Officer Planning Report 12/00733/B

Application No.: 12/00733/B Applicant: The Slegaby Estate Ltd Proposal: Conversion of former piggery to form two dwellings with associated car parking Site Address: The Piggery Slegaby Little Mill Road Onchan Isle Of Man Case Officer : Mr Steve Stanley Photo Taken: 26.07.2012 Site Visit: 26.07.2012 Expected Decision Level: ** Planning Committee ---

Officer's Report

THIS APPLICATION IS TO BE CONSIDERED BY THE PLANNING COMMITTEE AT THE REQUEST OF A MEMBER OF THE PLANNING COMMITTEE

Introduction

1. This application seeks permission to convert an existing outbuilding to form two dwellings with associated parking. The site is within an area that is not designated for development.

The Site

1. The application site is a parcel of land located at Slegaby, Little Mill Road, Onchan. Access to the site is from Little Mill Road, which is to the south, via a long track. The land is occupied by a former piggery building and has a number of trees within it. The area around the site is occupied by a number of buildings including some relatively new dwellings (see planning history). A number of mature trees exist close to the building and these form part of a wider area of mature trees.

1. The piggery building is a relatively modern structure built from brick with a pitched roof which is finished with corrugated asbestos sheeting. It has a floor area of approximately 294.5 sq.m (31 m by 9.5 m) and a ridge height of around 5.1 metres. Each gable elevation has three existing doors whilst the front elevation (south east facing) has five high level openings. A site visit has been carried out to view the building.

The Proposal

1. This application seeks approval for the conversion of the existing building to form two dwellings with associated parking. The submitted drawings show the existing building and trees that are within the immediate vicinity.

1. The proposal is for a pair of dwellings to be formed by converting the existing building. The dwellings would be single storey and semi-detached. Each would have a living room, kitchen and four bedrooms along with associated rooms such as a utility room and ensuite bathrooms. A relatively small extension to the rear of each dwelling would be provided to create a porch and W.C. The area to the rear of each dwelling would be

block paved as would an access lane which would run to the rear of the building. The submission includes a structural survey of the building. This sets out the following:

"The property is a single-storey disused piggery built on a levelled site, say 60 years ago. It has a central passage, pens on either side with concrete walls and, adjacent to both external walls, a passageway over a concrete effluent drainage culvert covered with concrete slats. It appears that no that no maintenance has been carried out for a significant period of time.

1. External inspection was carried out from adjacent ground levels and internal inspection from ground floor level.

1. The external walls are of brick cavity construction rendered internally. The duo-pitch roof is covered with corrugated asbestos sheeting supported by timber purlins spanning between timber trusses. The asbestos cement ceiling is supported by timber joists spanning between the trusses. The ground floor is concrete supported by the soil.

1. There was no evidence of differential settlement of the foundations. The walls appeared to be vertical. Self-seeded sycamore trees growing tight against the wall, however, interrupted a clear view of the rear wall.

1. Although there were no movement joints, there were no apparent significant cracks due to temperature and/or moisture variations.

1. The only apparent cracking in the walls occurs at the front corners of the building at about eaves level where slight displacement of brickworks has occurred. Differential thermal movement and consequent cracking between the long south facing front wall and the short end walls has probably occurred. The cracking does not cause concern. Future cracking may be minimised by covering the cracked area with stainless steel expanded metal and rendering over or installing stainless steel helical strips bedded in epoxy resin in bed joints.

1. The walls will have inadequate thermal insulation for the building to be used as a dwelling. The cavities may be insulated using brown expanded silvered polystyrene beads and adding an insulated internal lining or installing internal lining or installing and insulated render system to the external face.

1. The roof structure design is to agricultural standards and not suitable for a dwelling. Therefore, the whole roof construction will require to be removed. The asbestos cement sheeting to the roof and ceiling, being a health hazard, will require to be removed by specialists."

1. The report recommends that the ivy and trees growing adjacent to the building should be removed (subject to approval from DEFA). It is concluded that the building has adequate structural integrity for conversion to a dwelling.

1. The proposal shows that 14 trees would be removed although no information on their species, age, height, health or quality is provided. It is stated that there is an existing licence for the removal of these trees. This aspect of the proposed development has been checked with the Department of Environment, Food and Agriculture. A response has been received which confirms that a licence has been issued (9th February 2012) for the removal of 16 self-seeded sycamores which were growing from the base of the walls.

