Planning Officer Report April 2012

{{table:18501}} Case Officer: Miss S E Corlett Photo Taken: Site Visit: Expected Decision Level: Planning Committee

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE ON THE BASIS OF THE PLANNING HISTORY OF THE SITE

The Site

1. The site is a rectangular shaped site, approximately five acres in size excluding the access lane, not defined by natural boundaries, centred on a complex of existing buildings, all accessed from a narrow private lane leading from a narrow country road which leads south east from the A25 Old Castletown Road at Oatlands Cottages, towards Meary Veg sewage treatment works. This road crosses the steam railway line just outside the site: in between the road and the railway is another existing property - Withaney - not within the site nor owned by the applicant.

1. The existing buildings on the site include an original farmhouse, a newer farmhouse (neither of which still have agricultural occupancy ties still applicable to them - see below), two residential units formed from barns which were converted to tourist accommodation and then changed to residential accommodation (see below) and agricultural buildings - stabling and a tractor shed - on each side of the former barns. The buildings are visible from two viewpoints - from the north from the top of the hill to the south of Crogga House from where the main house can be seen peeping over the intervening hillocks. Also the site is visible from the steam railway line as the site is higher than this. There is small copse of trees and vegetation between the railway line and the buildings and the view is limited and fleeting.

The Proposal

1. Proposed here in principle is the demolition of all of the buildings on the site except the main house, and their replacement with a new dwelling. The existing dwelling will be retained as guest accommodation and also proposed is the erection of a small gate lodge at the eastern edge of the site where the access lane meets the main site. This is not the same siting as that which was considered in the 07 application referred to below which was alongside the public highway at the northern end of the site.

1. The curtilage of the new house is different from the existing, extending further to the north east by 13m, further to the north west by 10m and less far to the south west by 8m. All of the proposed buildings shown in the site plan sit within the existing residential curtilage as

seen on site, other than a northern corner of the new property. The new property would extend further than does the existing group to the north east, north, north west but not as far as do the existing to the south west.

Planning Status

1. The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Woodland and an Area of High Landscape or Coastal Value and Scenic Significance.

1. As such, the proposal should be subject to the provisions of Housing Policy 14 which 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 where 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."

Planning History

1. The following planning applications have been submitted in respect of this site:

PA 88/0036 - erection of new farmhouse and integral garage, approved on appeal PA 89/1702 - erection of dwelling - permitted PA 89/1820 - erection of agricultural buildings - permitted PA 91/1132 - external alterations to dwelling and outbuilding - refused PA 94/1473 - approval in principle for conversion of farm buildings to tourist accommodation - permitted PA 95/0913 - conversion of farm buildings into two holiday cottages with parking areas - permitted PA 96/0454 - approval in principle for conversion of redundant barn to holiday cottage - refused PA 96/1587 - conversion of existing barns to two holiday cottages with associated parking - refused PA 97/0913 - conversion of barns to create 2 holiday cottages with associated parking - permitted PA 98/1087 - change of use from agricultural and holiday accommodation to residential use, conversion of barn to residential use and conversion of tractor shed to residential use - refused on appeal PA 99/1242 - alterations and extensions, Old Farmhouse - permitted PA 99/1694 - change of use from holiday cottages to domestic use and alterations to existing garages - permitted PA 00/0751 - installation of windows and doors - permitted PA 00/0254 - removal of agricultural worker's ties from two properties - old and new farm houses - permitted PA 00/1808 - installation of uPVC windows and doors - permitted

PA 01/252 - installation of dormer windows - permitted PA 03/1285 - alterations and extensions to existing dwelling - permitted PA 05/1629 - approval in principle for erection of two storey cottage with single detached garage - approved PA 05/1630 - approval in principle for the erection of three two storey dwellings with attached double garages - refused initially and at review.

1. The most recent application, PA 07/2361, which is the most relevant proposed the principle of the clearance of the site of the converted barns, the stables, tractor shed and their replacement with a new house with staff accommodation, a gym and garaging: the newer farmhouse was to be retained and used as guest accommodation and the older farmhouse retained and used as staff accommodation. Also proposed was a new gate lodge at the entrance to the site. The new main dwelling extended the built footprint some 16m to the north west of the existing buildings although the stable buildings to the south west of the existing complex are to be removed, thus reducing the built footprint by 25m in this direction. The residential curtilage was to be expanded around the buildings beyond the present definition of the residential space around the existing buildings. The complex was to be renamed Ballaquiggin Manor.

1. Whilst in principle only, the scheme contained indicative drawings which showed the replacement of the barns (footprint of 341 sq. m, overall floor area 521 sq. m), stables (90 sq. m) with new fabric which amounted to 1500 sq. m including the garaging and swimming pool block - a footprint of around 616 sq. m for the main accommodation, 300 sq. m for the swimming pool and 120 sq. m of garaging. The newer farmhouse was to be enlarged (this building has had permission for extension) and the gate lodge was to be around 64 square metres in footprint. One dwelling with ancillary accommodation would replace four dwellings. The applicant explained that his client has tried to market the properties but that they are not attractive due to their proximity to others and that the proposed large dwelling would satisfy the Treasury's policy to attract high net worth individuals to the Island.

