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Application No.: 21/00295/B Applicant: Mr Alan Green & Mrs Cheverl Traher Proposal: Proposed Conversion of Existing Barns to Single Family Dwelling Site Address: Broughjairg Moar Broughjairg Moar Barns Main Road Ballaugh Isle Of Man IM7 5EX Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.06.2021 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: the planning application was for the conversion of the barn only and has been considered on this basis only.
N 1. Bats are listed on Schedule 5 of the Wildlife Act 1990; they are protected by law and it is an offence to:
intentionally or recklessly kill, injure or take a bat intentionally or recklessly damage or destroy, or obstruct access to , any structure or place
which bats use for shelter or protection
intentionally or recklessly disturbs any bat while it is occupying a structure or place which it uses for that purpose. The maximum penalty that can be imposed is a fine up to 10,000 pounds. All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to:
intentionally or recklessly kill, injure or take any wild bird intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use
or being built intentionally or recklessly take or destroy the egg of any wild bird intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or
at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds. The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins. This application has been recommended for approval for the following reason.
The conversion of the existing barn would not adverse visual impact upon the amenities of the countryside setting and landscape and have no unacceptable impacts upon private or public amenities and therefore comply with HP 11 and EP 1, 2, 3, 4 & 5 of the IOM Strategic Plan.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on:
Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that although they have made written submissions these do relate to planning considerations:
Flood Management Division (DOI) _____________________________________________________________________________
1.0 THE APPLICATION SITE - 1.1 The application site is Broughjairg Moar, Broughjairg Moar Barns, Main Road, Ballaugh which is located to the north western side of the Main Road which runs from Kirk Michael to Ballaugh. The site is set back from the Main Road by approximately 280m. the site is access via a private driveway which serves the site and the neighbouring property Broughjairg Moar and a further property Thornhill to the south. The site is not apparent from public views. - 1.2 Within the site is the large single and two storey stone Manx barn in a horse show shape and a courtyard within the centre. To the rear of this is a large modern agricultural barn and a smaller barn to the north east of the Manx stone barn, albeit it is in a state of disrepair following the collapse of a mature tree which has resulted in extensive damage to this modern barn. There is also a small single storey building to the north of the main Manx stone barn.
2.0 THE PROPOSAL - 2.1 The application seeks approval for the conversion of existing barns to a single dwelling.
3.1 The site has been the subject of a number of previous planning applications; however, none are considered of material relevance to the determination of the current application. - 4.0 PLANNING POLICY
4.1 The application site is designated as woodland under the IOM Development Plan Order 1982 and therefore no designated for development. The site is not within a Conservation Area, but is within an area zoned as High Landscape or Coastal Value and Scenic Significance.
4.2 The following policies are taken from the IOM Strategic Plan 2016 and are relevant for consideration: - 4.3 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". - 4.4 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
4.5 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 seminatural woodlands, which have public amenity or conservation value." - 4.6 Environment Policy 4 states: Development will not be permitted which would adversely affect:
4.7 Environment Policy 5 states: "In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to:
4.8 Housing Policy 11 states: "Conversion of existing rural buildings into dwellings may be permitted, but only where:
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."
5.1 Highway Services (DOI) comments (20.04.2021): "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking."
5.2 The Ecosystem Policy Officer comments (22.04.2021) that the barns have the potential for bats and birds and that while the presence of bats and nesting birds will not prevent the property from being converted, there should be provision for their ongoing protection. In order to comply with Environment Policy 4 and 5 of the Isle of Man Strategic Plan and the Wildlife Act 1990, the Ecosystem Policy Team request that a preliminary assessment for roosting bats and breeding birds are undertaken on the buildings to be converted by a suitably qualified ecologist prior to determination of this application which is in line with Section 9.2.4 of the British Standard Biodiversity - Code of Best Practise for Planning and Development (BS 42020:2013). - 5.3 Flood Management Division comment they have no objection (22.04.2021) - 5.4 The Forestry Division have raised concerns (28.05.2021) about the impact that the service works would have and thought it was relevant to the progression of the planning application. However, the applicants have advised these have already been undertaken. Therefore the Forestry Division while having on objections to the conversion, they have confirmed that there would be no reason to delay this application in relation to arboricultural matters and so we would have no concerns with approval. They will; however, be investigating the works under the Tree Preservation Act due to the likely damage that has been done to tree roots.
6.1 There are a number of criteria when considering the conversion of rural building into dwellings and Housing Policy 11 is relevant.
6.2 With regard to paragraph (a) of Housing policy 11, the barn is not used in relation to agriculture (i.e. its original use) and therefore it is clearly redundant. Furthermore, from comments received previously from the DEFA (Former Agricultural Advisor) this type of barn/s 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 that redundancy has been established and the proposal conforms to Housing Policy 11 in this respect.
6.3 With regard to paragraph (b), this deals with whether the building is substantially intact and structurally capable of renovation. A structural report is included, which concludes: "The existing barn structures are generally in very good condition with all walls and roofing structures in place. We conclude that the existing buildings are suitable and capable of conversion to living accommodation as proposed." - 6.4 Works are recommended; however, none of these require the demolition of any walls or part s of the building. - 6.5 With regard to paragraph (c) of Housing policy 11, the existing barn Manx stone and a slate roof. It is considered the appearance, age and character has an overall architectural interest to warrant its retention and therefore complies with this aspect of Housing Policy 11. - 6.6 With regard to paragraph (d) of Housing policy 11 this policy states that the building should be 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.
7.1 Overall, the conversion of the existing barn would not adverse visual impact upon the amenities of the countryside setting and landscape and have no impacts upon private or public amenities and therefore comply with HP 11 and EP 1, 2, 3, 4 & 5 of the IOM Strategic Plan. Accordingly, the application is recommended for an approval. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 25.06.2021 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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