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The site represents a section of a field which lies on the southern side of Ballagyr Lane, a narrow lane which links the A4 coastal highway with the Switchback road through East Lhergydhoo Farm. The field has a section at the north western corner which is clearly distinct from the remainder of the field, separated therefrom by a post and wire fence. A building sits alongside the road right on the north western corner: this is a two storey stone former barn with a lean-to single storey annex on the rear. The building sits in a hard surfaced area in which parking may take place and a vehicular access is already available from Ballagyr Lane.
The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as of an Area of High Landscape or Coastal Value and Scenic Significance.
PA 89/0271 proposed the principle of the conversion of the building to a dwelling and was refused.
PA 01/1068 proposed the principle for conversion of a former barn to a dwelling and was refused on appeal. The reasons for this refusal related to the net impact of the creation of a residential curtilage, the change from a field to a garden and the lack of architectural or social importance of the building in question.
PA 03/0191 proposed the conversion of former barn to a walker's sleeping and resting accommodation with toilet extension and was permitted.
Now proposed is the change of use of the property to a dwelling. the justification for this change are given as that the adjoining fields are designated for residential use, the development of which is "rapidly moving closer", that the farm complex to the north is no longer agricultural but used for commercial and residential, the tourist use has been of limited success and the applicants wish to change the building into a retirement home for themselves.
The Isle of Man Fire and Rescue Service recommends the installation of domestic smoke detection.
The Isle of Man Water Authority recommend consultation regarding the provision of water supplies.
Department of Transport Highways and Traffic Division raise an objection on the basis that no information has been provided in respect of car parking provision and that two off road spaces would be required for the permanent residential use of the site. It is clear from the aerial and terrestrial photographs that there is hard surfaced space on site which would easily accommodate two car parking spaces with turning and manoeuvring space.
A resident of Port Soderick comments that there is no real evidence that the tourist use has not been successful, that there is still a reported need for tourist accommodation on the Island and that if permanent residential use is permitted then applications for enlargement of the property may follow. No reference is made to the policies of the adopted Strategic Plan.
In response to the supporting comments made by the applicant, the residential land referred to is not adjoining the site but a field away (280m) and will not get any closer without a revision of the local plan. What happens in adjoining farm complexes is not necessarily relevant if the circumstances in that case are different and in the case of the closest farm complex, there is a range of farm buildings which have been permitted for alternative uses (the storage and maintenance of marquees - PA 02/0865) and the extension of the main house into the adjacent existing barns (PA 98/2236) all took place on a site with established residential status and a range of outbuildings. In this case there is a single building with no residential use other than the limited tourist use permitted under PA 03/0191.
The newly approved Strategic Plan is relevant to this application in respect of the following policies:
Strategic Policy 1a which states: "Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials";
Strategic Policy 2 which states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages.
Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3";
General Policy 3 which states: "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 overriding 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";
Spatial Policy 5 which states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3" and finally and perhaps most specifically
Housing Policy 11 which states the following: 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 of 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".
It is clear therefore that there is a presumption against residential development in the countryside unless it can be seen to utilise existing fabric in a way which satisfies the provisions of the Plan. In terms of Housing Policy 11, the redundancy of the building in terms of its original use (agricultural) has already been established through the approval of the change of use of the building to a tourist facility under PA 03/0191. As such, questions about the structural stability of the building and the principle of conversion are no longer at issue. There are no policies within the Strategic Plan which
protect against the loss of existing tourist accommodation once this is established. The building provides over 55 sq. m of floor space which is sufficient for permanent living accommodation.
There has been a recent decision on appeal in respect of a similar case, Gibdale Farm in Malew where an abandoned cottage, previously permitted for renovation for tourist use for 53 sq. m of floor area, having been previously refused for renovation for permanent accommodation, was permitted on appeal. PA 06/1853 was permitted and the Inspector made specific reference to the ability of the Planning Authority to control further changes and extensions (see comments of the Port Soderick resident).
The building which is the subject of this current application already has the appearance of a more domestic structure than the previous barn with a hard surfaced parking area alongside and as such, if further alterations and extensions are controlled and restricted, it is considered that the proposal complies with the policies of the Strategic Plan and should be permitted provided that the provisions of the pdo are restricted and the residential curtilage is limited to a reasonable area which should not extend further into the field than 20m and no further along the site frontage than is the existing hard surfaced area. This will give a reasonable garden area in proportion to the size of the dwelling. The delineation of the curtilage should be formed by a sod hedge and an application for this permitted before any residential occupation of the building commences.
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.
The Isle of Man Water Authority raise issues associated with the provision of a water supply, which are not material planning considerations and as such the Water Authority should not be afforded party status in this instance.
The Society for the Preservation of the Manx Countryside and Environment and the resident of Port Soderick are not directly affected by the proposal and as such should not be afforded party status in this instance.
The points raised by the Isle of Man Fire and Rescue Service are the responsibility of the Building Regulations and as such this party should not be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 30.10.2007
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. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)
C 3. This permission relates to the change of use of the existing tourist accommodation to permanent residential accommodation, as shown in drawings 2399/1 and 2592/1B both received on 20th September, 2007.
C 4. Notwithstanding condition 3 above, no approval is granted for the use of the entire field as defined as the site in the submitted drawings, for residential purposes. Prior to the occupation of the building as a permanent residence the applicant must have approved by the planning authority the details of how the residential curtilage is to be defined: this should generally be no further south into the field than 20m from the Lane and no further along the frontage than is the existing hard surfaced area and the curtilage should be delineated by a Manx sod hedge in accordance with Planning Circular 1/92. This must form the subject of a new planning application as this application for change of use does not include any building or engineering operations.
C 5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)
N 1. For a change in the water supply to premises (domestic or commercial) the applicant should contact the Isle of Man Water Authority Byelaws Inspector (Michael Karran), telephone 695957.
N 2. The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.
Decision Made : ... Committee Meeting Date : ...
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