Approval in principle to remove existing dwelling and outbuildings and erection of four dwellings
Site Address:
Old Craft Centre
Kionslieu Hill
Foxdale
Isle Of Man
IM4 3HB
Officer's Report
Introduction
This application seeks approval in principle to remove existing dwelling and outbuildings and erection of four dwellings in an area zoned as Predominantly Residential. The application is considered to be unacceptable and is not in accordance with the relevant policies of the Isle of Man Strategic Plan.
The Site
The application site is the curtilage of the Old Craft Centre, Kionslieu Hill, Foxdale. There is a dwelling and outbuildings within the curtilage of the application site. There is an existing access off the highway. The application site is situated to the south eastern side of the highway. On this side of the highway the street scene is made up of a number of relatively large detached properties some with land attached. The properties on this side of the highway are all fairly traditional.
St Paul's Church is sited on the northern side of the highway and contributes to the character and appearance of the area.
To the north western side of the highway there are three housing estates made up of semi-detached and terrace properties. The housing estate was constructed in the late 80's/90's.
To the south west of the application site there is an open space, beyond that is Foxdale House. To the south of the application site is Field 334283. Both the field and Foxdale House are within the same ownership as the application site. To field to the east of the application site is also zoned for residential development and has a valid planning approval for 31 dwellings.
When entering the site from the highway there is a single storey outbuilding on the right and to the left there is a two storey building, the rear elevation of which abuts the highway. At a right angle to the two storey building there are two other two storey outbuildings.
A number of the buildings are of stone construction and have been painted. The main two storey building is fairly attractive and the single storey stone outbuildings are also attractive in terms of character and appearance. The buildings are arranged around a courtyard.
The Proposal
Case Officer :
Miss Laura Davy
Photo Taken :
14.03.2012
Site Visit :
14.03.2012
Expected Decision Level :
Officer Delegation
The application seeks approval in principle to remove the existing dwelling and outbuildings and the erection of a terrace of four residential dwellings with associated car parking.
Planning History
The previous applications are for Foxdale House. There does not seem to be any recent previous planning applications which are considered specifically material in the assessment of the current application.
Development Plan Policies
The application site is in an area zoned as "Predominantly Residential" identified on the Foxdale Local Plan (1999). It is appropriate to consider General Policy 2, Strategic Policy 5, Environment Policy 42, Environment Policy 43 and Housing Policy 6 of the Isle of Man Strategic Plan (20th June 2007). In the assessment of the application it is also relevant to consider 3.43 and 3.44 of Planning Circular 5/99 The Foxdale Local Plan 1999.
11. General Policy 2
Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
a) Is in accordance with the design brief in the Area Plan where there is such a brief; b) Respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; c) Does not affect adversely the character of the surrounding landscape or townscape; d) Does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; e) Does not affect adversely public views of the sea; f) Incorporates where possible existing topography and landscape features, particularly trees and sod banks; g) Does not affect adversely the amenity of local residents or the character of the locality; h) Provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; i) Does not have an unacceptable effect on road safety or traffic flows on the local highways; j) Can be provided with all necessary services; k) Does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; l) Is not on contaminated land or subject to unreasonable risk of erosion or flooding; m) Takes account of community and personal safety and security in the design of buildings and the spaces around them; and n) Is designed having due regard to best practice in reducing energy consumption.
12. Strategic Policy 5
New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.
13. Housing Policy 6
Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive.
14. Environment Policy 42
New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans.
15. Environment Policy 43
The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition.
16. Planning Circular 5/99 Paragraph 3.43
The Department and the Inspector appointed to hear the Public Inquiry are both of the opinion therefore that further large-scale estate-type development should not be permitted within the village as this would be unsympathetic to its character and appearance. In addition to this it is felt to be essential not to expand the village boundary with the countryside so that the village continues to nestle happily with the valley rather than to spread unnaturally and artificially into the surrounding countryside.
17. Planning Circular 5/99 Paragraph 3.44
It is felt therefore that Foxdale should not be permitted to expand on a significant scale and that new development should be restricted to pockets of land which would not extend the village into the open countryside or present artificial, angular developments unsympathetic to a village environment. In this respect it is essential that the layout of any new development pays close attention and is sympathetic to the natural characteristics of its site and includes significant areas of appropriate tree and shrub planting to soften its impact.
Consultations
Highways Division have opted to defer as there is insufficient information in relation to the access and visibility arrangements to comment fully.
Patrick Commissioners have resolved that no comment would be made.
Isle of Man Water and Sewerage Authority have no objection to the application subject to conditions.
The owners/occupiers of Rosehill Cottage, Kionslieu Hill, Foxdale object to the application. In summary they have concerns that the proposed development would increase overlooking as it would remove the boundary wall and replace with dwellings which would look into their garden. There are several mature trees on the border which would prevent building of houses on the same footprint. The roofline of the proposed would be raised to an un-neighbourly height resulting in a loss of light and appearing overly dominant. They also feel that it is overdevelopment of their surroundings given that 31 dwellings have been given permission on land adjacent. They feel that destroying The Old Craft Centre would not benefit the local environment. Four dwellings crammed into this very small space would do nothing to enhance the area. Four dwellings with no private space, communal garden and communal parking would not be in keeping with the surroundings and would not be a desirable place for people to raise their families.
Assessment
The existing buildings are quite attractive and are set around the courtyard; the buildings are associated with Foxdale House. The group of buildings appear to have originally been a dwelling with agricultural outbuildings.
