DEC Officer Report

Application No.: 23/01314/B Applicant: Grenaby Estates Proposal: Conversion of existing detached garage to ancillary, nonhabitable accommodation Site Address: Ballakewin Farm Foxdale Road Ballasalla Isle Of Man IM9 3DW Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.01.2024

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. The proposed ancillary accommodation shall only be used in association with the main dwelling house 'Ballakewin Farm' and for purposes incidental to the use of main dwelling house 'Ballakewin Farm' as a single dwelling, for no commercial purposes.

Reason: The dwelling is within an area not zoned for development and permission has been granted as an exception. The application does not propose to create separate units of accommodation within the site and has not been considered as such. To ensure proper control of the development and to reflect the information provided in the application, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

• C 3. 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 14 - Extension of dwellinghouse

• Class 16 - Fences, walls and gates

• Class 17 - Private garages and car ports Reason: To control future development on the site.

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

Overall the proposed alteration to the existing garage to create additional ancillary accommodation, would be an appropriate form of development which would not be a detriment to the character of the wider locality and as such complies with Spatial Policy 5, General Policy 2 & 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 10th November 2023;

• o Drawing No.01
• o Drawing No.02
• o Drawing No.03
• o Drawing No.04
• o Drawing No.05
• o Drawing No.06
• o Planning Statement _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of Ballakewin Farm which is a detached property situated directly to the West of Foxdale Road. - 1.2 The part of the site in which this application is assessing is detached three car garage situated to the East of the site, directly upon the roadside. The existing garage has three garage doors to the West of the structure and an entrance door to the North of the structure. THE PROPOSAL

2.1 The current application seeks approval for the removal of the existing garage doors and the installation of sliding doors within the space. There are proposed no other alterations proposed within this application. PLANNING HISTORY - 3.1 The following are applications upon the site which are relevant in the assessment of this application; 21/00311/B - Erection of replacement dwelling to include additional use as tourist accommodation with improved vehicular access - Permitted 18/01315/C - Additional use of property as self-catering accommodation - Permitted 11/00855/B - Erection of an extension to and conversion of existing detached garage to create ancillary living accommodation - Refused at Appeal 11/00499/B - Installation of replacement first floor windows to front elevation - Permitted

• PLANNING POLICY
• 4.1 The site lies within an area zoned as "Not for Development" on the Area Plan for the South, Map 4 - Ballasalla. The property is not within a Conservation Area and whilst part of the overall site is within a Surface Water Flood Risk Zone, the garage in question is not within this area.

4.2 The following policies from the 2016 Strategic Plan are considered relevant in the assessment of this application;

• Strategic Policy 1- development should be located to make best use of previously developed land, redundant and underused buildings and utilising existing infrastructure;
• Strategic Policy 2 - focuses new development in existing settlements unless complies with GP3; Strategic Policy 5 - development must be well designed; Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel; Spatial Policy 5 - Development in the countryside will only be permitted in accordance with General Policy 3

• General Policy 2 - detailed 'development control' considerations;
• General Policy 3 - acceptable development in areas not zoned for development; Environment Policy 1 - seeks that the countryside is protected for its own sake Community Policy 7 - designed to prevent criminal and antisocial behaviour;

• Housing Policy 15 - Extension or alteration to traditional styled properties in the countryside
• Housing Policy 16 - Extension or alteration to non-traditional styled properties in the countryside Community Policy 7 - Designing out criminal and anti-social behaviour Community Policies 10 & 11 - implement best practice so as to reduce the outbreak and spread of fire; Infrastructure Policy 5 - Water conservation and management Transport Policy 4 - safe and appropriate provisions for journeys; Transport Policy 7 - parking standards Infrastructure Policy 5 - methods for water conservation REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summery; - 5.2 Highway Services have considered the proposal and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, as there is parking and manoeuvring available for vehicles on-site even with the garage not used for parking, subject to the building being ancillary to the main building." (17.11.23)

5.3 Malew Commissioners have considered the application and state, "No Objections." (06.12.23) ASSESSMENT - 6.1 The site is not designated for development, nor does it meet the criteria of General Policy

• 3. However Housing Policy 15 and 16 and their supporting text clearly allows for the provision of residential extensions and alterations within the countryside where they would not detract from the countryside.

6.2 When looking at the proposal, it is to replace the existing garage doors with sliding doors which will change the use of the site from a garage to additional "living" accommodation for the dwelling. There is information with the Planning Statement which states that the use of the

site could include holding exercises or yoga classes for the occupants of the site, whether they are residents or tourists.

6.3 Overall the proposed removal of the garage would not alter the parking available on the site, with the proposed removal of the dwelling in connection with 21/00311/B which will create an additional 7 parking spaces.

6.4 The proposed use of the structure would not create any additional impacts to the site, whilst this is the case, a condition should be attached that the use is only ancillary to the main dwelling as is not used commercially as this has not been assessed. - 6.5 it should also be noted that the site has not been assessed as a self-contained unit and as such a condition should be attached to state that the structure cannot be used as this. CONCLUSION

7.1 The proposed alterations to the existing garage are deemed to be acceptable with conditions regarding the ancillary use, as the proposal is deemed to be of an appropriate form, mass and design, which would not be a detriment to the character of the wider locality and as such complies with Spatial Policy 5, General Policy 2 & 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2016. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker 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 above who should be given Interested Person Status

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 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 : 24.01.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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.