Officer Report

Application No.: 16/01211/B Applicant: Miss Kate Teare & Mr James Dormer Proposal: Erection of a replacement dwelling. Site Address: Clenagh Veg Clenagh Road Sulby Isle Of Man IM7 3AB Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of Clenagh Veg, Clenagh Road, Sulby located on the eastern side of the Clenagh Road, and north of Sulby Village and the crossroads. - 1.2 Within the site there is the main two storey traditional property with a similar form as a Manx traditional farmhouse, albeit with a flat roofed single storey extension to the side gable elevation (north) and a two storey flat roofed extension to the rear elevation (west). - 1.3 Within the site there is also a Manx stone barn which has previously benefited for planning approval for conversion, albeit this application has now expired.

2.0 THE PROPOSAL - 2.1 Proposed is the erection of a replacement dwelling within the application site. - 2.2 The proposed replacement dwelling is basically a two storey (with accommodation within roof space) traditional Manx property with three upper windows over a central doorway which is flanked by a single window either side at ground floor level with a cat-slide roofed single storey aspect to the rear of the main dwelling house. The basic footprint of the proposed dwelling measures 11.5 metres by 7.5 metres (13 metres including single store cat-slide roofed aspect to rear), it has an eaves height of 6 metres and a ridge height of 9.2 metres. The main dwelling house would be finished in traditionally laid Manx stone painted render, a grey nature slate roof and aluminium sliding sash windows to the front and sides of the traditional aspects. The rear cat-slide roofed aspect, whist its form is traditional, the finish and window fenestration is more contemporary in design, with the use of large windows openings and a mixture of finishes (stone & timber cladding).

3.0 PLANNING HISTORY - 3.1 As indicated above the site has been submitted to the following planning applications which are considered relevant in the determination of this application: - 3.2 Installation of replacement windows and doors and replace existing window with door 12/00781/B - APPROVED - 3.3 Conversion of existing outbuilding into a dwelling - 10/01616/B - APPROVED

- 4.0 PLANNING POLICY

4.1 The site is zoned under the Isle of Man Development Plan Order 1982 as being "woodland"; the site is not located within a Conservation Area or within an area zoned as High Landscape Value or Costal Value and Scenic Significance. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of the planning application - 4.3 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." - 4.4 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: (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14)". - 4.5 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."

4.6 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 Lezayre Parish Commissioners recommend an approval (26.10.16 & 15.11.2016) and comment that the proposal would be 2 metres taller than the existing and that the Land Register indicates the applicants potentially own two further fields to the north of the site. - 5.2 The Department of Infrastructure Highways Services do not oppose subject to conditions (received on 03.01.17), stating:

Following assessment of additional drawings the visibility splay of 36m in each direction is acceptable; 2 parking spaces with maneouvring space to facilitate entry and exit in a forward gear is provided.

Highway Services does not oppose this application subject to the following conditions:

• 1. Prior to any construction the access shown on Penketh Millar drawing no 16 1191 6 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter. Reason: In the interest of highway safety
• 2. Prior to the occupation of any dwelling the car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter. Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.

5.3 The Department, Environment, Food and Agriculture - Forestry Division make the following comments (received on 22/11/2016):

"If a line of protective fencing is installed as per the submitted tree protection plan (drawing 16/1191/5) then the impact on the most valuable trees on this site will be minimal. The fencing should meet the recommendations of section 6.2.2 of British Standard 5837:2012. I recommend that the following condition is applied if the application is approved:

"No equipment, machinery or materials shall be brought onto the site for the purposes of the development until fencing has been erected in the location shown on the approved tree protection plan (drawing 16/1191/5), in accordance with the recommendations of Section 6.2.2 of British Standard 5837:2012. The fencing shall be maintained in position until the development is complete"."

6.0 ASSESSMENT - 6.1 Under the provisions of General Policy 3 and Housing Policy 14 of the Isle of Man Strategic Plan 2016 the erection of a replacement dwelling on a one for one basis is an accepted exception to the general presumption against development within the countryside. Whilst the existing dwelling is in poor condition it is considered the dwelling has been occupied in the last 10 years as a dwelling and therefore still retains its full habitable status and therefore also accords with Housing Policy 12 in that respect. This policy also indicates that is the existing dwelling "is of architectural or historic interest and is capable of renovation" then replacement of an existing dwelling should not be permitted. In this case the existing dwelling has been adversely altered including single and two storey flat roofed extensions, inappropriate front porch extension, and removal of original sliding sash windows with brown uPVC casement windows, all of which impact the character of the dwelling, to such an extent which it is now considered the existing dwelling does not have much of its original architectural or historic interest. Accordingly, it is considered the primary policy to assess the proposed development against is Housing Policy 14. - 6.2 As can be seen, Housing Policy 14 raises a number of issues that need to be taken into account. Whilst the siting of the proposed replacement dwelling overlaps that of the existing dwelling the size increase from the existing to the proposed dwelling is greater than the 50% referred to within the policy. This proposal would equate to a 49% increase (proposed floor area 286sqm & existing floor area 191sqm). Accordingly, in terms of percentage increase the proposal would comply with this aspect of the policy. Furthermore, the dwelling is sited on the same/very similar footprint of the existing and therefore complies with this aspect of the policy as well. - 6.3 The final aspect of the policy to considered is whether the design of the new building is in accordance with Policies 2-7 of the present Planning Circular 3/91. Certainly the main part of the dwellinghouse and the aspect of the dwelling which is most publically visible from the adjacent

• highway, does fully comply with Planning Circular 3/91 as it appears as a two storey farmhouse design with three upper windows over a central doorway flanked by a single window on each side. The proposal also in terms of proportion, form, finish and design complies with Circular 3/91. The rear lean-to styled aspect to the rear of the main dwellinghouse, again is traditional in proportion and form. Arguably, the most contentious issue is the contemporary finish and fenestration of this aspect. However, it is considered the design of this aspect is of high quality and appropriate form of development and would have no adverse impacts upon the visual character or appearance of the countryside.
• 6.4 Overall, the design of the dwelling would be a improvement over the existing property and would be in keeping with the countryside and along the Clenagh Road.

7.0 RECOMMENDATION - 7.1 It is recommended that the application be approved.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o 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;
• o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and
• o The local authority in whose district the land the subject of the application is situated. Department of Environment, Food and Agriculture - Forestry, Amenity and Lands Directorate is part
• of 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.

Recommendation Recommended Decision: Permitted Date of Recommendation: 28.11.2016 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. No equipment, machinery or materials shall be brought onto the site for the purposes of the development until fencing has been erected in the location shown on the approved tree protection plan (drawing 5), in accordance with the recommendations of Section 6.2.2 of British Standard 5837:2012. The fencing shall be maintained in position until the development is complete.

REASON: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

• C 3. Prior to the occupation of the dwelling hereby approved the visibility splays of 2m x 36m and the two on-site parking spaces all shown on drawing 6 are all required to be provided and retained thereafter. REASON: In the interests of highway safety.
• C 4. Prior to the occupation of any dwelling the car parking and manoeuvring areas as shown on drawing 6 received on 29th November 2016 shall be provided and remain free from obstruction thereafter.

Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.

This approval relates to drawings 01, 16 1191/1, 2, 3, 4 all received on 26th October, 2016, 5 received on 25th November, 2016 and 6 received on 29th November, 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: 09.01.2017 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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