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Application No.: 15/00590/B Applicant: Mr & Mrs John Quilleash Proposal: Demolition of existing outbuilding and erection of a detached dwelling with integral garage Site Address: Barns Ballaragh Old Farmhouse Ballaragh Laxey Isle of Man Case Officer : Mr Edmond Riley Expected Decision Level: Planning Committee
THE APPLICATION IS TO BE CONSIDERED BY THE PLANNING COMMITTEE DUE TO THE HISTORY OF THE SITE
1.0 THE SITE - 1.1 The application site is the curtilage of the barn to the rear of Ballaragh Old Farmhouse. The barn is of Manx stone construction and in an "L" shape arrangement. It is directly to the rear of Ballaragh Old Farmhouse. The main openings in the barn are on the elevations facing towards Ballaragh Old Farmhouse; all the windows are timber but are in a very poor state of repair. The roof is slate and appears to be in reasonable condition, as are much of the stone walls of the barn. The barn's character is provided mainly by its fenestration in that it has a number of window and door openings of varying sizes and eave positions, primarily facing into the courtyard area, that give an attractive jumbled appearance. - 1.2 The application site is accessed off the Ballaragh Road; the access is shared with Ballaragh Old Farmhouse. There is a public footpath which runs past the front of the barn. To the north, east and south east there are open fields which stretch down to the coast road. Views of the sea are possible from the site.
2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the demolition of the barn and its replacement with a dwelling of identical size, shape and position, but with different window and door arrangements in order to make it appear as a barn conversion. The main living area would be on the first floor with the bedrooms at ground floor. To the east would be a single garage. The building would have stone walling, while the garage would be timber clad. - 2.2 Changes are proposed to the access arrangements. The existing wall to the highway would be lowered in height to 1050mm for a length of 36m to the north and 12m to the south. To the south, there is an existing house preventing any further improvement to the visibility. The existing access would also be widened slightly.
2.3 Following concerns raised relating to the lack of a bat survey and also the accuracy of the site plan, additional and amended plans and information were sought and provided; the application was duly re-advertised with these details.
3.0 PLANNING HISTORY - 3.1 PA 14/00809/B sought approval to convert the existing barn into a dwelling. In its originally submitted form, the barn conversion proposed was identical in every way to the dwelling now proposed. Following extensive discussion between officers and the agents, an amended scheme was submitted that retained much of the original / existing window and door openings and, therefore, resulted in a scheme that much better reflected the character and appearance of the building - a key provision of Housing Policy 11, the primary policy against which barn conversion applications are assessed. - 3.2 That application was brought before Planning Committee for consideration since the site lay adjacent to land owned by an employee of the Department of Infrastructure, of which Planning & Building Control was at that time part. The Committee approved the scheme. - 3.3 It is perhaps worth noting the relevant extract from the Minutes of the Planning Committee meeting at which the application was heard:
"Mr Gilbey raised concerns regarding the conversion of such a large barn to a dwelling which would be adjacent to another, already existing, large dwelling. Mr Balmer reported that the impact on the adjacent property, as well as the relative position between the two properties, had been taken into account. He further reported that a Public Footpath runs through the site, and confirmed that there had been no increase in height or footprint in the proposed dwelling."
"The Members were generally in support of the proposal and commended the retention and re-use of the existing apertures, and felt that the neighbours would be better served by a good barn conversion rather than a disused barn falling into dereliction."
3.4 There was also a previous application submitted earlier in 2014 seeking Approval in Principle for conversion of existing stone outbuildings to a dwelling. This application was withdrawn on the advice of the Department as it was felt that it was not possible to make a proper assessment of a proposal to convert a barn to residential use without full proposed elevations. - 3.5 Also worth noting is that a replacement dwelling at Wheatcroft, north of the application site, which also included an extension to the residential curtilage of the dwelling there, was approved under PA 14/01360/B. The curtilage of this property would lie some 28m north of the proposed dwelling, and the approved dwelling itself roughly 36m.
4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is in an area zoned as 'Predominantly Residential' identified on the Laxey and Lonan Area Plan 2005. Given the nature of the application, it is appropriate to consider General Policy 2, Strategic Policy 1, Strategic Policy 2, Strategic Policy 3, Environment 42, Housing Policy 4, Housing Policy 6 and Housing Policy 11 of the Isle of Man Strategic Plan 2007.
