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23/01498/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01498/B Applicant : Dr John C Taylor OBE Proposal : Amendment to PA 18/00197/B - Erection of replacement dwelling and new access drive and associated landscaping incorporating part Field 434112 and associated works to existing access lane. Amendments to provide additional underground clock room area to lower ground floor Site Address : Gatekeepers Cottage Douglas Road Ballasalla Isle Of Man IM9 3AB
Planning Officer: Paul Visigah Photo Taken : 01.05.2024 Site Visit : 01.05.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 14.06.2024 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. 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 dwellings, 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: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
C 3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 or any order amending, revoking or re-enacting that Order, no means of enclosure, structures or other free standing buildings, other than that shown on the approved plans and other documents listed on this decision notice, and any drawings approved
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subsequently in writing by the Department pursuant to any conditions on this decision notice, shall be erected on the site without an express grant of planning approval from the Department.
Reason: In the interests of the character and appearance of the development.
N. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
Plans/Drawings/Information;
This decision relates to the documents and plans received 4 January 2024.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The site is part of a field which lies to the south east of the A5 Douglas Road as it passes between the junction of the Old and New Castletown Roads (A25 and A5) and Ballasalla. Also included in the site is the access lane to the field, part of which is a public footpath. In addition to this, additional land is also included on the southern side of the railway line, directly opposite the existing Ballawoods Gatekeeper's Cottage together with the lane running alongside, which ultimately leads to Ballawoods Farm further to the south east. The site extends across almost the full width of the field with its southern boundary forming the edge of the railway line. The site is around 75m wide and 60m long at its longest point (NW to SE).
1.2 To the north east of the access onto the A5 is a dwelling, Arborfield whose access is onto the lane, rather than the main road. This is a modern single storey property with generous gardens surrounded by substantial trees and shrubs.
1.3 At the eastern corner of the site, alongside the lane and the railway line, is the former Ballawoods Gatekeeper's cottage. A gas main bisects the lower part of the application field and runs from the A5 along the route of the access lane to the railway.
2.0 THE PROPOSAL 2.1 Planning approval is sought for Amendment to PA 18/00197/B - Erection of replacement dwelling and new access drive and associated landscaping incorporating part Field 434112 and associated works to existing access lane. Amendments to provide additional underground clock room area to lower ground floor.
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2.2 The elements which this scheme seeks that were not included in the previous application includes: a. The addition of an underground clockroom and private workshop area. This area which measures about 102.85sqm, extends from the rear/side of the approved and constructed garage area of the Cottage towards the railway line. The proposed extension would house the applicant's rare and valuable clock and time piece collections. b. Alteration to the roof shape which would now extend past the outer chimney edges. c. Redesign of the chimney stacks to include three ornate and decorative copper chimney pots to each stack. d. Other works would include change in design of roof shingles, alteration to windows openings and alignment, replacement of rear planter with a seating area with a decorative copper balustrade.
2.3 Additional information provided on the application form indicates that rainwater (surface) run off and foul sewage would be discharged to existing system approved under PA 18/00197/B. They also state that the proposal would include changes to the site levels with the excavated earth is being utilised elsewhere on site to provide landscaping on site. No trees or mature landscaping would be removed to facilitate this development.
3.0 PLANNING POLICY 3.1 Site Specific 3.1.1 The site lies within an area not designated for a particular purpose on the Area Plan for the South (2013), and the site is not within a Conservation Area. The site is not within a registered tree area and there are no registered trees on site. The site is largely not prone to flood risks with only a small patch of the site considered to have low likelihood of flood risks.
3.2 Area: AREA PLAN FOR THE SOUTH 3.3.1 The following parts of the Area Plan for the South Document are vital for consideration:
3.3.2 The Character Appraisal within the Area Plan for the South states thus concerning the area - Ballamodha, Earystane and St Marks (D14)
3.3.2.1 Overall strategy: o To conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. o The strategy should also include the restoration of landscapes disturbed by former mining activities.
3.3.2.2 Key Views o Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons. o Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views.
3.3.2.3 Paragraph 5.21.3 states: In terms of the Island's rail heritage, the route of the still-operational Isle of Man Steam Railway winds south and west from Santon Station to its terminus in Port Erin, passing through Ballasalla, Castletown, Colby, and Port St Mary on the way. Given that the route, most of the rolling stock, and most of the station buildings and line-side structures are essentially as they were when the railway opened in 1874, there is obvious cultural and historic interest. Where possible and practical station buildings, gate-keepers' huts, and other line-side structures should be retained in, and where necessary, restored to their original form and appearance. Although it is recognised that financial and modern operating requirements may mean that this is not always possible."
