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17/00105/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00105/B Applicant : Mr & Mrs James Simpson Proposal : Erection of dwelling and detached garage Site Address : Ballacaroon West Baldwin Road Mount Rule Isle Of Man IM4 4HS
Case Officer : Mr Chris Balmer Photo Taken : 07.03.2017 Site Visit : 07.03.2017 Expected Decision Level : Planning Committee
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE HISTORY OF THE SITE AND AS THE REPLACEMENT DWELLING RECOMMENDED FOR AN APPROVAL IS LARGER THAN 50% OF THE ORIGINAL FLOOR AREA
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.
2.0 THE APPLICATION SITE 2.1 The application site currently on site of an empty site, following 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.
3.4 It is important to note the main differences of this proposed scheme and the previous approved scheme (14/00064/B). These are:
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o Overall design of the proposed barn aspect of the dwelling has a more contemporary design in terms of larger amounts of glazing and timber shutters to the rear and side elevations; o Removal of roof lights to front and rear elevation; o Alteration in chimney detailing; o Increase of height of the front gable protection aspect of the proposed barn section by approximately 0.6m; o Windows to rear elevation being increased in height; o Installation of a flue to rear elevation of proposed barn section; o Reduction in the amount of hardstanding fronting proposed garage block; o Garage block width increase to 20.3m from 19.2m; and o Garage block being moved a further 1 metre towards main dwelling house.
3.5 The early approved schemes also proposed the conversion of the then existing two storey traditional Manx stone barn which was located to the northwest of the proposed dwelling (west of existing dwelling). Applications 11/00033/B and 12/01057/B also proposed a single storey extension to the south elevation of the barn, forming a garage block (4 vehicle width) and a garden store. This is now proposed again (similar to the last approval 13/00125/B & 14/00064/B)), albeit not connected to the Manx stone barn which has now been demolished.
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
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
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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
5.0 REPRESENTATIONS 5.1 The Braddan Commissioners do not object (11.04.2017)
5.2 Highway Services do not oppose and make the following comments: "I refer to drawing no SC1185-P/10/03 showing the access arrangements into the site.
The amended plans are now considered acceptable as they show the improved visibility in each direction as a result of the demolished buildings previously fronting Mount Rule Road.
Should you be mindful to approve this application, please attach the following conditions:
Reason: In the interest of highway safety
Reason: In the interest of highway safety
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety."
5.3 Arboricultural Officer - DEFA - recommends that a tree protection plan be provided (or conditioned) to ensure the trees identified on the site to be retained are protected during construction (03.04.2017).
5.4 Fisheries Division - DEFA - have no objection to the application in terms of impacts upon watercourse in the area (15.02.2017).
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.
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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: (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;
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(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 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 there have been a number of planning applications for the replacement of the existing dwelling, given no works to the dwelling and or garage (demolition of dwelling and barn and steel framed barn have been undertaken) have commenced on site and as the Planning Authority cannot consider just "amendments" to previously approved scheme, the whole aspect of Housing Policy 14 requires to be considered again, not just the amendments. However, significant weight is attached to the previously approved applications when considering this new submission.
7.4 With regards to the replacement dwelling the starting point when determining any application is Housing Policy 14 of the Isle of Man Strategic Plan. This policy states that a replacement should generally be on the same footprint and should not be greater than 50% greater than that of the original building.
7.5 In addition to that allowance it is also necessary to take account of the previous application (07/00540/A) that granted approval in principle for a larger dwelling. The replacement dwelling shown within that previously approved planning application had a floor space of approximately 670 square metres.
7.6 Furthermore, there are five recent applications (11/00033/B, 11/01518/B, 12/01057/B, 13/00125/B & 14/00063/B) which resulted in planning permission for substantially larger dwellings in terms of floor area over the existing dwelling. When application 12/01057/B was being considered it was noted that there seemed to be a mistakes in the calculations of PA 11/00033/B and 11/01518/B. Planning application 11/00033/B was indicated by the applicant to have a floor area of 584 square metres. However, they had indicated that this calculation did not include the garaging link (letter dated 25th Oct 2011). The applicant has also indicated that they have always measured the internal floor area rather the external floor area. It would appear the Department took the floor area of 584 square metres as the total floor area and approval was based on this
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figure (159% increase). In fact the proposed dwelling had an approximately floor area of 870 square metres (286% increase).
7.7 Again the second recent approved application (11/01518/B) appeared to be calculated incorrectly, in terms of floor area. The applicant indicated (letter dated 20th January 2012) that this proposal would result in a dwelling with a floor area of 574 square metres, smaller than the previous approval. It appears again that this figure was taken as the total square metreage of the proposal and this was assessed against planning policy. Measuring the proposal it would appear the proposed dwelling was approximately 862.9 square metres in size (283% increases).
