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24/00657/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00657/B Applicant : Mr & Mrs Mark & Lynette Byrne Proposal : Erection of extension to replace conservatory, extension to create a porch, installation of render and composite timber cladding, window and door alterations, creation of a walled garden with swimming pool and hard and soft landscaping works Site Address : Loughen E Yeigh Bayr Ny Hayrey Lezayre IM7 2AU
Planning Officer: Russell Williams Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 08.08.2024 __
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.
This application has been recommended for approval for the following reason. The proposed development will not give rise to any significant adverse impact upon the amenity of the area or the character of the original dwelling house to a degree that would warrant refusal. The proposal therefore complies with General Policy 2, Housing Policy 16 and the Residential Design Guide and it is recommended that the development be permitted.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 12 June 2024:
CA-3138-001 - Location and Existing Site Plan - Rev A CA-3138-100 - Existing Ground & First Floor Plans CA-3138-101 - Proposed Ground Floor Plan - Rev A
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CA-3138-102 - Proposed First Floor Plan - Rev A CA-3138-103 - Proposed Site Plan CA-3138-300 - Existing Elevations CA-3138-301 - Proposed Elevations - Rev A CA-3138-900 - Proposed Model Views 21TS008-01 - Topographical Survey __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE
1.1 The application site comprises the residential curtilage of a large detached property, known as Loughen E Yeigh Farm, which is located on the northern side of Sulby River and to the west of Garey Ford in Lezayre.
1.2 The dwelling has its entire boundary enclosed in mature landscaping with its entire western boundary adjoining a wooded area. The property has a driveway measuring about 105m and connects the dwelling to a private road that feeds into the Bernahara Road (B14).
1.3 Most of the dwellings in the vicinity of the application site are characterised by large grounds enclosed in mature landscaping and wooded areas. The adjoining roads and highways are also lined by mature landscaping which screens the dwellings from public view.
2.0 THE PROPOSAL
2.1 The application seeks approval for the following works:
o erection of extension to replace an existing conservatory; o extension to create entrance porch; o installation of render to ground floor walls and composite timber cladding to first floor walls; o alteration and replacement of windows and doors; o creation of a walled garden with swimming pool, timber pergola and single storey open fronted outbuilding; o formation of roof terrace; and o hard and soft landscaping works.
2.2 The proposed orangery to the side elevation will be flat roofs with a roof lantern and largely glazed with timber cladding to the eves.
2.3 The proposed porch will be positioned between the side elevation of the dwelling, existing entrance hall and games room. It will be flat roofed with white rendered walls.
2.4 The proposed walled garden will comprise of rendered walls approximately 2.0m high enclosing a new terrace with swimming pool and social area. A timber pergola walkway will be constructed across the new garden terrace, linking to the northern outbuilding which will be partially walled with timber frame and a slate roof with solar panels facing into the walled garden.
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2.5 To the rear of the dwelling a new balcony terrace will be formed with glazed screes over an existing single storey part of the building.
2.6 The development proposes a significant amount of hard and soft landscaping works, including the formation of new low level walls, paths and patio terraces around the dwelling.
3.0 PLANNING POLICY
LOCAL PLAN 3.1 The application site is within an area recognised as being an area of 'white land' not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area. The dwelling is not within a flood zone, although large sections of the wider area are at risk of flooding from fluvial, tidal and surface water sources. There are no registered trees on site although the southern sections of the site are within a registered tree area.
3.2 Due to the zoning of the site and the proposed works, the following Strategic Plan policies are relevant in the determination of the application:
3.3 The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EP 1 and GP3). However given there is an existing dwelling on the site, it is relevant to consider Housing Policy 16 which guides extensions to non-traditional dwellings in the countryside.
3.4 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."
3.5 Housing Policy 16: The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public.
3.6 Paragraph 8.12.2: Extensions to properties in the countryside "As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside. Care therefore, must be taken to control the size and form of extensions to property in the countryside. In the case of traditional properties, the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be acceptable where these destroy the existing character of the property. In the case of non-traditional properties, where these are of poor or unsympathetic appearance, extensions which would increase the impact of the property will generally not be acceptable. It may be preferable to consider the redevelopment of non-traditional dwellings or properties of poor form with buildings of a more traditional style and in these cases, the Department may consider an increase in size of the replacement property over and above the size of the building to be replaced, where improvements to the appearance of the property would justify this."
