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The application site comprises of land encompassing the farmhouse and adjacent field at Ballachrink Farm, which is located on the Ballaragh Road (B11) in Lonan. The site includes existing buildings in the form of Ballachrink, which is a large detached house and a collection of small single storey units comprising of a mixture of converted outbuildings and new buildings housing tourist accommodation and associated facilities. The existing buildings are visible from the south east, through an access gap, and from further away in the landscape from Baldrine and Laxey.
The planning application seeks approval for the change of use of the detached dwelling contained within the application site into tourist accommodation.
The application site has been the subject of a number of previous planning applications that I consider to be potentially relevant to the assessment of this current planning application:
Planning application 95/0681 sought approval in principle for the erection of five self-catering holiday cottages within the application site. This application was initially considered and refused on the 13th September 1995, with the initial refusal decision notice issued on the 22nd September 1995. I understand that the refusal was confirmed at review, although I have been unable to locate a copy of the review decision notice. Following the
recommendation of the appointed Planning Inspector, the Minister reversed the decision and approved the planning application at appeal on the 10th April 1996.
Planning application 96/0577 sought approval for the erection of five self-catering holiday cottages with associated facilities with on-site car parking. This application was initially considered and approved on the 16th August 1996, with the initial approval decision notice issued on the 29th August 1996. Whilst this approval was never implemented the form of it was basically the same as is proposed by the current planning application.
Planning application 04/0115/A sought approval in principle for the erection of twenty five additional self-catering holiday cottages, a serviced camping site and alteration to improve visibility to existing highway access. This application was initially considered and refused on the 27th May 2005, with the initial refusal decision notice issued on the 6th June 2005.
Planning application 05/92305/B sought approval for the construction of five self-catering holiday cottages with provision of laundry and storage facilities and creation of additional on-site car parking. This application was considered and refused by the Planning Committee on the 30th March 2006, with refusal decision notice issued on the 6th April 2006. This application, which is basically a resubmission of 96/0577, was refused on the grounds that the proposal is contrary to current planning policy. The refusal is currently the subject of an appeal, although I am satisfied that this current planning application can be properly considered before that appeal is resolved.
Lonan Parish Commissioners have no objection to the proposed change of use. The Department of Transport Highways Division do not oppose the proposed change of use. The Department of Tourism and Leisure Registration and Grading Commission support the proposed change of use. The Isle of Man Fire and Rescue Service recommend the installation of smoke detectors.
The Society for the Preservation of the Manx Countryside and the Environment object to the proposed change of use on the grounds that they consider the use will result in future applications for caretaker's accommodation and ultimately a new dwelling in the countryside.
The application site is within the area covered by the Laxey and Lonan Area Plan Order 2005. Under this document the application site is part designated as tourism and leisure use, part designated as open space comprising of private woodland or parkland, part designated as open space. The entire application site is within an area of high landscape value and scenic significance. The application site is specifically referred to a number of times within the document.
Paragraph 3.1, which sets the background to tourism within the plan area, states: "There is also accommodation for tourists provided throughout the rural area and the Ballachrink Holiday Cottage development at Ballaragh is a good example of a successful rural tourist project which has centred upon existing redundant buildings and built up a popular and successful business therefrom without detriment to the rural environment".
Paragraph 3.9, which sets out the conclusions regarding tourism, states: "the Department has concluded that there is no special reason why less demanding policies should be applied for tourism development than for other types of development in the countryside." and continues on to state "In rural areas, the value of the unspoiled countryside as a tourist attraction must not be forgotten or undermined by inappropriate development."
There two policies within Laxey and Lonan Area Plan 2005 that I consider to be relevant to the assessment of this planning application.
Policy L/TRT/PR/2, which relates to sites identified for tourism, states that: "Only those developments associated with tourism will be permitted on those sites identified for tourism on the plans."
The explanatory paragraph, 3.16, related to this policy states: "It should be noted that those areas designated for Tourism on the 1991 Laxey Local Plan have been re-assessed during this latest area plan and certain areas have been removed from their Tourism designation (see the chalets on Glen Road). Similarly, those developments such as the Ballachrink Holiday Cottages at Ballaragh have been approved specifically for tourist accommodation and would probably not have been given approval on the basis of being permanent residential units. On this basis, the land which has as part of this area plan been designated for purposes of tourism has been properly considered as being appropriate only for these purposes and such should be retained for purposes associated with tourism and not released for other uses."
Policy L/TRT/PR/3, which relates to sites identified as woodland or open space, states that: "Development will not generally be permitted in those areas identified as open space or woodland within the study area in order to protect the natural attraction and amenities of the area (see also section on open space and nature conservation)."
The explanatory paragraph, 3.17, related to this policy states: "The Department acknowledges the effort of the Department of Tourism and Leisure to promote tourism on the Island and that the nature of and demands for tourism are changing away from the hotel and boarding house type accommodation in urban areas to rurally based accommodation. The Department also acknowledges the need for diversification for the agricultural industry. As such, the Department will give positive consideration for the creation of tourist facilities in existing farm groups where these utilise existing buildings of character and interest and where this provides additional forms of income to existing farms, see Planning Circular 3/89."
The planning application seeks approval for the change of use of the dwelling contained within the application site into tourist accommodation. Given that the application site is part designated as tourism and leisure use I would suggest that the proposed use is in general accordance with the Laxey and Lonan Area Plan. Given its isolated location the proposed use of the dwelling will not adversely affect any other properties.
In terms of the Commissioner's comments and the objection from the SPMCE I do not believe that it is reasonable to refuse an application on the basis that it may lead to unacceptable development at a later date. The erection of any further dwellings on, or associated to, application site will require planning approval. Under the present planning policy any such proposed development would be likely to be resisted but it would only be proper to consider such application at a time that it is submitted. The change of use proposed by this current planning application does not have any adverse impacts and there is no real to refuse it.
I recommend that the planning application be approved.
I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
I consider that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The Society for the Preservation of the Manx Countryside and the Environment.
Recommended Decision: Permitted
Date of Recommendation: 12.06.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
C 2. This approval relates to the dwelling defined in red on the location plan date stamped the 1st March 2006.
C 3. This approval relates to the use of the premises as permanent residential accommodation or for tourist accommodation.
N 1. The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 13/6/01
Signed : M. I. McCauley Director of Planning and Building Control
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