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19/01441/B Page 1 of 13 PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : 19/01441/B Applicant : Paul And Katherine Bergin Proposal : Erection of replacement dwelling Site Address : Ballacain Cottage Lhagg Road Dalby Isle Of Man IM5 3BU Principal Planner: Miss S E Corlett Photo Taken : 13.02.2020 Site Visit : 09.01.2020 Expected Decision Level : Planning Committee Recommendation Recommended Decision: Permitted Date of Recommendation: 24.02.2020 __ 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. Prior to the commencement of any work on site including the demolition of the existing buildings, the applicant must have written approval by the Department of a Preliminary Ecological Appraisal of the site, identifying any species which are protected by the Wildlife Act 1990 or identified therein as invasive species, together with appropriate protection and mitigation measures. The development must be undertaken in accordance with these details. Reason: to accord with Environment Policy 4 of the Strategic Plan. C 3. Prior to the commencement of the development hereby approved, the applicant must have written approval by the Department of a planting scheme for the proposed seeded roof, incorporating species native to the Island, and the development must be undertaken in accordance with these details. Reason: to maximise the biodiversity value of the development.

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19/01441/B Page 2 of 13 C4. 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, garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: to control development in the interests of the character and appearance of the surrounding area and taking into account the particular design of the replacement dwelling. C 5. Prior to the commencement of the development hereby approved, an Energy Statement shall be submitted and approved in writing by the Department which demonstrates the new dwellings has a Standard Assessment Procedure (SAP) rating of at least 97 (or similar rating system) and prior to the occupation of the dwelling a further Energy Statement post completion shall be submitted to and approved in writing by the Department (planning) to demonstrate that the SAP rating of at least 97 (or similar rating system) has been achieved. Reason: the reason why the application is considered acceptable is due to the overall environmental impacts as outlined on Housing Policy 14 and namely the eco efficiency credentials of the new dwelling N 1. An agreement under Section 109 of the Highway Act will be needed in respect of work at the edge of the carriageway to ensure that the access to the property is suitably kerbed, surfaced and drained. This application has been recommended for approval for the following reason. The development is considered to result in a beneficial environmental impact, taking into account the thermal and energy efficiency of the proposed dwelling and the use of natural materials in the external finishes and is therefore in compliance with Housing Policy 14 of the Strategic Plan. Plans/Drawings/Information; This decision relates to drawings 215/001, 215/002, 215/020, 215/021, 215/022, 215/023, 215/024, 215/030 and 215/031 all received on 24.12.19. __ Interested Person Status - Additional Persons It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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): Ballacooil as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). It is recommended that the owners/occupiers of the following properties 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):

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19/01441/B Page 3 of 13 Glen View, Lhagg Road Creggan Mooar House, Doarlish Mooar, Lhagg Road Ballacain Field, Lhagg Road Driftwood, Dalby Riverside Cottage, Lhagg Road 6, Oak Road, Peel 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 of the Policy, the address is 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 or as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __ Officer’s Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED NOT TO COMPLY WITH THE HOUSING POLICIES OF THE STRATEGIC PLAN THE SITE 1.1 The site is the residential curtilage of an existing dwelling which has been the subject of a number of previous applications and for which the curtilage as shown in those applications is the same as that now proposed. The existing property is a traditional cottage which has been extended (see Planning History) and permission was also granted for a replacement dwelling. Whilst some work was commenced on the foundations (see Building Control application 07/07415/DOM - some trenches have been dug to the east of the dwelling in the position of the eastern gable of the approved house, no concrete has been poured), no building work was undertaken and the existing house was not demolished (it would have had to have been to fully implement the approved scheme). It is currently not occupied. 1.2 The site sits below the Lhagg Road which runs south from the heart of Dalby, closer to the coast than the A27 road which links Peel with the A36 highway which links South Barrule with Port St. Mary. The existing dwelling is visible although not prominent and is the first dwelling on this road from the village. The Lhagg Road continues downhill, past a number of dwellings and a farm, ending in a river valley with two further dwellings on the southern side of the valley. The Lhagg Road is a public highway: the Raad ny Foillan long distance footpath runs along the coast, some distance (700m) away to the west. 1.3 The existing dwelling is traditional in form and appearance albeit that it has not been lived in for some time and at the time of the 2007 application for replacement, was in poor condition. 1.4 Also on the site are stone outbuildings, or the remains of them including a roofless stone building which appears to have all of its walls and a further building to the north of the house. There is vegetation between the buildings and the Lhagg Road which screens much of the buildings from general view. THE PROPOSAL 2.1 Proposed is the erection of a replacement dwelling with the complete demolition of the existing buildings on the site - the dwelling and the outbuildings. The replacement dwelling takes the form of a flat roofed unit with a seeded roof connecting to a reconstructed stone building roughly where the existing roofless barn sits. The apex of the flat roof will be level

