DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Applicant: Mr & Mrs Paul Corteen Proposal Conversion and extension of existing outbuildings to provide living accommodation Site Address Lower Milntown Farm Lezayre Road Ramsey Isle Of Man IM8 2TH Case Officer : Mr Chris Balmer Photo Taken: 02.11.2022 Site Visit: 02.11.2022 Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 12.12.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• C 3. Prior to the commencement of any development details/scaled drawings are to be provided which demonstrate appropriate flood defence measure which shall include flood gates/flood doors or similar to all ground floor entrances of the dwelling hereby approved which shall be installed prior to the occupation of the dwelling and retained thereafter. Reason: ensure appropriate flood defences to the occupants of the property.

This application has been recommended for approval for the following reason. It is considered the proposal would comply with General Policy 2 of the Isle Of Man Strategic Plan, The Residential Design Guide and the Ramsey Local Plan, not having any significant public or private amenities.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received; 16.09.2022 SM22/588/1 SM22/588/5

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions these do relate to planning considerations:

Flood Management Division (DOI) ________________________________________________________________

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 SITE - 1.1 The application site represents the curtilage of an existing property at Lower Milntown Farm, Lezayre Road, Ramsey. This two storey detached property set within its own grounds to the northern side of Lezayre Road. Within the site is an existing part single part two storey stone barn which has more modern additions with single storey lean to roof and flat roofed extensions.

2.0 PLANNING POLICIES - 2.1 In terms of local plan policy, the application site is within an area recognised as being within a "predominately residential use" under the Ramsey Local Plan. The site is not within a Conservation Area. Part of the site is within a High Flood risk from River flooding, albeit it appears the eastern section of the barn falls outside this area. The flood maps indicate the extent of a flood with a 1% (1 in 100) chance of happening in any year. The driveway within the site is also outside the river flooding area. Surface water flooding also existing in parts of the site. - 2.2 General Policy 2 of the Strategic Plan is considered applicable, which states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;

• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

2.3 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted." - 2.4 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14." - 2.5 Housing Policy 11 states: "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 or interest of the building;
• (e) residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; 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 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."

2.6 Residential Design Guide July 2021

3.0 PLANNING HISTORY - 3.1 The following applications are considered relevant in the determination of this application: - 3.2 Partial demolition works together with external alterations to dwelling - 22/00342/B APPROVED - 3.3 Erection of a quadruple garage and storage building - 22/00504/B - APPROVED

- 4.0 PROPOSAL

4.1 The application seeks approval for the conversion and extension of existing outbuildings to provide living accommodation i.e. separate dwelling. . The works involve the retention of the existing stone barn, but demolition of the existing single slat roofed and lean-to roof extensions to the southwest elevation and replaced with a single storey pitched roof and a two storey pitched roof (gable facing) extensions, which have a similar footprint. - 4.2 In relation to flooding, the internal floor levels are being raised 200mm and all doorways will have floodgate installed. - 4.3 Discussions with the applicant's agent suggests that the applicant wishes to retain the new property proposed now and the existing dwelling on the site. However, the Department has sought a indicative site plan which splits the site into two separate curtilages so an assessment can be made to see if there is appropriate levels of amenity space connected to each of the properties. Both would share the existing driveway/access.

- 5.0 REPRESENTATIONS

5.1 Highway Services comment there is no highway interest (29.11.2022). - 5.2 Flood Risk Management Division (DOI) comment (06.12.2022); "FRM do not support the building or converting to accommodation in a flood zone" - 5.3 Inland Fisheries (DEFA) comment (06.12.2022); "I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective."

