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17/00070/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00070/B Applicant : Claire Marie Pullen & Philip Pullen Proposal : Replacement dwelling on existing site Site Address : Croit Aust Andreas Road Aust Ramsey Isle Of Man IM7 4EF
Case Officer : Mr Chris Balmer Photo Taken : 07.02.2017 Site Visit : 07.02.2017 Expected Decision Level : Planning Committee
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT PROPOSES A REPLACEMENT DWELLING THAT HAS A GREATER THAN 50% INCREASE IN FLOOR AREA OVER THE DWELLING TO BE REPLACED AND IS RECOMMENDED FOR APPROVAL.
1.0 THE APPLICATION SITE 1.1 The application site is the curtilage of an existing dwelling, Croit Aust, which sits to the north east corner of a wooded area to the south of the Andreas Road (A9). The dwelling is single storey with an attached porch on the east elevation and a lean-to conservatory on the south elevation overlooking the rear garden. To the east of the site are agricultural fields and to the west and south are mature woodlands acting as a backdrop to the property. The property is linear in form and sits at right angles to the highway with a blank gable end facing north. There are two narrow vehicle accesses that serve the property. The dwellinghouse is finished in a painted white render with grey concrete tiled roof.
1.2 The footprint of the property is 61.41 square metres with a detached shed of 22.89 square metres, giving a combined 84.3 square meters.
2.0 THE PROPOSAL 2.1 The proposal comprises the erection of a replacement dwelling within the application site.
2.2 The proposed replacement dwelling is basically a two storey traditional Manx property with three upper windows over a central doorway which is flanked by single windows either side at ground floor level. The basic footprint of the proposed dwelling measures 13.3 metres by 12.6 metres (included rear two storey outrigger), it has an eaves height of 5.8 metres and a ridge height of 9 metres. The proposed dwelling would be finished in painted render, a grey nature slate roof and timber or aluminium windows. The rear two storey rear outrigger also includes larger amounts of timber framed glazing of a contemporary design.
3.0 PLANNING HISTORY 3.1 The application site has been the subject of the previous planning application;
3.2 Approval in principle for the erection of a replacement dwelling - 16/00639/A - APPROVED
3.3 Erection of agricultural storage shed - 17/00071/B - PENDING CONSIDERATION
4.0 PLANNING POLICY
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4.1 In terms of local plan policy, the application site lies within an area zoned as private woodland in accordance with the Isle of Man Planning Scheme (Development Plan) Order 1982. The site is not within a Conservation Area.
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: (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."
4.5 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) 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."
4.6 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."
4.7 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
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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 recommends that the planning application be approved (on 13.02.2017).
5.2 The Department of Infrastructure Highways Services have no objection (on 24.02.17): "The proposal is to construct a replacement dwelling, the access is not the same as that approved under the approval in principle 16/00639/A however the proposed access is acceptable.
Highway Services do not oppose the application subject of the following condition:
Prior to any construction the access shown on APA Architects drawing no 16-CP PA 02 dated Jan 2017 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.
Reason: In the interest of highway safety"
5.3 The Department, Environment, Food and Agriculture - Forestry, Amenities and Land do not oppose but recommend a tree protection plan is submitted as part of the application (received on 14.02.2017). Since these comments the applicant have discussed the proposal with the Arboricultural Officer and provided a tree protection plan.
6.0 ASSESSMENT 6.1 Under the provisions of General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2007 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, which means that 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 296% increase (proposed floor area 242sqm & existing floor area 61sqm). However, this is not automatic reason for refusal of the planning application as Housing Policy 14 goes onto to state that consideration may be given to larger dwellings 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. In this instance the existing dwelling when first viewed could be considered to be of a traditional design and appearance. However, at closer inspection this is not the case. The building is fairly modern constructed of brick cavity walls with painted white rough render finish and artificial slate roof tiles. Furthermore, the chimney stack proportion, size and position are not of a traditional style, nor are the window sizes/proportions. The lean to white uPVC conservatory extension is also
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not of a traditional style. Overall, due to these reasons it is considered the existing property to be of poor form. It is also considered the outlook and light within the property is poor, given the very small window openings results in a poor level of amenity for occupants.
6.3 Given it is considered to be of poor form, Housing Policy 14 does allow larger dwellings when they are of more traditional character. The proposal is very traditional in design, finish, form and appearance, being a two storey Manx traditional farmhouse design. Accordingly, from this aspect of the policy the proposal would comply.