There have been different uses for the buildings, such as the name suggests it was once used as a craft centre, and part of it has been used as a dwelling in the past. Some of the outbuildings have recently been used for the stabling of the applicant's pony. The use of the buildings has now ceased and they are redundant.
The application site is part of an area which is zoned for predominantly residential use therefore the principle of residential development is considered to be acceptable.
Having spoken with the Conservation Officer he agrees that some of the existing buildings are fairly attractive and appear to be of relatively sound construction. The layout of buildings is similar to a courtyard arrangement which is typical of many agricultural farmyards.
The main two storey building abuts the highway and is highly visible in the street scene, but this building result in screening the remaining buildings when viewed from the highway. At present the existing building arrangement contributes to the character and appearance of the street scene.
The proposed development of four modern terrace houses would have a very different impact to the site and surrounding area than the current building arrangement.
The proposal would not respect the site and surroundings given that the terrace of four properties would be at odds with the neighbouring properties and would completely alter the existing character and appearance. The proposed development would not respect the traditional appearance of the street scene and surrounding area and would therefore be contrary to (b) and (c) of General Policy 2.
Strategic Policy 5 of the Plan suggests that new development should be designed to make a positive contribution to the environment. It is considered that the erection of four terrace dwellings to replace the existing buildings would not contribute to the environment. It is judged that the terrace of properties would have a harmful impact to the surrounding environment which would be contrary to Strategic Policy 5.
Planning Circular 5/99 which is the Written Statement for the Foxdale Local Plan suggests that future residential development should be in small pockets and should not be in an estate type expansion. Housing Policy 6 also suggest that development should be good and innovative design. It is considered that the proposed terrace of houses would be similar to that seen in a housing estate and does not demonstrate good and innovative design. It could be argued that refurbishing the existing buildings or using a similar layout to the existing buildings could be innovative.
It is considered that the proposed development does not take account of the particular style and identity of the surrounding buildings and landscape features which would be contrary to Environment Policy 42.
Environment Policy 43 encourages the re-use of existing built fabric rather than its demolition. It is judged that the existing buildings could be re-used which would enhance the site and surrounding area.
The rear elevation of the existing buildings which are on the boundary of Rose Hill is a solid wall with no windows. This is the boundary wall which encloses the garden of Rose Cottage. As part of the proposed development these buildings would be demolished which would also include the elevation which is also the boundary wall.
The proposed development would be sited approximately at its closest point to the boundary shared with Rose Hill. The closest part of Rose Hill is approximately from the shared boundary. The rear elevation of the proposed development would have a number of
windows at ground floor and first floor levels; this would result in windows looking towards windows of Rose Hill at approximately 6.3m. It is considered that this would result in an unacceptable of overlooking and loss of privacy to the neighbouring properties which would be contrary to (g) of General Policy 2.
The proposed development would provide eight parking spaces within the curtilage of the application site but to the detriment of the character and appearance of the site. The proposed parking has been shown to be against the boundary wall with a large area of hard standing to the front of the dwelling. The parking and layout of the dwellings have resulted in no private amenity space for each dwelling which would be contrary to (h) of General Policy 2.
There would be no gardens to the front or rear of the dwellings and only a communal garden area to the south east of the proposed dwellings. It is considered that the proposed development would have an unacceptable impact to the amenities of local residents and the amenities of the proposed dwellings.
The Conservation Officer also considered that the existing buildings have some historic significance as they were outbuildings associated with Foxdale House as identified within the Registered 'Buildings and Features of Interest' section of Planning Circular 5/99 The Foxdale Local Plan specifically as follows:
"8.5 Many of the buildings reflect the village's varied mining history: for example, Foxdale House (between 1842 and 1865, the residence of the Senior Mine Captain, The Schoolmaster's residence, occupied in the mid-19th Century by Captain Bawden Snr's son-in-law and daughter, William and Louisa Ann Pinder, and Rosehill (originally Lily Bank) occupied at that time by the second captain, Captain Edward Bawden Jnr."
It is therefore considered that the existing buildings contribute positively to the character of this part of Foxdale and that their loss is therefore unacceptable and does not comply with 8.10 F/P/RB/2 – Policy, which states:
"All of the buildings referred to in paragraphs 8.2-8.8 inclusive must as far as possible, retain their original features and appearance."
For the above reasons the application is considered to be unacceptable and is recommended for refusal.
Party Status
The local authority, Patrick Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
The owner/occupier of Rose Hill is, by virtue of the Town and Country Planning (Development Procedure) Order 200, paragraph 2 (1) (a), considered an "interested person" and as such should be afforded party status.
Recommendation
Recommended Decision: Refused
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
R 1. By reason of the siting, layout, scale, form and design of the proposed buildings it is considered that the proposal would not respect the site and surroundings and would adversely affect the character of the surrounding landscape and would therefore be contrary to part b) and c) of General Policy 2 of the Strategic Plan.
R 2. The proposed development would be contrary to g) of General Policy 2 of the Strategic Plan as the proposed development would result in overlooking of "Rose Hill" which would adversely affect the amenities of those occupying the neighbouring property. The proposed development would also be contrary to h) of General Policy 2 as there is unsatisfactory amenity space to serve the proposed development.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Refused Date : 11-4-12
Determining officer (delete as appropriate)
Signed : ... Anthony Holmes Senior Planning Officer
Signed : ... Michael Gallagher Director of Planning and Building Control
Signed : ... Sarah Corlett Senior Planning Officer
Signed : ... Jennifer Chance Development Control Manager
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