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                                      18/01060/B                                     Page  1  of  8

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/01060/B Applicant : Mr & Mrs James Simpson Proposal : Erection of a dwelling with detached garage Site Address : Ballacaroon West Baldwin Road Mount Rule Isle Of Man IM4 4HS

Principal Planner: Mr Chris Balmer Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 20.12.2018 __

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. By 31st January 2019 full details of soft landscaping works shall 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 planting to the roadside boundary, the communal garden area and mitigation tree planting. 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 hereby approved sheltered apartments, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure the provision of an appropriate landscape setting to the development.

C 3. The development hereby approved shall not be occupied until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

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C 4. 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 5. By 31st January 2019 the access shown on drawing 204 is required to be constructed and the visibility splays of 2.4m x 72.0m to the left (west) and 2.4m x 41.0m to the right (east) shall be provided and remain unobstructed at a height of 1.05m above carriageway level thereafter.

Reason: In the interest of highway safety

C 6. All gate posts / gateway entrance features that fall within the visibility splays shall be no higher than 1.05m above carriageway level.

Reason: In the interest of highway safety

C 7. No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

C 8. The protective measures detailed in the Tree Protection Plan (drawing TP-26916v2) submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process.

Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers 200, 201, 202, 203 REV A, 34 REV A and 204 received on 9th October 2018, 9th November 2018, 22nd November 2018 and 7th December 2018. __

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):

Manx Utilities as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A

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of the Policy and are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy __

Officer’s Report

1.0 SUMMARY OF PROPOSALS 1.1 This application follows on from a series of previous applications for this site. These applications have generally been for the demolition of the existing dwelling and the erection of a new, larger dwelling further back on the site, together with the conversion of the existing stone barns and/or demolition of these barns and erection of a detached garage black.

1.2 This latest application proposes slight alterations to the previously approved replacement dwelling and the erection of a detached garage. This current application only proposes a few tweaks to the design. It does not increase the size or height or footprint of the building. Hence it is not proposed to go before the Planning Committee.

2.0 THE APPLICATION SITE 2.1 The application site currently on site which has been cleared and works have been commenced, albeit whether the works are the currently approved dwelling or this current under consideration is not known, as the works at this time are the same either way. Works included the demolition in recent time of the former dwelling (Ballacaroon) and number of redundant stone and pre-fabricated outbuildings at Ballacaroon Farm, Mount Rule, Braddan. The former dwelling was located directly adjacent to the road. To the north of site is the A23 (West Baldwin Road) and to the west of the site is Mount Rule Equestrian Centre. To the east of the site is an unmade access lane. The application site is approximately 0.5ha in area.

3.0 PROPOSAL 3.1 The application seeks approval for erection of dwelling and detached garage.

3.2 The proposed dwelling in terms of proportion, form and size is proposed to replicate a traditional Manx farmhouse design, with five upper windows over a central doorway with two windows set either side of the front door. The elevations of the main dwelling house would be painted render with a natural slate roof. The proposal also includes a two storey side extension finished with stone to the east elevation which forms an 'L' shape.

3.3 The proposed dwelling would be sited approximately 23 metres to the south of the original footprint of the dwelling. The proposed dwelling would be sited on the original steel framed barn which again has been recently removed. The residential curtilage would remain as approved under the previous permissions.

4.0 PLANNING HISTORY 4.1 The application site has been the subject of a number of previous planning applications, of which are considered specifically material to the assessment of this current planning application:

4.2 Approval in principle for the erection of a replacement dwelling, renovation of existing stone barn and access improvements - 06/01535/A - REFUSED

4.3 Approval in principle for the erection of a replacement dwelling and renovation and extension to existing stone barn - 07/00540/A - APPROVED

4.4 Reserved Matters application for the erection of a replacement dwelling and conversion of outbuildings to guest accommodation and garaging - 09/01154/REM - WITHDRAWN

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                                      18/01060/B                                     Page  4  of  8

4.5 Demolition of existing and erection of a replacement dwelling and renovation of existing barns to form a single dwelling - 11/00033/B- APPROVED

4.6 Demolition and replacement of existing dwelling including renovation of existing barns (Amendments to PA 11/00033/B) - 11/01518/B - APPROVED

4.7 Demolition and replacement of existing dwelling including renovation of existing barns (Amendments to PA 11/01518/B) - 12/01057/B - APPROVED

4.8 Demolition of existing barn and erection of a building to provide guest accommodation, garage, gym and amendments to PA 11/01518/B - 12/01546/B - REFUSED on the following grounds:

"R 1. The building proposed for use as guest accommodation/garage and playroom would be tantamount to the erection of an additional dwelling in the countryside, contrary to established planning policies aimed at protecting the Manx countryside and directing new residential development to locations that accord with sustainable development principles. For these reasons the proposal would be contrary to General Policy 3, Environmental Policies 1 & 2 and Housing Policy 4 of the Isle of Man Strategic Plan.

