting along the new access avenue due to loss of light and outlook and therefore seek a condition

that they should be restricted to the proposed avenue and specified to be of a deciduous type of modest size and well-spaced; would also seek a condition that any parking, taxi and coach pick up is not sited close to our property; the current access is very hazardous; we do not consider the proposed private link road shown to the new access is required and will make matters if safety and congestion worse.
5.8 The owner/occupant of Cronk Vue, Ballayockey, Andreas has objected to the application which can be summarised as (received on 10.12.2014); the new entrance will add to the difficulty for vehicles travelling to and from Ardonan Lane and Ballayockey; the traffic survey doesn't give a true picture of the speeds passing through this corner as a lot of vehicles will have slowed considerably to turn into the farm roads; concerned by light pollution; noise concerns from the vibrations taking place; proposed lakes will leave our ditches dry in summer; and concerns of noise of fireworks and impact to livestock as well as Chinese lanterns.
5.9 The owners/occupants of Ellan Geay, Ballayockey Lane, Regaby, Ramsey have objected to the application for the following reasons (received on 11.12.2014); no objections to new dwelling and renovations, but the marquees cannot be expected to contain the noise factor and would be intrusive especially on a regular basis; concerns of the new access drive because of the very close bend will little visibility; and Regaby is a rural, residential and farming area already heavily used by farm traffic and horses; the perceived extra traffic could be detrimental to local amenities, peaceful nature of the location and possibly the value of existing properties.
5.10 The owners/occupants of Thie Keirn, Ardonan Lane, Regaby, Ramsey have objected to the application for the following reasons (received on 11.12.2014, 19.12.2014 and

05.02.2015); The proposed entrance is not needed; concerns of trees along new access; concerns of construction vehicles impact upon enjoyment of their life; the proposed road should be conditioned to be put in first if the application is approved and the existing entrance of Ardonan Lane to Ardonan Farm house should be permanently blocked off to traffic; highway safety concern due to blind bend metres away; 34mph speed is incorrect as it should be far higher; experiences of a marquee event for the applicants own wedding and loud music could clearly be hear plus the fireworks later; noise and lights of additional traffic to the venue will be heard and seen by us; disturbances by the venue loud voices, car doors, revving engines, horns will also contribute to our disturbance; new access would be an additional hazard to uses of Ballayockey and Ardonan Lane; a proposal for earth banking along the new access road would not prevent light spillage to our property; and five years ago we had the applicants wedding and two years a further wedding with marquee and our property is equal distance between the proposed venue and this event, we could hear music, sound of voices.

5.11 The owner/occupant of Ardonan Nurseries, Regaby, Andreas have objected to the application for the following reasons (received on 12.12.2014); the raising of the water levels above my property will lead to water logging of my land seriously affecting my use and livelihood; noise from the proposed wedding venue will have a major effect on my house; concerns of noise form traffic and fireworks; no mention is made for any provision for lighting of the venue or road either; no confidence that the mitigation actions to monitor sound will happen; additional traffic will endanger myself and my tenant riding their horses out onto Regaby Road; proposed development will see a major change form good open farm land to amenity/parkland and tourism/entertainment use; and proposed venue will have major impact as the use will be during weekend and night time use and is also not confined to a small area. - 5.12 The owner/occupant of 37 Nealden Street, London (landlord of the area and house to the north of the site at Regaby Farm and house which is currently tenanted) has no objected in principle to the application, but makes the following comments which can be summarised as (received on 03.01.2015); ask for consideration of possible increase in noise and traffic

levels due to proposal; and simply ask for consideration be given so as not to detract from the peaceful enjoyment for the tenants of Regaby House.

- 6.0 ASSESSMENT

6.1 As identified at the start of this report the application can essentially be split into four parts; the destination venue, the conversion and change of use of the existing farm house and 'Spud Shed'; the creation of a new entrance and new access road; and the principle and design of proposed new dwelling. It is therefore proposed to consider each aspect of the proposal separately, albeit it is acknowledged that each proposal is connected. The destination venue - 6.2 From comments received from local residents, it is clear this aspect of the proposal results in the greatest concern to them, namely due to noise and traffic likely to be generated. These issues will be considered in due course. Other issues also need to be addressed in term of these proposals, namely, the principle of development and the potential visual impact of the destination venue upon the countryside. Principle of Development - 6.3 The site of the destination venue is within an area of 'white land' not designated for development. Given this, there is a presumption against any development. General Policy 3 does list a number of exceptions, where development can be allowed, although none are specifically relevant to the proposed destination venue. However, planning permission has been granted to developments within the countryside not designated for developments which are not identified with this general list. - 6.4 One such proposal was at Ballakaighen Farm, Whitebridge Road, Onchan which gained approval (PA 10/00838/B) for the seasonal erection of a marquee and portable toilet block to accommodate corporate functions and events (1st May to 30th September). This application was approved at Appeal by the Deputy Minister who concluded that:

"On the first issue, the appointed person concluded that the marquee would be unacceptable in the countryside. However, having regard to the fact that it would be in place for only part of the year, that it would have the appearance of a temporary structure, and it would form part of a compact group of buildings set some distance from the roads, the Deputy Minister judges that the effect on the countryside would not be so adverse as to warrant a refusal."

6.5 Accordingly, permission for a marquee has been granted approval within the countryside, albeit this is not a reason to automatically granted approval as each application is required to be judged on its own merits. Perhaps to fully considered the acceptance or not of the principle of development, it is first also worth considering the economic reasons put forward by the applicant for the proposal and the potential visual impact of the proposed destination venue within the countryside. - 6.6 In support of the applicants submission they have produced detailed report of the economic benefits of the proposals. They have categorised the business proposals into three sections, tourism opportunities, wedding & events and other ad hoc opportunities. In terms of just concentrating the wedding & events economic benefits at this stage, the applicants have indicated the following:

"The number of couples choosing to get married in a civil ceremony (as opposed to a religious ceremony in church) is rapidly rising. In the UK there is a substantial market for civil marriage ceremonies held in rural locations in converted agricultural barns or bespoke, built structures that have tapped into the growing market for these ceremonies, thus providing a lovely private venue for these couples and at the same time allowing farmers and other types of land owners a way of diversifying their incomes."

