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The application site is the residential curtilage of Ballacregga Farm, Lhen Road, Bride, which is located on the northern side of the Lhen Road and northwest of Bride Village.
Within the curtilage of the site consists a double garage/store. The site is very well screened from the highway due to significant trees and hedges which surround the site boundaries and run adjacent to the northern side of the Lhen Road.
The application site is within an area recognised as being an area of 'white land & woodland' not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a
Conservation Area; however the site is within an area zoned as High Landscape or Coastal Value and Scenic Significance.
Removal of condition 3 from approved 03/00733/B to allow the building to be used as a single dwelling house - 07/01252/B – Ballacregga, Lhen Road, Bride - DECESION PENDING
Conversion of outbuilding to a dwelling - 03/00733/B - Ballacregga Farm, Lhen Road, Bride – APPROVED Alterations and extension to dwelling and erection of garage/workshop - 98/01322/B - Ballacregga Farm, Lhen Road, Bride – APPROVED Refurbishment of existing farmhouse - 92/00067/B - Ballacregga Farm, Bride – APPROVED Installation of roof lights - 90/01804/B - Ballacregga Farm, Bride – APPROVED
The application proposes the conversion of existing garage / storage into ancillary guest and / or tourist accommodation.
S.P.M.C. & E:-
07/1252 (still outstanding, we believe?) sought the relaxation of a tourist occupancy condition on premises hereabouts. It seems perverse that we are now considering proposals for further tourist uses here. However as this modern brick or block building can hardly be considered vernacular, the case for conversion under Circular 3/89 or ISP Policy 16 b) fails. The Society Objects to what will become an additional house in the countryside.
The IOM Water Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The Planning Authority has received no privately written representations objecting to the application.
The proposed conversion of the existing garage, which benefited from planning approval (98/01322/B) in 1998, requires the following Planning Policies to be taken into account when reaching a decision.
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:
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:
Conversion of existing rural buildings into dwellings may be permitted, but only where:
Such conversion must:
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.
Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted.
Business Policy 12: Permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10. – Housing Policy 11.
Assessment The proposal would create a two bedroom self-contained tourist unit/ancillary accommodation, which would be equipped with a living/kitchen/dining area and a bathroom, which is considered to be tantamount to a new dwelling in the countryside in terms of its use and its appearance. Whilst a condition could be attached tying the occupation of the new building to that of the main house, the fact remains that it is a self-contained unit which looks like and for all intents and purposes is, a new dwelling in an area which is not designated for such development.
As identified earlier, within the planning policy, this presumption against is set out in three ways. Firstly, the application site is not zoned for residential development under the 1982 Development Plan Order. Secondly, General Policy 3 of the Isle of Man Strategic Plan, states that in such areas only conversion of redundant rural buildings which are of architectural, historic, or social value and interest would be permitted outside those areas which are not zoned for development. Thirdly, Housing Policy 11 also states that conversion of existing rural buildings into dwellings may be permitted, but only where, redundancy for the original use can be established and the building is of architectural, historic, or social interest. I consider the proposal would not comply with the criteria as indicated, and therefore there are no special circumstances to warrant the setting aside of the presumption against. The development proposed by this planning application is therefore clearly contrary to the current policies of the Department.
Additionally, whilst the proposal is a conversion of an existing building, consideration needs to be taken, that the loss of the existing double garage might result in a further application for a new replacement garage, within an area not zoned for development.
A similar application for alterations and extension to provide two units of holiday accommodation - 06/01268/B - Annex / Garages, The Old School House, Tholt Y Will, Sulby, was recently refused at Appeal. This application proposed two tourist units compared to one proposed with this application, however the principle for development is the same. With this particular appeal, the Applicant argued that "tourist use is not a dwelling", the Appeal Inspector went on to say; "Unfortunately for his clients, that view is incorrect. The proposal would involve the creation of two dwellings units. It might be possible to impose a condition limiting the way they were occupied, so that they could only be occupied for holiday or tourist purposes, but the fact remains that the units would be dwellings. Therefore the policies on residential or housing development in the countryside apply."
The Inspector goes on to state:- "The proposal would result in the creation of two dwellings in an isolated rural location, in an area designated as of high landscape value"
The Inspector goes on to state:- "The impact of this development would not by itself be very great, but it would be significant since it is necessary to bear in mind the possible cumulative effect of numerous small-scale developments in the countryside".
Taking Business Policy 11 & 12, and particularly Business Policy 12, this policy states that conversion of redundant buildings in the countryside to tourist use will generally be permitted as long as it complies with Housing Policy 11, as indicated previously within this report the proposal contravenes that policy, and therefore a refusal can be legitimately be made on that basis of Business Policy 12.
RECOMMENDATION In conclusion, the application site is not zoned for development and the proposal is contrary to both established general planning policy and 1982 Development Plan. Approval of the planning application
for the conversion of an inappropriate building, of which is tantamount to the creation of a new residential dwelling, would set an undesirable precedent for further such inappropriate development in the countryside. Accordingly, it is recommended that the planning application be refused.
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 parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:-
Recommended Decision: Refused
Date of Recommendation: 18.09.2007
The conversion and of the garage into a tourist unit in this location is tantamount to the creation of a new residential dwelling in the countryside which would be contrary to the Isle of Man Planning Scheme (Development Plan) Order 1982 in that:-
Decision Made : _________________________ Committee Meeting Date : _________________________
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