Officer Report

Application No.: 16/00469/A Applicant: Barony Estate Limited Proposal: Approval in principle for the erection of a replacement dwelling and detached garage addressing means of access Site Address: Upper Rhenab Rhenab Road Cornaa Ramsey Isle Of Man IM7 1EL Case Officer : Mr Chris Balmer Photo Taken: 24.05.2016 Site Visit: 24.05.2016 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site comprises the curtilage of Upper Rhenab, Rhenab Road, Cornaa, Ramsey. Within the site there comprises a two storey traditional Manx farmhouse property, with a single storey extension to the rear. Attached to this dwelling is a traditional two storey Manx stone barn. Fronting this barn is a brick single storey flat roofed extension. To the east of the dwelling and attached barn is a further two storey barn which appears to be constructed from brick with a render finish. To the south of all these buildings is a single storey Manx stone outbuilding. - 1.2 The application site is accessed via an existing private road which adjoins the Rhenab Road. This runs in a southerly direction where the existing entrance to the site can be found. The access continues ion a south eastern directions serving a neighbouring farm.

2.0 THE PROPOSAL - 2.1 The application seeks approval for approval in principle for the erection of a replacement dwelling and detached garage addressing means of access. No details are submitted in terms of the replacement dwelling. The only information submitted relates to the existing buildings giving an indication of the heights and a total floor area of all the buildings being 445sqm.

3.0 PLANNING HISTORY - 3.1 The application site has not been the subject of any previous planning applications.

4.0 PLANNING POLICY - 4.1 In terms of land use designation the application site is not designated for any site specific purpose under the 1982 Development Plan Order, with the entire site being within a wider area of land that classified as being of high landscape value and scenic significance. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of the planning application - 4.3 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, 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."

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

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

• (i) the structural condition of the building;

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

4.5 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."

5.0 REPRESENTATIONS - 5.1 The Garff Commissioners have no objection to the application but would suggest the applicant/architect to consider Housing Policies of the Isle of Man Strategic Plan and Planning Circular 3/91 (received on 23.05.2016 & 23.05.16). - 5.2 Highway Services have no objection (received on 05.05.2016). - 5.3 The owners/occupants of Glebe Cottage, Maughold make no comments on the merits of the application but provide some historical information relating to the site (received on 09.05.2016).

6.0 ASSESSMENT - 6.1 The planning application seeks approval in principle for the erection of a replacement dwelling; all matters are reserved except for the access which will remain as existing. In terms of that principle it can be seen that the replacement of existing rural dwellings is a listed exception

under General Policy 3 of the Isle of Man Strategic Plan 2007 to the presumption against development outside of areas zoned for development. This exception is further supported by the provisions of Housing Policy 4 and Housing Policy 12 of the Isle of Man Strategic Plan 2016. As such, the principle of a replacement dwelling accords with planning policy and is acceptable. The detail of any such replacement dwelling would be considered by a subsequent reserved matters planning application, which would be primarily assessed against the provisions of Housing Policy 14 of the Isle of Man Strategic Plan 2007.

7.0 RECOMMENDATION - 7.1 For the reasons indicated within this report it is considered the proposals would comply with the relevant planning policies of the Isle of Man Strategic Plan. Accordingly, the application is recommended for an approval.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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) The Highways Services of the Department of Infrastructure; and
• (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: The owners/occupants of Glebe Cottage, Maughold

Recommendation Recommended Decision: Permitted Date of Recommendation: 16.06.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

• Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
• C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• C 3. Approval of the details of siting, design, external appearance of the building[s], internal layout and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

• C 4. The replacement dwelling must accord with Housing Policy 14 which provides guidance on the replacement of dwellings in the countryside. Reason: to accord with the principles of the Strategic Plan and to protect the countryside.

This approval relates to drawings reference numbers SC1432/P/10-00, SC1432/P/10-01 REV A, SC1432/P/10-02 and 101 A received on 22nd April 2016 and 15th May 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 23.06.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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