6.7 They also indicated that:

"There are no examples of this type of rural venue on the Isle of Man and the provision of licenses for civil ceremonies is largely limited to registry offices (often small and not romantic in nature) and hotels (large, impersonal and not private). This has led to many local couples going 'abroad' or to the UK for their civil weddings as their needs are not being provided for locally. Due to a combination of factors, we believe there is an exciting opportunity for the first civil ceremony and wedding celebration facility of this type to be created at Ardonan Farm. These factors include:

o My own strong background in marketing and event management and my desire and ability to run a home-based business of this type
o A 54 acre farm with the space for a new build wedding barn and potential for converting the existing farmyard to tourist accommodation to support the wedding barn and potential for converting the existing farmyard to tourist accommodation to support the wedding facility, as well as offering tourist accommodation more generally
o Good road access down a private lane and plenty of 'green field' parking space
o Spectacular rural, south facing, views towards the iconic Manx view of Sky Hill and Snaefell
o Complete privacy and no concerns about noise pollution or upsetting neighbours"

6.8 In terms of benefits to the local economic of the wedding event taking place on the site, the applicant have researched in detail the costs of a wedding and the amount of money which could be spent at the site and/or local business. They have researched and concluded that an event held at the proposed premises, based on 100 guests, would have an average cost of around £17,000. It is noted from research that the average cost of a wedding in the UK is £21,000. Based on 100 guests wedding, the applicants have also identified the following local types of business/persons who could benefit in economic terms from each wedding held at the site and the approximate cost. These local suppliers ranging from marquee hiring companies (£5000), waiting-on staff (£480), local food and beverage suppliers (£1000), local accommodation florists (£685), caterers (£2500), taxi firms (£480), local accommodation (£1200), photographers (£905), musicians/entertainment (£850), specialist lighting (£300), wedding outfitters (£2500), stationers (£465) Hen/Stag weekends (£300) etc, who could be locally employed to further boost the local economy, instead of business being potentially lost off Island. The approximate total money generated by the proposal could be £17,015 per wedding. The proposal also has the potential to attract person to the Island for weddings. This type of attraction is identified within the IOM Tourism Visitor Economy Strategy produced by the Department of Economic Development, as a "Growth Strategy" and

as a new market /diversification, albeit such ventures are identified as the "most risky".

6.9 Due to the potential economic benefits of the proposal the Planning Department sought advice from the Department of Economic Development (DED). Comments received indicated the following:

"This is a well thought out business project that has been developed over a period of time, with this planning application being first brought to the Department's attention in June 2012.

The applicant has kept DED informed of the proposals from day 1 and we have tried to guide them on submitting a detailed business plan and associated information with the planning application and they have always taken on board advice given. They have always acted with openness, integrity and thoroughness.

We have also worked closely with them to ensure that they have consulted with all relevant parties, particularly Government, which they have done.

Economic benefit from construction build of circa £2m provides further work for the construction sector and ongoing economic benefits are for the tourism sector (bed nights and associated spend etc) with an estimated potential spend per wedding of up to £17k locally. I

am also aware that they will be sourcing much of the food and drink etc locally and this will assist in supporting DEFA's Food Matters strategy.

I have no doubt that this will be a top quality sustainable development, providing much needed bed space and coupled with a well-considered business plan and their track record in business locally, I am very confident that this will be a successful business."

6.10 Further advice was also sought from the Tourism Division of the Department of Economic Development. The Head of Tourism stated the following:

"The Department of Economic Development has a duty under the Tourist Act (1975) to "maintain, encourage, develop, protect, promote and facilitate tourism in, to and from the Island to the best advantage of the Island."

The Department recognises that quality in all areas of accommodation is important and that the high quality 4 & 5 star self-catering provision is in demand on the Island as well as the unique wedding venue facilities that are proposed within this application. As suggested in our Vision2020 strategy, "…it is now vital that we continue to innovate. We need to identify opportunities, analyse where we need to change and develop ideas for our long term prosperity".

There is a recognised opportunity to develop both the self-catering product but also to extend this into a wedding venue whilst promoting local produce sectors on the Island to benefit the Visitor Economy.

The proposed accommodation at Ardonan Estate is of a high quality with the provision of 4/5 star characterful self-catering units. The location of the site, on a farm, offers a unique opportunity for visitors to stay in a unique setting, the owners have chosen a type of accommodation which is a unique visitor accommodation facility as the accommodation will complement the Wedding/Function business on the Isle of Man and would enhance the Island's existing product.

The proposal to include a new dwelling for the owners, whilst not viewed as a tourism product, has been designed to complement the self-catering and wedding structures, however in order for the owners to provide the high quality service which will be expected by their guests, is also welcomed.

This proposal is in sympathy with the Departments policy to encourage quality tourist accommodation and to promote diversification of product to boost the local economy.

The proposed development offers a significant addition to the Island's profile and an experience which is currently unique to visitors and in conclusion Isle of Man Tourism Division, Department of Economic Development, fully supports the application."

6.11 It is clear from the comments received from the Department of Economic Development that the proposal could provide a unique and high quality facility which cannot be currently found on the Island. It is also important to consider that over the last few years the Island has lost a number of facilities which would be able to hold such events, albeit not the proposed countryside setting, but in terms of number of guests, these being Mount Murray, Castletown Golf Links and The Grand Island Hotel.

6.12 It should also be noted that on the Isle of Man persons cannot marry in marquees, as wedding ceremonies can only be conducted in hard standing venues. Accordingly, the applicants indicated that if the current application is approved and the business is successful, they would seek planning permission for a purpose built permanent building to replace the currently proposed marquee site. However, this would need a further planning approval. Potential visual impact of the destination venue upon the countryside - 6.13 Consideration needs to be given in terms of the visual appearance of the destination venue within the countryside. The majority of the works would be lower level developments which would not be seen from public views. Arguably the temporary marquee building would be the aspect of the destination venue which would have the potential for having the greatest visual impact. The applicants have confirmed that any marquee would be hired/used on an individual basis by individual parties/customers. Accordingly, a marquee building could differ

at each event, with the marquee being removed from site the day after the event. Accordingly, it is difficult to fully assess the visual impact as the type, colour and size of marquee differ.