3.3 General Policy 2 of the Strategic Plan is considered applicable, which states: "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:
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(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."
3.3 The Residential Design Guide July 2021 is a material consideration.
4.0 PLANNING HISTORY
4.1 The application site benefits from long and varied planning history, of which the following are most pertinent:
PA 98/00123/C - Change of use from agricultural dwelling to private dwelling was approved in June 1998. This application enabled the use of the existing agricultural dwelling on site as a private dwelling. This application is particularly relevant as extensions and works which make rural dwellings significantly large are not suitable for agricultural dwellings, given that it makes them unaffordable to rural workers over the longer term; a condition that is usually not commensurate with the needs of agricultural holdings.
22/01537/B - Alterations and extension to dwelling with terrace to replace existing conservatory, extension to create a porch, rendering works and timber cladding, pergolas, creation of walled garden and hard and soft landscaping works - approved March 2023. This application is similar to the proposals now considered.
5.0 CONSULTATIONS (this report only contain summaries - full reps can be read online)
5.1 Lezayre Commissioners - Approved as long as the additional footprint is no more than 50% of the original. The Commissioners ask if there are any conservation constraints as it is so close to the river.
5.2 DoI Highways Services commented - No interest registered.
6.0 REPRESENTATIONS
6.1 No comments have been received.
7.0 ASSESSMENT
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7.1 The application site comprises of a residential dwellinghouse and gardens, with limited ecological value, as noted by the previously approved development. The dwelling is located away from any nearby residential properties, the nearest being approximately 60m to the east, a distance that will ensure there is no loss of amenity.
7.2 Having regard to the above and the proposed development, the main issues to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the dwelling and the surrounding countryside.
7.2 Some of the proposed development has been approved in principle following the grant of application 22/01537/B, though there have been amendments to certain aspects of the design scheme since. The scale of the development and extensions are very similar to the previous approval and do not not represent more than a 50% increase in the size of the dwelling, which addresses the Commissioners comments. The proposed works to render and clad the dwelling, together with changing the fenestration, would result in a more contemporary appearance to the building, particularly when viewed in conjunction with the proposed porch and orangery extensions. The proposed extensions are of a scale and design that will result in an appropriate visual relationship with the dwelling and do not represent overdevelopment of the dwellinghouse.
7.3 The previous extant planning permission approved a new walled garden to the rear, along with a pergola, garden room and swimming pool. This amended scheme seeks to deliver more hard landscaping than the previous permission and a larger outbuilding, with the rear lawns removed. The roof of the new outbuilding will be visible above the new boundary walls but its slate material is in keeping with the dwelling and this does not result in any significant harm to the area.
7.4 The replacement single storey extension to the side of the dwelling, with the construction of a new orangery, will improve the appearance of the dwelling, with the previous extension being somewhat tired, with large amount of glazing making the space useable when the weather is extremely cold or hot.
7.5 The proposed hard and soft landscaping will give rise to visual benefits, improving the appearance to rear garden area, entrance and the general appearance of the site as a whole. The design, size, siting and finish of the various elements of the works are also considered to be appropriate for the site and area which is characterised by large gardens enclosed in mature landscaping.
7.6 Overall, the amended design scheme for alterations, extensions and ancillary domestic space is considered to be well designed and appropriate in its scale and finish. It represents an improvement upon the previously approved scheme.
7.7 The application site is not overly visible within short or long distance views from public vantage points, including nearby roads. The site is well screened by mature areas of planting which assists the site in assimilating into the context of the surrounding countryside. The site is inconspicuous within the wider landscape setting and the new built form relates well to the dwellinghouse. The overall design is well conceived and will not give rise to any significant harm to the character and appearance of the landscape.
7.8 In conclusion, the proposed development will not give rise to any significant adverse impact upon the amenities of the area or the character of the original dwelling house to a degree that would warrant refusal. The proposal therefore complies with General Policy 2, Housing Policy 16 and the Residential Design Guide and it is recommended that the development be permitted.
8.0 INTERESTED PERSON STATUS
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8.1 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.
8.2 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 o whether there are other persons to those listed above who should be given Interested Person Status.
8.3 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 a Principal Planner 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: 08.08.2024
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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