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18/00955/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00955/B Applicant : Cheeseden Investments Limited Proposal : Variation of condition 1 of PA 14/01094/B for the demolition of existing building and erection of a detached dwelling and garage, to extend the period of permission for a further 4 years Site Address : Shenvalley House Ballnahowe Port Erin Isle of Man IM9 6JF
Principal Planner: Miss S E Corlett Photo Taken : 03.10.2018 Site Visit : 03.10.2018 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.10.2018 __
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 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.
C 3.Prior to the commencement of any works on site, the applicant must have approved by the Department a scheme for the improvement and restoration of the land to the north west and south east of the proposed dwelling, removing all unauthorised tipped material. Such works must be implemented prior to the occupation of the approved dwelling.
Reason: In the interests of public amenity as viewed from the public footpath.
Plans/Drawings/Information:
This decision relates to drawings 1, 2, 3, 4, 5, 6 and 7 all received on 10th September, 2018.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE STRATEGIC PLAN
THE SITE 1.1 The site is the curtilage of an existing, presently unoccupied building situated on the eastern side of the Balnahowe Road which links Port Erin with Cregneash, together with additional rough land to the west. The property appears a vaguely traditional cottage which has been repaired and extended (rear cat-slide annex) and an older, single storey shed with large vehicular aperture at the front. It was, according to the applicant, originally a cottage which was altered to form an agricultural building for which it has been used up until most recently although the works most recently undertaken may constitute work having commenced on the later application for conversion back to a dwelling. The building sits with its ridge running roughly north to south such that only the gable is visible from the Port Erin direction.
1.2 The site defined in red is 1.1 acres of land of which the proposed residential curtilage represents 0.3 acres. Also within the red line area is an agricultural building which has a footprint of 18m by 9m and which lies to the north west of the house.
1.3 Access to the site is presently either via an existing lane leading past the agricultural building west to the Balnahowe Road, and also access is available to the south west, past a number of properties, back to the Balnahowe Road. A public footpath runs past the north and eastern edges of the site.
1.4 To the north of the agricultural building is a dwelling - Shenvalley Farm - with associated garaging and outbuildings. The applicant also owns land to the west - associated with and operated from Ballaman which lies on the western side of Balnahowe Road.
THE PROPOSAL 2.1 Proposed is the variation of condition one of the approval granted under 14/01094/B for the erection of a replacement dwelling to extend the period in which the approved works may commence by a further four years.
2.2 14/01094/B proposed the extension of the existing residential curtilage from a curtilage which was virtually indistinguishable from the 1.1 acres site in which also sits the agricultural building, to an area of around 0.3 acres. The existing house was to be demolished and a garage built in its place and a replacement dwelling built close by but slightly further - 2m - away to the north west.
2.3 The existing cottage was described as a relatively unattractive property which has a floor area of 126 square metres - the main core of the dwelling being two storey - a frontage of 9m
2.4 The proposed dwelling had an overall floor area of 211 sq m - an increase of 68%. If all of the existing building were included in the calculation, on the basis that it is physically attached to the house, this increase would be nearer 35%. The frontage of the existing cottage was 9m
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compared with the frontage of the proposed which is 11.6m and the depth of the existing 5.5m compared with the proposed which is 6.6m.
2.5 The new cottage was to be turned through 90 degrees from the existing arrangement and orientated with its roof west-east and 8.3m high. The existing cottage is 5.6m high. The dwelling was to be stone faced on all sides, traditionally styled and detailed and with a small front porch on the northern elevation.
2.6 The garage was to be single storey but with a footprint of 7m by 7m and a roof pitched at 30 degrees (the house roofing is pitched at 35 degrees). The remainder of the site was to be lawned and planted.
2.7 This scheme represented a revision to a previous application which was refused, PA 11/01742/B. The changes included the roof pitch being reduced, the overall height reduced, the floor area reduced and the garage reduced in area and height together with a reduction in site area.
PLANNING STATUS 3.1 The site lies within an area designated on the Area Plan for the South adopted in 2013 as open space not designated for a particular purpose. The site lies outside of a draft area of ecological interest.