5.0 REPRESENTATIONS - 5.1 Highway Services offered no objection to the proposal on 18.06.2015. This position was reached on the basis that the conditions attached to the previous approval were applied again now. They also commented as follows: "There is a Public Right of Way which needs to be maintained for public use during construction and completion of the building. If no safe access can be provided during construction works, applicant needs to contact Public Rights of Way Officer on 686922 and ask for a closure, this closure can be for no longer than 6 months."
5.2 The Biodiversity Officer requested on 17.06.2015 that a survey for wildlife interest specifically to assess the level of bat and owl use - be conducted prior to a decision being reached on the application. Upon receipt of this, he advised he was content with the contents of the report and offered no objection, although in view of the report's findings that the barn was used for nesting birds he advised that a condition requiring work be undertaken only when nesting birds were not present would be acceptable. These additional comments were received on 26.08.2015. - 5.3 Lonan Parish Commissioners recommended approval of the application on 01.07.2015.
5.3 An owner/occupier of Wheatcroft, Ballaragh Road, Ballaragh, in a letter received 16th June 2015, write to request being granted interested party status. Subsequently, two additional comments were received from two owner / occupiers of Wheatcroft on 24th June 2015 and a further letter received on 15th September 2015. - 5.4 One letter indicated that the submitted drawings do not identify the correct curtilage of Wheatcroft (i.e. that approved under PA 14/0360/B), and also raise concern regarding the living conditions of both the approved and proposed dwellings, and raises the minimum interface distance as being 20m between dwellings as identified in the Laxey Plan under Policy L/RESD/PR/12 Ballacannel.
Another letter identifies the building as being a barn and considers it should be retained wherever possible as outlined in part (b) of Housing Policy 11. They question whether the original permission would still be applicable, and consider that demolition would conflict with the second part (b) in Housing Policy 11. They also raise concerns regarding the living conditions of people living nearby. They further identify the site as being partly residential but within the countryside and query whether it is an appropriate place for a new dwelling, turning area, siting near a footpath and also with no proposed landscaping. They also raise concern about what will finally be built if permission to demolish is granted; how many more planning applications will be submitted? They consider this area of outstanding natural beauty would lose an original, interesting and characterful building, and go on to make reference to a nearby Local Plan policy as highlighting the area referred to in that policy allowing the construction of 2 dwellings.
A yet further letter queries matters of land ownership and the provision of amended plans, and outlines the fact that the property is described on the market as being "a handsome detached stone barn with outbuildings" but is described in the planning application as "outbuildings", and they express the hope that the application is treated under planning policy rules for barn conversions rather than outbuildings. The structure is suitable for conversion as indicated in the structural survey submitted in respect of the previous application.
5.6 The owner / occupier of Ballaragh Old Farm House, which sits adjacent the application site, commented on the application in comments received 25th June 2015. The comments made include reference to general support for the proposal; the willingness to accommodate previous concerns with respect to overlooking and new openings in the existing building; concern that it appears easier to secure support for a replacement than a renovated building; the proposal preserves much of the original style and footprint of the current barn; no new openings are proposed facing Ballaragh Old Farm House, so they would support this proposal; the access is shown incorrectly. - 6.0 ASSESSMENT
6.1 This is a rather unusual situation. In 2014, an application was submitted seeking approval for a barn conversion on this site. That design failed to acknowledge or respect the existing character of the barn, which was more or less wholly structurally sound, and as originally submitted would have gone forward with a recommendation to refuse. However, following lengthy negotiations between the agents and officers, a revised scheme was provided, consulted upon, and received planning approval with a commendation from Planning Committee for the design approach
6.4 The existing barn is attractive, and retains a strong charm. It is of a traditional design, and has architectural and historic interest. It is structurally sound. Its retention would be welcome; its loss would be unfortunate. The policies of the Strategic Plan presume in favour of the retention of buildings that provide a positive contribution to the rural landscape. As such, it is not understood why it should be proposed for demolition when an extant approval for conversion exists. - 6.5 However, it is equally considered that to offer a formal objection to its loss would probably be unreasonable. While the site is within a rural area, characterised by its combination of agricultural and residential buildings, the fact that the building proposed in place of the demolished barn would itself contribute to this rural character of the area by appearing to be a barn conversion is such as to conclude an objection on this ground could probably not be sustained.