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19/01441/B Page 4 of 13 with the ridge of the existing cottage and the rebuilt barn around 0.5m higher than what would be the ridge of the existing barn, had it still had its roof. 2.2 The existing house is described in the application as being habitable but not of architectural or historic interest (Housing Policy 12). They further describe the dwelling as having changed and evolved over hundreds of years including the addition of poor quality extensions. 2.3 The applicant wishes first and foremost to erect a dwelling to Passivhaus standard - which is the highest international standard for energy efficiency - which also provides accommodation for the applicants' family (two elderly relatives who are not directly related to each other) and to achieve this as unobtrusively as possible. Modification of the existing buildings would not achieve thermal efficiency required nor would it satisfy the applicants' space requirements. The applicants identified the visual and physical spread of buildings on the site and constructed a design which falls within this and whilst also providing amenity space in the form of a sheltered, walled garden with the accommodation wrapped around it. The proposed house sits on the footprint of the existing dwelling albeit 80% larger. This calculation includes thicker walls which are required to achieve Passivhaus standards - using a standard cavity wall throughout would have resulted in an increase of 64%. They consider that it would be unreasonable to penalise a proposal that would make a considerable contribution to current Government policy in relating to Climate Change on this basis and particularly as this is slightly less than the increase involved in the scheme which had approval and which in their view was commenced. 2.4 They refer to paragraph 4.3.8 of the Strategic Plan which encourages developers to consider the context of the site when designing new proposals and add that the applicant's desire to have something of Passivhaus standards has heavily influenced the form of what is proposed with the stone elements reflecting the existing/former barns on the site and visually tying the modern to the more traditional buildings in the group. Also being used are oxidised metal detailing to the parapets, window surrounds and between some of the windows which provides a reference to the traditional materials which can be found in the countryside along with timber cladding and white render with the flat, green roof that will be planted with indigenous species all of which will help the new building blend into its context and be visually unobtrusive. 2.5 They believe that the proposal complies with HP14 as it results in an environmental improvement and will contribute to Government's policy on Climate Change whilst not having an obtrusive impact on the landscape. 2.6 They confirm that the proposed dwelling will exceed the new Building Regulation standards in respect of insulation and energy use and will be low/virtual zero energy and generate electricity from photovoltaic cells. It will have no fossil fuel boiler and it is anticipated that virtually all the energy required will be generated on site and that battery storage will be used along with insulation, heat recovery, passive use of solar energy and internal heat sources using extremely little primary energy and the energy needed to build the house is insignificant compared with the energy saved later on. They would hope to source as much of the material needed on Island, as possible. 2.7 The house will comprise two distinct elements: a flat roofed section which has square and horizontal windows with two vertical windows on the inner facing elevation and where the lower floor elevations are finished in white painted render and the first floor in ash timber cladding with matching doors. Windows will be frameless and triple glazed and where there are frames, these are to be anthracite grey with oxidised metal between windows where there are longer horizontal sections. The stone building will have a pitched, slated roof and a section of flat roofing with oxidised metal trim on the parapet surround.

