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Applicant: Mr Charlie Simpson Proposal Garage conversion to provide tourist accommodation Site Address Kingsley Farm Ballamodha Straight Ballasalla Isle Of Man IM9 3EL Case Officer : Graham Northern Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 23.12.2024
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 that the car parking are achieved and provided and in the interests of highway safety.
Reason: the application has been assessed on the basis of the existing garage being used in association with the existing dwelling at 'Kingsley Farm' only, and not to be used for any independent or separate residential use.
This application has been recommended for approval for the following reason. The application would not harm the use and enjoyment of neighbouring properties and would comply with Strategic Policy 8, General Policy 2 and Business Policy 13 of the Strategic Plan 2016, and the Residential Design Guide 2021 and is recommended for approval.
Plans/Drawings/Information; This approval relates to the following drawings and documents received 25.09.24: Drawing number 24/KF/MSP Location Plan Drawing 24/19/01 - Project. Drawing 24/KF/MSP. Applicants Statement.
_______________________________________________________________ Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objections Local Authority - No Objection
________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The property consists of the main residence Kingsley farm house, a Manx stone 2 bedroom cottage, detached garage, and 3 large green chicken sheds set in approx. 10 acres on the middle of the Ballamodha Straight. - 1.2 The separate cottage gained approval at the end of 2022 for additional use as tourist accommodation on Kingsley Cottage, and has been listed with Island Escapes who manage the bookings. - 1.3 The garage is located some distance from the main house and towards the converted cottage already in tourism use. The garage conversion would be done in the stone cladding to match up with the existing cottage.
2.0 THE PROPOSAL - 2.1 The application seeks approval for the use of the garage for tourist accommodation (use class 3.6).
2.2 The external changes would comprise of stone cladding from ground level to approx. 1 metre above, walling up the garage door and the insertion of new windows and doors to make the outbuilding habitable. - 2.3 One parking space is allocated to the proposals.
3.1 The barn was originally approved for conversion in 2003 and subject to amendments in 2004 with the most relevant being 04/02078/B. - 3.2 The barn was then given permission to be used as tourist accommodation under application 22/01185/C and is known as Kingsley Cottage. - 3.3 Permission was recently granted under 24/91103/B for the "Replace existing Chicken Shed with two Pod structures for Tourist Accommodation"
4.1 The site is not designated for development under the 1982 Plan of the Area Plan for the South 2013. The site is not recognised as being at any flood risk or within a conservation area. Strategic Policy - 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
4.3 Residential Design Guidance provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property.
5.1 The following representations can be found in full online, below is a short summary; - 5.2 LOCAL AUTHORITY Malew Parish Commissioners 16.10.2024 - No objections - 5.3 Statutory Consultations DoI Highway Services 07.10.2024 - finds it to have no significant negative impact upon
highway safety, network functionality and/or parking as the existing access and proposed layout is acceptable for the proposals. The Applicant is advised to consider EV charging points for guests to aid Net Zero ambitions.
6.0 ASSESSMENT The fundamental issues to consider in the assessment of this planning application are;
6.1 The application seeks approval for the additional use of a residential outbuilding into tourist accommodation, policies offer support to such development so long as it does not compromise neighbouring amenity.
6.2 The outbuildings are located some distance from the farm house and relates more closely to the existing barn cottage which is already in use as tourist accommodation. The garage sits within the residential curtilage of an existing road side barn cottage (now tourism) and is large enough for tourism accommodation so in terms of Business Policy 11 it would be no different to a dwelling being converted to tourism accommodation. If anything the garage doesn't result in the loss of a dwelling so is arguably this could be a better proposition. It is important to note the building is already a residential type garage and it's not a rural barn nor abandoned or redundant as being sought by Environment Policy 16. The garage as use for tourism would not be out of place or character given the close proximity to the former structurers and the use of the existing barn cottage as tourism, equally twinned with the external modifications to give a more residential appearance would be appropriate and would cluster the tourist uses together. Greater weight is given to Business Policy 13 for the conversion in this instance. Visual Impact - 6.3 The garage is presently a white rendered structure, only minor changes are sought with a stone cladding to be installed from ground to 1 metre in height. The existing garage door will be walled up and a single window inserted in the east elevation. To the west a pair of patio doors are proposed onto a decked area. The other alterations are again the insertion of new windows all of which are to the ground floor, given the buildings is single storey. The proposals do not extend or make the outbuilding any larger and as such make use of the existing structure with opening alterations to facilitate the proposed use, it is considered as such that the proposal would have a neutral visual impact on the area and would be appropriate alterations to the external appearance for its use as tourism. This aspect is deemed to be an acceptable and a use that complies with those sections of Strategic Policy 8 and General Policy 2(b) & (c). Neighbouring amenities - 6.4 Business Policy 13 indicates that 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. The garage is located nearer to the existing barn cottage which is also used for tourist accommodation and as a result it is not considered the proposals would impact on residential amenity. - 6.5 In this case it is not considered there to be any adverse impact on the neighbouring residential amenity, as such this aspect complies with General Policy 2(g) and Business Policy 13. Highway Safety - 6.6 The site has ample gravel driveway which could accommodate numerous vehicles. The site plan shows one parking space allocated to the proposals and this is considered sufficient given it is unlikely perspective users would travel in separate vehicles. The additional use as tourist use is not considered to significantly increase journeys or parking requirements beyond the provision made, and so the proposal is considered acceptable in these respects to General Policy 2(h&i).
7.1 The application would not harm the use and enjoyment of neighbouring properties and would comply with Strategic Policy 8, General Policy 2 and Business Policy 13 of the Strategic Plan 2016, and the Residential Design Guide 2021 and is recommended for approval. - 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
8.5 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 the Right to Appeal.
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:…13.01.2025 Signed :…………P VISIGAH……………….. 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.
Application No. : 24/91102/B Applicant : Mr Charlie Simpson Proposal : Garage conversion to provide tourist accommodation Site Address : Kingsley Farm
Ballamodha Straight Ballasalla Isle Of Man IM9 3EL Planning Officer : Graham Northern Presenting Officer P VISIGAH Addendum to the Officer’s Report
The Planning Committee considered the application at its meeting on 13 January 2025 and agreed with the recommendation to approve the application subject to the officer's amendment to include two new conditions to address external lighting and timing of occupancy.
The additional conditions shall read: C6: Holiday Accommodation (occupancy period) The tourist accommodation hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation. The accommodation shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.
Reason: To ensure that the development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate dwelling in the countryside.
C7: Low Level Lighting No external lighting to be installed unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to and approved in writing by the Department. Thereafter, any such lighting scheme shall be permanently retained and maintained for the lifetime of the development.
Reason: In the interests of protecting and enhancing the biodiversity of the environment.
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