Officer Planning Report 09/01857/B

Application No.: 09/01857/B Applicant: Mr \& Mrs Rory Mellon Proposal: Erection of a link porch and conversion of hen house to provide additional living accommodation Site Address: "The Barn" Howth Ballamodha Straight Ballasalla Isle Of Man IM9 3EN ### Considerations Case Officer : Miss S E Corlett Photo Taken: 16.12.2009 Site Visit: 16.12.2009 Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: do not oppose has no traffic management, parking or road safety implications. Consultee : Malew Parish Commissioners Notes: Do not object

Officer's Report

The Site

The site represents an L shaped piece of land which lies to the west of the A3 Ballamodha Straight to the south of the crossroads leading east to The Gate and to the north of the junction with Wigan Lane to the north west and the A34 to the south east. The site forms part of a larger area which is owned by the applicant the remainder of the land lying to the west and incorporating a new dwelling which is presently under construction which was permitted as a replacement for a former dwelling which lay within the site of the current application and which has since been demolished.

Access into the application site is straight from the A3 - access to the new house is from Wigan Lane, which was considered to be safer when that application was being considered.

The application site contains a number of buildings - a barn converted into living accommodation (see Planning History below), a relatively small hen house which sits immediately to the south of the former barn and three further outbuildings to the west of this, all modern buildings and single storey.

Planning Status

The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as "white land", that is, not designated for development.

On the draft Southern Area Plan published on 23rd October, 2009 the site lies within an area of countryside identified in the Landscape Character Assessment as Incised Slopes and where the draft Plan states:

Landscape Character Area 2 - Ballamodha, Earystane, and St Mark's:

This is a fairly resilient landscape which has accommodated incursions of modern built development without severe detriment. However, some of the larger-scale residential developments lack either the topographical setting or the groups of trees which might have mitigated their visual impact.

The draft Planning Policy Statement 2/09 - The Role of Landscape Character in Development contains the following advice in respect of this Landscape Character type:

Type D: Incised Slopes

The overall strategy for the protection and enhancement of the Incised Slopes Landscape Character Type is to conserve and enhance: the remote and rural character; the relatively sparse settlement pattern of traditional hamlets and scattered farm buildings; the network of sunken and enclosed rural roads; and the substantial hedgerows and sod banks dividing irregularly-shaped pastoral fields. Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:

• (a) Care should be taken to ensure that housing and business development does not detract from the distinctive identity and setting of settlements, and avoids coalescence with other settlements within this Landscape Type;

• (b) The design and layout of new housing and business development should include appropriate native structure planting to soften urban edges and enhance the transition to the wider landscape;

• (c) Approach routes, key views, and gateways to settlements within these landscapes should be enhanced; (d) Linear development along roads from settlements that extends urbanising influences into the wider countryside should be avoided; (e) The use of local vernacular building styles and materials should be encouraged;

• (f) New farm buildings that would compromise the pattern and scale of farmsteads across the undulating Incised Slopes landscapes should be discouraged;

• (g) Care should be taken to minimise loss of hedgerows, sod banks, and other distinctive boundary features along road corridors;

• (h) Tourist-related development, such as camp-sites, should avoid visually prominent locations, particularly those which can be viewed from higher land and those which would extend urbanising influence along the coast;

• (i) Care should be taken to avoid the suburbanisation of river valleys and stream corridors; (j) Tall vertical telecommunications masts or structures which detract from the sloping landform or create visual clutter should be avoided. PLANNING HISTORY The following applications have been submitted in respect of this site and the land to the west:

• PA 98/00832/B - Erection of replacement dwelling incorporating adjoining barn, Howth, Ballamodha, Malew.
• Status - Permitted 22nd October 1998

• PA 97/00554/B - Alterations and extensions to dwelling, Howth, Ballamodha, Malew.
• Status Permitted 4th September 1997

• PA 03/01590/B - Conversion and extension of existing barn to a dwelling and creation of a new driveway and access
• Status - Refused 20th February 2004

The reason for refusal was that the proposed conservatory/sunroom was considered to be an inappropriate and discordant feature that would detract from the proposed conversion.

PA 03/01648/B - Conversion and extension of existing barn to a dwelling and creation of a new driveway and access (additional scheme to 03/01590B to exclude conservatory)

Status - Refused 20th February 2004

The reason for refusal of this application was that whilst the principle was acceptable the window design, timber boarding detail and loss of original openings were all considered inappropriate.

PA 04/00530/B - Conversion and extension to existing barn to a dwelling and creation of a new driveway and access (Resubmission)

Status - Permitted 7th July 2004

Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This approval relates to the plans and information submitted as part of this application, date stamped 17th March 2004 and 12th May 2004.

1. No other works shall be commenced on site until the access with the adopted highway, including visibility splays has been set out and established to the association of the Planning Authority after consultation with the Highway Authority.

1. Prior to the commencement of the development, a sectional drawing must be submitted detailing the proposed windows and doors.