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19/01441/B Page 5 of 13 2.8 Internally, the scheme offers a lower ground floor level which will accommodate three bedrooms (one en-suite), a bathroom and craft room and plant space with stair access and a lift up to the main ground level. This in turn provides two sets of bedrooms which are separated by a communal living space (lounge, dining room, kitchen and pantry). One of the sets of bedrooms has two wetrooms associated with the two bedrooms. The other has a single bedroom with en-suite bathroom and dressing room, a snug, an office and a small hall where the lower ground floor stairs and lift emerge. PLANNING POLICY 3.1 The site lies within an area designated on the Town and Country Planning (Development Scheme) Order 1982 as not for a particular purpose and of high landscape value and scenic significance. It is outwith the area of ecological value on that plan although Environment Policy 4 protects ecology and highlights the various levels of protection afforded through different legislation. 3.2 As such, there is a presumption against development as set out in Environment Policies 1 and 2 which protect the countryside for its own sake and where the protection of the rural landscape is considered to be of paramount importance. 3.3 Existing dwellings which have retained their habitable status and which are not considered to be worthy of protection may be replaced if they accord with HP12: "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." 3.4 If the proposal can comply with HP12, and in this case permission has already been granted for its replacement (see Planning History below), Housing Policy 14 is relevant as follows: "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."

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19/01441/B Page 6 of 13 PLANNING HISTORY 4.1 Planning approval was granted for the extension to the dwelling which currently appears on site under and a complete replacement under 07/01264/B. This was a traditionally styled but larger (quarterland style) dwelling which increased the floor area by approximately 66%. This approval was subject to a condition which required the following: "Prior to the commencement of the development, finished floor levels of the proposed dwelling must be submitted and approved by the Planning Authority. Such levels shall be taken from a fixed datum point outside the application site." Information was submitted on 30.11.11 and approved as satisfying that condition on 02.12.11. REPRESENTATIONS 5.1 Patrick Parish Commissioners indicate that they have no objection to the application (15.01.20). They write in again on 28.01.20 advising that after having been approached by a number of residents they wished to reconsider the application. The contribute a third time on 11.02.20 advising that of the current and previously approved schemes, they prefer the current proposal which would be less evident from above and they believe that the proposal would be less imposing on the neighbouring properties. That said, they believe that the design could be improved upon by the use of less angular shapes and a less severe colour for the timber work and they continue not to oppose the application. 5.2 Highway Services recommend that they have no objection on 10.02.20, noting that whilst the existing access is not ideal, there will be no materival change in development so there is no highways objection. They note that an agreement under Section 109 of the Highway Act will be needed in respect of work at the edge of the carriageway to ensure that the access to the property is suitably kerbed, surfaced and drained. 5.3 Ecosystems Policy requests that a Preliminary Ecological Survey be undertaken prior to the determination of the application and note that they have records of protected flora and fauna on the site as well as prohibited species and has the potential to accommodate other protected species. They also would like to see details of the species for the planting of the green roof and would prefer to see more local species used (31.01.20). 5.4 A number of local residents object to the application, expressing dissatisfaction with the non-traditional design compared with other existing properties in the vicinity as well as previous proposals for redevelopment and development in the vicinity which has been encouraged to use traditional design, some comparing it with an industrial building and highlighting the prominent and important position of the property Concern is also expressed regarding the increase in size, the impact on the landscape and noting that the Island has Biosphere Reserve Status Glen View, Lhagg Road (27.01.20) Creggan Mooar House, Lhagg Road (25.01.20) Ballacooil, Lhagg Road whose northern boundary abuts the southern boundary of the site who also comment that their privacy and outlook would be affected by the proposal (23.01.20) Doarlish Mooar, Lhagg Road (25.01.20) Ballacain Field, Lhagg Road (the adjacent field to the north of the site and who previously owned the site and who has introduced more than 150 trees in the adjacent field) (31.01.20) Driftwood, Dalby (01.02.20) Riverside Cottage, Lhagg Road (21.01.20) 6, Oak Road, Peel (27.01.20). 5.5 The owner of Ballacooil adds on 11.02.20 that he does not believe that the former approval is still valid, not having been commenced and even if it were accepted that the digging of the trenches did constitute development, that approval contained a pre-commencement requirement for details of levels to be provided, which was not satisfied. He expresses concern

