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18/00042/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00042/B Applicant : Richard James Morris Proposal : Variation of condition 1 of PA 13/91300/B for the demolition of existing and erection of a replacement dwelling, to extend the period of approval for a further four years Site Address : Cronk Ny Killey Dreemskerry Ramsey Isle Of Man IM7 1AX
Case Officer : Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 19.02.2018 __
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 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 or re-enacting that Order) no extensions, greenhouses, polytunnels, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, car ports, flag poles or tanks for the storage of oil or gas for domestic heating shall be erected nor windows or rooflights, solar panels or ground or water source heat installations replaced or installed (other than those expressly authorised by this approval).
Reason: To control development in the interests of the amenities of the surrounding area.
C 3. The side and rear boundaries of the site must be formed by a traditional Manx sod hedge constructed in accordance with Planning Circular 1/92 or alternatively a planted hedge, details of which must be approved by the Planning Authority prior to the commencement of works on site.
REASON: in order to protect the amenities of the countryside and provide a clear boundary and extent of residential curtilage.
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C 4. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting & seedam grass roof) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted.
Reason: To ensure the provision of an appropriate landscape setting to the development.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference number 2014/01 REV A and received on 17th January 2018.
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Interested Person Status - Additional Persons
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
The owners/occupiers of Glebe Cottage, Maughold __
Officer’s Report
1.0 SITE 1.1 The application site is the residential curtilage of Cronk Ny Killey, a single storey detached Manx cottage sited on the northern side of the A15, Dreemskerry, Maughold within the Maughold Conservation Area. The application site is located south west of Maughold Church and is approximately 114 metres northeast from 'Yn Jalloo'.
1.2 The existing dwelling can be considered to be a traditional Manx cottage however there is a flat roofed extension on the front elevation corner with UPVC framed windows and another outrigger extension projecting from the northeast elevation. These elements of the existing property are judged to alter the traditional appearance of the dwelling. The traditional cottage section has traditional gable end with chimney stacks and has timber framed windows throughout albeit they are not the traditional sliding sash that would have once been in place.
1.3 The area is characterised by a mix of traditional single storey and two storey cottages. The two storey properties primarily front the highway whilst the single storey cottages have the gable end facing the highway as that of the application site. The properties within the locality are quaint and blend in with the character of the surrounding area and locality.
2.0 PROPOSAL
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2.1 This current planning application seeks variation of condition 1 of PA 13/91300/B for the demolition of existing and erection of a replacement dwelling, to extend the period of approval for a further four years.
2.2 The existing cottage abuts the highway and is single storey with a ridge height of 4.3 metres. The proposed replacement dwelling would also be single storey with a higher ridge height of 5.7 metres. A section of the dwelling would be built into the landscape as a result of the topography of the land. This section of the dwelling would have a grass roof which would create a garden. The new dwelling would be set back 5 metres from the highway.
2.3 The southwest elevation would have a more or less centrally placed chimney, along with a projecting pitched porch and sliding sash windows throughout.
2.4 The northwest elevation would have a large gable end window, 1 sliding sash window and three sets of sliding doors that would serve three ensuite bedrooms.
2.5 Only the upper section of the north east elevation would be visible from the public thoroughfare which would have one small sliding sash window installed. There would also be a door and sliding sash window installed that would serve a study and utility.
2.6 The south east elevation gable would have a traditional gable chimney end, sliding sash windows throughout and a door to a hallway.
2.7 The proposed new dwelling would constitute an increase of approximately 106% increase in floor area (measured externally). The existing dwelling has a floor area of 104 square metres with the proposed dwelling having a floor area of 215 square metres.
2.8 The dwelling would have painted rendered walls, a natural slate roof, black fascias and soffits, gutters and down pipes and slate coppings and corbels.
2.9 The section of the new dwelling that would be built within the landscape would have a grass roof with stock fencing along the northwest edge. There would be griselina hedging along the south east edge.