3.2 The site also lies within a wider area of Coastal Cliffs in the Landscape Character Assessment the Cregneash Head and Meayll Peninsula where the following advice is provided:
"Cregneash and Meayll Peninsula (H4) The overall strategy is to conserve the strong sense of openness of this rugged area, its expansive and dramatic views and to conserve the setting of the numerous archaeological features and Cregneash village and the surrounding traditional field pattern as well as the wartime structures on Meayll Hill.
Key Views Dramatic views of rising uplands to the north and across Port St. Mary Bay to the northeast. Dramatic views across the Sound to the Calf of Man. Panoramic, open views across the Peninsula. Extensive, panoramic, open views across ever-changing sea and sky engulfing the character area on three sides."
"Landscape Proposal 10: Any additional new built development on the Meayll Peninsula, other than very limited development near its northern edge at the former Marine Biological Station, should be avoided as such development would adversely affect the largely unspoilt character and appearance of the Peninsula and/or would diminish its role in providing a vegetated, undeveloped backdrop to Port Erin, Port St Mary and Cregneash."
3.3 There has been no changes in policy in respect of this application.
PLANNING POLICY 4.1 The application seeks only a variation of condition to allow a further period for the commencement of works. It is generally considered to be relevant to consider whether there has been a change in policy or circumstance which would justify a decision different to the one taken in respect of the earlier application. The following policies were applied in 2014 and continue to be applicable.
4.2 Housing Policy 11 allows for the conversion of existing rural buildings into dwellings subject to various criteria.
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4.3 Housing Policy 12 allows for the replacement of an existing dwelling in the countryside provided the existing building has not lost its residential use by abandonment and provided the existing dwelling is not 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 structural condition of the building; the period of non-residential use, or non-use in excess of 10 years; evidence of intervening use; and the intention to abandon.
4.4 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."
PLANNING HISTORY 5.1 Planning permission has been sought for the following developments:
14/01094/B demolition of existing building and erection of a detached dwelling and garage - approved on 24th November, 2014.
11/01742/B demolition of existing building and construction of new detached dwelling with detached garage - refused for the following reason:
"The proposed development, by virtue of the position, size and height of the new dwelling and garage and the size of the new residential curtilage would result in an increased and detrimental visual impact of built development and managed garden in a prominent, open and rural area."
11/00901/B proposed the erection of a replacement dwelling but was withdrawn before a decision was taken.
05/01091/B - alterations and two storey extension - permitted. This application added windows and a canopy onto the front elevation and a rear extension, none of which were implemented but which would have increased the floor area to 173 sq m including the conversion of the adjoining stone store
PA 04/00394/B - renovation and conversion of farm building to dwelling - permitted PA 98/00143/B - creation of farm track and vehicular access to a highway - permitted PA 97/01374/B - creation of farm track and vehicular access to farm buildings - refused PA 96/00521/B - alterations and extensions to agricultural building - permitted.
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PA 96/00522/B proposed the conversion of other outbuildings on the site to residential accommodation, which was approved, implemented and is now Shenvalley Farm dwelling to the north of the application site, and still within the ownership of the applicant.
REPRESENTATIONS 6.1 Highway Services raise no objection seeing as the proposal is no different to that previously approved (12.10.18).
ASSESSMENT 7.1 The justification put forward to recommend approval to the earlier application was as follows:
"In terms of the status of the building, it would appear that it was once a residential property which was converted in the 1990s to agricultural usage. PA 96/00521/B appears to have been partly implemented in terms of the catslide rear roof, roofing of the main building, the beginning of the rendering over of part of the front elevation, changes to the windows in the front elevation. Much of what was proposed in PA 04/00394/B is similar to this although the windows in the side annex, the windows in the rear of the main building and the porch have not been implemented. What was proposed under PA 05/1091/B was significantly different to the earlier schemes and does not appear to have been implemented at all. In essence, what is lawful appears to be the work which has been undertaken to date and which could certainly be continued to be completed as shown in PA 96/00521/B. It is not clear whether the works shown in PA 05/01091/B have been commenced. The building is not currently being used for agricultural purposes: inside there were pallets, sheeting and pieces of timber."