6.4 In terms of siting the proposal would be set further back into the site, away from the Andreas Road. This new siting does not require the existing residential curtilage being extended. This new setback would allow a significantly improvement to the access to the site which currently has very poor visibility from the two entrances. This new scheme would remove these two entrances with a single entrance. Furthermore, the proposal would provide a parking and turning area which again would be an improvement over the existing situation.
6.5 From a visual perspective, the setting back of the dwelling would also help reduce the appearance of the dwelling form the Andreas Road, given the roadside boundary treatment along the Andreas Road when approaching the site and the adjacent woodland would all screen/reduce the appearance of the new dwelling from public views. This is not to say the existing dwelling would not be apparent when directly passing the entrance of the site; however, it is considered the appearance of the dwelling would be an enhancement over the present situation given the more appropriate traditional design, in a woodland setting as a backdrop.
6.5 Overall, while the proposal would not strictly accord with Housing Policy 14 given the siting of the new dwelling not being on the existing footprint, it is consider in all other respect the proposal would be in compliance with the policy. Furthermore, this new siting is of benefit to the character and appearance of the countryside, reducing built development directly onto a public highway and also significantly improvement to highway safety due to the proposed new replacement access.
7.0 RECOMMENDATION 7.1 In conclusion, due to the size increase of the proposed dwelling, it cannot be ignored that the proposal is an increase in size over that of the existing, but is considered to fit with the exception of the policy which allows larger dwelling of more traditional form replacing existing dwelling of poor form, which the current dwelling is considered to be. Furthermore, it is considered the proposal would not harm the character or appearance of the site or landscape of the area. This is important as the requirements of Environment Policy 1 indicate that the countryside should be protect for its own sake and that development that would harm the character and quality of the landscape should not be allowed. From this policy Housing Policy 14 was introduced to help control the re-development of existing sites in the countryside. The pre-amble of HP14 indicates that; "It is important that replacement dwellings should relate closely to the buildings they replace in terms of siting and size, that the resulting visual impact is appropriate for the countryside...". Accordingly, whilst in this case it is not considered the proposal completely complies with the wording of HP14 (mainly due to its siting), the resulting development would not harm the character and quality of the landscape which is arguable the most important consideration and therefore it is considered on balance the proposal would be acceptable, complying with Environment Policy 1 of the Isle of Man Strategic Plan also. 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 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;
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(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 Division of the Department; and (e) 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 are 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: 27.02.2017
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. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only.
Reason: In the interests of highway safety.
C 3. No development shall take place until full details of soft and hard 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. 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 dwelling, 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. The hard landscaping should include details of the surface finish of the driveway/parking area. The hard landscaping works shall be completed in full accordance with the approved details prior to the occupation of the dwelling hereby approved.
Reason: To ensure the provision of an appropriate landscape setting to the development and adequate off road parking provision.
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C 4. The windows installed to the front elevation (northeast) of the dwelling hereby approved are required to be sliding sash in terms of their method of opening and the vertical glazing bars are required to be externally fixed/stuck and both to be retained thereafter.
Reason: In the interest of the character and appearance of the dwelling and area.
C 5. The roof(s) must be finished in dark natural slate.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 6. 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.
C 7. 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 garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) 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 amenities of the surrounding area.
C 8. No site works or clearance shall be commenced until the tree protection measures (Croit Aust Tree Protection Plan) detailed in an email from the applicant dated 21st February 2017 submitted in support of the application shall be adhered to in full. No retained tree shall be cut down, uprooted, or wilfully destroyed during the development phase and thereafter within 5 years from the completion date, other than in accordance with the approved plans and particulars or as may be permitted by prior approval in writing from the Department. No works or development shall be carried out until a pre-commencement meeting has taken place with an officer of the Department and the correct placement of protective fencing has been confirmed.
Reason: To safeguard the existing trees to be retained within the site.
C 9. Prior to the occupation of the replacement dwelling hereby approved the existing dwelling is required to be demolished.
Reason: The application has been considered and approved on the grounds that the existing dwelling is being replaced and its retention would be contrary to planning policies which seek to prevent new dwellings on land not designated for development.
This approval relates to drawings reference numbers PA 01, PA 02, PA 03 PA 04, 1 and 161076/005 all received on 23rd January 2017.
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: 06.03.2017
Signed : C BALMER
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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 below
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