2.10 The parking area would be in line with the gable end and would be at the same level with the grass roof. The parking area would be 3.5 metres above ground level of dwelling. The existing vehicular access would not be altered with the existing foliage reduced to 1.05 metres to gain a visibility of 2.4 x 25 metres. The parking area would be finished with gravel.
2.11 The northwest section of land to the dwelling would slope downwards from the adjacent field to create a garden area. The residential curtilage would extend into the adjoining field by approximately 7 metres and a further 4 metres in width. The section of extended residential curtilage would slope upwards 3 metres from ground level.
2.12 The existing tree on the south east boundary would be removed which it has a licence to do so. Also proposed is the installation of a new griselina hedge which would stretch 8.3 metres and would form part of the front boundary with the existing front boundary wall remaining.
3.0 PLANNING POLICY 3.1 The application site is not designated for any site specific purpose and is located within an area zoned as an Area of High Landscape or Coastal Value and Scenic Significance under the 1982 Isle of Man Development Plan. As previously mentioned, the application site is within the Maughold Conservation Area.
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3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically relevant to the assessment of this current planning application:
3.3 Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
3.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
3.5 Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
3.6 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10); b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11); c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment; d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14); e) location-dependant development in connection with the working of minerals or the provision of necessary services; f) building and engineering operations which are essential for the conduct of agriculture or forestry; g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
3.7 Environment Policy 1 states: "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."
3.8 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."
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3.9 Environmental Policy 35 states: "Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
3.10 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 by abandonment, regard will be had to the following criteria: (i) the structural condition of the building; (ii) the period of non-residential use or non-use in excess of ten years; (iii) evidence of intervening use; and (iv) evidence of intention, or otherwise, to abandon."
3.11 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 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 generally, 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 which involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design and or siting, there would be less visual impact."
3.12 Planning Circular 3/91: GUIDE TO THE DESIGN OF RESIDENTIAL DEVELOPMENT IN THE COUNTRYSIDE.
4.0 PLANNING HISTORY 4.1 The application site has been the subject of a number of previous planning applications, four of which are considered specifically material to this planning application:
4.2 PA 13/91300/B: Demolition of existing and erection of a replacement dwelling - APPROVED
4.3 PA 12/00832/B: Demolition of existing dwelling and the erection of a replacement dwelling. This previous planning application was refused on the following grounds:
R1. The proposal is contrary to Environment Policy 2 of the Isle of Man Strategic Plan 2007 in that the proposed development, if approved, would harm the visual character and quality of the landscape of the Area of High Landscape or Coastal Value and Scenic Significance within which policy designation/zoning the appeal site is located.
R2. The proposal is contrary to Housing Policy 14 of the Isle of Man Strategic Plan 2007 and Policies 2, 3 and 7 of Planning Circular: Guide to the Design of Residential Development in the
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Countryside in that the proposed development, if approved, would represent an increase in floor area of 124% over the existing dwelling and the extending of the residential curtilage into the adjacent field would result in a prominent and noticeable encroachment of built form into the open countryside.
4.4 PA 11/00496/B: Erection of a replacement dwelling. This previous planning application was withdrawn.
4.5 PA 10/01418/B: Erection of a replacement dwelling. This previous planning application was refused on the following grounds:
R1. The proposed replacement dwelling would result in a floor area 118% larger than the existing dwelling to be replaced, contrary to Housing Policy 14 of the Strategic Plan and as such would not relate closely in terms of impact to the existing dwelling. The resulting visual impact would have an adverse affect upon the character of the surrounding area recognised as being an area of High Landscape Value and Scenic Significance and Maughold Conservation Area and accordingly by causing harm to the character and quality of the landscape, the proposal would also be contrary to the provisions of Environmental Polices 1, 2 & 35.
R2.The size of the proposed dwelling would result in an increase in the existing residential curtilage which would represent an unwarranted encroachment into the countryside, to the detriment of the character of the landscape contrary to Environmental Policies 1, 2 & 35.