7.8 It would certainly seem the ground floor and first floor of the main dwelling house and the attached two storey extension was included in the calculation, but the roof space, glazed link, utility/store and attached garage was not included.
7.9 Consequently, it would appear that the two planning approvals were substantially larger than what was indicated and envisaged by the Department, albeit the plans submitted with these applications are to scale and are correct. Rightly or wrongly, planning permission exists and considerable weight is required to be attached to these approvals.
7.10 For clarity please find a summary of previous applications:
14/00064/B - 881.8 square metres which equated to a 291% increase - APPROVED 13/00125/B - 846.9 square metres which equated to a 274% increase - APPROVED 12/01546/B - 881.8 square metres which equates to a 291% increase - REFUSED 12/01057/B - 846.9 square metres which equates to a 274% increase - APPROVED 11/01518/B - 862.9 square metres which equates to a 283% increase - APPROVED 11/00033/B - 870 square metres which equates to a 286% increase - APPROVED
7.11 Regarding the current application which is under consideration, the floor area would be the same the previously approved dwelling (14/00064/B) i.e. a 291% increase in floor area over the existing property and therefore significant planning weight is attached, especially, as the overall size, footprint & height of the dwelling is identical. Accordingly, given this and given the number of previous five approvals and the initial approval in principle application; it is considered again that a significantly larger dwelling as proposed on this site is appropriate.
7.12 Notwithstanding the previous approvals, it is still important to consider the proposed scheme and whether the size, position and design are appropriate for this site. Visiting the site/area in the past, it was apparent that the original two storey dwelling, now demolished, did not contribute positively to the visual appearance of the street scene or countryside and being sited directly adjacent to the Crosby Top Road was a prominent unattractive feature along the street scene. The remainder of the site was made up of a dilapidated agricultural steel framed barn and a redundant two storey stone barn. The site was also overgrown. It was accepted previously that a large dwelling could be acceptable as it would improve the site and overcome access difficulties, the previous access being almost 'blind'.
7.13 The proposed dwelling would be sited on the same footprint as those approved as part of the 2012, 2013 and 2014 applications.
7.14 The main difference between this current scheme and the last applications are mainly design features/approach rather than changes in the over size, footprint or form of the dwelling. The main dwelling house; especially to the front elevation, has little change to the previously approved schemes. The main changes relate to the two storey stone barn section of the dwelling which again has not be altered in size (height increased slightly) but windows have changes from more traditional proportions to more contemporary design. The change of this style is considered acceptable and would be an appropriate form of development and would still ensure the main dwellinghouse being the prominent feature.
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7.15 In terms of the increase in the width of the garage block by one metre over the previous approvals, again there are no concerns.
7.16 It is noted when considering the visual impact of the proposes garage and the dwelling to the visual amities of the area; that the neighbouring site accommodates a large equestrian building and a number of other substantial buildings (barns/dwelling), which are all set at a higher ground level than the site and includes a number of large trees/landscaping. These neighbouring features currently dominate the skyline and therefore all the proposed woks to this site would not affect the skyline beyond, given the backdrop of the application site is of larger neighbouring buildings. The works would also not appear as a projection into the open countryside given the neighbouring site built development would still project further than the proposed dwelling.
7.17 In terms of the character of the built development in the area, there are a number of substantial properties along the roadside and therefore the proposal from this respect would be generally in keeping with the area. In terms of finish the dwelling would be finished in a painted render, which the two storey stone barn and garage would be finished in stone. Again the majority of the properties in the area are painted render in finish.
7.18 Overall, the design of the proposed dwelling is essentially 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. 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.
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; 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 PARTY STATUS 9.1 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.
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.
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Department of Environment, Food and Agriculture - Fisheries Division & Forestry, Amenity and Lands Directorate are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 09.05.2017
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 development shall take place until full details of soft landscaping works have 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 or operated 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.
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.
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C 5. Prior to any construction the access shown on drawing SC1185-P/10/03 REV B 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 1.0m above carriageway level.
Reason: In the interest of highway safety
C 7. No development may be commenced nor any equipment, machinery or materials be brought onto the site for the purposes of the development until fencing has been erected in the location shown on the approved site plan SC1185-P/10/10 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. Within the Construction Exclusion Zone implemented in accordance with this condition, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department. The CEZ implemented in accordance with this condition 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.
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:...22.05.2017
Signed :...C BALMER... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
YES/NO
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