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19/01441/B Page 7 of 13 that additional information has been submitted by the applicant after the consultation period, removing objectors' ability to comment and no comparison has been made between the approved and the proposed, only the existing and the proposed. He does not believe that the local authority have taken into account the views of the neighbours in the taking of their decision. He questions whether the Commissioners' position is correct if the previous approval is not extant (18.02.20). 5.6 The owners of Ballacooil submit further comments on 24.02.20 in response to the applicant's response to the objections which have been submitted to date. They remain concerned that information was submitted at a time which did not enable proper consideration either by the Commissioners or other interested persons. They suggest that it contains misrepresentations and misleading statements but infer that the implicit message is that if the current application is not approved, they will proceed with the 2007 application which would, in the applicants' view, have a worse impact on the environment. This appears to have influenced the Commissioners who concluded that they did not object to the application. The objectors believe that the 2007 approval is not extant and in any case the current application is a stand alone proposal which should be considered irrespective of any other approval or application. There is no information relating to how the proposed application compares with the approved one. They note that the Commissioners' position takes no account of the objections which have been received. This, with the recently adopted procedure for assessing Interested Person Status risks disenfranchising the local community and they seek address of the perceived flaws in the consideration process before a decision is taken. ASSESSMENT 6.1 The property is an existing one albeit in poor condition. It retains all of its walls and roof and would not appear to have been lived in within at least the last 13 years. Whilst it has not been occupied for some time and requires substantial work, there has been no intervening use and is still capable of being renovated and occupied. As planning approval was granted it is perhaps not surprising that no recent maintenance work has been undertaken. Work has clearly been undertaken to dig out part of some of the foundations. The test of whether something has commenced is usually one for the Courts in the event that the commencement is legally challenged and it is not customary for the Department to advise or determine whether commencement has occurred. The test is perhaps whether what has been undertaken constitutes development and given that no concrete has been poured and the trenches are alongside the house and only approximately 600mm deep, in this case, it may well be determined that the development has not commenced for the purposes of taking up the 2007 approval. Another way of looking at it would be whether the Department would take enforcement action on the digging of the trenches were planning approval not to have been granted and it is unlikely that the Department would take action over so small a scale of work. However, even if that approval is not now extant, as the same planning policies were applicable to that development as would be now (HPs 12 and 14) and there have been no material changes in circumstances, it would be unreasonable to assume that a different decision would be reached today if the same application were submitted. This previous approval even if not still extant, is considered a material consideration to which regard should be had. For all these reasons., the principle of the replacement of this property is considered acceptable and HP12 is considered satisfied. The issue is whether the proposal complies with the requirements of HP14, particularly in respect of the size and appearance of the property. 6.2 The new dwelling is on the footprint of the existing and is greater than 50% larger than the existing (as was the scheme approved under the 2007 application). It is not of a design in accordance with Planning Circular 3/91. There are, however, within HP14 two provisions for stepping away from a replacement dwelling which is traditional in design and no greater than 50% larger: they are two distinct provisions. The policy allows the replacement of a traditional dwelling - which the existing is considered to be - with something which is not traditional where it can be demonstrated that the new house is of modern or innovative design - which this is considered to be - and where there would be no adverse visual impact. It is also

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19/01441/B Page 8 of 13 recommended that the existing materials are re-used or replicated and that any slate or stone should be re-used where possible. 6.3 As proposed the building recreates the stone outbuildings and this part of the building is considered to have a neutral impact. The modern section, whilst strikingly modern, will have a limited impact due to the inclusion of the grassed roof which will be the part of the building which is most visible from the Lhagg Road as shown in the montage and where the elevations facing the road are finished in stone. Much of the existing vegetation within the site is to be retained with a new wildflower verge introduced alongside the entrance drive which is in the same place as the existing. One tree is to be removed. 6.4 It is considered that the building will generally be less prominent than either the existing or proposed and as such, it is considered that the visual impact would not be adverse, thus complying with that part of HP14, subject to comments about the materials - see Conclusion. 6.5 The other provisions within the policy, which relate to the size of the new property, state that a larger building could be acceptable where the proposal is to replace a building of poor form with one of traditional character (which this is not) or where there would be a reduced visual impact and where there would be an overall environmental improvement. As stated in 6.4, it is considered that the proposed building due to its form and how it would sit in the site, compared with the entirely two storey buildings on site and as approved, could well have a reduced impact in the landscape once the existing and proposed planting has matured and naturalised. It is considered that this part of the policy is also satisfied. The environmental impact should also consider the carbon footprint of the development and in this case, what is proposed would significantly reduce the environmental impact - in terms of thermal efficiency and energy use - than either the approved replacement dwelling or the existing property. Other considerations - environmental improvement 6.6 Whilst HP14 does not have regard to environmental considerations when contemplating the design of the new house (this only applies when considering the siting or size of the building), the current Government policy and position on addressing Climate Change - the Climate Change Bill and Climate Change Mitigation Strategy 2016-2020 - is that developments should be taking account of this and reducing energy costs where possible and practicable and that emissions, particularly carbon emissions should be reduced. This also includes reference to reducing the need to travel and whilst this site is not sustainable in terms of being within close proximity of a settlement which provides services which would reduce the need to travel - for example, Dalby and Glen Maye have no shop, school or significant opportunities for employment - it accommodates a dwelling which could be occupied either in the existing dwelling or its approved replacement. The proposed building accommodates a study which could facilitate the occupants working from home which would reduce travel as would inclusion of accommodation for the applicants' parents. 6.7 There is an increasing number of applications which purport to be creating environmentally friendly dwellings which could outweigh other concerns, such as policy. Some, such as the current application, and a recent one at Ardonan in Andreas (19/00875/B) include comprehensive submissions and which are managed through the application of conditions such as the following one, to achieve the stated energy efficiency: "Prior to the commencement of any works an Energy Statement shall be submitted and approved in writing by the Department (planning) which demonstrates the new dwellings has a Standard Assessment Procedure (SAP) rating of at least 97 (or similar rating system) and prior to the occupation of the dwelling a further Energy Statement post completion shall be submitted to and approved in writing by the Department (planning) to demonstrate that the SAP rating of at least 97 (or similar rating system) has been achieved.

