DEC Offcer Report

Application No.: 19/01057/B Applicant: Rockfell Ltd Proposal: Conversion and extension of redundant mill to create residential dwelling with additional tourist use Site Address: Glen Moar Mill & Glen Moar Tea Rooms Glen Helen Road Laurel Bank St Johns Isle Of Man IM4 3NN Planning Officer: Miss Lucy Kinrade Photo Taken: 13.11.2019 Site Visit: 13.11.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.09.2020 _________________________________________________________________

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. Prior to the undertaking of any works including clearance, two bat emergence surveys shall be submitted to and approved in writing by the Department. These surveys shall be undertaken between May-August and shall identify impacts on bat species together with appropriate mitigation protection measures, and where appropriate include a timetable for its implementation. Reason: To provide adequate safeguards for the bats.
• C 3. Prior to the undertaking of any works including clearance, a written method statement for the details and timing of works to be undertaken within the watercourse, shall be provided to and approved in writing by the Department. The works shall be carried out in full accordance with the approved details. Reason: to safeguard the watercourse and any fish within it.
• C 4. Prior to the undertaking of any works including clearance, a lighting scheme minimising light spill across the river and tree line shall be first submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and retained as such thereafter.

• Reason: In the interest of habitats and species (fish/bats).
• C 5. The development works hereby approved shall be carried out in full accordance with the approved drawings and approved structural reports.

Reason: The proposed works have been considered on an exceptional basis against Housing Policy 11 and that the original Mill structure is to be retained.

• C 6. 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 development shall be undertaken under the following classes of Schedule 1 of the Order at any time:

• Class 13 - Greenhouses and polytunnels
• Class 14 - Extension of dwellinghouse
• Class 15 - Garden sheds and summer-houses
• Class 16 - Fences, walls and gates
• Class 17 - Private garages and car ports Reason: To control future development on the site.

N 1. The applicant/land owner is to be reminded of their obligations under the Wildlife Act 1990 to not cause spread or growth of invasive plants nor to cause harm to protected species, and their obligations for watercourse management and should review/contact Manx Utilities in relation to watercourse management guidance.

This application has been recommended for approval for the following reason.

The proposal is considered to comply with Strategic Policy 1, General Policy 3, Housing Policy 11, Environment Policies 1, 2, 3 and 7, Transport Policies 4 and 7, and Business Policies 12 and 13 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This approval relates to drawing numbers 20/10/01, 20/10/02, 20/10/03, 20/10/04 and planning statement all date stamped and received 26/05/2020, drawing number 19/24/05 and Structure Report date stamped and received 23/09/2019, and Flood Risk Assessment date stamped and received 09/12/2019.

_______________________________________________________________ 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 relating to planning considerations:

Manx Utilities _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The site represents Glen Moar Mill situated on the south-eastern side of the Glen Helen Road part way between Ballig Bridge and Glen Helen, St Johns. The site includes the mill building and a large area of hardstanding which abuts the main road. Adjacent to the mill and

• forming part of the cluster of development here are a number of existing buildings recently converted into residential accommodation. Previously the site was used for the display and sale of motor vehicles and prior to this was used as a filling station.
• 1.2 The existing Mill is set back from the road. It has a 'T' shaped arrangement with a longer front elevation facing the road and an outrigger to the rear. The building has a split level layout following the topography of the land, from the road the building appears one and half storey, at the rear this is much larger as the land falls away, there is an existing mill race running along the rear of the building below which runs the River Neb.
• 1.3 Elevations facing the road are mostly painted render with typical outbuilding openings with small ad hoc windows and doors with exception to the historic glazed office entrance. Central to the front elevation is a peaked gable featuring a hay loft style opening with pully arms above.
• 1.4 At the rear the building remains in exposed Manx stone, there are a number of small window and door opening throughout the rear elevation and throughout the rear outrigger. On the end gable joining the mill race is an existing timber water wheel.
• 1.5 The roof is pitched throughout and finished in slate. During a site visit it was recognised that there had been considerable collapse of part of the rear outrigger roof. THE PROPOSAL