DEVELOPMENT PLAN POLICIES

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12/00733/E

1. The application site is located within an area of the Island that is designated by the Onchan Local Plan 2000 as being Open Space For Particular Purposes - Private Woodland or Parkland, Plantation. The land is also part of a wider area of Open Space. The Onchan Local Plan also shows that the site is within an area that is identified as being "Land Unsuitable for Development Owing To a Danger of Pollution of an Existing or Future Public Water Supply".
2. The site is identified by the Onchan Local Plan as Area 21 Slegaby and Ballacottier Farms. Specific polices apply to certain buildings within this area however none relates to this particular building. Paragraphs 4.38 and 4.39 set out the following:
3. 4.38 "The Department has received a suggestion that the area between the Clypse and Ballacottier Farms could be suitable for some additional dwellings on an infill basis. There are two stone barns in this area - one, a tuck mill and the other a substantial barn which are worthy of consideration for some type of development. There are also a small number of dwellings scattered around these buildings which collectively could, it has been suggested, become the nucleus for a new dwelling group. The land is generally quite neglected but has considerable potential for an area of great landscape value, ecological and public interest. There is potential for a public footpath to be introduced through this area from the Ballacottier Road and/or the road leading to the Clypse and Kersowdhoo Reservoirs up to the Creg-ny-Baa where the public could appreciate the attractiveness of the area, the unique setting and the buildings of interest."
4. 4.39 "The Department is concerned, however, that the character of this area should not be undermined by the introduction of new, modern buildings - a concern shared by the inspector - and in this respect, the Department would give positive consideration for the conversion of both the substantial barn and the tuck mill to residential use or the demolition of the former and its rebuilding to form a substantial dwelling designed in accordance with policy 8 of planning Circular 3/91 - Guide to the design of Residential Development in the Countryside. Such a proposal must involve the complete demolition of the existing derelict farmhouse alongside the barn and does not permit or imply permission for its rebuilding elsewhere. This proposal does not strictly accord with the Department's general policies regarding the use of redundant farm buildings: however, the building is visible from the Ballacottier Road and the continued deterioration of this building would not be in the interests of the countryside in general."
5. Within the Isle of Man Strategic Plan, the following are judged to be relevant:

Strategic Policy 2:

"New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."

Strategic Policy 10:

"New development should be located and designed such as to promote a more integrated transport network with the aim to:

• (a) minimise journeys, especially by private car;
• (b) make best use of public transport;
• (c) not adversely affect highway safety for all users, and
• (d) encourage pedestrian movement"

Spatial Policy 5:

"New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 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:

• (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);

• (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);

• (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;

• (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry;

• (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and

• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

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 over-riding 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."

Housing Policy 4:

"New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions 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."

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

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12/00733/8

• (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.

PLANNING HISTORY

1. The following previous planning applications are considered relevant to the determination of this proposal (in chronological order):

00/02485/A - Approval in principle for refurbishment of existing dwellings and erection of six new dwellings. Refused.

Reason for refusal:

"Whilst the Department would have no objection to the renovation and conversion of the Tuck Mill or to the demolition of the large stone barn and its replacement with a new dwelling as described in policy O/RES/P/17 of the Onchan Local Plan, or to the replacement of the two existing dwellings which have retained their habitable status ("Glenside Cottage" and "Ballacollister") there is no justification for the additional dwellings as proposed. Indeed the local plan process was presented with such a proposal and it was rejected. The erection of such additional dwellings as such would be contrary to the provisions of the local plan which was adopted by Tynwald on 21st March, 2000."

01/01465/A - Approval in principle for redevelopment of existing buildings to create new dwelling and "white collar" industrial unit. Split decision.

Reason for partial refusal:

"The piggery building has no architectural merit and as such would not qualify for consideration for renovation and/or alternative use under Planning Circular 3/89. In addition the proposed use of 'white collar industry' is insufficiently precise to enable the Committee to be assured that the proposed use is acceptable."

03/00468/B - Refurbishment and extensions to Ballacottier Farmhouse. Refused.

Reasons for refusal:

"Whilst permission has been granted in principle for the refurbishment and extension of this property under PA01/1465, the proposals transform what is presently a modest and attractive traditional cottage into a much more grand country residence which bears no resemblance to the existing property or the character of the area."

03/00469/B - Erection of a two storey dwelling with garage to replace existing cottage. Refused.

Reason for refusal:

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"Whilst permission has been granted for the principle of replacement of this property, under PA01/1465, the conditions of that approval required that the footprint of the new building be no larger than 150% of that of the existing building. Whilst the footprint does not exceed this amount, the proposal also includes a second storey over the main part of the house thus increasing significantly the size of the new property.