6.14 The topography of the site and surrounding land and mature landscaping within, around and between the site and public views, all help reduce the potential for the marquee building being significantly apparent. This is shown in the evidence provided by the applicant in the way of photographs and from the department visiting the site and surrounding countryside (winter period). From this information it is considered views of the site are restrictive and it is not considered a marquee building would be prominent or obtrusive within the countryside and being temporary in nature and conditioned to be removed will further reduce the potential impact of the structure. Potential impacts upon neighbouring amenities - 6.15 It is considered the occupants most likely to be affect by the development would be Thie Keirn, Fairy Oak, Ardonan Cottage, The Willows and the dwelling located within the centre of Ardonan Nurseries. This is not to say other properties in the area would not by potentially affected be the development; however, it is considered the impacts would not be

as great, as those being closest to the proposed developments.

6.16 The residential properties Thie Keirn, Fairy Oak, Ardonan Cottage, The Willows are all located along the western side of the existing Ardonan Lane and essentially form a small group of dwellings. As identified earlier, only the first 100 metres of the existing Ardonan Lane, measured from the junction with Ardonan Lane, is shared with these properties and the application site. After 100 metres the existing land splits into two, one serving the application site only and the second serving Ardonan Cottage, The Willows and Ardonan Nurseries which is further to the south of the group of properties. It should be noted the existing Ardonan Lane runs adjacent to the boundaries of these properties. - 6.17 The new proposal will essentially create a new access and lane which runs from Ardonan Lane, past the properties of Thie Keirn, Fairy Oak,& Ardonan Cottage and join with the existing lane which serves the application site only. The proposal is essentially a by-pass to help mitigate the potential noise and light disturbances to these properties. The new lane will run parallel with the existing lane but will retain a gap of between 12 metres and 32 metres measured from the new lane to the closest aspect of the properties. Ardonan Cottage (12m) & The Willows (15m). Between the new lane and these properties the applicants have proposed to utilise the existing earth banks and landscaping as well as additional planting. In relation to this concern the applicant indicated that there is a existing substantial Manx sod bank (between 1.5 and 1.8m high) opposite the properties on Ardonan Lane which will act as a buffer to any engine noise generated for the adjacent properties. Furthermore, they indicate that; "Due to the revised access arrangements, all traffic for the Estate will always be on the 'other side' of this bank, i.e. further away from the properties than as existing and

the orientation of the access road relative to the existing properties means that headlight pollution will not occur. The applicants also stated they have no concern of undertaking additional planting, albeit they do not want to create any issues for the neighbours regarding obstructing light etc.
6.18 The usage of the events venue is a key consideration also when determining the potential impact upon neighbouring amenities. The applicants have indicated that they would like to hold corporate or wedding events no more than 4 times per month between April and September inclusive and once per month between October and March, i.e. a maximum of 30 per annum. In terms of hours of operation, the applicant proposes that events would end no later than 23.00 between Mondays and Thursdays inclusive and 01.00 on Fridays and Saturdays with music restricted to an agreed reduced level from midnight on Fridays and Saturdays.
6.19 The potential concern relating to noise and disturbance is due to passing traffic along the lane to the neighbouring property. They have subsequently taken advice from an Acoustic Consultant. They have undertaken an assessment and anticipated noise levels generated from several cars travelling at 30mph (the access road to the estate will have a speed limit of 10mph, so noise readings will be lower than 30mph as indicated below) would be 31 dB(A), which is less than the existing background noise levels on site (41 dB(A)), which were measured at the same time of day. The Acoustic Consultant also notes that assuming 10-15dB reduction for an open window, internal noise levels due to the traffic would be less than 21 dB(A). Furthermore, they again identify that the densely vegetated, Manx bank (approximately 1600mm and 1750mm respectively in each case) which lies between the proposed access road and the houses (Thie Keirn and Fairy Oak); this will act as a substantial buffer to any noise generated.
6.20 In terms of impacts from the marquee building, then main issues related to music, especially amplified music which is normally found at wedding/corporate events. The applicants have employed an Acoustic Consultant (Sound Engineer) who produced a detailed 'Noise Impact Assessment' report.
6.21 The report identified that the residential property closest to the proposed marquee was the dwelling within Ardonan Nurseries, which would be approximately 125 metres to the west of the marquee site (proposed new dwelling approximately 100 metres to the northeast). It was also identified that a large greenhouse was sited between this neighbouring dwelling and the site. For reference the commercial greenhouse measures approximately 45 metres wide and a depth of 90 metres.
6.22 They identified that the noise levels within the marquee are likely to vary depending on the nature of the event within the marquee and a number of scenarios have been considered such as; noise levels in a busy pub; noise levels in medium disco and noise levels in a loud disco/live singer etc.
6.23 In summary of the detail assessment; the reporter essentially has taken noise readings of the site on 23rd September 2014 between 21:15 and 00:00 which is likely the quietest period of the day over which the marquee will operate. This noise reading established a background reading of the site and given the quiet nature of the area, it was assumed the noise level on the application site where similar to Ardonan Nurseries. The reporter then utilised the background noise readings taken from the site and taking examples of different types of noise generating activities (as listed in paragraph 6.20) was able to calculate the potential impacts of the different uses to Ardonan Nurseries. It is understood that noise levels 5 dB below the background noise level is suitable to prevent excessive disturbance from noise.

6.24 The report identifies that events without amplified music; "The noise levels due to the marquee are well below the limiting criterion at all frequencies and therefore the impact of the marquee for events without amplified music is likely to be negligible." - 6.25 For medium disco events the report states: "As can be seen the noise levels due to the marquee are below the limiting criteria at all frequencies and therefore the impact of the marquee for events with a medium sized disco such as a typical wedding or party are unlikely to be significant." - 6.26 With regard to the noise impact of a loud disco/live singer etc the report indicates that: "As can be seen the noise levels due to the marquee exceed the limiting criterion, particularly

at 250Hz and 500Hz frequencies and therefore we would recommend additional mitigation measures are taken if this type of event is to be held regularly within the marquee."