2.1 The current application follows from an original scheme which also included works to the existing residential buildings next to the Mill (also under ownership of the applicant). However following discussions with the agent this element of the scheme was omitted and therefore the current application relates only to the Mill building including physical works to facilitate its proposed conversion into a single dwelling with additional tourist use. - 2.2 In respect of the physical works, proposed are a number of alterations and modifications to existing apertures, the installation of new apertures and the erection of new and replacement extensions to provide additional living space. The works have been summarised as follows and can be reviewed in full on the submitted on the plans:

• o Removal of front gable windows and doors and their replacement with a new floor to ceiling apex feature window with bi-folding doors at ground floor;
• o Removal of existing office entrance and replacement with single door and a new window;
• o Installation of three windows into existing window and door apertures;
• o Removal of two end gable windows and replacement with apex feature window and access doors below;
• o Erection of 7.5m x 4.5m stepped extension finished in stone at the rear providing garage space at lower ground floor, dining and external terrace at upper ground floor and a terrace accessed by a peaked dormer from the living space in the roof.
• o Erection of a 3.5m x 6.5m extension from the rear outrigger gable and above the existing water wheel. This extension is to be finished in stone and is to provide accommodation for the upper floors only. A large apex feature window is to be installed on the end gable facing the river.
• o Removal of existing lean-to rear extension and its replacement with a new lean-to extension finished in painted render;
• o Installation of another peaked dormer on the opposite north facing roof slope;
• o Removal of existing lean-to on northern end gable and its replacement with new extension fitted with ground floor doors and a new small window above;
• o Installation of 5 conservation roof lights to the rear elevation roof slope;

• o The roof is to be replaced with new slates throughout and there will be a height increase of 0.4m to the northern most part;
• o All windows and doors are to be finished in dark upvc;

2.3 The current application follows from an original scheme which also includes change of use and works to the existing cottages opposite the Mill. Following discussions with the agent these works have been removed from the current application. PLANNING HISTORY

3.1 The site and adjacent cottages have been the subject to a number of previous planning applications and there is one concurrent application submitted 2020:

• o 20/00937/C - Additional use of residential (class 3.3) as tourist living accommodation (class 3.6) - pending consideration
• o 15/01387/B - Conversion of tearooms to create two dwellings and siting of a gas storage tank - Approved
• o PA08/00966/B - conversion of the tea rooms into two dwellings and siting of a gas storage tank - Approved
• o PA 03/01490/B - amended scheme to convert mill to a dwelling - Approved
• o PA 03/01403/B - erection of a car sales office - Approved.
• o PA 02/00852/B - conversion of mill to a dwelling and the erection of a sales office - Split Decision (mill conversion approved and sales office building refused).
• o PA 00/02263/A - approval in principle for the conversion of mill to four dwellings and the erection of six apartments/maisonettes - Refused.
• o PA 96/01263/B - extension to the existing garage forecourt - Approved. PLANNING POLICY

4.1 The application site is identified on the 1982 Development Order as being within an area of High Landscape or Coastal Value and Scenic Significance, the site is also adjacent to land covered by water (River Neb) and close to Eairy Beg Plantation.

4.2 The land is not zoned for development therefore General Policy 3 of the IOM Strategic Plan 2016 is applicable, specifically part (b) which refers to the conversion of redundant rural buildings subject to Housing Policy 11. It is also relevant to consider Strategic Policy 1 which seeks to make best use of existing resources, Environment Policies 1 and 2 that seek to protect the countryside for its own sake and protect AHLV's from harm, Environment Policies 3, 4, 7 and 10 in the protection of trees, habitats, watercourses and risk from flood, Transport Policies

4 and 7 in relation to highway safety and Business Policies 12 and 13 in respect of the proposed tourist use.

4.3 General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11)" - 4.4 Housing Policy 11: "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."

4.5 Strategic Policy 1: "Development should make the best use of resources by:

• a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings and re-using scarce, indigenous building materials;
• b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and
• c) being located so as to utilise existing and planned infrastructure, facilities and services."

4.6 Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding 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." - 4.7 Environment Policy 2: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas 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."

4.8 Environment Policy 3: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value." - 4.9 Environment Policy 4: "Development will not be permitted which would adversely affect:

• (a) species and habitats of international importance:

• i. protected species of international importance or their habitats; or
• ii. proposed or designated Ramsar and Emerald Sites or other internationally important sites.