"The existing building is not of sufficient interest or quality to merit a requirement for its retention and it is arguably of poor form - there is no central front door, no three upper window format. Whilst the previous applications in 1996 and 2004 refer to the original structure being an "agricultural building" it had the appearance of a derelict cottage. The 04 application would have restored the building to closer to its original appearance, the 05 application would have enlarged and altered its appearance, both converting it to a dwelling. What is now proposed is more attractive, less visible than both what presently exists and what had approval by being further from the footpath, and is more attractive than both. Whilst the new dwelling is 18% larger than the 50% generally permitted under HP14, some of that amount is due to the application of stone cladding and the property was previously granted an extension of 37% which would have resulted in a less attractive and more conspicuous property than what is proposed. The existing property is of poor form and what is proposed is 0.6m longer and 1.1m deeper than what is illustrated and recommended in Planning Circular 3/91."
"What is proposed does not fit comfortably into the Strategic Plan housing policies as it is not currently a dwelling and would not appear to have been so for quite some time. It did however have permission to be converted to a dwelling in the past, albeit prior to the introduction of the Strategic Plan. What exists on site, and may continue to exist and be used for agricultural purposes, is not attractive nor particularly compatible with other existing properties in the vicinity in terms of its orientation and finish. It is also immediately alongside the footpath. For these reasons, it is considered that the proposal complies with what Housing Policies 11, 12 and 14 are trying to achieve and is recommended for approval."
7.2 Since that decision, the building has changed only slightly: the main structure is more or less the same, the only deterioration being some of the panels on the side of the imitation stacks have fallen off. What was then a new roof has weathered and aged and the sheet roofing which was on the front pitch of the attached building has been removed with the ridge support - a timber pole - sitting in place of the ridge. The remainder of the site has upon it boxes of slates and hardcore and there are red pegs in the ground which mark out the footprint of the approved building on which no work has commenced. The building and site
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have not markedly changed since the original decision in 2014 and there have been no changes in policy which would now justify a different decision. Whilst the Strategic Plan has been amended, these changes relate only to population and housing projections and there have been no changes to the policies which are material to the application (HPs 12 and 14).
CONCLUSION 8.1 The proposal is not considered to be materially different to that approved in 2014 since when there have been no changes in policy or circumstance which would justify a different decision. The application is supported.
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; (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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted
Committee Meeting Date: 12.11.2018
Signed : Miss S Corlett Presenting Officer
Further to the decision of the Committee an additional report and amended conditions were required
YES/NO See below
PLANNING COMMITTEE DECISION 12.11.2018
Application No. :
18/00955/B Applicant : Cheeseden Investments Limited Proposal : Variation of condition 1 of PA 14/01094/B for the demolition of existing building and erection of a detached dwelling and garage, to extend the period of permission for a further 4 years Site Address : Shenvalley House Ballnahowe Port Erin
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Isle of Man IM9 6JF
Principal Planner : Miss S E Corlett Presenting Officer As above
Addendum to the Officer’s Report
The Planning Committee approved the application on 12th November, 2018 but subject to a reduction in time for works to commence within 18 months of the date of the decision and also for the planting to be undertaken no later than within the first planting season following the completion of the works.
Reason for Refusal/Conditions of Approval Delete as appropriate
C 1. The development hereby approved shall be begun before the expiration of eighteen months 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 and to take into consideration the continued declining structural condition of the building
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.
C 3. Prior to the commencement of any works on site, the applicant must have approved by the Department a scheme for the improvement and restoration of the land to the north west and south east of the proposed dwelling, removing all unauthorised tipped material. Such works must be implemented no later than within the first planting season following the completion of the approved works.
Reason: In the interests of public amenity as viewed from the public footpath.
Plans/Drawings/Information
This decision relates to drawings 1, 2, 3, 4, 5, 6 and 7 all received on 10th September, 2018.
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