6.27 Due to this the reported has recommend that: "The marquee is suitable for general events not using amplified music or employing a medium sized disco without further mitigation. If it is desirable to regularly use the marquee for events where a loud disco or live singers / performers are to be employed we would recommend additional mitigation to the marquee.

We would propose mitigation in the form of an additional 18mm MDF lining to the western side of the marquee to increase the sound insulation of the structure in the direction of the noise sensitive properties. The MDF panels should be supported by the marquee frame, or by suitable stands from the ground and with the western wall of the marquee to the full 3m height of the marquee walls.

In addition to the lining the marquee should be arranged with the dance floor / disco area and loudspeakers at the western end of the marquee close to the MDF barrier and also with speakers close to the ground to maximise the additional attenuation due to the barrier".

6.28 Such recommendation could be undertaken via a condition could be attached. - 6.29 The reporter has also provided an assessment if the above recommendation is undertaken; "…the noise levels due to the marquee are below the limiting criterion at the majority of frequencies, with a small exceedance of 4.5dB at 500 Hz and 3.0 dB at 250Hz. The exceedance of 4.5 dB is greater than 3dB which is generally accepted as the minimum increase which is likely to be perceived under normal listening condition, but is still below the existing background noise level. Therefore, the noise impact of the marquee with the additional barrier mitigation for loud discos / live singer events is unlikely to be significant." - 6.30 The Sound Assessment also indicated that if it is desired to meet the 5dB below preexisting background noise level they would recommend that the MDF linings are installed as detailed above, and the noise levels within the disco are reduced i.e. the sound system level being set to a particular level. The report indicates that these levels are below the assumed maximum levels for loud disco / live singers these levels are still likely to be sufficient for such

an event, but will need to be monitored and controlled by the site management to ensure that they are not exceeded. Such restriction via conditions could be attached.

6.31 Reference has been made that the applicants held their own wedding reception in a marquee on the site a few years ago and this lead to excessive noise to some of the local residents. The applicants have confirmed that their marquee was not located on the application site, but approximately 340 metres north of the proposed marquee, and approximately 70/80 metres east of the neighbouring properties Thie Keirn, Fairy Oak,

Ardonan Cottage, The Willows. The marquee was also located on land which is more exposed and the topography of the land was one of the highest points on the site. Furthermore, no particular arrangements as recommended by the Sound Engineer now, were undertaken. Accordingly, it is needs to be noted that there are substantial differences between the current proposal and what occurred previously.
6.32 Overall, it is considered, given the distance from the marquee building would be from neighbouring properties, the existing/proposed landscaping and built structures between the marquee and neighbouring properties, and with appropriate worded conditions as recommended by the Sound Engineer; it is considered the use of the marquee for events would not have a significant impact upon neighbouring amenities to warrant a refusal.
6.33 In relation to fireworks and Chinese Lanterns the applicants have confirmed that; "…no Chinese lanterns will be used at any time on the Estate; for clarification, the reported issues surrounding their use had not been widely published or known to the organisers when such lanterns were used during a wedding in 2009."
6.34 Regarding the use of fireworks, there is concern that the noise created by fireworks would adversely impact the residential amenities of neighbouring properties and livestock/horses nearby. On this matter the applicants advise that;

"With regard to fireworks, the Applicant confirms that it will accept the prohibition of the use of the same outside those times (i.e. bonfire night and New Year's Eve) when everyone knows there will be extensive fireworks across the Island and will deal with their animals accordingly; as noted above, the primary concern with imposing a greater restriction than on the general public is that it would prejudice the business and potentially prevent it from holding events at these busy times."

6.35 Advice was also sought from the Isle of Man Fire and Rescue Service to see if any Legislation was in place which restricts the use of fireworks during certain periods of the year. They advised that fireworks can be set off without notifying the Isle of Man Fire and Rescue Service from Friday 31 October 2014 until midnight on Monday 10 November 2014. Also, from Sunday 28 December 2014 until midnight on Monday 5 January 2015. Organisers of private fireworks displays outside these dates must notify the Fire and Rescue Service and place a public notice in the local press to advise people when and where the display is to be held. - 6.36 Whilst the applicants would prefer to be able to use fireworks unrestricted, given the sites rural location and being located to nearby farms/fields/equestrian uses and given no evidence been provided that fireworks would not adversely affect livestock/horses in the area, it is considered that fireworks should be restricted from being used on the site, except for bonfire night and New Year's Eve, when it is considered reasonable that owners of livestock/horses would make the necessary arrangements, whether the site was being used for events or not. Whilst it is noted that legislation is in place where private fireworks displays must notify the Fire and Rescue Service and place a public notice in the local press, it is not considered having potential fireworks displays at every event, would be reasonable or fair to local residents/farmers, who may need to make special arrangements each time, especially for livestock/horses. This particular issue has been brought to the attention to Department of Environment, Food and Agriculture and the Wildlife Division from this Department make the following comments:

"From a wildlife perspective, though I am sure that animals would feel less threatened without occasional fireworks or loud music, and it might disperse them from the immediate vicinity, I do not feel that this is a matter that I would object to, unless Schedule 1 birds were breeding closeby or it would affect a bat roost. Bird data is available from Manx Birdlife and a bat survey is awaited."