1. This application was refused initially for reasons relating solely to the inclusion of a gate lodge which would represent development in an area which is not presently developed.

1. The application was taken to appeal where the Inspector split the decision between the proposal on the main site and that for the gate lodge. He recommended approval to the redevelopment of the main site on condition that the overall area did not exceed that shown on the approved drawings (see above). He notes that "The strategic policy on the introduction of replacement buildings in the countryside (Housing Policy 14) requires that new fabric is no greater than 50% larger than the existing. Whilst in this case, provision can and will be made for new fabric which is larger than this on the basis that the scheme is replacing four individual dwellings with one with associated ancillary accommodation, it is not possible to grant specific permission for the scheme shown in the submitted drawings without having the benefit of full elevational drawings which illustrate the mass of the proposed buildings and their impact particularly from the steam railway line to the south west." He also notes that "Whilst the current scheme proposes the retention of certain buildings the buildings to be retained are of no particular architectural merit and the appellants and may wish to consider the complete redevelopment of the site.

1. In respect of the gate lodge, he recommended that the arguments for this were not convincing and that whilst there were examples of other lodges, these relate to a different era and the proposal would result in a new dwelling on presently undeveloped land, would be unnecessary and intrusive and is not recommended for approval. The Minister agreed with this. Conditions were attached referring to the submitted drawings and notes referring to the points cited above relating to Housing Policy 14:

• This permission relates to the principle of the redevelopment of the site to create a single large dwelling with associated accommodation for staff and guests, together with access, landscaping and a new, expanded residential curtilage, all within the area edged red on plan reference K139/P/10-03 received on 8th February, 2008.

• Whilst no approval is granted for the specific siting and layout shown on the illustrative plan K139/P/10-04 the overall area of the footprint of the retained and new buildings to accommodate the main house, the gym/swimming pool, the garage, the staff accommodation and the guest accommodation shall not exceed the area of the built development shown on the plan.

• Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order (or any Order revoking or re-enacting the Order) no fencing, walling or extensions shall be erected without the express consent of the Planning Authority.

Notes:

• The strategic policy on the introduction of replacement buildings in the countryside (Housing Policy 14) generally requires that new fabric is no greater than 50% larger than the existing. Whilst in this case provision can and will be made for new fabric which is larger than this on the basis that the scheme is replacing four individual dwellings with one with associated ancillary accommodation it is not possible to grant specific permission for the scheme shown in the submitted drawings without having the benefit of full elevational drawings which illustrate the mass of the proposed buildings and their impact particularly from the steam railway line to the south west.

• Whilst the current scheme proposes the retention of certain buildings the buildings to be retained are of no particular architectural merit and the appellants may wish to consider the complete redevelopment of the site.

Representations

1. Highways Division indicate that they do not oppose the application

1. Residents of Maughold and Douglas both comment that it should be preferable to retain a greater number of smaller dwellings and that the proposal would be contrary to the Strategic Plan policies.

Assessment

1. The application should be considered in the light of Housing Policy 14 and in this respect, the previous application is a material consideration, particularly as the Inspector makes specific and very helpful comments about the interpretation of this. The lodge proposed previously has been omitted from its previous position which was considered intrusive and will now be less visible, if visible at all by the public. In moving the built development to the north east, this is moving it away from the view from the railway.

1. The principle of the demolition of most of the buildings with a new, large house has been accepted and there has been no change in policy since then to warrant a different decision. It is disappointing that the proposal still includes the retention of the existing main dwelling as this is the least attractive and most prominent of the buildings on site and referred to in the previous application decision as to be redeveloped if at all possible. The proposed layout of the buildings is the same as that shown in PA 08/2361.

1. The existing layout is not particularly attractive nor does it comprise buildings of particular interest or character. As such, it is concluded that the principle of redevelopment along the lines shown is acceptable, as it was in 2009.

1. It is recommended that the application is permitted but with the same provisions as those included in the 08 application decision, ie reiterating the principles of HP 14.

Party Status

1. The local authority, Santon Parish Commissioners are, 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.

1. 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.

1. The residents of Maughold and Douglas are not directly affected by the proposal and should not be afforded party status

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 04.05.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

C 1. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.

C 2. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.

C 3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.

C 4. This permission relates to the principle of the redevelopment of the site to create a single large dwelling with associated accommodation for staff and guests, including a gate lodge together with access, landscaping and a new, expanded residential curtilage, all within the area edged red on plan reference P/10-03 received on 14th March, 2012.

C 5.