Officer Report

Application No.: 15/01387/B Applicant: Ugly & Co Ltd Proposal: Conversion of tearooms to create two dwellings and siting of a gas storage tank Site Address: Glen Moar Tearooms Glen Helen Road Laurel Bank St Johns Isle Of Man IM4 3NN Case Officer : Miss S E Corlett Photo Taken: 18.02.2016 Site Visit: 18.02.2016 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of Glen Moar Tea rooms, along with the former mill and forecourt at Laurel Bank, St Johns in the parish of German. The site is located on the southern side of the A3 and is adjacent to the former Glen Mooar car sales and former Glen Mooar Filling Station. Development in this area is sporadic with a cluster of buildings concentrated around Laurel Bank, including a number of residential properties and a timber products design and construction site which has the benefit of a recent approval for replacement of an existing industrial building on the site. - 1.2 The existing buildings on site include a residential cottage and two attached buildings which form the tearooms. A large hardstanding provides parking and a turning area for vehicles and there is also a grassed area to the north east of the building group. The River Neb runs along the southern boundary.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for the conversion of the tearooms to two residential dwellings and the siting of a gas tank. - 2.2 The works would involve raising the existing roof of the one and a half storey building in line with the two storey part of the building and erection of storm porches to both dwellings. It is also proposed to install six conservation grade roof lights in each roof slope. Also proposed are revisions to the fenestration on the southern elevation. - 2.3 The proposal would provide six parking spaces within the existing area of hardstanding. - 2.4 The gas storage tank would be located towards the south eastern boundary, to the north east of the Mill and would not be visible from the public thoroughfare. - 2.5 Further plans have been submitted which show the visibility which is available. The drawing shows 125m to the north east but this does not include a significant part of the nearside

carriageway and in effect demonstrate the visibility which is not available. In reality it is possible to see around 85m to the north east and 100m to the south west.

3.0 PLANNING HISTORY - 3.1 Most recently, planning approval was granted in 2008 under PA 08/00966/B for the conversion from tearooms to create two dwellings and siting of a gas storage tank. There are five differences between the current scheme and previous scheme which are:

• - the roofline to the first floor extension is not stepped;
• - both dwellings have a storm porch;
• - windows would be sash instead of casements;
• - there would be four roof lights rather than two on the south facing roof slope; and
• - the roof lights are now conservation type.

3.2 Planning approval was also granted in 2009 under for the conversion of former mill building to a dwelling. Other previous planning applications relate to the former use of the buildings.

4.0 PLANNING POLICY - 4.1 The application site is located within an area identified as being of High Landscape or Coastal Value and Scenic Significance under the Isle of Man 1982 Development Plan. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains four policies that are considered relevant in the assessment and determination of this application:

General Policy 3 states: "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, historic, or social value and interest; (Housing Policy 11);

Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape of 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 difference 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." 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."

Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Departments current standards."

Appendix 7 sets out the parking standards for different types of development. For typical residential: "2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling."

5.0 REPRESENTATIONS - 5.1 German Parish Commissioners indicate that they have no objection to the application (22.01.2016). - 5.2 The Department of Infrastructure Highway Services indicate that the applicant needs to provide a drawing showing the visibility splays from the proposed access onto the A3. For this section of road, a 60mph, strategic route, which is also on the TT Course, splays of 2.4 x 215 metres would be required. Highways have noted the previous uses of the site and will comment in full once the additional information has been provided (30.12.16). Further information from Highway Services indicates that they do not object as this is an existing site which has had varied commercial use over time the visibility splays of 215 metres which would be required for a new access can be relaxed. They note that the applicant can provide visibility to the north of 2.4 x 60 metres and 2.4 x 110 to the south. It is recommended that the applicant ensures that any vegetation within the visibility sightlines within their control is reduced to 1.05 metres (08.02.16). There is no vegetation within the applicant's ownership which would have any impact on visibility. - 5.3 The Department of Environment, Food & Agriculture: Fisheries advise that they will respond further one the request information has been received and note that the proposed works are in close proximity to a watercourse. There is a potential impact on the nearby watercourse and the applicant is requested to complete a form (05.01.16).