Furthermore, the design of the new property is much grander than the very simple and modest cottage which presently exists. As such the scheme would result in a significant change in the appearance of the area."

06/01200/B - Amendments to approved 03/00469/B to include alteration to bay window proportions, addition of a glazed link between house and garage and approval of reserved matters set out in condition 7 of 03/00469/B. Permitted.

06/01201/B - Amendments to approved 03/00468/B to include alteration to bay window proportions, increase in height of side wings and approval of reserved matters set out in condition 5 of 03/00468/B. Permitted.

06/01202/B - Amendments to approved 03/00470/B to include changing facing stonework for staircase enclosure to curtain walling and approval of reserved matters set out in condition 4 of 03/00470/B. Permitted.

07/01653/B - Demolition of existing Tuck Mill and erection of a dwelling. Refused.

Reason for refusal:

"Whilst Planning Circular 1/2000 specifically refers to the conversion of the existing tuck mill into living accommodation, and planning approval exists for such conversion, the erection of a new-build dwelling on the application site is not referred to within the aforementioned document. Indeed, the erection of a new-build dwelling is contrary to the application site's land-use designation under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 2 and planning policies relating to development in the countryside that are contained within Planning Circular 1/2000 and the Isle of Man Strategic Plan 2007.

Specifically, the proposal represents unwarranted development that is contrary to Policy O/RES/P/22, and not in accordance with Policy O/RES/P/15, of Planning Circular 1/2000. Furthermore in this respect, the proposal is also contrary to the provisions of Environment Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2007 that seek to protect the countryside from unwarranted development. It should be noted that, as stated within Housing Policy 11 of the Isle of Man Strategic Plan 2007, the erection of replacement buildings of similar, or even identical, form is not permissible."

08/00900/B - Amendments to dwelling and driveway. Permitted. 08/00914/B - Amendments to access road, parking provision and creation of layby parking. Permitted. REPRESENTATIONS

1. The Highways Division of the Department of Infrastructure originally commented on this application stating that insufficient information has been provided on the submitted drawings to allow the highway and parking arrangements to be assessed. A further plan has now been submitted which shows visibility splays at the access which are to the satisfaction of the Highway Division.

1. The owner/occupier of Glen Rosa, Little Mill Road, Onchan objects to this application. Their objection may be summarised as concerns that the development is proposed in an area that is at a high risk of pollution to present and future water supply. It is also stated that the landscape should remain as it is.

1. The owner/occupier of 33 Ballaquark, Douglas objects to this application. Their objection may be summarised as concerns that the land is designated by the 1982 Development Plan as being unsuitable for development owing to a danger of pollution of an existing or future water supply. It is stated that the building has no architectural merit and do not meet the criteria for the conversion or renovation of buildings in the countryside. It is commented that if the building is redundant it should be demolished. It is stated that the use as dwellings with the associated activities such as washing on lines and lit windows at night would have a much greater impact than the existing building. It is concluded that the proposal would fail to meet with Environment Policy 1 of the Isle of Man Strategic Plan.

1. Onchan District Commissioners recommend that this application be approved.

1. The applicant submitted a letter which was received on the morning of the last Planning Committee meeting (6th August 2012). The letter sets out that having read the officer's report and recommendation, a number of points are disputed. It is felt that the recommendation to refuse the application emphasises just one aspect of the Strategic Plan Housing Policy 11, namely part (c) which relates to architectural, historic or social merit. In doing so it is considered that the other parts of HP11 have been ignored. The letter should be read in full to in order to understand the applicant's argument however one consistent point that is made is that which suggests that the planning officer has been subjective in concluding that part (c) is not met by this proposal. With regards to visibility at the access onto the highway, it is stated that "The plans clearly show 'Slegeby Ride', an entirely new road built to adopted standards with the involvement and approval of the Highways Division of the Department of Infrastructure. Slegeby Ride runs to the Slegeby hamlet from the Ballacottier Road (inaccurately described in the report as Little Mill Road). At the requirement of the Highways Division, Slegeby Ride provides new sole access to Slegeby, which previously was by the ancient Slegeby Lane via a dangerous connection to the TT course. Splays were set where Slegeby Ride meets the public highway at Ballacottier Road. Passing places were built at regular intervals with wide verges and street lighting near the houses which give this modern highway a level of safety and capacity far beyond any increase in traffic caused by two more houses." In terms of the issue of water pollution, the applicant points out that the Isle of Man Water and Sewage Authority has not raised any objection to the proposal.

ASSESSMENT

1. The key issues to be assessed in the determination of this application are whether the proposed conversion would meet the requirements of Housing Policy 11 so to qualify as an acceptable exception to the general presumption against development in the countryside.