6.37 Overall, whilst the proposed use of the site as a destination venue will increase noise levels in the area and potentially increase the likelihood of potential disturbances to local residents, it is not considered form the information and evidence provide that the level would be so significantly to warrant a refusal on these grounds. However, this conclusion is based on appropriately worded conditions being attached to any approval. Principle of change of use of existing dwelling and 'Spud Shed' for the purposes of tourist use - 6.38 The applicants have indicated that the proposal provides an ideal opportunity to create a number of tourist units through the conservation, refurbishment and extension of existing buildings. They highlight that it is their desire to preserve and restore the existing farmhouse for the purposes of creating a high specification 5 tourist let that would provide 8 bed spaces available for year-round rental. The farmhouse already benefits from an extant Planning Approval under Planning Application 12/01695/B and these proposals have been incorporated as approved within the context of the current Application. The retention and restoration of the 'spud shed' would provide further 5 accommodation with two double bedrooms (4 bed spaces), plus a room for 2 x bunk beds, thus providing space for two families - therefore, without any new build development, 16 new high-end bed spaces would be provided for year round let. - 6.39 Business Policy 13 indicates that permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents. There are no residential properties in the vicinity of the existing dwelling; and therefore it is not considered the use of this building for tourist accommodation would compromise the amenities of neighbouring residents. - 6.40 The submission includes projected economic development and employment from the tourist lets as well as benefits to the local economy by the development which includes; employment opportunities for a housekeeper, grounds man/handyman, seasonal gardeners. The submission includes examples of business, namely in the north of the Island, who could benefit from the proposal (catering, Manx products in Hampers, florist for flowers within the rental units; beauty therapists/massage for visitors; Bike hire; and benefit of circa 400-600 tourists per year engaging in the local tourist activities on the Island). - 6.41 In terms of parking provisions, these are located within the ownership of the applicant, where at least two off road parking spaces can be found. Highway Services have no objection to the proposal. - 6.42 Overall, It is considered the use of the existing residential dwelling and the 'Spud Shed' for tourist accommodation would have a similar impact, whether it is used for tourist or permanent residential use and therefore would not have a significant impact upon the residential amenities of nearby properties. Conversion of exiting barn - 6.43 The starting point for a proposal to convert an existing building/s in the countryside to dwellings would be Housing Policy 11. There are a number of criteria indicated within this policy, which any proposed development must comply with. - 6.44 With regard to paragraph (a) of Housing policy 11, the barn is not used in relation to agricultural (i.e. its original use) and therefore it is clearly redundant. Furthermore, from comments received previously from the DEFA this type of barn can no longer be used for modern agricultural farming either for storage of equipment or keeping of animals (animal welfare standards). It is therefore considered the redundancy has been established and conforms to Housing Policy 11.

6.45 With regard to paragraph (b), this item deals whether the building is substantially intact and structurally capable of renovation. Included in the submission is a structural report for the stone barn. In summary these reports indicate that:-

"The existing building is in poor condition and is suffering from significant structural defects, It is understood that the preference is to retain the building due to its 'character' if at all practical; and this report has been written on this premise."

6.46 The reporter goes on to state:

"Measurements of external wall plumb are recorded on the attached plan. Plumb measurements to the front wall were of concern; however they were not considered sufficient to warrant re-building of the wall. Subject to appropriate remedial works the wall should remain stable. The right side rear wall is bulging outward at mid height by up to 30mm vertically. This degree of deflection is not considered sufficient to warrant any specific remedial works. The cracking of the left gable is significant and the rebuilding of this wall with it new foundation and properly coursed and bonded In to the front and rear walls is necessary."

6.47 It is clear that works need to be undertaken and a schedule of remedial works has been included within the Structural Report Whilst the works, especially the rebuilding of the left end gable wall with new foundations, arguable go beyond the provisions of Housing Policy 11; it is considered given the character, quality and constructed of 'Ballacorey Brick' which are not as common as the more comment Manx stone barns, it would be a great shame not to allow the conversion of the building, which would otherwise be lost in time. Accordingly, it is considered the works required to be undertaken are acceptable, and would still retain the charter and quality of the existing building for future generations. - 6.48 With regard to paragraph (c) of Housing policy 11, the existing building is appears to be constructed of 'Ballacorey Brick' which was a brick used primarily in the north of the Island. The part single/ part two storey barn has retained its character and quality and certainly has architectural interest significant to warrant its retention. Overall, it is considered that the barn is worthy of renovation and conversion and therefore complies with this aspect of Housing Policy 11. - 6.49 With regard to paragraph (d) of Housing policy 11 this policy states that the building is 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. This is perhaps the main issue with the proposal. The existing building has a floor area of approximately 110.6 sqm. The proposal does include the demolition of a single storey extension to the rear of the barn and replaced with a single storey extension and a first floor extension. It should be noted the first floor extension is very contemporary in design and part of the extension would appears to float above the ground, given there is no built development below it. The proposed extensions result in an additional floor area of 57 sqm. Taking into account that the proposal involves the remove of an existing extension (20.1sqm), and given the size of the existing barn to be retained, the proposal would represent a 33% increase (total 147.5 sqm) over the existing floor area. - 6.50 The main aspect and character of the barn is the front elevation, the proposed works would ensure this traditional appearance is retained and improved, utilising existing window openings and finished in traditional materials. The extension to the rear elevation is more contemporary in design and appearance; however, it is considered this would be beneficial to the existing barn and is a unique and of a high quality in terms of design and finish. It is also noted the proposal would tie in with the existing farmhouse which also benefited from a

previous contemporary extension. Overall, given the rear extensions size, design, finish and position to the rear of the barn; it is considered to be a subordinate extension which does not affect adversely the character or interest of the building.
6.51 Paragraph (e), questions whether the use would be compatible with adjoining established uses. The property most affected is Ardonan farmhouse which is within the same ownership of the applicant and immediately to the southwest of the site and forms part of the overall estate. The proposed use would be for self-contained tourist accommodation, which includes the usage of the building for events held at the destination venue. The main farm house is also proposed to be used for self-contained accommodation. Accordingly, it is considered the proposal would be compatibility with adjoining established uses.
6.52 The final issue relates (paragraph f) to whether the building is or can be provided with satisfactory services without unreasonable public expenditure. The applicant has indicated that services already exist and therefore the proposal would also comply with this aspect of Housing Policy 11.
6.53 Overall, it is considered the proposal to convert the existing barn would comply with Housing Policy 11. Highway safety
6.54 A number of concerns have been raised due to Highway safety issues, due to the proposed new access onto the B7.
6.55 On the matter of Highways the applicants have indicated that "As the Destination Venue would be the element which generates most vehicular traffic it is considered that the new vehicular entrance and upgraded lane should be implemented at the same time. as part of phase 3. A number of consultation meetings took place in 2012 with Kevin Almond at the Highways Division, as always, Mr Almond was extremely helpful and his assistance is much appreciated.