6.6 The proposed dwelling would have the appearance of a converted barn. It is a fairly generic and somewhat unimaginative scheme but is essentially unobjectionable. The proportions of the building are reminiscent of a Manx barn, while the varied fenestration suggests an archetypal barn conversion that reflects more on designs of barn conversions seen elsewhere without necessarily offering much in the way of a site-specific design. It therefore represents a significant missed opportunity.
6.7 There was some concern with respect to the mutual overlooking that would result from the previously approved barn conversion and the adjacent Ballaragh Old Farmhouse, both from Officers and Planning Committee. The southern elevation of the proposed dwelling would face onto Ballaragh Old Farmhouse at a distance of just over 16 metres from the main section, and at a distance of 6 metres at the gable end of the southern section. This nearest element would have no windows and so there would be no resulting increase in overlooking. However, there are some 10 glazed apertures in the main section of the dwelling - some comprising bi-folding doors - that would face Ballaragh Old Farmhouse at the distance of 16 metres. It is not known what the five windows in the rear elevation of the dwelling serve, but it is likely to be some form of principal living accommodation. - 6.8 There is a ground floor corridor running roughly two thirds of the internal length of the main section of the proposed dwelling, which would screen the utility room, media room and dressing room / en-suite bathroom from direct overlooking. However, the bedroom and kitchen / lounge / dining room at the first floor would face Ballaragh Old Farmhouse. It is considered, though, that
6.10 The proposed access, to include the widening and reduction in height of walls lining the highway, is identical to that approved under the approved barn conversion scheme. The case officer in his assessment of that application commented as follows:
"In the first instance, it is noted that Highway Services have not objected to the proposal subject to minor works being undertaken to the access lane to provide sufficient passing space for two vehicles, and also subject to nothing being planted, erected or allowed to remain within the visibility splays that exceeds 1050mm in height. The revised plans demonstrate that all of this is to be achieved, and there are also elevations of the amended walls.
"The highway access is substandard without being actively dangerous. To the north, the additional visibility provided by the reduction in the height of the wall and vegetation for 36 metres in length is acceptable, while to the south the 12 metres that can be provided is the maximum due to the position of a house. However, the access is also not considered so substandard as to warrant the application's refusal, and traffic mirrors are in place to ease visibility. The reduction in height of the wall and increase in lane width is considered sufficient to conclude that highway safety will not be unduly affected by the proposal."
There is no reason to reach an alternative conclusion on this occasion. What is the impact of the proposal on local biodiversity?
6.11 The comments received from the Senior Biodiversity Officer are understood and accepted. It is not known why a survey was not requested for the previous assessment of the proposal, but it remains the case that bats are a protected species and as such any impact on a potential habitat for them should be assessed in detail. - 6.12 In this case, the barn does not appear to be in use for bats, though it is clear that swallows are nesting inside. While swallows are not statutorily protected, there is a duty of care to what is a rare species that are known to be easily affected by works to their nesting sites, which they generally return to year after year. The condition requested by the Senior Biodiversity Officer to prevent work whilst any birds are nesting may be better expressed as one preventing works being undertaken during the nesting period (with the caveat that those works may proceed if a suitably qualified ecologist has inspected the site and confirmed no bird activity within the building), which would be easier to monitor.
7.1 It is considered that the proposal represents a significant missed opportunity for the site, which offers a broad range of redevelopment options. However, in view of the balanced lack of
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
Department of Environment, Food and Agriculture Forestry, Amenity & Lands Directorate are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
8.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person:
The rear of the application site is visible from Wheatcroft, while Ballaragh Old Farm House is adjacent to the site.
9.1 Following discussion of the proposal at the Planning Committee, it was resolved that a condition relating to improvements to the visibility should be attached. This was recommended in the case officer's report, and followed an identical condition attached to the extant approval on the site. The condition would read as follows:
C3. Prior to the commencement of any works to the barn, the approved access and entrance alterations as approved under drawing 14 1050 5 are required to be completed as shown.
Reason: in the interested of highway safety. Recommendation Recommended Decision: Permitted Date of Recommendation: 23.09.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
The development hereby approved relates to the following plans, date-stamped as having been received 26th May 2015: 14 1050 1D, 14 1050 2D, 14 1050 3D, 14 1050 4D, 14 1050 5D and 14 1050 6D.
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.
Signed E Riley Presenting Officer Further to the decision of the Committee an additional report/condition reason was required. YES/NO See Paragraph 9.0 above
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