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24/00805/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/00805/B Applicant : Mr Keith Hoyes Proposal : Erection of a replacement dwelling and alteration to vehicular access Site Address : Thie Dhorlish Rhenab Road Cornaa Ramsey Isle Of Man IM7 1EL
Planning Officer: Graham Northern Photo Taken :
Site Visit : Expected Decision Level :
Recommendation
Recommended Decision:
Refused Date of Recommendation: 26.09.2024 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. Given that no existing dwelling exists on the site as a result of demolition, it is considered that the site has been abandoned and as such the proposal conflicts with Housing Policy 12, Part A and the application is considered unacceptable in principle and wouldn't meet any of the exceptions within General Policy 3.
R 2. The proposal, given the loss of the original dwelling, seeks to create a new dwelling outside of a designated town or village and thereby results in encroachment into the rural countryside and as such conflicts with Housing Policy 4 as the proposals would not meet any of the exceptions listed at a, b or c. __
Interested Person Status
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations; Manx National Heritage __
Officer’s Report 1.0 THE SITE 1.1 The site is Thie Dhorlish, Rhenab Road, Cornaa, Ramsey, which previously housed a two-storey detached dwelling located on the east of Rhenab Road, which has now been demolished.
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1.2 Planning permission was approved on the 17th March 2023 for refurbishment, partial demolition of existing extension and erection of a new single-storey extension. Minor site clearance works around the house were undertaken by the owner in February 2024 after a very harsh winter. Due to the precarious nature of the existing building he obtained the services of a professional demolition contractor to carry out works to the house, before the start of the bird nesting season. 1.3 Unfortunately following the removal of the rear extension, the contractor informed the owner that the house was in such a poor condition that it was very unstable and could not be left as it was, as it was a Health and safety risk and if anyone went on the plot it could potentially collapse. As there were families in houses adjacent the owner decided that the best solution was for the Contractor to demolish the house safely while he was there that day.
2.0 THE PROPOSAL 2.1 The proposal is for a replacement dwelling and seeks to essentially replace the dwelling that would have been refurbished and finished from the previous permission granted under application reference 22/01470/B. 2.2 Comparison plans show the previous footprint permission PA22/01470/B in red hatching compared to what is now proposed with the footprint identical. Comparison elevations at plan numbers 08 and 09 also show how the proposals compare visually with the prior permission. 2.3 The front elevation (east) has a reduced roof to allow a full two storeys where previously the windows were at eaves level due to restricted height. An additional mid-section window to the first floor above the porch. 2.4 West Elevation as per approved. 2.5 South Elevation side window to porch created 2.6 North elevation as per approved. 2.7 The replacement has been moved back and further away from the river side when compared to the previous plans.
3.0 PLANNING HISTORY 3.1 Approval in principle to build a replacement three bedroom two story house with a separate garage and workshop was REFUSED under PA 22/00618/A. The reason for refusal was "failing to comply with General Policy 3 and Housing Policy 12 of the IOM Strategic Plan 2016." 3.2 Planning permission was approved PA22/01470/B on the 17th March 2023 for Refurbishment, partial demolition of existing extension and erection of a new single-storey extension, the dwelling was then demolished.
4.0 PLANNING POLICY Site Specific 4.1 The site is not within an area with a specific land use designation in the 1982 Development Plan, meaning it is considered to be part of the countryside. 22/01470/B 4.2 The site is within an Area of High Landscape or Coastal Value and Scenic Significance (AHLV). National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 4.3 Housing Policy 4: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14." Replacement Dwellings in the Countryside
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4.4 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. 4.5 Housing Policy 12: 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. 4.5 It is important that replacement dwellings should relate closely to the buildings they replace in terms of siting and size, which the resulting visual impact is appropriate for the countryside, and that existing stone and slate are re-used. 4.6 Housing Policy 13: "In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost. Where: a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and b) there is an existing, usable track from the highway; and where c) a supply of fresh potable water and of electricity can be made available from existing services within the highway. 4.7 Housing Policy 14: 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(1), 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 general, new fabric should be finished to match the materials of the original building. Development outside of areas zoned for development 4.8 General Policy 3: 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(1) 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.