• (b) species and habitats of national importance:

• i. protected species of national importance or their habitats; (1) Wildlife Sites are defined in Appendix 1
• ii. proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or
• iii. Marine Nature Reserves; or

• (iv) National Trust Land.

• (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."

4.10 Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:

• a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;
• b) details of pollution and alleviation measures must be submitted;
• c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and
• d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."

4.11 Environment Policy 10: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4." - 4.12 Transport Policy 4: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 4.13 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." - 4.14 Business Policy 12: "Permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10. - Housing Policy 11." - 4.15 Business Policy 13: "Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents."

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 German Parish Commissioners - no objection (27/07/2020). The Commissions also commented on the original scheme that include works to the existing cottages (which has now been omitted from this application) No objection dated 29/12/2019 and 12/11/2019, and a deferral 03/10/2019.

5.2 Department of Infrastructure Highway Services - Do not oppose (23/06/2020 and 09/10/2019) - considered to have no significant negative impact upon the highway network. - 5.3 DEFA Fisheries directorate - original comments requested a deferral (31/10/2019) which was followed by a request for a 9m Water Course Form (25/06/2020). Most recent comments confirm Do Not Oppose Subject to Conditions (14/07/2020). The 9m Watercourse form has been received; the works are in close proximity to a watercourse and will likely to require the relocation of fish prior to river works commencing in order to safeguard fish including trout and eels. The following conditions are recommended:

• o Any works to the watercourse bank and channel are restricted to the period July to September (inclusive). Reason: To avoid disturbance or injury to spawning fish, or to the spawn and fry of fish, during the season in which they are most at risk
• o Works are conducted according to written method statements agreed in advance with the Inland Fisheries Section in order to allow DEFA fisheries to provide advice on a suitable approach to construction, in order to reduce the possibility of injury or disturbance of fish within the river.

5.4 DEFA Ecosystems and Biodiversity - originally requested a bat report prior to determination and highlighted that Japanese knotweed and Montbretia are found along the river, both invasive plants listed on Schedule 8 of the Wildlife Act and it being an offence to allow spread or growth of these plants, it would be the applicant's responsibility to ensure compliance with Wildlife Act (18/10/2019). After receipt of bat report for the application updated comments were received (03/01/2020) seeking two suitably worded conditions for the provision of 2 bat emergence survey's prior to commencement of development undertaken between May-August detailing findings and any appropriate mitigation and protection measures, and no development until a lighting scheme minimising light spill across the river and tree line has been provided and approved by the Department. - 5.5 Manx Utilities - deferral (01/11/2019). Updated comments received (28/11/2019) - the site is slightly within a fluvial flood zone, the main risk is from the mill race channel running alongside/through the proposed property. As such a brief Flood Risk Assessment report should be produced. The agent for the application provided a Flood Risk Assessment on 30/12/2019.

• 5.5.1 Manx Utilities - updated comments (08/09/2020) - flood risk assessment has been reviewed and its concluded that a residual risk may exist to the basement of the property with the likely source being from the mill channel, but that this should be managed by the eventual occupants and they are to be reminded of their responsibilities as riparian landowners, specifically in relation to channel maintenance. It is encouraged that they read MU watercourse management guidance. ASSESSMENT
• 6.1 While not being located within an existing town, villages or sustainable urban extension, the proposed development is to make the best use of resources by optimising a redundant

building that is located along an arterial route so as to utilise existing infrastructure, facilities and services.

6.2 The rural mill building to be converted is of architectural, historic, or social interest and is substantially intact and verified by the structural report to be structurally capable of renovation.

6.3 In its current state the building is not visually attractive and has been left to deteriorate over the years. The building is likely large enough to form a satisfactory dwelling in its own right, however the current scheme seeks to add additional extensions towards the rear which will provide further accommodation. It could be argued that the flat roof design of one of the extensions and the small dormers could interfere with the original character and interest of the building, however the extensions are in a set back position, their size is reasonable and generally remains subordinate and their design taking into account the original stone materials and accommodates the mill race and water wheel. This arrangement coupled with the general upgrading of the building and its appearance (similar to those works undertaken on the cottage buildings adjacent) will likely result in an overall visual improvement to the whole site and streetscene. - 6.4 The works are to be contained within a small cluster of existing built development and away from trees where no adverse impacts are expected on the quality of the designated AHLV nor on the designated woodland. The residential and tourist uses proposed would not be incompatible with the adjacent buildings and there is sufficient space for parking associated with the development to be accommodated without resulting in any new highway safety issues. - 6.5 For the above reasons the proposal is considered to comply with Strategic Policy 1, General Policy 3, Housing Policy 11, Environment Policies 1, 2 and 3, Transport Policies 4 and 7, and Business Policies 12 and 13.