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3.2 National: STRATEGIC PLAN (2016) 3.2.1 The Strategic Plan stipulates a general presumption against development in areas which are not zoned for development, and where the protection of the countryside is of paramount importance (EP 1 and GP3). However, there are policies which allow for residential development in the countryside through the re-use or re-development of existing buildings or dwellings (Housing Policies 11, 12, 13 and 14). These policies need to be considered in detail.
3.3 Relevant Strategic Plan Policies: a. General Policy 3 - Exceptions to development in the countryside. b. General Policy 2 - General Development Considerations. c. Environment Policy 1 - Protection of the countryside and inherent ecology. d. Environment Policy 4 - protection of ecology and designated sites/protected species. e. Environment Policy 5 - In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed. f. Environment Policy 22 - pollution. g. Housing Policy 12 - Provides guidance on the replacement of an existing dwelling in the countryside. h. Housing Policy 13 - Provides guidance on the formation of dwellings for those rural dwellings which have lost their former residential use by abandonment. i. Housing Policy 14 - provides advice where the principle of a replacement dwelling is considered acceptable. j. Strategic Policy 1 - Efficient use of land and resources. k. Strategic Policy 2 - Priority for new development to identified towns and villages. l. Strategic Policy 3 - Development to respect the character of our towns and villages. m. Strategic Policy 5 - Design and visual impact. n. Spatial Policy 3 - identifies service villages which includes Ballasalla, especially as it relates to the provision of housing development. o. Spatial Policy 5 - Development in the countryside will only be permitted in accordance with General Policy 3. p. Transport Policy 1 - Proximity to existing public transport facilities and routes, including pedestrian, cycle and rail routes important for new development. q. Transport Policy 3 - New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes. r. Transport Policy 4 - Highway capacity and safety considerations. s. Transport Policy 7 - Parking considerations/standards for development.
t. Paragraph 8.11 Replacement Dwellings in the Countryside: "There are in our countryside many existing dwellings, some of which contribute positively to its appearance and character, and some of which do not. A number of dwellings have been abandoned for many years; their physical remains being a reflection of agricultural and social change across the Island. They form features in the rural landscape which are often not unacceptable in their present state. It is appropriate to encourage change which would result in overall environment improvement, and to discourage change which would not. Where the building(s) concerned are of architectural merit or of local, historical or social interest demolition and replacement will be discouraged."
u. Relevant Definitions: o Habitable status - In the context of Housing Policy 12, "habitable status" means whether or not a building which has previously been occupied as a dwelling may be re- occupied as such without the need for planning permission for that use." o Non-residential use - In the context of Housing Policy 12, "non-residential use" means use for a purpose other than as a dwelling." o Non-use - In the context of Housing Policy 12, a period of "non-use" means a period during which the building has been unused i.e. has not been used for any purpose."
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4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Planning Policy Statement 3/91 which provides guidance on the design of residential development in the countryside.
4.1.1 Policy 3 states: "The shape of small and medium sized new dwellings should follow the size and pattern of the traditional farmhouse. They should be rectangular in plan and simple in form. Extensions to existing buildings should maintain the character of the original form".
4.1.2 Policy 4 states: "External finishes are expected to be selected from a limited range of traditional materials". The supporting texts to policy 4 states that "Modern construction and materials may be used to achieve a similar external appearance".
4.1.3 Policy 5 sates: "Doors and windows together with their size and relationship with each other and the wall face should follow traditional rural forms."
4.2 IOM Biodiversity Strategy 2015 to 2025 4.2.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.
4.3 DEFA's Residential Design Guide 2021 4.3.1 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 2.0 on sustainable construction, 3.1 Local Distinctiveness, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme.
5.0 PLANNING HISTORY 5.1 The site has been the subject of four previous planning applications which sought to erect a new dwelling on site, such as PA 17/00540/B (Refused), PA 17/01076/B (Approved), and PA 18/00197/B (Approved), the most relevant being PA 18/00197/B, given that the current proposal seeks to alter elements of the proposal approved under this application.
5.2 PA 18/00197/B for Demolition of existing dwelling (Gatekeeper Cottage) and erection of replica building on part of Field 434107 adjacent and erection of replacement dwelling and new access drive and associated landscaping incorporating part Field 434112 and associated works to existing access lane (amendment to PA 17/01076/B), was approved on 24th April 2018, subject to three approval conditions. Condition 2 of that approval required that the new store building, built to replicate Ballawoods gatekeeper's cottage, must be erected in accordance with the approved plans and be available for use prior to the occupation of the new dwelling. The reinstatement of the gatekeeper's cottage was considered to be a fundamental reason why the new dwelling is considered acceptable. This dwelling has now been erected and was evident during the site visit on 1 May 2024.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 DOI Highway Services have no interest in the application (12 January 2024).