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4.9 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." Other Policy Documents 4.10 Planning Circular 3/91 - Guide to the design of residential development in the countryside policies are as follows: POLICY 2 New buildings are to be integrated with the landscape and where in groups, with each other. Single buildings in prominent locations can only be considered if they are satisfactory in all respects and include landscape proposals. POLICY 3 The shape of small and medium sized new dwellings should follow the size and pattern of traditional farmhouses. They should be rectangular in plan and simple in form. Extensions to existing buildings should maintain the character of the original form. POLICY 4 External finishes are expected to be selected from a limited range of traditional materials. POLICY 5 Doors and windows together with their size and relationship with each other and the wall face should follow traditional rural forms. POLICY 6 Chimneys are considered important features and their provision following past patterns is recommended. POLICY 7 Existing features are an essential part of the rural scene. New work should follow and respect successful past patterns.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. 5.1 Garff Commissioners 08.08.2024 - request that the applicant submits detailed drawings of the type, size, and finish of the new roadside walls that will be constructed. They believe that these should be in character with the roadside walling just across the road from the property and that which exists in the vicinity. 5.2 DOI Highway Services 19.07.2024 - finds it to have no significant negative impact upon highway safety, network functionality and/or parking. The proposals are an improvement in access visibility over the existing situation and a potential passing place on the adopted highway could be added. A S109 highway agreement will be required for the proposed access alterations tie-in onto the adopted highway and potential new passing place 5.3 Manx Heritage 26.07.2024 - Raise potential for nesting bats and birds in the abandoned building.
6.0 ASSESSMENT 6.1 The original house was of a traditional Manx countryside dwelling character dwelling. It consists of a two storey pitched-roof main dwelling, a single-storey pitched-roof porch, a single-storey mono pitched-roof extension on the rear elevation and a single-storey mono- pitched-roof porch rear extension on the rear extension. There was a mono-pitched roof garage on the west corner of the site. 6.2 The main issue at play is that the site has been cleared and no dwelling exists on the site and as such there isn't a dwelling to replace. Added to this the case of abandonment was made clear in the previous application that was refused PA 22/00618/A where it was considered the existing dwelling wasn't fit for habitation and as such had been abandoned with the reason for refusal stating,
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abandonment, there can be no greater case of abandonment than where the dwelling has been demolished and removed from site losing the residential use. 6.4 Whilst there is some sympathy to the applicant's case there is also a lack of evidence to justify the demolition with no structural report to identify the issues and it seems that the decision to demolish the structure was made in some haste. 6.5 Whilst the plans submitted are of the same footprint and the dwelling is placed in the same location and of a very similar design, the fact remains that the site as a result of demolition has been abandoned and as such conflicts with housing policy 12 part A and the application is considered unacceptable in principle and wouldn't meet any of the exceptions within General Policy 3. 6.6 The proposal as such effectively with the loss of the original dwelling seeks to create a new dwelling outside of a designated town or village and as such conflicts with Housing policy 4 as a result, as the proposals do not meet any of the exceptions listed a, b or c. Visual Impact 6.6 Originally a stone wall of some age formed the frontage boundary to the property and is shown on the design statement pictures. When visiting the site in August 2024 it was apparent that this wall had also been removed. The plans seek to provide a new wall that results in compliance with visibility splays. The applicant has submitted a plan showing details of a new wall which would be constructed. The detail specifies that the wall would be built in re used Manx stone from the site with detail to match the wall on the opposite side. Given the detail provided and the use of reclaimed Manx stone the wall would be considered acceptable in visual terms.
7.0 CONCLUSION 7.1 Given the site has been cleared of all buildings including the dwelling house the fact remains that the site as a result of demolition has been abandoned and as such conflicts with housing policy 12 part A and the application is considered unacceptable in principle and wouldn't meet any of the exceptions within General Policy 3. The proposal as such results in the creation of a new dwelling within the open countryside, and outside a town or village, which fails to to meet any of the exceptions cited in Housing Policy 4.
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 o whether there are other persons to those listed above who should be given Interested Person Status.
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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.
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I can confirm that this decision has been made by the Acting Head of Development Management 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 and/or rights to appeal.
Decision Made: Refused
Date: 02.10.2024
Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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