DEC Officer Report

Application No.: 22/00208/B Applicant: Mrs Caroline Womerlsey Proposal: Erection of temporary accommodation and access in conjunction with the construction of approved dwelling under planning approval PA 19/01063/B Site Address: Fields 624234 & 624235 Via Ards To Cornaa Myehill Cornaa Ramsey Isle Of Man IM7 1EZ Principal Planner: Miss Abigail Morgan Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 19.05.2022 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal R 1. While it is accepted that the proposal utilises the access approved under 2019, the location of the proposed log cabin is not designated for development nor would it comply with the requirements under General Policy 3. In addition the proposal is not considered temporary, either by construction or proposed time period and would be tantamount to a new dwelling within the countryside which is deemed unacceptable by not complying with Environment Policy 1 and 2.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

- 1.0 THE APPLICATION SITE

1.1 The application site is a parcel of land situated to the North of Field 624234, via Ards to Cornaa, Cornaa, Ramsey. The site is located to the east of Corony Hill (A2), southeast of Corony Bridge and northeast of the settlement of Glen Mona. - 1.2 The site itself is currently grazing ground with no trees in the immediate area. - 1.3 To the South of the proposed site is a rectangular parcel of land, which is on land which rises upwards due to it being on a hillside. This parcel of land appears as a small woodland; but in fact contains a substantial amount of built development, in the way of a traditional Manx farmhouse with rear extension and a single storey detached outbuilding, all constructed with Manx Stone and all without roofs. The buildings to the south appear to appear on the 1860 maps.

2.0 THE PROPOSAL - 2.1 The current planning application seeks approval for the erection of a log cabin measuring 18.3m by 8.3m, which has an overall height of 3.593m. The log cabin is to provide temporary living accommodation for the applicants of PA19/01063/B. - 2.2 The proposal is to have the temporary accommodation for five years in order to complete the construction of the house. - 2.3 Access to the proposal is via the approved access under the 2019 approval for the conversation of the existing building. The new access (into the field separate from the 2019 approval) would involve the creation of a vehicle turning area in the field (which is the same as approved in 2019 and within that red line) and the installation of a biodisc system.

3.0 PLANNING HISTORY - 3.1 There is one previous application which is relevant to the assessment of this application PA19/01063/B which was for "Creation of a dwelling with associated landscaping and access road and erection of detached storage building" and Permitted.

4.0 PLANNING POLICY - 4.1 The site lies within an area zoned as "not for development" and an "Area of High Landscape or Costal Value and Scenic Significance" on the 1982 Development Plan, North Map. The site is not with a Conservation Area, nor a Flood Risk Zone. - 4.2 There are no current provisions within the Isle of Man Strategic Plan 2016 for policies which relate to temporary accommodation, though there is a reference within the Housing Policy section which states, "8.11.3 It is unlikely that permission will be given for permanent replacement of dwellings which were never intended to have a permanent residential use, such as chalets and other structures built of materials for only temporary or seasonal use." - 4.3 Whilst there are no policies regarding the temporary accommodation there are other policies within the Isle of Man Strategic Plan which are relevant to this application these are General Policy 3, Environment Policy 1 and 2 which seek to protect the countryside for its own sake.

5.0 REPRESENTATIONS - 5.1 The following representations can be found in full online, below is a short summary;

5.2 Highway Services have considered the proposal and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking with the proposed access arrangements being similar to PA 19/01063/B. It is noted that condition 6 of 19/01063/B requires the provision of access prior to any operation or occupation. If appropriate and Planning minded to approve, this condition should be repeated and the temporary arrangements provided for a period no longer than three years to ensure timely development of the dwelling. The temporary arrangements to be removed and reinstated should no work on the dwelling and its permanent access ensue." (17.03.22) - 5.3 Garff Commissioners have considered the proposal and state they have no objection. (13.01.22)

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

• - Principle (inc EP1 and 2)
• - Impact on Character and Appearance of the Area (inc EP1 and 2)

