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The application site comprises an area of land and buildings known as Kerrowcottle, which is sited to the west of Lower Foxdale. The building cluster itself is accessed off the Gleneedle Road as it travels southward towards the ford at Gleneedle. The site is made up of three modest fields, stable block garage and building which whilst recently used for agricultural storage has historically been used as a dwelling.
The site is located within an area of High Landscape or Coastal Value and Scenic Significance in the 1982 Development Plan. The site is not zoned for residential development.
The following Strategic Plan Policy is considered relevant in the consideration of this application:
Housing Policy 13:
"In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost.
Where:
a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and b) there is an existing, usable track from the highway; and where c) a supply of fresh potable water and of electricity can be made
available from existing services within the highway.
This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement buildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space measured externally, the extension measures less than 50% of that of the original)."
PLANNING HISTORY There have been a number of planning applications relating to the site, the following of which are considered relevant to this application: PA 89/00126 - Approval in principle to erect farm dwelling and implement shed, Field 1557/1637 - Refused PA 92/00532 - Renovation of dwelling with addition of porch and window - Refused at appeal 16th April 1993. PA 92/00666 - Replacement of stone barn with alterations to access - Refused. PA 94/00378 - Alterations to convert existing building to agricultural use with improved access - Approved. PA 95/1314 - Removal of piers and building up of window opening in tractor/implement store - Approved. PA 97/00176 - Erection of stables and tack room - Approved
PA 97/00996 - Approval in principle for the conversion of the existing agricultural building to a dwelling - Refused at Appeal 24th April 1999.
PA 01/00676 - Conversion of agricultural building to a dwelling - Refused at appeal 15th august 2002.
PA 04/00347 - Erection of a dwelling to replace existing agricultural building (former dwelling) - Refused at appeal 17th November 2006.
PA 06/00687 – Approval in principle for the conversion of out building to a dwelling. Refused initially 14th August 2006, refused at Appeal 22nd February 2007.
Patrick Parish Commissioners advise that they do not wish to comment on the application and the Department of Transport Highways Division advise that they do not oppose the application. The Society for the Preservation of the Manx Countryside and Environment strongly objects to the application. The Isle of Man Fire and Rescue Service request that the Applicant consult the Fire Safety Department regarding means of escape.
The owner/occupier of Lower Gleneedle, St Johns objects to the proposal as does the owner/occupier of Cronk-e-King, Gleneedle, St Johns.
A resident of Port Soderick advises of no objection in principle.
The application proposes the reinstatement of Kerrowcottle cottage to form a residential dwelling and its alteration/extension by the construction of a single storey kitchen/family room and porch. Roof lights would be installed within the existing roof in order to provide additional lights to the bedrooms of which there would be two. No residential curtilage has been expressly defined; however, this is taken to be the area edged in red on the submitted plan.
The application site has been the subject of a long planning history in relation to proposed residential development on the site. The most recent application (PA 06/00687) sought approval in principle for the conversion of out buildings to a dwelling and was refused on appeal in February 2007.
That application was refused on the grounds that:
"The proposal is considered to be contrary to the provisions of Planning Circular 3/89, Renovation of Buildings in the Countryside, insofar as the buildings are not considered to be worthy of registration, are not otherwise of particular architectural, historic, or social interest; and do not contribute beneficially to the character of the countryside as viewed from highways, footpaths, or other places accessible to the public. In addition there is no evidence of agricultural need sufficient to set aside the well established policies of the Department in relation to new residential development in the countryside which seeks to prevent the proliferation of unwarranted development in the countryside."
Since the consideration of that application, the Isle of Man Strategic Plan has been adopted and whilst this was considered by the previous Inspector in assessing the application, he considered that greater weight should be attached to the current Circulars, in particular Planning Circular 1/88 and 3/89.
In previous applications, reference has been made to the former use of the building as a residential dwelling, particularly in relation to PA 04/00347 the description of which referred to a "an existing agricultural building (former dwelling)", notwithstanding the fact that the Inspector stated "27. There is no dwelling on the site."
However, in PA 01/00676, the Inspector stated: "26. I believe it is significant, given the evidence of former residential use of the appeal building, to establish if residential use has been abandoned. Given the photographic and other evidence submitted, together with application number PA94/0378 to covert the building to agricultural use, satisfies me that any residential use of the property was abandoned a number of years ago. This accords with the conclusion of the Inspector of Appeal AP395 (PA 92/0532) which was held almost a decade ago."
Housing Policy 13 relates to buildings that have lost their former residential status by abandonment and it is considered that the proposal is in accordance with that policy, given the statements in previous appeals as to the residential use. The property is substantially intact, with walls and roof, vehicular access and a supply of fresh potable water and electricity can be made to the property.
The extension proposed would provide a kitchen/family room and porch and would result in an increase of 66.5%, however, given the size of the existing building and the impact of such a limited extension in this location, the proposal is considered to be acceptable.
It is considered that the following who made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
It is considered that the following who 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: Permitted
Date of Recommendation:
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2.
This approval relates to the alterations and extensions and reinstatement of residential status at Kerrowcottle Cottage, Gleneedle, as indicated in drawing numbers 2289/1 and 332-01 submitted and date stamped 13th December 2007.
C 3. The external finishes of the extension must match those of the existing building in all respects.
C 4. 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 single connections to a water main (i.e. a single dwelling) the applicant should contact Isle of Man Water Authority Customer Services, telephone 695949.
Decision Made : ... Committee Meeting Date : ...
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