DEC Officer Report

Application No.: 23/00496/B Applicant: Mrs Anne Criane Proposal: Erection of replacement dwelling Site Address: Cooil Ny Cronk Ballure Ramsey Isle Of Man IM7 1AD Principal Planner: Mr Chris Balmer Photo Taken: 08.02.2023 Site Visit: 08.02.2023 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 13.06.2023

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. 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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.

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

Accordingly, the proposal respects the site and surroundings in terms of the siting, layout, scale, form, design of buildings and the spaces around and the character of the surrounding landscape or townscape complying with General Policy 2 (b) & (c). Furthermore, while resulting in a larger dwelling albeit, not especially more apparent from public views, it is considered the resulting dwelling would be of benefit to the landscape sitting well within the countryside setting complying with Housing Policy 14. Lastly the proposal would not adversely affect the countryside or harm the character and quality of the landscape complying with Environment Policies 1 and 2 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 26.04.2023. ______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The application site represents the residential curtilage of Cooil Ny Cronk which is an existing traditional Manx farmhouse style with three uppers windows over a central doorway which would have been flanked with a window either side. However, in this case the window to the right of the door has been blocked up and the left is a more modern picture window, replacing the original sliding sash styled window. The upper three windows are no longer sliding sash windows but top opening casement windows (30/70 split). The detached dwelling is situated at the southern side of the A2 road. The site is located off a private road which is set above the A2. The property is adjacent to the Ballure Holiday Homes within Maughold.

2.0 PROPOSAL - 2.1 This application seeks approval for the erection of replacement dwelling. The proposed dwelling would be very similar in style and size as the existing, being a traditional Manx farmhouse design with three uppers windows over a central doorway which would have been flanked with a window either side. A rear outrigger is also proposed which is two storeys. The extension would have a maximum depth of 7m and a width of 6.7m. The extension has a pitched roof, but included a glazed section at the ridge line. The works also involves the reintroduction of sliding sash windows to the front, side and rear elevations back to the original style and size (where relevant). - 2.2 The works also include a car part to the front elevation which would be attached to the front elevation of the dwelling and the adjacent retaining wall which currently fronts the property.

- 3.0 DEPARTMENT POLICIES

3.1 The application site is within an area of High Landscape Value or Costal Value and Scenic Significant and "woodland" under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area. - 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application: - 3.3 Environmental 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." - 3.4 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for

development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential."

3.5 Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:

• (a) the existing building has lost its residential use by abandonment; or
• (b) the existing dwelling is of architectural or historic interest and is capable of renovation. In assessing whether a property has lost its habitable status(1) by abandonment, regard will be had to the following criteria:

• (i) the structural condition of the building;
• (ii) the period of non-residential use(2) or non-use in excess of ten years;
• (iii) evidence of intervening use; and
• (iv) evidence of intention, or otherwise, to abandon."

3.6 Housing Policy 14 states: "Where a replacement dwelling is permitted, it must not be substantially different to the existing in terms of siting and size, unless changes of siting or size would result in an overall environmental improvement; the new building should therefore generally be sited on the "footprint" of the existing, and should have a floor area(1), which is not more than 50% greater than that of the original building (floor areas should be measured externally and should not include attic space or outbuildings). Generally, the design of the new building should be in accordance with Policies 2-7 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for buildings of innovative, modern design where this is of high quality and would not result in adverse visual impact; designs should incorporate the re-use of such stone and slate as are still in place on the site, and in general, new fabric should be finished to match the materials of the original building.

Consideration may be given to proposals which result in a larger dwelling where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact."

3.7 Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside

- 4.0 PLANNING HISTORY

4.1 The previous planning application in association with the site is considered relent in the determination of this application; - 4.2 Alterations and erection of extensions to provide Car Port and additional living accommodation to dwelling - APPROVED - 21/01549/B

- 5.0 REPRESENTATIONS

5.1 Highway Services have no objection (22.05.2023). "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider installing cycle parking and an electric vehicle charging point to aid Active Travel and net zero objectives." - 5.2 The Garff Commissioner's (25.05.2023) made the following comments:

• "Members noted that the size, scope and style of the proposed dwelling was being retained. They had no objections to the 1.5m variation in the footprint and recommend approval of the application."
• 5.3 Ecosystem Policy Officer (DEFA) comments 24.05.2023) initially sought further photographs to determine if a bat survey was required. These where provided and they confirmed there was no evidence of bats (07.06.2023).

