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Applicant: Mr David Hathersich-Jones Proposal Change of use of upper floor of stables into residential with additional tourist accommodation Site Address Ballayonaigue Farm Lambhill Bride Isle Of Man IM7 4BL Case Officer : Mr Jason Singleton Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 24.05.2021
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 development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate dwelling in the countryside.
This application has been recommended for approval for the following reason. The proposed change of use of the upper floor to tourist / residential would be an appropriate form of development that does not harm the wider countryside in accordance with Environment Policy 1 and 2 and would also comply with Business Policy 11,12,14, Housing Policy 16 and Strategic Policy 8 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to drawings referenced; Site Plan, Location Plan, 1880-02, 1880-03, 188004, submitted digitally and received on 24 March 2021.
While DoI's Flood Risk Management Division is a Government Department have commented it is to say that they have no interest in the application. As such it is not considered they should be afforded Interested Person Status in this case.
________________________________________________________________ Officer’s Report
THE APPLICATION IS BEING REFERRED TO THE PLANNING COMMITTEE AS WHAT IS PROPOSED COULD BE SEEN AS BEING CONTRARY TO HP11 AND EP16.
1.0 THE SITE - 1.1 The application site identified in red is the detached outbuildings associated with is the residential curtilage of Ballayonaigue, Lambhill, Bride. The curtilage is made up of the main dwelling house and a number of detached outbuildings and stables, a horse manege and 7 acres of land that are bisected into paddocks for the horses. The stables outbuilding subject of this application is located to the north of the dwellinghouse (approx.40m) across the courtyard area and accessed from the same private driveway that serves the dwellinghouse. The building is two stories and features three horse stables, a covered drive through space and a separate store on the ground floor and the upper floor is all open plan and utilised for storage in association with the stables and owners horse riding equipment. Access to the upper floor is from external staircases on the side elevation and an internal staircase adjacent to the stables. - 1.2 The building was originally built with planning approval under reference; 05/00029/B which is two stories high and finished in a mixture of painted render on the rear elevation and Manx stone and red brick to the sides and front elevation and a pitched slate roof.
2.0 THE PROPOSAL - 2.1 Proposed is the change of use of the upper floor of the stables building from storage to
2.2 The first floor plan configuration would utilise the whole of the upper floor and would feature an open plan kitchen, dining room and living room with separate utility, bathroom and bedrooms. The ground floor would remain as horse stables as per the existing approval from 2005. - 2.3 The agent on behalf of the applicant has submitted a planning statement which highlights; the stables are private and used in conjunction with the dwellinghouse; the need for the volume of storage area has been reduced over the years as the owner hasn't as many horses now and the requirement for hay storage has reduced as a result; The intended use is for tourist accommodation and occasionally by the family of the owners;
3.1 In terms of local plan policy, the application site is within an area recognised as being "white land" or not zoned for development on the Town and Country Planning (Development Plan) Order 1982. - 3.2 Under the Isle of Man Development Plan Order 1982 the site is also within an area of high landscape value. The site is not within a designated conservation area, or is classified as a registered building, nor is the site within an identified flood risk area. - 3.3 General Policy 3 (in part): Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
3.4 Strategic Policy 8 Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man-made attractions. - 3.5 Environment Policy 16 The use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use may be permitted where:
3.6 Housing Policy 11: Conversion of existing rural buildings into dwellings may be permitted, but only where:
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.
3.7 Business Policy 11 Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted. - 3.8 Business Policy 12
4.1 05/00030/B - Creation of horse trailer garage with loft room storage and creation of covered tractor parking area. Approved with a specific condition; "The building shall be used solely for stabling and associated storage". - 4.2 05/00029/B - Erection of an additional two storey stable block with storage space above. Approved.
5.1 Bride Parish commissioners were wrote to on the 21.04.2021 and at the time of writing no comments had been received. - 5.2 Highways Services have commented (30/04/21) with no objection - 5.3 DoI Flood Risk Management Team have commented (05/05/21) with No Flood Risk Management Interest.
6.1 The fundamental issues to consider in the assessment of this planning application are;
6.2 (i) Principle There is an underlying element to the Strategic Plan Policies which are relevant to the conversion of rural buildings to tourist use which must be taken into account. General Policy 3 allows for conversion of redundant rural buildings in the countryside, taking note of their aesthetic value while Business Policy 11 allows for "development" in the countryside for tourism subject to meeting the conversion tests of Environmental Policy 16. Where applications are for mixed tourist and residential use HP11 and EP 16 have broadly the same material tests. There is the expectation that the buildings should be redundant which is then supported through Business Policy 12 which provides that permission will generally be given for the conversion of "redundant buildings" in the countryside to tourist use, subject to compliance with paragraph 8.10, Housing Policy 11 and Environment Policy 16 of the Strategic Plan. Business Policy 14 provides that tourism development may be permitted in rural areas, but requires compliance with other Strategic Plan policies, including specific cross-references to Business Policy 12, and through that policy to Housing Policy 11. As a result, whilst Housing Policy 11 relates to
there are no material alterations to the external elevations. The building would retain its character as a stables building amongst a collection of smaller stabling buildings and any residential/tourist use would be only noticeable within the courtyard shared with the main dwellinghouse. On balance it is not considered there would be any detrimental impact to adversely affect the countryside from the proposal and would be in accordance with Ep1 and 2.
7.1 Overall, it is concluded that the planning application is in accordance with aforementioned Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.
7.0 CONCLUSION - 7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, the Residential Design Guide 2019 and is recommended for approval.
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
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: 14.06.2021
Signed : S BUTLER 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
Application No. : 21/00330/C Applicant : Mr David Hathersich-Jones Proposal : Change of use of upper floor of stables into residential with additional tourist accommodation Site Address : Ballayonaigue Farm Lambhill Bride Isle Of Man IM7 4BL
Senior Planning Officer : Mr Jason Singleton Presenting Officer As above (correct manually if not the case officer)
The application was approved by the committee with an amendment to condition 2 to allow for ancillary residential use and an additional condition to clarify the extent of the approval (does not relate to the ground floor).
DOI Flooding were afforded IPS.
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.
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