Loading document...
Application No.: 22/01445/C Applicant: Mr John Ross-Munro Proposal: Change of use from self catering accommodation to residential Site Address: Ballacooil Farm Lhagg Road Dalby Isle Of Man IM5 3BU Senior Planning Officer: Mr Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 14.02.2023
C : Conditions for approval N : Notes attached to conditions
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.
Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.
Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.
The planning application would be an acceptable change of use with conditions that would comply with General Policy 3, Housing Policy 4b and HP11, EP1 /2 of the Strategic Plan and is recommended for approval.
This decision relates to drawings and supporting information submitted on 22 November 2022, referenced; 2022-113-110 - Outbuilding Site Location and Site Plan
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The site is the curtilage of Ballacooil Farm, Lhagg Road, Dalby. The dwelling house is of traditional proportions and character and sits adjacent to an attractive two storey stone barn building approx. 10 m to the north.
2.0 THE PROPOSAL - 2.1 Proposed is the change of use of the stone barn from self-catering tourist use to residential accommodation in conjunction with the main dwelling house. - 2.2 The agent notes in their planning statement; "Planning permission is being sought for change of use from self-catering tourist accommodation to residential accommodation. The plan is to use the approved floor layout plan in one of the barn units as guest accommodation for when family comes to stay and the other will be open plan office space. The reason behind the change of use is due to the client having no intention of running a self-catering tourist business along with not wanting a commercial mortgage".
3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is within an area not recognised for development under the 1982 Development Plan and is also categorised as being with an Area of High Landscape Value and Significance. The site is not within a conservation area or within an area identified as being at flood risk. - 3.2 The IoM Strategic Plan contain the following Planning policies that are considered pertinent in the assessment of this application;
4.0 PLANNING HISTORY - 4.1 The application site benefits from the following approvals; 04/00500/B - Refurbishment of stone barn 04/02099/B - Conversion of stone barn into two self-catering tourist units with ancillary laundry room and store.
5.1 Patrick Commissioners (21/12/22) No Objection. - 5.2 Highways Services commented (30/11/22) No objection.
6.1 The fundamental issues to consider in the assessment of this planning application are;
6.1 The starting point here is the land use designation, which identifies the site as in an area not zoned for development but the site has a previous consent for the conversion to tourist units and has not been in operation. There are no material alterations being proposed to the building and this application is solely a change of use of the building and internal as part
of the wider dwelling house.
6.2 The application is now assessed against the Strategic Plan 2016, which contains different policies than the former assessment in 2004. The planning policies here (GP3b and HP4b) allow exceptions for development in the countrywide and specifically for the conversion of rural buildings to dwellings and a sequential test to assess the proposal again in HP11. The common theme here is the test of redundancy, which in this case cannot be said to be redundant given the current use for domestic storage. Whilst this strictly could be a reason for refusal, when assessed against the remaining aspects of HP11, the proposal would be deemed to satisfy that criteria and the integrity and appearance of the barns would be retained. - 6.3 However, these building were originally converted for agricultural storage and then to tourist use and now seek residential, so the material test is slightly different as discussed below. It is worth noting under the 04/02099/B for conversion to tourist, a restrictive planning condition (10 conditions were attached) was attached to the approval that linked the use to the farmhouse. The condition says; "The accommodation must be used only in association with Ballacooil". In this instance subject to the further assessment below the same restrictive condition can be used that links the use of the stone barn for part home office and guest accommodation to the main dwelling house and as per the layout shown on the submitted plans and not sold off separately to prevent the stealth erection of a separate dwelling in the countryside that would be contrary to policy. - 6.4 On balance, and given the lack of general opposition to the proposal, whilst not strictly in accordance with HP11, the general principle of residential use would not be any different that the current use on site as a blend of tourist and residential as noted by the applicants. Loss of tourism - 6.5 Following the 2004 approval for conversion to tourism, works have been ongoing to complete the structural works and photos have been submitted showing the internal in an ongoing build but broadly complete and water tight, but the use of the building has not been
used for tourist accommodation given the building site appearance of exposed blockwork, floor joist and the none connection of services. As such there would not be any loss of tourist accommodation provision for the Island in this sense. It is understood the use have been for domestic storage in conjunction with the dwelling house.
Visual Impact
6.6 With regard to the stone barn, there would not be any material alterations to the building or its appearance, as such the character and appearance would be retained as a part of the agricultural history of the built environment and complementary to the main farmhouse. In this respect the proposal would have a neutral impact upon the wider rural area. Neighbouring Amenity - 6.7 In considering the proposal, there is little discernible difference between the use as residential and that of tourism. Furthermore it is not considered the existing use as tourist / residential use would be any different than that is used solely for residential in conjunction with the main dwelling house. In this case it is not considered there to be any adverse impact on the neighbouring residential amenity in terms of use, and as such, this aspect complies with General Policy 2(g). Highway Safety - 6.8 Highway Services have considered the merits of the application from a highway safety aspect and do not object, in this instance. Having considered the highways safety aspect and the use of the existing entrance in a safe and appropriate manner with parking and manoeuvring within the site, it would not be considered to have any adverse impact on the existing highway or upon those users entering and exiting the site. As such the proposal would be considered to align with the principles of GP2(h&i).
7.1 The planning application would be an acceptable change of use with conditions that would comply with General Policy 3, Housing Policy 4b and HP11, EP1 /2 of the Strategic Plan and is recommended for approval. - 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:
I can confirm that this decision has been made by a Principal Planner 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 : Permitted Date: 17.02.2023 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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.
Copyright in submitted documents remains with their authors. Request removal
