Loading document...
Application No.: 16/00561/REM Applicant: Mr Roy & Mrs Susan Tilleard Proposal: Reserved Matters application for the demolition of existing farmhouse and outbuildings and erection of a replacement detached dwelling with associated garaging and landscaping Site Address: Lanjaghan Farm Lanjaghan Road Abbeylands Isle of Man IM4 5EQ Case Officer : Miss S E Corlett Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE
1.1 The site is a piece of land which forms part of Lanjaghan Farm, a holding which lies at the north eastern end of Abbeylands and whose land holding extends close to the A18 Mountain Road as it curves toward and then away from the Creg ny Baa Hotel and further to the north, Kate's Cottage. The holding is at the end of Abbeylands Road, a rural, winding road which serves a number of detached house and farms. - 1.2 The site itself is a parcel of land which lies to the west of the farm lane which runs from the Abbeylands Road eastward, past a house which is not part of the applicant's holding (Slieau Ree) and northward to the farm group and the main farm house which lies within the application site, to the south of a stand of trees. - 1.3 The house has a footprint with a basic area of around 25.5m by 8m. Two outbuildings lie to the west of the house. The house is not in the Manx vernacular but has more of an Arts and Crafts feel with half hipped steeply pitched roofs and corresponding dormers and asymmetrically arranged chimneys and a single storey annex to the west. THE PROPOSAL
2.1 Proposed are the details of the matters reserved from an earlier approval in principle 13/00546/A which approved the means of access and reserved for further approval details of the parking and turning areas, the surface treatment of roadways, all external materials to be used, existing and proposed levels and trees to be retained and felled. Also reserved were the details of siting, design and external appearance. Additional conditions were attached which require a bat survey to be submitted to and approved prior to any development commencing, including demolition and requiring, oddly that the existing dwelling may not be demolished prior to the approval of the reserved matters application (odd in that planning approval is not required for the demolition of a non-registered and not otherwise protected building). The decision required the commencement of works prior to 9th September, 2018 or two years after the approval of the last of the reserved matters, if this is later than that.
2.2 The inspector had no details of the proposed dwelling and considered the proposal in principle on the basis of Housing Policy 14. She makes no comment on whether the existing house is of poor form as was suggested by the applicant (which would inform how HP 14 is interpreted) and simply says that if sensitively designed and sited, it would not be unacceptable. During the progress of the application through the appeal, the means of access was amended to follow the route of the existing lane, avoiding the visual intrusion which concerned the Planning Committee at the earlier stage of consideration. - 2.3 The proposed dwelling will be significantly less long in terms of frontage than the existing and positioned on the footprint of the existing. The front, main elevation of the house will be compact with a longer extension at the rear at right angles, stretching out almost 18m and with a second extension to the east of the rear annex, extending out to the side of the house, but set back, by around 18m. The annex projecting to the side would accommodate a three vehicle garage with utility and washroom link to the main house: the rearward extension would accommodate a kitchen and games room. Both extensions are single storey although there is to be an office in the roofspace above the garage, with external stair link (around 32 sq m of floorspace). - 2.4 The existing dwelling has a floor area of 384 sq m. The proposed dwelling has a floor area of 540 sq m with a further 121 sq m of floorspace in the garage and above. This equates to an increase of 40% in floor area over and above the existing excluding the garage. The applicant makes the point that the proposal involves the removal of existing outbuildings, although the Strategic Plan policy is clear that this should not be included in any floorspace calculations. - 2.5 Access will be via the farm lane, as approved and the paving materials of the parking and turning area are given as resin bound gravel with flag paving around the front of the house, sett paviours around the rear and a lawned area to the north west of the dwelling leading through lawned pathways through the woodland to the north. A small number of trees are to be removed, some on the grounds of poor positioning and structural defects, to allow for the reasonable construction and occupation of the house and also to allow for a drainage system associated with an adjacent pond and two ornamental trees introduced at the entrance from the farm lane. The arboricultural report which accompanies the application describes a scheme of proposed mitigation planting although none is shown in detail in the application other than the two specimen trees at the entrance and a mixed hedge introduced in front of the house, to the south. A general scheme of woodland mixed planting is proposed in the woodland to the north of the managed curtilage. Two of the trees to be lost are considered to be category A and B and their removal is proposed as a result of longer term interference with the occupation of the house. The application also includes a tree protection method statement and plan. PLANNING POLICY
3.1 Whilst the proposal should be considered principally in respect of the conditions and intentions of the approval in principle, it is helpful to set out the planning policy framework for the application. The site lies within an area of High Landscape Value and Scenic Significance on the Onchan Local Plan where there is a presumption against development set out both within the Local and Strategic Plans. The latter has a policy which provides guidance on replacement dwellings in the countryside as follows:
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 which involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design and or siting, there would be less visual impact."
3.2 The Plan also provides protection of watercourses through the following policy:
Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
4.1 The most relevant previous application is PA 11/00546/A which proposed the principle of the replacement of the dwelling and creation of a residential curtilage. The only reason for refusal of the application by the Planning Committee, was the impact of the then proposed access to the dwelling which was new and was to cut across the field to the south of the house. This was amended during the consideration of the application at appeal and the application approved subject to the new house being served by the existing farm lane with a new entrance from it into the application site. - 4.2 Approval was also granted on appeal under 13/00547/B for the conversion of the farm buildings across the farm lane, to tourist accommodation with ancillary support and leisure facilities and the erection of a replacement dwelling and agricultural buildings. REPRESENTATIONS
5.1 Department of Infrastructure Highway Services indicate that they have no objection to the application (06.06.16). - 5.2 Department of Environment, Food and Agriculture Fisheries seek further information regarding the impact of the proposed works on the adjacent water course (08.06.16). The applicant met with DEFA in this respect and the scheme is now proposed not to utilise stream water in the creation of the pond and the two water courses are to be kept separate. Department of Environment, Food and Agriculture is content with this (20.06.16). - 5.3 Onchan District Commissioners indicate that they do not oppose the application (16.06.16). - 5.4 DEFA Wildlife Division ask whether a bat survey has been submitted (it has not) (22.06.16). ASSESSMENT
6.1 Other than the bat survey, the proposal provides the details which are required to be approved before work commences, under the approval in principle. Little advice is provided in that decision, other than the dwelling should be sensitively designed and sited and this reflects the requirements
PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
The Fisheries and Wildlife Divisions are in the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
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.
SUPPLEMENTARY REPORT The Planning Committee considered the application at its meeting of 4th July, 2016. They were appraised of the late correspondence from the Isle of Man Natural History and Antiquarian Society who consider the new house to be larger and more apparent in the landscape than the existing and not in accordance with Housing Policy 14. The Committee did not accept these recommendations and approved the application. The IOMNH&AS was not afforded interested person status.
Recommendation Recommended Decision: Permitted Date of Recommendation: 27.06.2016 Conditions and Notes for Approval: C : Conditions for approval
This decision relates to drawings RD01, RD02, RD10, RD50B, RD100, RD101, RD102, RD103, RD200, RD201 and the three drawings all titled Drw No 1 Rev 2 relating to tree protection, planting and tree constraints.
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: 04.07.2016
Signed :S E 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/NO See supplementary report above
Copyright in submitted documents remains with their authors. Request removal
View as Markdown