R 2. The building proposed as guest accommodation/garage and playroom is contrary to the provisions of General Policy 3, Environment Policy 1 and Environment Policy 2 of the Isle of Man Strategic Plan in that, by reason of its scale, massing and design it would represent an unwarranted and visually harmful development within the countryside and an area of high landscape or coastal value and scenic significance.

R 3. The proposed dwelling would result in a building of far greater mass and scale that the building which it is to replace, presenting a greater intrusion into the countryside within an area designated as High Landscape or Coastal Value and Scenic Significance contrary to Housing Policy 14 and Environment Policy 2 of the Isle of Man Strategic Plan."

4.9 Demolition of barn, creation of garaging and erection of replacement dwelling (amendments to PA 12/01057/B) - 13/00125/B - APPROVED

4.10 Erection of replacement dwelling (comprising amendments to PA 13/00125/B) - 14/00064/B - APPROVED

4.11 Erection of dwelling and detached garage - 17/00105/B - APPROVED

5.0 REPRESENTATIONS 5.1 The Braddan Commissioners do not object (19.10.2018)

5.2 Highway Services initially objected to the application due to concerns of inadequate visibility splays to comply with planning Condition 5 & 6 of the previous approved application 17/00105/B. Following this additional plans where provided which provided the requested splays of 2.4m 41 to the right and 2.4m x 71m to the left.

5.3 Arboricultural Officer - DEFA - initially raised concerns of the lack of tree protection of the previous approval. However, after visiting the site and discussing the issues with the applicants and being provided additional information, he makes the following comments (29.11.2018):

"Following the submission of a tree protection plan for this site, I can confirm that this is acceptable.

If this application is approved I recommend that the following conditions are applied.

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                                      18/01060/B                                     Page  5  of  8

1) No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated. 2) The protective measures detailed in the Tree Protection Plan (drawing TP-26916v2) submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process.

Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated."

5.4 Manx Utilities initially objected to the application as there is a low voltage underground cable in the area (30.10.2018). However, following this a further email (30.10.2018 - from a different party in MU) comments that they have a scheme in place to remove the underground line and place new cables underground at this site and that this issue can be dealt with by themselves rather than objecting to the application.

6.0 PLANNING POLICY 6.1 In terms of local plan policy, the application site is located within a wider area of land that is designated as open space (agricultural) under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 2 and also designated as an area of High landscape Value and Scenic Significance.

6.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application.

6.3 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."

6.4 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.

6.5 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:

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(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, historic, or social value and interest; (Housing Policy 11); (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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."

6.6 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

6.7 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."

6.8 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 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."

7.0 ASSESSMENT

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7.1 The proposed application has two parts, firstly the proposed replacement dwelling and secondly the proposal to erect the detached garage block/garden store.

7.2 It can be seen that in terms of principle there is provision for the replacement of existing dwellings in the countryside through planning policy contained with the Isle of Man Strategic Plan 2016. As such, the general principle behind the proposed replacement dwelling is acceptable and therefore the first aspect of the planning application is to assess the site specific impact and acceptability. In terms of this aspect the main planning policies to consider is Housing Policy 14.

7.3 Whilst works have commenced in line with the previous approval (17/00105/B); the Department has no provisions for amended plans and therefore this new application needs to be considered afresh, albeit significant material planning consideration is given to the fact of the previous approval.

7.4 While this is the case, it is not considered especially relevant to re-comment on all the issues again. The proposal in terms of size, height, floor area and footprint are as previously approved (17/00105/B). The only differences being tweaks to the design which include:

Dwelling appearing more as a traditional Manx Farmhouse, rather than a more Georgian façade; 2. Alterations to the sizes of windows within the barn section; 3. Alteration of some windows to gables of dwelling; and 4. The detached garage has been reduced in size - from a four garage with store to a three car garage with store;

7.5 Overall, the design of the proposed dwelling is traditional with the side extension designed to look like an attached barn building, albeit this new scheme proposes the barn to have a more contemporary in style, as approved previously. It would not have significant visual impact or result in an encroachment into the open countryside. The proposal results in the main part of the dwelling moving approximately 40 metres from the existing roadside position. The proposal also includes a landscaping scheme for the overall site and the courtyard area, which serves to produce a higher quality development that should hopefully add value to the area. Given its location and position relative to existing surrounding properties the proposed development does not cause undue harm to private amenity.

7.6 A condition should be attached requiring the visibility splays required by Highway Services and as shown on the submitted drawing 204 be provided by 31st January 2019. The applicants have agreed to this.

8.0 RECOMMENDATION 8.1 Overall, it is concluded that the basis for allowing a substantial larger replacement dwelling on the application site has been established by the approval of a previous planning applications; the new submission results in the same sized dwelling that was recently approved (17/00105/B); the amount of built development on the site would be reduced over previous applications and given the design, proportion, form and finish of the proposed dwelling would be of a mainly traditional appearance in keeping with the locality it is recommended the application be approved.

9.0 INTERESTED PERSON STATUS 9.1 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;

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(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.

9.2 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.

9.3 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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 21.12.2018

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

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