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19/01441/B Page 9 of 13 Reason: A reason why the application is considered acceptable is due to the overall environmental impacts as outlined on Housing Policy 14 and namely the eco efficiency credentials of the new dwelling." 6.8 Whilst there are concerns about the impact of the dwelling on the privacy of those in the adjacent dwelling, Ballacooil, it must be taken into account that the existing and the approved replacement dwelling both had the front elevation facing in this direction with two levels of windows. What is proposed will have a high level window and a corner, larger window looking in the direction of the adjacent property which will allow visibility across the field towards Ballacooil which sits over 200m away and separated from the application property by an agricultural field, not a residential curtilage. 6.9 Procedure 6.9.1 There is concern that proper consideration has not been possible due to the timing of submissions to the local authority and to those who have expressed an interest in the application. However, the Commissioners have had ample time to see the objections which have been submitted and to allow for any change of stance. The additional information which has been provided responded to comments made and in the same light, the objectors have had the opportunity to respond further to these, which indeed, the owners of Ballacooil have done. The information which has been submitted does not change the scheme in any way but simply adds further information and opinions on what has been submitted. This is a normal part of any planning application. If the Commissioners do not agree with objections which have been raised, this is not a matter for the determining authority but one between the local authority and its constituents. CONCLUSIONS 7.1 There is clearly local concern that what is proposed will not sit comfortably and easily into the landscape and that a more traditional style of replacement dwelling should be required. It is certainly the case that almost all of the properties in the immediate vicinity are traditionally styled and those that are not tend to be obvious departures from the vernacular. What is proposed here will be different with its partly flat roof, partly clad elevations and overall appearance but the use of natural cladding on the upper part of the flat roofed section should help the building merge into its surroundings and not stand out. It could be argued that a building as proposed would have less impact than a white painted rendered pitched roofed cottage although such an argument would be weakened by the fact that a traditionally designed building would not need to be hidden or disguised and would sit clearly visible like the others in the surrounding area and indeed the existing house. 7.2 The Government's steps to tackle climate change will be greatly enhanced by domestic properties being reconfigured or even replaced to accommodate better ways of heating and sealing the buildings. It is clearly more difficult to accommodate the highest levels of thermal efficiency and renewable energy in a traditionally styled dwelling with small windows, cement rendered or stone walls. The dwelling proposed here could also be said to have a reduced impact as viewed from above, given the flat, seeded roof. 7.3 The building will be visible from the footpath to the west and the Niarbyl cafe and car park. However, given the distance - 640m to the car park and 770m from the footpath, and the materials to be used, it is not considered that the development would have so significant an impact to justify refusal of the application, given the environmental benefit of the thermal and energy efficiency of the proposed property. 7.4 The proposed stone buildings, in order to sit comfortably in the landscape need to utilise the correct type of stone: many new developments are utilising stone which is unsympathetic in terms of its colour, size and pointing. As such, a condition requiring a sample of the stonework to be approved prior to it being applied, should be attached to any approval granted. If possible, existing stone from the demolished outbuilding should be re-used.