A traffic count at the proposed junction with the public highway was commissioned and undertaken by the Highways Division and this generated an 85th percentile speed of 34 mph. At a meeting on 14th November 2012, Mr Almond confirmed that, to achieve the best possible solution, a set-back of 2.4m would be acceptable and a visibility splay of less than 70m may be acceptable. However, it has been possible to arrange the new vehicular entrance to successfully achieve both parameters with a set-back of 2.4m and a visibility splay of 70m to the right and in excess of 70m (100m) to the left; this is illustrated on drawing number 109/641, which also indicates an inter-visibility distance of 52.5m to and from a car waiting to turn right into the Estate, as requested by Mr Almond."

6.56 The applicant also comments that: "Drawing number 109/641 also indicates the revised and improved access for farm vehicles to enter and exit the farm land. Currently, such vehicles must park on the public highway whilst opening or closing the existing field gate, thus causing an obvious hazard to the safety of both the farmer and other road users. The revised arrangement, which was confirmed as 'sufficient and effective' by Mr Almond, allows such vehicles to park completely off the highway, open or shut the gates as necessary and enter/exit the fields with a clear view of any traffic en route to or from the rest of the Estate. The remaining farm areas are accessible thereafter without crossing over with non-farm traffic: however, the proposed new farm lane provides an important alternative access to the lower fields.

Once vehicles are off the public highway, the traffic management proposals will limit their speed to 10mph."

6.57 Highway Services have provided a detailed assessment on this matter and concluded that; "The visibility for vehicles exiting the access is acceptable and the visibility splays should be protected by condition.

The forward visibility for vehicles approaching from the east is acceptable."

6.58 In terms of parking provision the proposed scheme would provide a potential total of 71 spaces, more than the required 17 cap parking spaces required by the parking standards of the IOM Strategic Plan. Highway Services have no objection to the level of parking provided. - 6.59 Overall, from the information provided and comments made by Highway Services, it is considered the proposed new access would be appropriate to serve the development without adversely affecting Highway Safety for all road users. The proposal therefore complies with Transport Policy 4 of the IOM Strategic Plan. Principle and design of proposed new dwelling - 6.60 Fundamentally, in terms of planning policy there is a long established presumption against new residential development in the countryside/land not designated for development. As identified earlier within the planning policy section of this report, this presumption against is set out in three different ways. Firstly, the application site is not zoned for residential development under the 1982 Development Plan Order. Secondly, General Policy 3 of the Isle of Man Strategic Plan, states that in such areas new dwellings will generally not be permitted. Thirdly, the site is not identified in an adopted Area Plan as being within a town, village, or within a sustainable urban extension and therefore contrary to the exceptions indicated in Housing Policy 4 and therefore a refusal can also be legitimately made on that basis as well. - 6.61 The proposed dwellings do not serve a viable agricultural holding nor replace an existing dwelling and therefore there are no special circumstances to warrant the setting aside of the presumption against development. The development proposed by this planning application is therefore clearly contrary to the current policies of the Department. - 6.62 Approval of such a scheme could undermine the development plan led system. The purpose of the planning system is to control the use and development of land in the public interest. That requires a consideration of what is most appropriate for the population of the island as a whole. The protection of the Manx countryside from development and the presumption that new housing should be directed to locations consistent with the principles of sustainable development are two of the most important themes running through the Strategic Plan, the purpose of which is to establish a consistent framework within which the public interest can be served by the planning system. When making a planning decision that has permanent consequences (such as the erection of a dwelling as is proposed here) it is also essential to bear in mind that the development sought will endure long after the circumstances of the current applicant have ceased to exist. - 6.63 Accordingly, for these reasons the application on this basis alone could be refused on the ground that: "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. For these reasons the proposal would be contrary to Spatial

Policy 3, General Policy 3, Environmental Policies 1 and Housing Policy 4 of the Isle of Man Strategic Plan."
6.64 However, arguments in favour of dwelling have been made by the applicants. Whilst they accept that the proposal to build a new dwelling does not easily fall under any residential policies in the Strategic Plan, they considered that the benefits of permitting this element, as an essential and final piece of the estate 'jigsaw', would, on balance, comply with the overarching spirit of many policies in the Strategic Plan. They highlight that the construction of the new dwelling would make the foregoing phases, and the Estate as a whole, work. They also provide further reasons in favour of the new dwelling and the need of the dwelling on this site:

o "The success of the venue and the tourist accommodation primarily relies on the creation of the 'small working country estate'; this is why people will wish to get married there or come to visit and explore the Isle of Man. Without the principal dwelling - the 'Estate House' - the other elements will only ever be a collection of refurbished buildings in a former farmyard; there will be no 'estate' nor any particularly outstanding appeal to the destination
o The very substantial financial investment (Approximately £1.3 million being spent for phases 1,2) being made by the Applicant is with a view to creating a lifelong, sustainable, 'lifestyle' business where Paul and Tiffany Kerruish can work whilst raising their family; the creation of a special 'sense of place' is critical both to the business and to them personally this land has been, and will continue to be, farmed by Paul's family for a very long time
o The economic benefits to the Isle of Man and, in particular, the surrounding area in the north, in terms of income, business generation and employment opportunities, has been detailed at length in the submitted Design Statement. However, it must be remembered that the first two employees of the business are Paul and Tiffany (applicants); the subsequent employees will be required to supplement their input as the business grows, with some staff being required immediately whilst others will be further down the line. The 5* standard of the accommodation, the built element of which is illustrated in the submitted mood boards, relies not only on the high quality of finish and fittings but also on the level of bespoke service provided; that level of service will require 24/7 access, so living on site is essential."