6.7 Ecology and water form two important parts of the application assessment specifically the protection and safeguarding of bats and fish and ensuring limited or no potential for flood risk. The agent has sought to provide a bat survey, 9m Watercourse Form and a flood risk assessment for the application. - 6.8 DEFA Ecology accepted the findings of the bat report provided by Manx Bat Group (email dated 17tH December 2019). This report stated that the existing building had potential for bats but that there were no obvious signs of bat use, two bat emergence surveys should be undertaken in line with UK Bat Conservation Trust guidelines and prior to commencement of any works, if bats are found details of necessary mitigation and protection shall be provided, and a condition requiring a lighting scheme in minimising light spill to the river and trees at the rear shall also be provided. DEFA also highlight two invasive plant species on site and the applicant's obligation under the Wildlife Act 1990 to not cause spread or growth of these plants and in this respect a suitable note should be added to the application reminding the applicant of this. - 6.9 DEFA Fisheries have been in discussion with the agent and a 9m Watercourse Form has been provided. Fisheries do not oppose the application subject to a suitably worded condition requiring a method statement first being provided to and approved by the Department. This method statement is to include details and timings of the works (including any specific works to the watercourse banks and channels which are to be restricted to July-Sept only) that are to be carried out on site. The method statement should also consider any necessary mitigation and protection measures to further ensure a suitable approach to construction and that the watercourse and its fish are properly safeguarded. - 6.10 In respect of the findings and comments from DEFA regarding bats and fish it is considered that subject to suitably worded conditions relating to bat emergency surveys,

• lighting schemes and method statements including mitigation measures all being provide to and approved by the Department prior to any works commencing on site will result in the development having an acceptable impact on the protected species and their habitats in accordance with Environment Policies 1 and 7.
• 6.11 The Flood Risk Assessment indicates that there is little or no risk of flooding given the river sits approx. 3m below the proposed basement, the proposed extensions will increase the surface area however this is not so far beyond the existing surface area of the site to be of concern. Existing storm water gullies in the area discharge into the mill race which is heavily sedimented. It is recommended that this is dredged and that the mill race banks are cut back and the sluice gates refurbished or replaced in conjunction with the renovation of the Mill. Ongoing maintenance of the mill race also would be in the applicant's best interest to ensure good working order.
• 6.12 Manx Utilities have concluded that the mill race could likely have residual risk to the basement of the proposal, but that this should be managed the owner/occupants and who have responsibility as landowners for channel maintenance. A note reminding them to be aware of the MU watercourse management guidance would be appropriate. Overall however, it is not considered that the proposal will result in any demonstrable adverse harm to the watercourse or to be at any potential risk of flood in line with Environment Policies 7 and 10 and that mitigation works to the mill race will further safeguard the development from any localised flood issues and it would be in the applicants best interest to ensure the continued efficient operation of the mill race and water wheel. CONCLUSION

7.1 Taking into consideration the above, the level and scale of development proposed is considered to be acceptable. The proposal results in an acceptable intervention in the fabric of the existing Mill and is not judged to cause any material harm to the historic interest of the building. The extensions form a more than satisfactory sized dwelling, their location more so towards the rear of the building helps to limit views from a primary public perspective and the expected overall works to the existing Mill coupled with the works already undertaken to the adjacent cottages is likely to present a welcomed upgrade to the immediate rural character of the area.

7.2 In seeking to maintain the sensitive historic character of the buildings the Town and Country Planning Permitted Development rights for extensions, garages, freestanding structures and boundary treatments shall be revoked. This is not to say that such works would be unacceptable but should be subject to consideration and assessment through the planning process. Conditions also added in relation to bats, fish and watercourse, no external lighting and need for compliance with approved drawings to ensure original structure is maintained. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The Planning Committee 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 in Article 6(4) 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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 25.09.2020 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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