- 6.2 PRINCIPLE

• 6.2.1 When looking at the principle of the development (proposed temporary accommodation for 5 years) there are several issues to look at.
• 6.2.2 Temporary accommodation pending the completion of a building project is not unprecedented and it is noted that several applications have been received for temporary accommodation on a site whilst renovations or a new build property is done. These are generally for a shorter time period than requested within this application and for a portacabin/ static caravan/ motorhome, PA20/01069/B, PA20/00177/B and PA20/00055/B to name a few.
• 6.2.3 These applications were approved with conditions which required that the occupation of the temporary accommodation limited to those associated with the implementation of the conversion works approved under the previous relevant application and the accommodation may remain occupied only until a date 2 years from the date of the approval or on completion of the conversion works, whichever is the sooner. There reason for such conditions is because sites are not designated for development and what is being approved is a residential unit on the site which, if retained on completion and occupation of the final related development, would amount to a second dwelling on the site, contrary to the Strategic Plan.
• 6.2.4 It is noted that these applications were for a much shorter period of time and it is acknowledged that for a longer period occupants may wish for additional comfort, that being said there is no justification for the 5 year period for the proposed works under the 2019 approval. What is requested within this application is different to the above cases, firstly the proposal is for 5 years which is considered to be a long period of time for temporary accommodation, although it is noted that while the associated application is still extant (being approved in July 2020) there is no details within the application to state why an exception should be made for this time period and secondly the proposal is for a log cabin.

• 6.2.3 A log cabin is considered to be completely different from what has normally been acceptable when it comes to temporary accommodation, the proposals stated above are for "structures" which are easily removable. Whilst a log cabin could be removed after the 5 year time period is up, given its proposed construction methods and that it would meet current building stands there are some concerns over the temporary nature of the structure.
• 6.2.4 There are also some concerns regarding the proposed infrastructure which go to the temporary nature of the proposal, installation of a biodisc system and parking/turning area. While it is acknowledged that the proposed hardstanding is within the 2019 approval, the

• installation of a biodisc involves quite significant excavation works and no information has been provided about how it would be dealt with at the end of the proposed 5 years, i.e. removal or left.
• 6.2.5 Lastly, there is the location of the proposed log cabin. When the Department accepts temporary accommodation, these are generally within areas close to the site and not cause for concern in that they can be separated easily from the overall site and used as an entity within their own right. While it is acknowledged in this instance that the presence of trees could hamper this here, the proposal could easily be separated from the overall site in question, due to its located being situated away from the main dwelling.

- 6.3 IMPACT ON CHARACTER AND APPEARANCE OF THE AREA

• 6.3.1 The visual impact of the proposed access road was considered under 19/01063/B acceptable and would not result in an intrusive feature in the countryside.
• 6.3.2 When considering these aspects Environment Policies 1 & 2 are required to be taken into account. Environment Policy 1 requires that development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. Environment Policy 2 states the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential.
• 6.3.3 With regards to the proposed log cabin there would only be very limited, fleeting views from the A2, beyond the rectangular wooded area where the 2019 approved dwelling is located. The proposal is arguably most visible from shared public lane to the north and northeast albeit it would be screened by the existing field boundaries which are fairly mature. While the impact of the log cabin could be described as having a minimal visual impact the proposal is not considered essential (but nice for the applicants), and would not comply with the requirements of EP1 and EP2.
• 6.4 OTHER ISSUES

• 6.4.1 While not strictly relevant in this instance, consideration has been given to whether the works would be ancillary to the main dwelling, the log cabin is to be situated within an area outside of the red line residential boundary as per PA19/01063/B, this means that the proposal is not situated within a possible residential site and in turn would not meet the criteria within General Policy 3.
• 7.0 CONCLUSION

7.1 There is a presumption against development here, and all of the above bring to the fore that the proposal whilst on the face of it states it is for temporary accommodation, but with the time period requested, the materials, placement and general lack of information regarding its removal give rise to concerns about the actual temporary nature of the proposal, which would be tantamount to the creation of a new dwelling in open countryside which is protected for its own sake as per Environment Policy 1 and 2. As such the proposal is not considered appropriate and is recommended for Refusal. - 8.0 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 can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Refused Date : 19.05.2022 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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