Officer Report 05/92220/B

Planning Report And Recommendations {{table:121271}} {{table:121272}} {{table:121273}} {{table:121274}} ### Considerations {{table:121275}} ### Written Representations Mr A Jessopp BSc (Hons) ### Consultations {{table:121276}} {{table:121277}}

Officer's Report

Description Of Application Site

• The application site relates to an outbuilding within the grounds of The Old Rectory at The Cronk, Ballaugh. The site is to the northeast of the A10 within The Cronk.
• The outbuilding is currently used for as a store/workshop and is set to the rear of property
• There is also a further outbuilding located 12m away.

• The outbuildings are accessed via a separate driveway off the A10.
• To the south of the application site is Ballaugh Old Church
• To the north of the application site is the residential property of "The Old Smithy".

Proposal

• The proposal is to convert and extend the existing outbuilding to form a dwelling.
• The extension will project 3.5m to the southeast of the outbuilding and will be 4m in width.
• The height of the extension will be 3.1m to the ridge
• Facing and roofing materials to match the existing
• Velux rooflights are to be installed in the northwest and southeast facing slopes of the existing outbuilding.
• New glazing features are to be installed to replace the existing timber doors on the south west facing elevation of the building.
• A lean-to porch is also proposed.

Relevant Planning History

• 03/00226/A – Approval in principle for the conversion of existing garage and storerooms to living accommodation – granted 8th January 2004.

Development Plan Policies

• Isle of Man Planning Scheme (Development Plan) Order 1982
• Planning Circular 3/89 – Renovation of Building in the Countryside
• Isle of Man Strategic Plan (Modified Draft) 2004; GP3, HP15

Statutory Consultation Responses

• Ballaugh Parish Commissioners – No comments received
• Highways Division of DoT – The visibility from the existing access towards the Church is inadequate to serve the needs of the development. The proposed development will generate additional traffic through the conversion of an outbuilding into residential and this new traffic gains access and egress through an existing access with visibility splays which fail to meet the Department’s Policy for access onto the public highway.

Public Responses

• Press notice were posted on 1.12.2005
• Representations have been received from a resident of Port Soderick, IOM Fire and Rescue Service, IOM Water Authority and SPMCE
• The resident of Port Soderick considers this is another potential windfall site and has no objection to the proposal.
• SPMCE have made the following comments:
• Seems a reasonable scheme to an attractive vernacular building, already within the curtilage of a dwelling and furthermore, reads as being within the village grouping.
• The extension is more questionable vide Circular 3/89 and includes the only non-traditional fenestration. On the whole though, we feel it is acceptable as providing a small dwelling with some modern amenity whilst retaining the traditional look in principal as well as in principle!
• No objections
• IoM Water Authority have made the following comments:
• For changes in the supply to a premises (domestic or commercial) the applicant should contact the IoMWA Byelaws Inspector.
• IoM Fire and Rescue Service have recommended the installation of domestic smoke detectors.

Issues

• In 2003, an application for approval in principle for the conversion of the existing garage and store room to living accommodation. This was granted permission subject to conditions on 8th January 2004.

• Condition 5 of the permission stated that the accommodation must be in association with the main house known as "The Old Rectory" and must not be sold off separately. This condition implies that it is to be ancillary living accommodation to the main dwellinghouse.

• This application is a full application and not a reserved matters application to the approval in principle. The application is for the conversion and extension of an outbuilding to form a dwelling. The plans are proposing a self contained unit with no dependence on the main dwellinghouse. I shall assess this application as a new dwellinghouse.

• The difference between an ancillary living accommodation and a dwellinghouse is an important consideration in the determination of this application.

• When the Highways Division of the Department of Transport objected to the approval in principle application there ~~where concerned~~ that the existing access had an inadequate visibility for emerging vehicles in the direction of Ballaugh and would be prejudicial to road safety. However, my predecessor disagreed with this assessment. I assume on the basis that the application was to create living accommodation in association with the main house and was not creating a new dwellinghouse, which would generate more vehicle movements to and from the site.

• The Highways Division of the Department of Transport have objected to this current application on the grounds that the visibility from the existing access towards the church is inadequate to serve the needs of the development. This application has been assessed as being a new dwelling and any new dwelling would generate its own traffic. This proposal will result in the intensification in use of the existing access and would be prejudicial to highway safety.

