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Application No.: 08/02324/B Applicant: Mr & Mrs Nigel Wood Proposal: Erection of an annexe to provide ancillary living accommodation Site Address: Ballavale Road, Santon, Isle Of Man, IM4 1EH ### Considerations Case Officer: Miss S E Corlett Expected Decision Level: Planning Committee ### Written Representations ### Consultations Consulttee: Highways Division Notes: Do not oppose subject to condition Consulttee: Santon Commissioners Notes:
The site represents a small part of the overall curtilage of a complex of former barns which have been converted to a single residence (see planning history below). The site lies on the southern side of a lane which runs eastward from the Ballavale Road which links the Old and New Castletown Roads (A5 and A25). Opposite the site is Ballavale Cottage - a traditionally styled newly built cottage (as a replacement for the previous cottage on the site - PA 04/0531) and to the east lies Ballavale Farm - a more modern dwelling whose agricultural tie was not complied with and a Certificate of Lawfulness granted in respect of the residential use of the property and site (PA 06/0299). The barns are substantial in area - forming a square of around 35m each side, the western part of which is formed by a dilapidated cottage with brick walling running to the north. The cottage is a very modest building - with an area of around 6m by 4m and truly single storey with no accommodation available in the roofspace.
The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Woodland within a wider area of an Area of High Landscape or Coastal Value and Scenic Significance.
PA 01/01130/A - Approval in principle for conversion of barn to dwelling
PA 02/01228/B - Conversion of barns to dwelling Initial Decision: Permitted 3rd December 2002 Conditions:
PA 04/00624/B - Amendments to approved conversion of barns to a dwelling (02/01228B) including creation of a revised vehicular entrance and a staff cottage Initial Decision: Permitted 3rd August 2004 Conditions:
NOTE: Split stone on a backing render is not acceptable as an external finish.
PA 05/01006/B - Further amendments to approved conversion of barns to a dwelling (02/01228B and 04/00624B)
Initial Decision: Permitted 1st September 2005 Conditions :
PA 06/00205/B - Amendments to approved conversion of barns to a dwelling (05/01006B) to incorporate partial demolition and reconstruction
Initial Decision: Permitted 25th May 2006 Conditions :
PA 06/02243/B - Necessary demolition of further limited areas of existing structure (Amendments to approved 06/00205/B)
Initial Decision: Permitted 16th February 2007
Conditions :
The various applications submitted following the granting of detailed permission for the conversion of the barns sought progressively more demolition and rebuilding of the existing fabric as the approved works were commenced and the true condition of the fabric was discovered and Building Regulation approval sought.
Now proposed is the demolition of the cottage and its replacement by a new building. The application includes a structural report which states that the recommendations are based upon a visual inspection of the building. There are "pronounced" steps within the concrete floor within the building, the roof has decayed rafters and the roof on the western pitch has partially collapsed. The walls exhibit some lean with some walling in brick and some in stone, a tree is presently growing from the north gable wall. The report concludes that the work required to convert the building and restore the defective parts would involve the removal of the roof, north and eastern gable walls which are likely to destabilise the remaining walls and as such the building is not considered to be able to be converted practically or feasibly.
The new building would have a more steeply pitched roof (38 degrees compared with 30 degrees) and the walls would be between 200 - 400mm higher than the existing.
The only application of those approved as set out above, which proposed the use of the building which is the subject of this application, was PA 04/0624 which proposed the use of the cottage and the building alongside as accommodation for staff. The building was to be refurbished and retained and with some rebuilding of the existing walling at the rear of the building alongside the cottage. The building which is in place at present is more dilapidated than at the time of the 2004 approval.
The new accommodation would be for the applicant's mother.
Department of Transport Highways and Traffic Division raise no objection subject to one additional parking space being provided for the new accommodation.