6.65 The applicants conclude that: o "Without the family dwelling, the overall proposal is not viable. Consequently, the project would not proceed and the opportunity to create diverse and sustainable development and economic activity would be lost; much of the Strategic Plan and the Government's initiatives are aimed at generating such activity, whether by inward investment or by local people who are prepared to invest in the Island's future" - 6.66 Support of the proposal and the new dwelling has been received by the Department of Economic Development with the Tourist Division indicating: "…The proposal to include a new dwelling for the owners, whilst not viewed as a tourism product, has been designed to complement the self-catering and wedding structures, however in order for the owners to provide the high quality service which will be expected by their guests, is also welcomed." - 6.67 It needs to be clearly highlighted that this application would result in the creation of a new dwelling in the countryside. The Tourism Division during discussion with the Planning Department have also indicated that whilst being on site is beneficial to provide a quality service to guests, it is not essential. The fact a person is contactable via phone is the essential part to providing a service.

6.68 It should be noted that for the business to work provision for tourist accommodation is required. The benefit of reusing the existing buildings, including the existing dwelling, on the site provides suitable accommodation that fits with the overall aim of the destination venue which is to provide a high quality accommodation appropriate for the countryside setting. An option was discussed that the applicants could live in the main existing farm dwelling and a separate building be constructed for the tourist accommodation. However, this would not have been able to replicate the traditional property (restrictions on Building Regulations) and would still have resulted in a new building which could be considered to be tantamount to the creation of a new dwelling. - 6.69 If the Planning Committee is minded to approve the application there are potential conditions which could be attached which could be attached to try ensure the proposed development is undertaken as proposed. These could include: o that the proposed phasing works as indicated by the applicant is completed and the business has to be operating before any works commence on the dwelling; - 6.70 There are benefits to the proposed destination business and the overall Estate with the dwelling on the site; however, whether these are sufficient to overcome established planning policy that is the question. - 6.71 Turing to the design, siting and size of the proposal, the proposal would be contemporary in design taking account of the topography of the land. As there is no planning policy in support of new dwelling in the countryside, there is also no specific policy/s which relate to how a new dwelling in terms of design and size. In terms of the visual appearance of the proposal as indicated within paragraph 6.14 of this report, the existing site due to the topography of the site and surrounding land and mature landscaping within, around and between the site and public views, all help significantly reduce the appearance of built structure on the site. For these reasons and given the proposed dwelling design and finish it is not considered the proposal would be significantly apparent from public views. However, the fact that the dwelling is not significantly apparent from public view is not a reason to allow the development. - 6.72 The applicants have provided the following comments in terms of the design and position of the dwelling:

o "The overarching intent is to create a future legacy building (the Estate House) as part
of the overall estate
o Its design therefore reflects historical Manx rural forms and materials, used in a contemporary manner, so that it is appropriate both now and in the future
o Its form has been designed to maximise passive environmentally sustainable measures (large areas of glass for solar gain and dense construction to create heat sumps, for example) to reduce its carbon footprint
o If required (once the house has been designed in detail), it will be heated by the proposed district biomass scheme to be utilised for the tourist accommodation and venue
o The location of the proposed dwelling has been selected for a number of reasons as explained in detail in the Design Statement but, in outline:-
o It is virtually imperceptible from any public vantage point or neighbour
o Its curtilage is a natural extension of the existing curtilage and, in time, will not appear as an 'addition'
o It is sufficiently removed from the business to maintain appropriate levels of mutual privacy and amenity whilst being close enough to properly service and manage the same
o The Applicant wishes to construct the dwelling, and run the estate, using best environmental sustainability practice; for these purposes, its location on a south facing slope, unfettered by dense tree planting, is essential".

6.73 Overall, if it is considered the justification of the new dwelling is considered acceptable, then the siting, design and size of the dwelling is acceptable and would not have significant impact upon public amenities, and result in a building of innovative, modern design where this is of high quality and would not result in adverse visual impact. Other matters arising - 6.74 Concerns have been raised by neighbouring land owners that the proposed pounds/dubs would have an adverse impact upon the source of drinking water for livestock downstream of site. The applicants have provided further calcifications on this matter and have indicated that there appears to be a misunderstanding of what effect the proposals will have. They indicate that; "Currently, despite a suggestion to the contrary by one of the parties, I understand that the surface water discharges from the Application Site as described in the submission documents, to a meadow (owned by the Applicant) from where it disappears underground; one substantial source of this ground water is springs which are located on the Application Site. The critical point here is that there are no proposals to materially alter these arrangements; the marginal wetland areas and ponds (not lakes) already exist when there are high levels of rainfall and reduce in size/disappear when there are not. These areas have simply been formally identified to assist with the explanation of the overall, wide-ranging, Agroenvironmental improvement proposals. At most, the work to the 'new' ponds will involve a small 'scrape' to help give some definition in these areas. This is all in line with prior and ongoing consultation with both Andree Dubbeldam of Wildflowers of Mann and Dr Richard Selman at DEFA."

- 7.0 RECOMMENDATION

7.1 Overall, the application is very finely balanced, it is considered the proposed destination venue, tourist accommodation and associated works would have the potential to provide a very high quality and unique facility on the Island. There will be impacts upon the amenities of local residents and upon the character of the countryside due to the proposed new uses which would be introduced to the site. However, the potential impacts, subject to appropriately worded conditions, are not considered to be so significant as to warrant a refusal. - 7.2 In terms of planning policy, the proposed new dwelling requires the potential greatest exception outside planning policy and where the greatest issue with the submission lies. There is the concern that allowing the development could set an unwanted precedent for further residential development in the countryside. Arguments for the new dwelling have been made by the applicant's that this submission is unique, given:

o The proposed usage of the site and the reasons which should accommodation is required, the high quality setting of the site which is a mixture of woodland and open countryside with views over the Northern Plains up towards Sky Hill with Sneafell beyond;
o The site and existing buildings which can be used for the proposed tourist uses/destination venue;
o The topography of the land which reduces the potential visual impacts from public views;
o The position of the proposed dwelling on the site to the existing buildings, which enable the applicants to provide a high level of service to visitors whilst also maintaining the upkeep/running of the estate and destination venue/tourist accommodation; and
o The dwelling siting immediately adjoining the existing buildings would appear as a part
of the estate rather than an isolated dwelling in the countryside, and would require the new property sharing the access/lane and would not be easily severed.