1. Housing Policy 11 provides detailed guidance on proposals to convert existing rural buildings into dwellings. The policy sets out a list of criteria which must be met in order for a proposal to be deemed acceptable. The paragraphs which precedes the policy state:

8.10.1 "Throughout the countryside, there are examples of buildings which are no longer suitable or needed for their originally intended use, but which are of sufficient quality or interest to warrant retention and re-use."

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8.10.2 "Conversion of such buildings into dwellings can make a useful contribution to the housing stock, ensure retention of our built heritage, and improve the appearance of what might otherwise become derelict fabric."

1. There is nothing within the application to demonstrate that the building is redundant, however given the recent development of a number of buildings associated with the previous agricultural use of the land it is likely that the original use of the building is indeed redundant. The building is intact and the structural report suggests that it could be converted to form two dwellings as proposed which is perhaps not surprising given the age of the structure.

1. The structural survey suggests that the building is approximately 60 years old and of brick construction. From visiting the site and viewing the building, it seems clear that the piggery is a relatively modern structure which does not contribute positively to the surrounding area. It has a low-key appearance and sits surrounded by trees resulting in a limited visual impact. The proposed development would lead to an increased visual impact by virtue of the removal of the existing trees, changes to the external appearance of the building and the paraphernalia that would result from domestic use.

1. The Building Conservation Officer has been asked for his opinion on the merits of the building. He has concluded that the building has no architectural, social or historic value to warrant its retention. As such part (c) of Housing Policy 11 is not met by this application. This is a very important part of the policy as it distinguishes between rural buildings which contribute positively to the character and appearance of the countryside and those that do not. If this aspect of the policy is ignored it would serve to seriously undermine the strategic aims of the development plan of containing new development within or on the edge of existing settlements. Housing Policy 11 makes a generous exception to this strategic aim by allowing rural buildings of interest which are redundant and intact to be converted to form dwellings in order to ensure the long term protection of such buildings and the contribution that they make to the Island's character.

1. Whilst other parts of Housing Policy 11 may be achieved by the proposal, the requirements of the policy must be met in full which is not the case here. For this reason the application is deemed to be unacceptable. It would fail to meet with relevant planning policies and would undermine the character and appearance of the countryside contrary to Environment Policy 1.

1. The Highways Division originally commented on the application questioning the access and parking arrangements. It would seem that the site could accommodate at least 4 vehicles (2 per dwelling) as per current requirements and as such this is not judged to be an additional reason to refuse the application. Following the submission of a plan which shows the visibility splays at the existing access, the Highways Division is now content that the access could serve the proposed additional dwellings in a safe manner.

1. The application is silent on the matter of water pollution despite being within an area that the Onchan Local Plan 2000 identifies as being unsuitable for further development due to the proximity of existing or future public water supplies. This issue has been raised with the Isle of Man Water and Sewerage Authority. Officers have indicated verbally that they have no objection to the development on the grounds of potential water pollution and have commented that the maps that they refer to in order to in terms of water supply catchments areas do not include the application site. On this basis, whilst not demonstrating otherwise, it is judged that the comments of IOMWASA are sufficient to render the application acceptable with regards to impacts upon water supplies. Formal written confirmation from the IOMWASA is expected to be received.

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before the planning committee meeting at which point Members will be updated verbally.

RECOMMENDATION

1. It is recommended that this application be refused as it would contravene Housing Policy 11 and as such would represent unwarranted development in the countryside. Accordingly the proposal would fail to meet with the provisions of Spatial Policy 5, General Policy 3 and Housing Policy 4.

PARTY STATUS

1. The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

1. The following parties are not judged to meet the criteria of Planning Circular 1/06 and as such it is recommended that are not granted Interested Party Status:

• The owner/occupier of 33 Ballaquark, Douglas
• The owner/occupier of Glen Rosa, Little Mill Road, Onchan

1. The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.

Recommendation Recommended Decision: Refused Date of Recommendation: 26.07.2012 Conditions and Notes for Approval / Reasons and Notes for Refusal C. Conditions for approval N. Notes attached to conditions R. Reasons for refusal O. Notes attached to refusals

R. 1.

The existing building is not of architectural, historic, or social interest and as such the proposed development would contravene Housing Policy 11 and accordingly would represent unwarranted development in the countryside. It follows that the proposal would fail to meet with the provisions of Spatial Policy 5, General Policy 3 and Housing Policy 4.

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

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Decision Made : .............................. Committee Meeting Date : 20.8.2012

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