The proposal should be judged against Housing Policies 12, 13 and 14 of the Strategic Plan, but also with respect to the approval which has already been granted and the present character and appearance of the buildings alongside which form the residential curtilage of a single dwelling formed from the converted and rebuilt barns.
These are set out as follows:
Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
a) the existing building has lost its residential use by abandonment; or b) the existing dwelling is of architectural or historic interest and is capable of renovation.
In assessing whether a property has lost its habitable state by abandonment, regard will be had to the following criteria:
i) the structural condition of the building ii) the period of non-residential use or non-use in excess of ten years iii) evidence of intervening use and iv) evidence of intention or otherwise to abandon".
Housing Policy 13 states:
"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 (ie. in terms of floor space measured externally, the extensions measures less than 50% of that or the original)."
Housing Policy 14 states:
"Where a replacement dwelling is permitted, it must not be substantially different to the existing in terms of siting and size, unless changes of siting or size would result in an overall environmental improvement; the new building should therefore generally be sited on the "footprint" of the existing, and should have a floor area which is not more than 50% greater than that of the original building (floor areas should be measured externally and should not include attic space or outbuildings). Generally the design of the new building should be in accordance with Policies 2-7 of the present Planning Circular 3/91 (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for buildings of innovative, modern design where this is of high quality and would not result in adverse visual impact; designs should incorporate the re-use of such stone and slate as are still in place on the site, and in generally, new fabric should be finished to match the materials of the original building.
Consideration may be given to proposals which result in a larger dwelling where which involves the replacement of an existing dwelling of poor form with one or more traditional character, or where, by its design and or siting, there would be less visual impact."
In this case, the cottage is not a stand-alone building and it sits as very much part of a complex of buildings, many of which have been substantially re-built. The scheme would not, if proposed now, comply with the provisions of the Strategic Plan in terms of the amount of fabric which had to be rebuilt and a method statement would have been required which may have demonstrated the amount
of walling to be re-built. The existing building is of poor form and the brickwork detracts from the appearance of the remainder of the complex.
The proposal to re-build the cottage does not comply with Housing Policy 13. However, it is a relatively minor part of the complex, part of whose character is formed by the shape of the buildings forming the courtyard. If this application is refused the building may be removed and either the courtyard will be open or it will be replaced by a wall. Either way the character of the basic form of the buildings will be affected. The new building will be very similar to the existing and there will be no visual impact from the re-building. If the complex had been converted through the retention of the existing fabric then the re-building of this cottage would not be acceptable and its new form would stand out from the remainder of the complex. As it is, there is a virtually new building immediately adjoining the application building, the building is the smallest in the complex and it is considered that as such, permission should be granted for the re-building of the cottage.
The inner courtyard contains ample space for the parking of the additional vehicles and as such a condition requiring additional parking is not necessary.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (S) (c) and (d), considered "interested persons" and as such should be afforded party status.
The Planning Committee considered the application at its meeting of 16th February, 2009. Whilst the application was due to be considered under delegated powers, the unavailability of senior officers to consider it resulted in an extraordinary meeting of the Committee to consider this and a number of other applications.
The Planning Committee considered the application and, being aware of a number of recent applications for renovation or rebuilding of structures where the works would involve rebuilding to an extent which would take the schemes beyond the scope of what is permissible within Housing Policy 13 (eg. PAs 08/1082 in Dalby for a complete rebuild and PA 08/2211 for a partial re-build in Malew) and in order to maintain consistency, the Committee did not accept that there is sufficient justification to set aside the provisions of Housing Policy 13. As such the application was refused.
Recommended Decision: Permitted
Date of Recommendation: 30.01.2009
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The proposal would not result in the renovation of re-use of an existing building and as such, as the building presently does not have residential or habitable status, would not comply with the provisions of Housing Polices 12, 13 or 14 of the Strategic Plan.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : REPOSED Committee Meeting Date : 16/2/09
Signed : Joanne Gallop S. Corlett Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☑ YES / ☐ NO
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