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6.2 DOI Highways Drainage have stated that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. They advise the applicant to be aware of and comply with the above clauses (12 January 2024).
6.3 DEFA Environmental Health have made the following comments regarding the application (23 January 2024): o They state that if a sewage treatment works is connected to a drainage ditch or watercourse a discharge license will be required. Further information including the application form can be found at; https://www.gov.im/about-thegovernment/departments/environment- food-and-agriculture/environmentdirectorate/environmental-protection-unit/river-water- quality/discharge-licenses/
o They state that if the discharge is connected to a soak-away; percolation tests will need to be carried out in accordance with Building Regulations.
6.4 DEFA Ecosystem Policy Team have recommended that In line with Condition 3 of the previous approval for PA 18/00197/B, a condition is secured on approval for landscaping works at the site (31 January 2024).
6.5 Malew Parish Commissioners have no objections to the Planning application (10 January 2024).
6.6 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of the current application are: a. The principle of the proposed development; b. The Potential Visual Impacts on the site and surrounding countryside; and c. Potential Impacts on Neighbours
7.2 The Principle (GP 3, HP 12, 13, HP 14) 7.2.1 In assessing the principle of the proposed development, it is noted that the site is in the countryside location where presumptions against development as stipulated within GP3 and EP1 exists, and it is also considered that the previous approved scheme did not comply with Strategic Plan policies on housing in the countryside. However, the principle of the development has been accepted and established through the extant approval for the site, which has been commenced and progressed substantially.
7.2.2 Similarly, there has been no change in planning policy or other material planning circumstance since that previous planning approval was granted, and as such there is no reason to reach a different conclusion on the overall general proposal, meaning that the main purpose of this current planning application is to assess whether the amendments are acceptable.
7.3 Visual and Landscape Impacts (STP 4 & 5, GP2, & Character Assessment - Area Plan) 7.3.1 In terms of the visual impacts of the proposed development, it is considered that a significant element of the proposed scheme would be subterranean, such that most of the works would concealed by the raised site layout and profile, where any visual impacts would be no different form that considered acceptable with the previous scheme which enabled the erection of the new dwelling on site.
7.3.2 The alterations now proposed over and above the development approved under previous planning application 18/00197/B do not alter its impact significantly and not to lead to any issues or concerns that would render the proposed development unacceptable, or exacerbate the potential visual impacts over that associated with the new dwelling on site. In
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fact, the main aspects of the proposal are aimed at improving the functionality of the dwelling without creating more built development on site, whilst retaining the bulk, form and footprint of the dwelling largely as proposed. The changes to the roof and chimneys, whilst at positions that would be noticeable, are not judged to be averse to the general appearance and design of the dwelling now erected on site, and as such considered to be in keeping with the general appearance of the dwelling.
7.3.3 On balance, all these aspects of development proposed in this application are deemed to be an acceptable forms of development that would be in keeping with the current character of the site, and are not judged to create adverse visual or landscape impact when viewed from the surrounding area, adjacent railway line or nearby public footpath, thus complying with those sections of General Policy 2(b) & (c) and Strategic Policy 4 of the Strategic Plan.
7.4 Impacts on Neighbouring amenities (GP2 & RGD 2021) 7.4.1 With regard to the potential impacts on neighbouring amenity, it is considered the level and scale of development proposed here, are considered to be relatively modest and not judged to cause harm to neighbouring amenity, particularly as the nearest neighbour at Arborfield, Douglas Road, Ballasalla, is situated more than 344m from the dwelling. It is also worth noting that the trees and mature landscaping which line the boundaries of the track which connects the site to the A5 Douglas Road, provides further screening of the development such that there would be no views to the proposed development, even though it is acknowledged that the scale of the proposed changes, and the separating distance makes it impracticable for any adverse impacts to result from the proposal on any neighbour.
7.5 Other Matters 7.5.1 The comments made by the DEFA EPU regarding surface water and foul sewage discharge are noted. However, as the proposal does not include changes to the drainage management system on site, with the new scheme relying on that which was approved and provided under PA 18/00197/B, no assessments would be made about drainage provisions.
8.0 CONCLUSION 8.1 The proposal is still supported given they do not alter the previous approval PA 18/00197/B significantly. Overall, the proposed development still does not cause unacceptable harm to public amenity, private amenity, highway safety or any other material planning considerations, and it is not considered that the scheme as proposed would result in adverse visual or landscape impacts. The application is, therefore, recommended for approval.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
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o whether there are other persons to those listed above who should be given Interested Person Status.
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Date : 17.06.2024
Determining officer Signed : J CHANCE
Jennifer Chance
Director of Planning and Building Control
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