1. All plumbing stacks must be constructed internally.

1. All existing stonework must be retained as such and must not be rendered, painted or similarly treated.

1. The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.

PA 04/02078/B - Conversion of outbuilding into residential dwelling

Status - Permitted 11th November 2004

Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. No works may commence upon the approved scheme until such times as the access with the adopted highway has been improved in accordance with the scheme shown and approved in PA 04/0530, including visibility splays.

1. This approval relates to the conversion of the building to residential accommodation as shown in drawings p13-sl/01, p13-ga/01, pl13-el/01, pl13-el/02 and pl13-el/03 all received on 8th October, 2004.

1. All existing stonework must be retained as such and may not be painted, rendered or similarly treated.

1. All plumbing stacks must be constructed internally.

1. Prior to the installation of the same, a fully detailed drawing at a scale of 1:20 must be approved of the proposed doors and windows.

Condition satisfied at PCM10.2/25/01/05

18 December 2009

1. "No construction of the proposed dwelling shall commence until such time as the Isle of Man Water Authority gives notice in writing to the Committee that the Authority will within six months of the date of such notice have the capacity to provide to the proposed dwelling a supply of wholesome water sufficient for the domestic purposes of the proposed dwelling."

PA 06/00499/B - Erection of a dwelling Status - Permitted 12th September 2006 Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This permission relates to the demolition of the existing cottage and its replacement with a new dwelling and creation of access all as shown in drawings reference pl3-sl/04 and pl3-sl 03 received on 9th August, 2006, the elevations shown in drawings el-01, EL-(02) and SN-(01) received on 27th June, 2006 and the floor plans reference GA-(01) and GA-(04) received on 22nd March, 2006 all within the site as defined on the location plan reference loc-(01) received on 22nd March, 2006.

1. The visibility splays shown in drawings pl3-sl/03 and -/04 must be created in accordance with these drawings and the existing dwelling demolished and the demolition material removed from or used within the site all prior to the occupation of the new dwelling.

1. Notwithstanding the approved drawings, the new access from Wigan lane must extend as far as the existing buildings on the eastern side of the site, thus providing a continuous link between these and Wigan Lane, as shown in the approved access permitted under PA 04/00530.

1. The roof(s) must be finished in natural slate or a high quality imitation slate which must be approved by the Planning Authority PRIOR to the commencement of works.

1. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 or any other Order revoking that Order, no windows may be replaced nor rooflights installed without the prior permission of the Planning Authority.

PA 07/00753/B - Amendments to approved dwelling (PA 06/00499B) Status - Permitted 13th July 2007 Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This permission relates to the demolition of the existing cottage and its replacement with the a new dwelling and creation of access all as shown in drawings reference 4109/1, -/2, -/3 and -/4 all received on 17th April, 2007.

1. The visibility splays permitted under PA 06/00499/B must be created in accordance with the permitted drawings and the dwelling demolished and the demolition material must be removed from or used on site all prior to the occupation of the new dwelling.

1. The roof(s) must be finished in natural slate or a high quality imitation slate which must be approved by the Planning Authority PRIOR to the commencement of works.

1. The development must be at least 9m from the outside conductor of the 11kV overhead line, or the line must be undergrounded.

PA 08/00648/B - Alterations to agricultural buildings

18 December 2009

Status - Permitted 9th June 2008 Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This permission relates to the maintenance/upgrading works to be carried out on the existing agricultural buildings as shown in drawings 4197/P1, 4109/3A and the location plan all received on 27th March, 2008.

PA 08/00650/B - Erection of a dwelling (comprising amendments to approved developments 06/00499B and 07/00753B) Status - Permitted 9th June 2008 Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This permission relates to the erection of a dwelling as shown in drawings 4109/1D, -/2D and 3A all recevied on 27th March, 2008.
3. The visibility splays permitted under PA 06/0499 must be created in accordance with the permitted drawings and the dwelling demolished and the demolition material must be removed from or used on site all prior to the occupation of the new dwelling.
4. The roof(s) must be finished in natural slate or a high quality imitation slate which must be approved by the Planning Authority PRIOR to the commencement of works.
5. The development must be at least 9 m from the outside conductor of the 11 kv overhad line, or the line must be undergrounded.

PA 09/00382/B - Erection of a dwelling (comprising amendments to PA's 06/00499B, 07/00753B and 08/00650B) Status - Permitted 20th April 2009 Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This permission relates to the erection of a dwelling as shown in drawings 4109/1/Rev K, 4109/2/Rev I, 4109/3/Rev A and 4109/4 all received on 6th March, 2009.
3. The roof(s) must be finished in natural slate or a high quality imitation slate which must be approved by the Planning Authority PRIOR to the commencement of works.
4. The development must be at least 9 m from the outside conductor of the 11 kv overhead electricity line, or the line must be undergrounded.

In summary, the first two applications for the conversion of the barn were refused for reasons relating to detailing and appearance. The first application which was successful in gaining permission for the conversion of the barn included two storey extensions (PA 04/0530) but this was not pursued and an application for conversion of the existing fabric was permitted and implemented (PA 04/2078). The approved scheme which was implemented, showed the outbuildings, including the chicken shed, as being demolished.