- 6.0 ASSESSMENT

6.1 The key issues relate to the; principle of development; potential visual impact upon the site/landscape and individual building; impact upon neighbouring amenities; highway safety; and flood risk. Principle of development - 6.2 The proposal would create a single dwelling. The site is designated for predominately residential use and the site is within the settlement boundary of Ramsey Town. Accordingly, it is considered the principle of a dwelling on this site is acceptable. Potential visual impact upon the site/landscape and individual building - 6.3 Generally, the conversion of exiting Manx barns required consideration of HP11. However, this is generally when the site is not designated for development, unlike this site. The applicants could propose to demolish the existing barn on the site and this may be considered acceptable given the land use designation. However, they are proposing to retain the existing barn which is considered of benefit in terms of retaining historically and architectural interesting features. The inappropriate additions to the south west elevation are being replaced with extension which have more architectural interest; albeit more domestic in appearance. If considering purely against HP11 there maybe concern with this approach. However, given the aforementioned land use designation and that the existing southwest elevation has already been significant compromised with the previous extensions, it is considered the works would be appropriate. Furthermore, the northeast elevation (front) would still retained its traditional Manx barn appearance. Accordingly, from these respects the proposals would comply with General Policy 2 and the Residential Design Guide. - 6.4 In terms of visual appearance from public views the site is well screened from public views, namely from Lezayre Road to the south, given mature landscaping within the site and between the site and highway. Notwithstanding this the scale, form, size, finishes and overall appearance would site comfortable within the site and the landscape, complying with General Policy 2 and the Residential Design Guide.

• Impact upon neighbouring amenities
• 6.5 The only property affected by the development would the applicants existing dwelling Lower Milntown Farm which is located to the north east of the site. There will be an impact, namely loss of privacy, as the site is a single curtilage and very private. The introduction of an additional dwelling will have an impact. However, it is not considered the impact would be so significant to warrant a refusal. The principle rooms of the new dwelling are to the southeast elevation and do not look directly towards Lower Milntown Farm. Accordingly, from these respects the proposals would comply with General Policy 2 and the Residential Design Guide. Highway Safety
• 6.6 The new dwelling would utilise the existing driveway and access onto Lezayre Road. Highway Services have considered the potential impact and raised no concerns. The proposal would have more than sufficient room for two off road parking spaces. Flood risk
• 6.7 As identified the policy test is whether the proposal would result in an unacceptable risk from flooding, either on or off-site. The western part of the existing building is within a high flood risk from river flooding. This section of the building is not increasing in footprint, except for a modest sun room extension to the western gable. The remainder of the works has a very similar footprint to the existing building. Accordingly, it is not considered the proposal would result in an unacceptable risk from flooding, either on or off-site. The proposal includes raising the floor level and installing floodgates at all door openings. The eastern part of the site is not within a high flood risk.
• 6.8 The objection from the Flood Risk Management Division is noted; however, as they have been advised previously by the Department, there is no policy which indicates that if a site is within a flood zone then it should be refused i.e. principle objection. That is not the test, it is whether the proposal would result in an unacceptable risk from flooding, either on or off-site. In this case as indicated from the published flood maps the western section is within an area of flood risk; albeit the eastern part is note. Further the flood defence measures listed and finished floor levels raised help mitigate the flood impact to residents of the dwelling.

- 7.0 CONCLUSION

7.1 Overall, it is considered the proposal would comply with General Policy 2, Environment Policy 13, Housing Policy 4 of the Isle Of Man Strategic Plan, The Residential Design Guide and the Ramsey Local Plan, not having any significant public or private amenities and therefore it is recommended that the application be approved. - 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

• whether there are other persons to those listed above who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. _______________________________________________________________

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : …Permitted……….... Committee Meeting Date:…19.12.2022

Signed :…………C BALMER………….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

PLANNING COMMITTEE DECISION

19.12.2022

Application No

22/01211/B

Applicant Mr & Mrs Paul Corteen Proposal Conversion and extension of existing outbuildings to provide living

accommodation

Site Address Lower Milntown Farm Lezayre Road Ramsey Isle Of Man IM8 2TH Principal Planner Mr Chris Balmer Presenting Officer

As above

Addendum to the Officer Report

The Planning Committee approved the application subject to amendment to the recommendation for Condition 3:

Prior to the commencement of any development details/scaled drawings are to be provided which demonstrate appropriate flood defence measure which shall include flood gates/flood doors or similar to all ground floor entrances of the dwelling, showing the finished floor level of the ground floor of the converted building to be at the same or greater than the finished floor level of the existing dwelling "Lower Milntown Farm" and flood reliance measures to project flood water entering the dwelling hereby approved which all shall be installed/completed prior to the occupation of the dwelling and retained thereafter.

Reason: ensure appropriate flood defences to the occupants of the property.