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19/01441/B Page 10 of 13 7.5 Similarly, the use of white render on the lower ground floor, whilst acknowledging the use of these materials in traditional rural house construction, could be considered inappropriate on a building which bears no resemblance to the form and appearance of such properties. It could be considered that a more subtle finish and colour could be appropriate to align with the natural appearance of the other finish materials which otherwise seek to minimise the impact of the building in the countryside. A condition could be attached to control this. 7.6 A condition should also be attached to require the undertaking of a Preliminary Ecological Appraisal as directed by DEFA, prior to the commencement of work. 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. 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 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:...02.03.2020 Signed :S CORLETT Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report). Signatory to delete as appropriate YES See below Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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19/01441/B Page 11 of 13 PLANNING COMMITTEE DECISION 02.03.2020 Application No. : 19/01441/B Applicant : Paul And Katherine Bergin Proposal : Erection of replacement dwelling Site Address : Ballacain Cottage Lhagg Road Dalby Isle Of Man IM5 3BU Principal Planner : Miss S E Corlett Presenting Officer As above Addendum to the Officer’s Report The Planning Committee approved the application at its meeting of 2nd March, 2020 subject to the addition of "no" in condition 4 and additional conditions which require the following: The landscaping scheme as shown in drawing 215/020 must be adhered to in full, including the retention of the southern boundary. Any shrubs on this boundary which are removed or die must be replaced with the same species in the next planting season. Reason: to ensure that the proposed dwelling has an acceptable impact on the countryside. Prior to the commencement of any work associated with this approval, a schedule of external finishes including a sample or image of the proposed stonework and the colour of any render, must be approved by the Department and the development must be carried out in accordance with these details. Reason: to ensure that the development has an acceptable impact on the countryside. Conditions of Approval 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. Prior to the commencement of any work on site including the demolition of the existing buildings, the applicant must have written approval by the Department of a Preliminary

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19/01441/B Page 12 of 13 Ecological Appraisal of the site, identifying any species which are protected by the Wildlife Act 1990 or identified therein as invasive species, together with appropriate protection and mitigation measures. The development must be undertaken in accordance with these details. Reason: to accord with Environment Policy 4 of the Strategic Plan. C 3. Prior to the commencement of the development hereby approved, the applicant must have written approval by the Department of a planting scheme for the proposed seeded roof, incorporating species native to the Island, and the development must be undertaken in accordance with these details. Reason: to maximise the biodiversity value of the development. 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, garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: to control development in the interests of the character and appearance of the surrounding area and taking into account the particular design of the replacement dwelling. C 5. Prior to the commencement of the development hereby approved, an Energy Statement shall be submitted and approved in writing by the Department which demonstrates the new dwellings has a Standard Assessment Procedure (SAP) rating of at least 97 (or similar rating system) and prior to the occupation of the dwelling a further Energy Statement post completion shall be submitted to and approved in writing by the Department (planning) to demonstrate that the SAP rating of at least 97 (or similar rating system) has been achieved. Reason: the reason why the application is considered acceptable is due to the overall environmental impacts as outlined on Housing Policy 14 and namely the eco efficiency credentials of the new dwelling C 6. The landscaping scheme as shown in drawing 215/020 must be adhered to in full, including the retention of the southern boundary. Any shrubs on this boundary which are removed or die must be replaced with the same species in the next planting season. Reason: to ensure that the proposed dwelling has an acceptable impact on the countryside. C 7. Prior to the commencement of any work associated with this approval, a schedule of external finishes including a sample or image of the proposed stonework and the colour of any render, must be approved by the Department and the development must be carried out in accordance with these details. Reason: to ensure that the development has an acceptable impact on the countryside. N 1. An agreement under Section 109 of the Highway Act will be needed in respect of work at the edge of the carriageway to ensure that the access to the property is suitably kerbed, surfaced and drained.

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19/01441/B Page 13 of 13 This application has been recommended for approval for the following reasons(s) The development is considered to result in a beneficial environmental impact, taking into account the thermal and energy efficiency of the proposed dwelling and the use of natural materials in the external finishes and is therefore in compliance with Housing Policy 14 of the Strategic Plan.