• Condition 4 of the Approval in Principle stated that "The Reserved Matters application must show a conversion which is sympathetic to the character and appearance of the existing building and must comply with the provisions of Planning Circular 3/89 Renovation of Buildings in the Countryside". I acknowledge this is a full application and not a reserved matters application. However, the principles in condition 4 still apply when considering this application.

• Furthermore, paragraph 4 of the Planning Circular 3/89 states that "Renovation 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 or buildings. Extension of modest and appropriate scale may be permitted for the provision of essential facilities if shown to be impracticable within the existing building and a requirement of the Building Byelaws. Such an extension would have to be of design and materials to match the existing building. No subsequent extension would be permitted."

• When the previous application was considered the previous agent for the applicants had indicated to the Planning Authority that the building is large enough to refurbish internally to provide all the living accommodation that may be required without the need to extend the building. The agents for this current application have not demonstrated to the Planning Authority that the extension is needed because the facilities can not be provided within the existing building or it is a requirement of the Building Bylaws. I therefore consider the proposed extension would appear to be contrary to Planning Circular 3/89.

• Furthermore, a lean-to porch is proposed on the southeast facing elevation of the building. This is not an essential facility and therefore in terms of the policy it would not be permitted. The use of velux rooflights would be intrusive and out of keeping with the character and appearance of the building. I consider current proposal does not re-establish the original appearance of the building and would be contrary to Circular 3/89.

• In terms of the impact on the Old Rectory, the building is set within the rear of the property. The application is proposing to install windows in the south west elevation of the building. The building is off set to the Old Rectory and does not directly overlook the property. I therefore do not consider the proposal would cause any demonstrable harm to the occupiers of the Old Rectory in terms of overlooking or loss of privacy.

• The application is proposing to use the existing vehicular access to the site. The access road would run past the Old Rectory. In particular, with no buffer zone between the access road and the property.

• This application brings traffic movements within close proximity to adjoining property resulting in a nuisance to occupiers of this property. This proposal would reduce the quality of the residential environment due to noise and general disturbance. I therefore consider the conversion into a

dwelling would be detrimental to the amenities of the occupiers of the adjoining property and would be inappropriate.

• The application is also deficient in that the plans do not provide a residential curtilage for the converted building. It would appear to share the same residential curtilage of the Old Rectory. This would provide an inadequate residential environment for the future occupiers of the building and for the occupiers of the Old Rectory in that their space would be used by other residents and would result in loss of privacy, which I consider to be unacceptable.

Conclusion

I therefore recommend that permission be refused for the above reasons.

Party Status

I consider that the following should be granted party status due to them being a Statutory Consultee:

• Ballaugh Parish Commissioners
• Highways Division of the Department of Transport

I consider that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

• SPMCE
• The Fire Safety Officer of the IOM Fire and Rescue Service
• IoMWA; and
• The resident of Port Soderick

Recommendation

Recommended Decision: Refused

Date of Recommendation: 10.04.2006

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1.

The proposed conversion of the existing oubuilding into a dwellinghouse will result in the use of the existing vehicular access being intensified. The intensification in traffic movements from a sub-standard access which does not provide adequate visibility for vehicles leaving the site would be prejudicial to highway safety.

C 2.

The proposal would be contrary to Planning Circular 3/89 "Renovation of Buildings in the Countryside" in that the proposal includes an extension of the existing building which is resisted in Planning Circular 3/89 unless it is for essential facilities.

Whilst the agents for previous application (03/00226/A) had indicated to the Planning Authority that the existing building is large enough to refurbish internally to provide all the living accommodation that may be required without the need to extend the building, No evidence has been submitted by the applicant to demonstrate that the facilities can not be provided within the existing building.

The inclusion of a lean-to porch on the southeast facing elevation of the building is regarded as a non essential facility and therefore is resisted by Planning Circular 3/89.

Furthermore, the proposed use of velux rooflights on the conversion would be intrusive and out of keeping with the character and appearance of the building.

The proposed extensions and alterations would not preserve or enhance the appearance of the building as it presently appears and would be contrary to Planning Circular 3/89 which requires renovations to re-establish the original appearance of the building.

C 3. The use of the access road would by reason of its close proximity to the existing dwelling of the Old Rectory would be detrimental to the residential amenity of the occupiers of that property from noise and general disturbance.

C 4. The proposal by reason of its location and substandard amenity space provision will result in the creation of a poor residential environment for the future occupiers of the dwelling to the detriment of their living conditions.

I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)

Decision Made: Refused Date: 22/4/06

Signed: _________________________ M. I. McCauley Director of Planning and Building Control