4.6 PA 09/01935/B: Erection of a replacement dwelling. This previous planning application was refused for the following reason:
R1. The proposed dwelling would result in a substantial increase over the floor area of the existing dwelling and would represent a much larger, taller building, with a substantial residential curtilage resulting in a dwelling which is significantly more prominent and isolated within the landscape. As such the proposal fails to comply with the provisions of Housing Policy 14 and Environmental Policy 2 & 35 of the Isle of Man Strategic Plan and would be significantly detrimental to the visual amenities of the area.
5.0 REPRESENTATIONS 5.1 Garff Parish Commissioners do not oppose (05.02.2018).
5.2 Highway Services do not object (22.02.2018).
5.3 The Arboricultural Officer (DEFA) noted that a Tree Felling Licence for the Ash Tree has already been granted give decay in the base of the tree and therefore does not object now (19.02.2018).
5.4 The owners/occupiers of Glebe Cottage, Maughold have no objection to the scheme, but seek the Ash Tree to be retained (31.01.2018).
6.0 ASSESSMENT 6.1 The application is to vary a condition that seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional four years to Condition 1 of PA 13/91300/B.
6.2 The principal issue in the assessment of this application is whether there have been any material planning matters (e.g. policy changes / land used designations / Local Plan adoption / new or altered legislation, and so forth) that have changed since the approval of the last application.
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6.3 Since the initial approval there have been no material planning changes which have arisen. The Isle of Man Development Order 1982 and the Isle of Man Strategic Plan 2016 have not been superseded and therefore continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. No new legislation has been brought into force and no objections have been received.
6.4 The reasoning for the time period of all applications is to ensure planning applications cannot have everlasting permissions, and either the applicant needs to commence development or seek a variation of condition to extend the period be submitted. This process to potentially extend the original period is to re-assess whether there have been any changes in local plan/planning policies and/or any other material planning matters. As indicated above there have been none since the last approval.
6.5 Discussions where had in terms of the retention of the tree which has previously been approved to be removed by the previously application and via a Tree Felling Licence. It appears which the applicant's would have liked to retain the tree; although, it appears the tree is suffering from rot at its base, hence why a Tree Felling Licence has previously been permitted. It is considered the new application gives the opportunity for a more details landscaping condition, which includes a replacement tree planning along the roadside.
7.0 CONCLUSIONS AND RECOMMENDATION 7.1 It has been previously assessed that the development proposed is acceptable and the Planning Officer who considered this application made the following concluding comments:
"8.1 There are elements of the proposal that do not fully comply with Housing Policy 14, however what is proposed under this scheme is considered to be an improvement over the existing dwelling as the new proposal would eradicate an existing dwelling which is slowly going into a dilapidated state and has lost many of its traditional features.
8.2 The introduction of a hedge boundary would screen sections of the dwelling along with contributing the existing green hedge boundaries of the site and locality. Views of the dwelling would predominantly be as one travels north east along the A15 with the south west elevation being the most predominate which is the elevation that appears most traditional. In addition, given that the dwelling is set back from the highway would limit its impact also.
8.3 The other factor is that a section of the accommodation will not be appreciated as such as it is below the ground floor level of the main house and will be finished and constructed with a grass roof. Only from the adjoining field, in ownership of the dwellinghouse, would the elevation be visible and possibly from the Coast Road should would consciously look.
8.4 What is proposed under this scheme is adequately considered to address the reasons for refusal of the previous planning applications. The dwelling has been kept to single storey and has incorporated both modern as well as traditional features.
8.5 The proposal is considered to preserve and protect the character and quality of Maughold Conservation Area."
7.2 Accordingly, as previously considered the proposal would comply with the relevant planning policies and therefore recommended for an approval.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent;
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(b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
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 in Article 6(4) 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.
Decision Made : Permitted Date : 08.03.2018 Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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