7.3 However, against the proposal are the reasons listed within paragraphs 6.59 to 6.62 of this report and the provisions of the Development Plan and the IOM Strategic Plan which seek

to protect the countryside from development and seek sustainable development. These have significant weight attached when determining the application. Furthermore, there are concerns that whilst the overall aim of the application is to create a Country Estate which also includes a 'destination venue' for events, there is concern that the proposed new dwelling would not be used in terms of the events, either for providing guest accommodation or for persons to use exclusively for the event for receptions etc. This is not normally the case for Country Estates/Halls which utilise the existing building for receptions/events/guest accommodation etc. There are examples where marquees are still used to these properties; however, the marquee is used more as an ancillary building (generally due to larger number of people during the reception) with the main building still being the main focal point for accommodation, wedding ceremony etc. The proposed new dwelling would be utilised as a single dwelling only.
7.4 In conclusion, whilst the majority of the development proposed is considered acceptable, the justification and reasons for the new dwelling are not sufficient to warrant the setting aside of the adopted and established planning policy which restricts new residential dwelling in the countryside. Accordingly, it is recommended the application be refused.
7.5 However, should the Planning Committee disagree with this recommendation and consider the application should be approved the following conditions are recommended to be attached to any approval:

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials which should be dark in colour and any fencing. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwellings hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.
C 3. All marquees or similar temporary structures/building, may only be erected for a period of no greater than 3 days (this period includes the installation and taking down) and only within the area designated as "Serviced grassed events space" on drawing Nr 109/603. Furthermore, for any event which requires amplified music the mitigation methods outlined within Section 8.0 of the submitted Noise Impact Assessment Report dated 8th October 2014 are required to be implemented in all cases. Reason: In the interests of residential and public amenities

C 4. Noise levels generated by the use of the marquee, including amplified music, after 2300 hrs must be no greater than 40 dB LAeq, 5 minute or no louder than background noise levels, whichever is the higher, measured at the façade of neighbouring residential premises. Reason: To safeguard the amenities of occupiers of nearby properties.
C 5. All amplified or loud music shall be switched off at midnight. Reason: in the interest of residential amenities
C 6. No fireworks may be used on the site and/or in association with an event on this site with the exception of Bonfire Night and New Year's Eve. No Chinese lanterns may be released from this site and/or in association with an event on this site at any time. Reason: in the interest of residential amenities and livestock welfare.
C 7. Prior to the operation of the destination venue the "field car parking" as indicated on drawings Nr 109/603 and 109/642 must be available for use and shall be returned thereafter.

Reason: to ensure an acceptable level of on-site parking is available in the interest of highway safety and residential amenities.

C 8. There shall be no external lighting of the development hereby approved, including but not limited to the entrance of the site, success lane, filed car parking, footpaths, landscaped gardens and fields, unless approved following the submission of an application for the same. Reason: In the interests of the character and appearance of the site and surrounding area.
C 9. No development may commence to the new dwelling until phases 1, 2, 3 and 4 as listed within the submitted 'Design Statement' received on 17th November 2014 have been completed and the destination venue is in operation fully. Reason: The permission is an exception to planning policy.
C 10. Should the business cease all works to the field to create the car park area, viewing area and the serviced grassed events space must be removed and the field restored to its original state. Reason: In the interests of the character and appearance of the site and surrounding area.
C 11. There shall not be any more than four events per month held at the site between April and September and only one per month between October and March. Reason: In the interests of public and residential amenities.
C 12.

Events on Mondays to Thursdays shall finish by 2300hrs. Events on Fridays and Saturdays shall be finished by 0100hrs. No events shall be held on a Sunday.

Reason: In the interests of public and residential amenities.

C 13. No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the bats.
C 14. 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 15. 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 within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
C 16. No development shall commence until a detailed, scaled plan is submitted to and approved in writing by the Planning Department which provides details of a lockable gate along the existing lane adjacent and to the east of Ardonan Cottage and this approved scheme shall be implemented prior to the operation of the destination venue and retained thereafter. This gate shall remain closed and locked during all events (with the exception of any emergency vehicle/s). Reason: In the interests of residential amenities.
C 17. All traffic associated with any event is only allowed to utilise the farm lane highlighted in a light blue colour on drawing 109/604. Reason: In the interests of residential amenities.

8.0 PARTY STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services and the Local Authority in whose district the land the subject of the application sits.

8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

Department Environment, Food and Agriculture - Senior Biodiversity Officer The owners/occupants of Ballayockey Beg, Ballayockey Lane, Regaby, Ramsey The owners/occupants of Ballayockey Farm, Regaby, Andreas The owners/occupants of Fairy Oak, Ardonan Lane, Regaby, Andreas The owner/occupant of Cronk Vue, Ballayockey, Andreas The owners/occupants of Ellan Geay, Ballayockey Lane, Regaby, Ramsey The owners/occupants of Thie Keirn, Ardonan Lane, Regaby, Ramsey The owner/occupant of Ardonan Nurseries, Regaby, Andreas The owner/occupant of 37 Nealden Street, London

8.3 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: Manx Utilities Authority - ELECTRICITY

SUPPLEMENTARY REPORT The Planning Committee refused the application but for a single reason related to the style and design of the proposed dwelling. The Committee was content that the principle of a dwelling here would be acceptable and that all other aspects of the application were either acceptable as proposed or as modified by condition.

Recommendation Recommended Decision: Refused Date of Recommendation: 23.04.2015 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval

N : Notes attached to conditions R : Reasons for refusal
O : Notes attached to refusals

R 1. The design of the proposed dwelling is not considered to be appropriate to a setting which is characterised by vernacular buildings in compact and simple form and as such the dwelling would have an adverse impact on the character of the countryside, contrary to Environment Policy 1 which protects the countryside for its own sake. Furthermore, the dwelling would fail to create an estate form of development where the main and subsidiary buildings have a

consistent or complementary character but rather the new dwelling would stand out as an incongruous and obvious addition to the building group.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : ……PER…… Committee Meeting Date : ..18.05.2015 Signed :………S CORLETT………….. Presenting Officer

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

YES/NO

Officer Report

Source & Provenance