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                                      19/00553/B                                     Page  1  of  6

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/00553/B Applicant : Carnane Estate Ltd Proposal : Erection of a replacement dwelling Site Address : Upper Rhenab Rhenab Road Cornaa Ramsey Isle of Man IM7 1EL

Principal Planner: Mr Chris Balmer Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 24.06.2019 __

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. 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 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. No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together

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with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details.

Reason: To provide adequate safeguards for the bats.

Plans/Drawings/Information:

This approval relates to the submitted documents and drawings reference numbers P/10-00, P/10-01 REV A, P/10-02 REV A and P/10-03 received on 13th May 2019 and 12th June 2019.

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Interested Person Status - Additional Persons

It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Manx National Heritage as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __

Officer’s Report

1.0 THE APPLICATION SITE 1.1 The application site comprises the curtilage of Upper Rhenab, Rhenab Road, Cornaa, Ramsey. Within the site there comprises a two storey traditional Manx farmhouse property, with a single storey extension to the rear.

1.2 Until recently an attached two storey Manx stone barn was attached to the western gable end of the dwelling. However, this barn was recently demolished. . To the east of the dwelling and attached barn there was also a further two storey barn which appears to be constructed from brick with a render finish. To the south of all these buildings is a single storey Manx stone outbuilding, again this has been demolished.

1.3 The application site is accessed via an existing private road which adjoins the Rhenab Road. This runs in a southerly direction where the existing entrance to the site can be found. The access continues ion a south eastern directions serving a neighbouring farm.

2.0 THE PROPOSAL 2.1 The application seeks approval for the erection of a replacement dwelling.

2.2 The proposed replacement dwelling is not the normally two storey farmhouse styled property, but more of a Manx cottage styled property which has ground floor accommodation with additional accommodation within the roof space, with two flush dormers providing light and outlook. The dwelling includes traditional styled features, including gable end chimneys, sliding sash windows, painted render, natural slate roof and traditional proportions/forms. The dwelling is sited on a very similar footprint to the existing dwelling.

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3.0 PLANNING HISTORY 3.1 The previous applications are considered relevant in the determination of this application:-

3.2 Approval in principle for the erection of a replacement dwelling and detached garage addressing means of access - 16/00469/A - APPROVED

4.0 PLANNING POLICY 4.1 In terms of land use designation the application site is not designated for any site specific purpose under the 1982 Development Plan Order, with the entire site being within a wider area of land that classified as being of high landscape 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 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."

4.4 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."

4.5 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

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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."

4.6 Planning Circular 3/91 - Guide to the design of residential Development in the Countryside.

5.0 REPRESENTATIONS 5.1 The Garff Commissioners have no objection to the application (13.06.2019).

5.2 Highway Services make the following comments (received on 07.06.2019); "Given the fact that there is already a 3 bed dwelling on site and access arrangements remain unaltered, there no highways related objections to the proposals.

It is acknowledged that a larger scheme was approved under planning application 16/00469 therefore please attach the same highways related conditions to any future consent.

Recommendation: DNOC"

5.3 Manx National Heritage makes the following comments (04.06.2019): "Records from the National Biodiversity Network (NBN) Atlas Isle of Man, show that several species of bat have been recorded in the local area. Common pipistrelle (Pipistrellus pipistrellus), brown long-eared (Plecotus auritus), Natterer's (Myotis nattereri) and Daubenton's (M.daubentoni) bat are present within the local landscape, with records for Leisler's (Nyctalus leisleri) bat a small distance away, but as this species forages up to 14km from its roosts site, it is likely to be present in the local landscape.

The surrounding local landscape is ideal for a number of bat species. The farmland immediately surrounding the site provides 'open' habitat that species such as Leisler's and common pipistrelle bats would utilise, along with numerous hedgerows which offer suitable commuting features.

Ballaglass Glen is located to the north of the site, with further woodland areas located to the west and south, along with tree clusters immediately west of the site. These wooded areas offer the

'closed' habitat often preferred by species such as brown long-eared bats. The Cornaa River runs to the west of the site, with several associated areas of standing water, as well as a tributary running to the south of the site. These riverine habitats are favoured by species such as Daubenton's and soprano pipistrelle bats, which forage on the water.

The photographs provided in the application confirm a traditional slate roof and the likely presence of a roof void, offering potential niches for roosting bats.

All Manx bat species are listed as Schedule 5 species under the Wildlife Act (1990). As such, it is an offence to intentionally kill or injure any species of bat. It is also an offence to intentionally or recklessly damage, destroy or obstruct access to, a location which a bat is using for shelter or protection. Disturbance to a bat whilst it is occupying such a location is also an offence. Recommended a bat survey"

6.0 ASSESSMENT

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6.1 The main material planning considerations are: (a) principle of the demotion of the dwelling; and (b) visual impact of the proposed development

PRINCIPLE OF THE DEMOTION OF THE DWELLING / POTENTIAL REGISTRATION 6.2 Under the provisions of General Policy 3 and Housing Policy 4 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. The existing dwelling is still in place and in use; therefore retains its full habitable status and therefore also accords with paragraph (a) of Housing Policy 12 from this respect.

6.3 It should also be acknowledged that the previous application 16/00469/A approved the principle of the existing demolished. This is a material planning consideration.

6.4 Furthermore there is no objection to the demolition of the dwelling from Manx National Heritage.

6.5 It is not considered the existing dwelling is of any particular interest to warrant its retention.

VISUAL IMPACT OF THE PROPOSED DEVELOPMENT 6.6 As can be seen, Housing Policy 14 raises a number of issues that need to be taken into account. The first relates to the replacements dwellings siting. The proposal complies with this section of the policy.

6.7 The second aspect of HP14 to consider relates to the size of the new dwelling. This proposal would equate to a 0.7% decrease (proposed floor area 137sqm & existing floor area 138sqm). Therefore this aspect is complies with the policy. The dwelling is also smaller in height.

6.8 The proposal in terms of its form, proportion, design and finish are all considered appropriate in in keeping with the IOM landscape/countryside; being a dwelling designed to appear more as a traditional styled cottage, rather than the normal two storey Manx farmhouse. However, it is considered this approach would work well on the site and is not uncommon in the IOM countryside. Accordingly, while it may not strictly in accordance with Planning Circular 3/91, it is considered acceptable.

OTHER MATTERS 6.9 Comments from Manx National Heritage are noted and a condition which requires a bat survey being undertaken prior to the dwelling being demolished should be attached to any approval.

7.0 CONCLUSION 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 (Article 6(4), 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; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine:

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o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. __

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date : 01.07.2019

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

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