DEC Officer Report

Application No.: 21/00302/B Applicant: Mr Alan Murphy Proposal: Conversion of first storey barn to a flat Site Address: Workshop / Barn Lower Bishopscourt Farm Bishopscourt Kirk Michael Isle Of Man IM6 2EY Planning Officer: Mrs Vanessa Porter Photo Taken: 28.04.2021 Site Visit: 28.04.2021 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 17.06.2021 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The conversion of the existing barn hereby approved shall not be occupied at any time other than for purposes incidental to the residential use of the dwelling at Lower Bishopscourt Farm, Kirk Michael, as identified on the approved plans and shall not be occupied as an independent dwelling unit.

Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.

This application has been recommended for approval for the following reason.

The planning application whilst it does not meet the criteria within Planning Circular 8/89 it does meet Housing Policy 11, General Policy 2 and Transport 4 & 7, whilst not harming the character of the surrounding area in accordance with Environment Policy 2, as such it is recommended for approval

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 3rd March 2021:

• o Drawing No. 01 Rev 0
• o Drawing No. 02 Rev 1
• o Drawing No. 03 Rev 2

_______________________________________________________________ Interested Person Status – Additional Persons

It is considered that the following Government Department should be afforded Interested Person Status as they have raised material consideration in their representations in accordance with Article 4(2):

DOI Flood Risk Management Division _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS IT PROPOSES DEVELOPMENT CONTRARY TO THE LOCAL PLAN ZONING BUT IS RECOMMENDED FOR APPROVAL

THE APPLICATION SITE

1.1 The application site is within the curtilage of Lower Bishopscourt Farm which is a large site situated to the North West of the A3 road. - 1.2 The site itself is the first floor level of a barn situated to the South East of the site which is accessed via an entrance to the North of the site. - 1.3 To the North East of the site is the main dwelling and to the North West of the site are several stone barn like structures and a large tin barn with a car park which is used for "Pinewood Studios." THE PROPOSAL

2.1 The application seeks approval to convert an existing stone barn into a single residential dwelling which will provide a one bedroomed dwelling. The only external alterations proposed are the installation of a new roof with 4 rooflights - 2.2 The proposed dwelling will be accessed from the North East staircase. - 2.3 Parking provisions for the proposed dwelling will be situated within the existing yard/parking area which provides parking for the whole site. - 2.4 No amenities such as parking or garden have been provided for the proposed dwelling as the proposed use is ancillary to the main dwelling and will be used for the home owner's son.

PLANNING HISTORY

3.1 There are a couple of previous applications of which the most relevant would be PA07/01391/B which was for the "Repositioning of existing vehicular access and alterations to driveway" and was Permitted. PLANNING POLICY - 4.1 The site lies within an area zoned as "Areas of Low Density Housing in Parkland - Private Estate" and an "Area of High Landscape or Coastal Value and Scenic Significance" on the 1982 Development Plan, North Map. The site is not within a Conservation Area nor a Flood Risk Zone.

4.2 Due to the nature of the application the most relevant policy is Planning Policy Circular which states the following (in part) regarding Areas of Low Density Housing in Parkland, ""Areas of existing low density housing in parkland are usually characterised by fine buildings and mature trees standing in landscaped grounds. Whether in the towns or the countryside, such sites make a positive contribution to public amenity."

4.3 Whilst the rest of the policy is relevant for the proposed works and due to the nature of the application being a conversion and not a new build Housing Policy 11 is arguably just as relevant and states in full, "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. 73 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."

4.4 There are a number of other relevant policies, as summarised below.

• - General Policy 2 sets out general 'Development Control' considerations which are arguably relevant even where a proposal is not in accordance with the land-use designation including design (respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them), wider impact (the amenity of local residents or the character of the locality) and parking/access/highway safety.
• - Environment Policy 2 seeks to protect Areas of High Landscape or Coast Value and Scenic Significance from development which would harm the character and quality of the landscape.
• - Transport Policy 4 relates to highway safety and pedestrians and Transport Policy 7 relates to parking (standards are set out in Appendix 7).

4.5 The Department has published the Residential Design Guidance 2019 which provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property.

REPRESENTATIONS

5.1 Highway Services have considered the application and state, "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and/or parking." (16.04.21)

5.2 No reply has been received from Ballaugh Parish Commissioners at the time of writing this report. - 5.3 DOI Flood Risk Management Division has considered the application and state, "No Flood Risk Management Interest." (27.04.21)

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - principle of development
• - character and appearance
• - highways impact

- 6.2 PRINCPLE

• 6.2.1 The site is designated as an "Area of Low Density Housing in Parkland" which means that the site is designated for residential. Whilst the proposed use does not fit within Planning Circular 8/89, it does fit within Housing Policy 11. The existing use of the barn is redundant, the overall structure is structurally intact with the application showing just a replacement roof and floor joists and the floor plan shows that the layout would be large enough to accommodate the usual room arrangement for a dwelling, with cooking and bathroom facilities, sleeping, dining and living accommodation, as such on a whole it is considered that the application meets the main test of HP11.

6.3 CHARACTER AND APPEARANCE

• 6.3.1 In most cases the creation of ancillary accommodation is attached to the main dwellinghouse or in such close proximity that it could not be conceivably separated into two independent planning units. In this case, the proposal is seeking to utilise an existing structure and bring it into a habitable use preserving the character, in turn this would be considered to have no detrimental impact on this part of the countryside given the existence of the building already.

• 6.3.2 It is relevant to note that this application has not provided any amenity space such as parking or garden etc. and the applicants have stated the use will be ancillary to the main dwelling, as such a condition should be attached in that the proposed property is ancillary to the main dwelling only.

6.4 HIGHWAY IMPACT

• 6.4.1 Due to the proposed properties location within an already existing site, it could be seen from the officers site visit that there is a large concrete/ gravelled area to the rear of the existing barn which is being utilised as parking as such there would be more than enough parking on the existing site which means that the works would comply with TP4 & 7.

CONCLUSION

7.1 For the above reasons whilst the application does not meet the criteria within Planning Circular 8/89 it does meet Housing Policy 11, General Policy 2 and Transport 4 & 7, whilst not harming the character of the surrounding area in accordance with Environment Policy 2, as such it is recommended for approval INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 28.06.2021

Signed : V PORTER Presenting Officer

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

Signatory to delete as appropriate YES/NO See below

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