THE PROPOSAL 18 December 2009

Proposed here is the conversion of the chicken house to living accommodation and the link of this to the main house formed through the conversion of the former barn. The chicken shed is a timber building with a footprint of 9.8 m by 5.4 m and situated 1.5 m from the front of the barn. The shed is between 3.4 m and 3.8 m tall to the ridge, the difference due to the slope of the site. Proposed is the external cladding of this building with stone and the internal cladding with cavity blockwork to form additional living accommodation which will be linked to the living accommodation in the converted barn, by a new link. The new accommodation will have a new roof applied which will increase the height of the building to between 4.1 m and 4.5 m . the elevation facing the road will be finished entirely in stone and half of that facing into the site will be finished in render. The new accommodation is shown as a lounge, bedroom, hallway, cloakroom and shower room and will provide an additional 49 sq. m of floor area which could accommodate two persons on a permanent basis under the provisions of the Housing (Flats) Regulations 1982.

Representations

Malew Parish Commissioners and Department of Transport Highways and Traffic Division indicate that they do not oppose the application.

Assessment

As the site lies within an area where development is discouraged, the application should be assessed in the light of General Policy 3 and Housing Policy 11 of the Strategic Plan which state the following:

General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10) b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14) e) location-dependant development in connection with the working of minerals or the provision of necessary services; f) building and engineering operations which are essential for the conduct of agriculture or forestry g) development recognised to be of over-riding 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".

And Housing Policy 11: "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 plans; 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 building of similar, or even identical form.

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

In terms of General Policy 3, there is no provision for the extension of existing dwellings and whilst the property is presently a dwelling, it has been created thus through the conversion of a building which was previously used for other purposes, for which provision is made in Housing Policy 11 of the Strategic Plan and formerly under Planning Circular 3/89 which has been superseded by Housing Policy 11. HP11 makes it quite clear that once converted, further extensions will not be permitted as this would result in a loss of or reduction of the original interest and character of the building which was converted.

As such, the further extension of the barn is not within existing policy. Furthermore, the proposed extension is on the most prominent part of the building and its front elevation, and where the extension would visibly detract from the interest and character of the building.

The application purports to be for the conversion of an existing building which would then link in to the existing dwelling although only the timber frame of the existing shed is to be retained within internal and external cladding, the roof is to be replaced. It is considered most unlikely that the existing shed will be retained and it will in reality be demolished and a completely new building erected in its place.

Notwithstanding concerns about the retention of the existing building there is provision within the Strategic Plan for conversion of existing buildings and their use for other purposes, including residential use. This provision, as set out in HP11 requires that the building in question is of interest, either architecturally, socially or historically and there is no evidence that this hen shed would satisfy this requirement. In any case, the building is being completely encased in a new shell - new external finish to the walling and a new roof - it is effectively a new building and anything of the original will not be perceivable. If the original building has any merit, and there is no evidence that it has, it is not being retained in the proposed conversion and thus the proposal cannot be said to comply with the provisions of HP11. In the absence of compliance with this policy, the proposal cannot be supported.

Notwithstanding all of the above, the proposal results in a single storey building of little architectural merit grafted onto an existing former barn, on its front elevation and bearing little resemblance to the form, proportions, appearance or character of the barn to which it would be attached. As such it is considered that the proposed extension would visually harm the appearance and character of the former barn.

The application supports the proposed extension by suggesting that the existing dwelling has only one bedroom and a combined lounge, kitchen and dining room. The floor area available to the existing dwelling is 73 sq.m which would accommodate up to 4 persons on a permanent basis under the provisions of the Housing (Flats) Regulations 1982. The dwelling is no different from that which was proposed and implemented by the applicant in 2004, since when planning permission has been granted to this applicant for a significantly larger dwelling within 70 m of this dwelling. It is not accepted that the existing dwelling is so limited in floor area as to justify the proposal which is clearly contrary to adopted policy.

As such, the application is recommended for refusal. PARTY STATUS

The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 16.12.2009

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : Notes attached to refusals

R 1.

The dwelling to which the new accommodation would be linked, was created through the conversion of a former barn. Current policy on such conversions state that following the conversion of the building, no further extensions will be permitted as this would result in a loss of the character and/or appearance which justified the conversion in the first place. In this case the extension is to the front of the building which would be particularly conspicuous and would detrimentally affect the appearance and character of the former barn.

R 2.

Notwithstanding the above, the application purports to involve the conversion of an existing building, for which there is a provision in principle in the Strategic Plan, under Housing Policy 11. However, this policy requires that such buildings must be of historic, social or architectural interest and there is no evidence that the building to be converted satisfies any of these. In any case, the conversion involves the complete envelopment of the existing building - internally, externally and with a new roof, to the point that it is unlikely that the existing building will be retained at all. If the building is of any interest which would satisfy the Policy, the proposed works completely change the appearance and character of the building and as such would be contrary to the provisions of Housing Policy 11. It should also be noted that the permission granted for the conversion of the barn to living accommodation, PA 04/2078 also showed the removal of the surrounding agricultural buildings, including that which is now proposed to be converted to living accommodation.

I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Refused Date : Signed :