- 6.0 ASSESSMENT

6.1 The principle issues to consider with this application are; principle of the demolition of the existing dwelling and the potential visual impact of the works to the countryside setting/landscape. Principle of the demolition of the existing dwelling - 6.2 Under the provisions of General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2016, the erection of a replacement dwelling on a one for one basis is an accepted exception to the general presumption against development within the countryside. - 6.3 Next issue to consider is in relation to Housing Policy 12 and whether the existing building has not lost its residential use by abandonment, albeit is in a poor condition. The applicants agent explains while it was initially their intention to retain and extend (previous application), it has become clear that the property requires new roof and defective first floor timber joists, essential all would need to be removed leaving the four Manx stone walls. However, the applicants indicated that these have issues also with penetrating and raising damp, namely the south-easterly gable end wall which is adjoin a two storey retaining wall. The new proposal would enable moving the new dwelling away from this retained wall to prevent similar issues in the future. - 6.4 In terms of whether the existing dwelling is of architectural or historic interest, it has neither. The dwellings has been significantly altered externally in the past, presuming it was once a traditional Manx Farmhouse, which has a number of changes to is windows fenestration including inappropriately sized/styled windows, bay windows installed, blocking up of windows and the dwelling has been pebble dash/dashed finish. Accordingly the demolition of the dwelling in principle is acceptable. Potential visual impact of the development upon the landscape and individual dwelling

6.2 Currently, the dwelling is very well screened from public views when travelling along the A2 Road; given the mature vegetation (trees/hedgerows etc) of the site and along the roadside. The dwelling is also positioned above the road level given the topography of the site which is set on a hillside. - 6.3 The proposal which essential replicates the existing dwelling in a traditional in form and appearance, albeit the window fenestration proposed introduce the original traditional styled sliding sash windows and would restore the appearance of the property as an original Manx farmhouse design. - 6.4 As can be seen, Housing Policy 14 raises a number of issues that need to be taken into account. The first relates to the replacements dwellings siting. The proposal does comply with this section of the policy; albeit larger footprint result in the dwelling going beyond in parts. The dwelling's existing residential curtilage remains as it is currently and does not require its expansion. In relation to this aspect of the policy the proposal would comply. - 6.5 The second aspect of HP14 to consider relates to the size of the new dwelling. This proposal would equate to a 75% increase (proposed floor area 171 sqm & existing floor area

• 97.2sqm). Therefore the proposal does potentially not comply with this section of the policy, being larger than the generally permitted 50% threshold.
• 6.6 However, Hp14 does allow consideration be given to proposals which result in a larger dwelling where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact.
• 6.7 In this case the scheme in terms of its form and design is in the main more traditional than the existing altered property. The proportion and form of the main aspect of the dwelling following the guidelines of Planning Circular 3/91 again an aim of HP14, being a traditional farmhouse style. The rear two storey outrigger is traditional in proportion, scale and form. There is a single storey rear extension aspect which is flat roofed, but is more contemporary in design and of a good quality in terms of finishes and overall appearance. The rear outrigger is also identical to what was approved under the previous application to extend the existing dwelling.
• 6.8 It is considered the proposals would appear as a subordinate extension, while still allowing the main dwelling house being the main aspect within the site. The new dwelling and new fenestrations and finishes to the front (and other elevations) elevation would restore the original appearance of the property. The front car port is perhaps more unusual; however, given the proximity of the adjacent retaining wall which front the property, it is not considered this is unacceptable in this instance, again this was approved previously. On other sites this car port to the front of the dwelling would cause concern. Other matters
• 6.9 Given neighbouring properties (holiday cottages) to the south of the site are approximately over two storeys above the application site, the proposed works would not have any significant impacts to warrant a refusal.

- 7.0 CONCLUSION

7.1 Accordingly, the proposal respects the site and surroundings in terms of the siting, layout, scale, form, design of buildings and the spaces around and the character of the surrounding landscape or townscape complying with General Policy 2 (b) & (c). Furthermore, while resulting in a larger dwelling albeit, not especially more apparent from public views, it is considered the resulting dwelling would be of benefit to the landscape sitting well within the countryside setting complying with Housing Policy 14. Lastly the proposal would not adversely affect the countryside or harm the character and quality of the landscape complying with Environment Policies 1 and 2 of the Isle of Man Strategic Plan 2016. - 7.2 It is recommended that the application be approved

- 8.0 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.

8.3 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 Interested Person Status.

I can confirm that this decision has been made by a Principal Planner 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: 15.06.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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