6.0 ASSESSMENT - 6.1 It is considered that there are four issues to consider in the assessment of this current planning application which are set out below:

• 1) The principle of the conversion of the tea rooms to residential;
• 2) The visual impact of the proposed alterations upon the appearance of the existing buildings;
• 3) The impact upon parking and highway safety and
• 4) The impact upon the adjacent watercourse.

6.2 As indicated in the planning history of this section of the report, planning approval has previously been granted for the conversion of the tearooms into two residential properties and as such the principle has previously been approved. There has been no change in policy since then and perhaps more importantly, the site has remained unused and somewhat abandoned since. The site is highly visible and on a prominent route which includes the Mountain Racing Circuit and as such, finding a use for the site which is in all other respects acceptable, is in the public interest. It is a pity

• that a public and tourist-related facility is being lost but the continued lack of use of the site would suggest that this is perhaps not a viable use for the site.
• 6.3 The existing use of the buildings as tearooms is established and has the potential to generate high volumes of traffic at peak times. It is considered that removing this use and introducing residential use in its place would have the effect of reducing traffic movements to and from the site which has limited visibility, particularly to the right when leaving the site. As such, whilst there is limited visibility, the effect of the proposal would be to reduce use and as such it is considered that there is a highway benefit from the proposal.
• 6.4 In terms of the physical changes to the buildings, General Policy 3 sets out circumstances in which exceptions to the presumption against development in the countryside may be made. Housing Policy 11, which specifically relates to the conversion of rural buildings to residential use, is considered to be relevant in the assessment of this application.
• 6.5 With regards to provisions a, b and c of Housing Policy 11, the proposal is judged to accord with the requirements of Housing Policy 11 in that the original use is redundant, the buildings are intact and capable of conversion and it is considered that the buildings form an attractive courtyard group worthy of retention.
• 6.6 The proposal would create two satisfactory sized dwellings which would not be incompatible with adjacent uses given that Glen Moar Mill is redundant. It is also important to note that this building has had previous approval for conversion to a dwelling.
• 6.7 The buildings can be serviced and the proposed external alterations are considered to be generally sympathetic to the existing character of the building and would bring the building back to life and would prevent it falling into more dilapidation. The upward extension of one part of the building would improve its character as viewed from within the site.
• 6.8 In conclusion it is considered that the application complies with Housing Policy 11 of the Isle of Man Strategic Plan 2007.
• 6.9 With regards to the impact of the proposal upon parking and highway safety, as previously mentioned the use of the buildings as two dwellings would result in less traffic using the site than the existing tearooms and as such there would be fewer comings and goings from the site. The site can provide more than enough parking for the two units.
• 6.10 Visibility splays: it is also important to acknowledge that Highway Services do not oppose the current planning application.
• 6.11 Department of Environment, Food and Agriculture Fisheries indicate that harm could come to the watercourse if precautions are not taken in accordance with the information which has been provided to them. The physical development is some distance from the watercourse and the closest element, the septic tank will need to be licenced under Building Regulation and Environmental Health legislation so the safeguarding of the water will be controlled therein.
• 6.12 In summary, the development is considered to be acceptable. The loss of the tea rooms is unfortunate but these have not been operational for some time and were at a relatively small scale and as such, the loss of this facility is not considered sufficient to refuse the application.

7.0 RECOMMENDATION - 7.1 For the reasons set out above, the planning application is deemed acceptable and is recommended for approval.

- 8.0 PARTY STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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 considered material in this case Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

DEFA Fisheries are part of the same Department as is the Planning Authority and as such cannot be afforded interested person status.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 18.02.2016 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

N 1. The applicant is advised to continue to liaise with DEFA Fisheries to ensure that the undertaking of the development does not adversely affect the wildlife interest of the watercourse.

This approval relates to drawings 644/01 and 644/03A both received on 23rd December, 2015 and 644/05 received on 25th January, 2016.

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.

Decision Made : Permitted Date : 22.02.2016 Determining officer

Signed : J CHANCE Jennifer Chance Head of Development Management

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