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24/90954/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 24/90954/B Applicant : Mr Benjamin Dunderdale Proposal Erection of a replacement dwelling, extension to garage and increase in residential curtilage Site Address Thie Ny Crossag (Formerly Glen Mona Bungalow) And Part Field 624282 Glen Mona Loop Road Glen Mona Ramsey Isle Of Man IM7 1HG
Case Officer :
Russell Williams Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 03.02.2025
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. No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of the retention of existing landscaping and new planting showing, type, size and position of each. 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 kennel extension, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 3. No tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Reason: To ensure that retained trees are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
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C 4. The development hereby approved shall be undertaken in full accordance with the approved materials and finishes detailed in drwg. no. 2023-056-106.
Reason: In the interests of the visual amenity of the locality.
C 5. 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, 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 6. 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 garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C 7. Within 3 months of the completion and first occupation of the new dwelling, the existing dwelling on site shall be demolished and all materials removed from the site.
Reason: To prevent the creation of an additional dwelling on the site which would be contrary to planning policy and in order to safeguard the countryside for its own sake.
This application has been recommended for approval for the following reason. The proposals respect the site and surroundings in terms of the siting, layout, scale, form, design of buildings and the spaces around them. The proposals will not harm the character of the surrounding landscape or townscape and comply with General Policy 2 (b) & (c). Furthermore, while the proposals will result in a larger dwelling on the site, the design and appearance is considered to result in an enhancement to the site and its landscape setting such that the proposals are justified and in accordance with Housing Policy 14. Finally, the proposal would not adversely affect the countryside or harm the character and quality of the landscape complying with Environment Policies 1 and 2 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to the following drawings and documents received 23 September 2024:
2023-056 -100a - Site Location Plan 2023-056 -100 - Topographical Survey 2023-056 -101a - Proposed Site Plan 2023-056 -102a - Proposed Site Plan 2023-056 - 103 - Proposed Floor Plans 2023-056 -106 - Proposed Elevations 2023-056 -107 - Existing and Proposed Garage __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
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Garff Commissioners No objection
DOI Highway Services No objection
DOI Highway Drainage No objection
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Officer’s Report
THE APPLICATION IS REFERRED TO COMMITTEE AS THE SITE IS NOT ALLOCATED FOR DEVELOPMENT AND THE APPLICATION IS RECOMMENDED FOR APPROVAL.
1.0 THE SITE
1.1 The site comprises the residential property known as Thie Ny Crossag (Formerly Glen Mona Bungalow), together with a parcel of adjoining land.
1.2 The site is occupied by a detached single storey dwellinghouse that is thought to be 80- 100 years old. The dwelling is of a timber construction and finished in timber cladding and metal sheeting to the walls beneath a man-made slate roof. The dwelling has recently been modified to allow the applicants and their family to occupy the building, but it remains in a poor condition and below expected living standards.
1.3 The dwelling has a floor area of approximately 125sq.m and within the property is a detached garage building.
1.4 The site is bounded by hedgerows and contains trees to the northern end. A license has recently been issued to feel some trees in and around the site of the proposed dwelling.
1.5 The land to the south, which is proposed to become included within the domestic curtilage, has a gently sloping topography and is laid to grass. It appears to have been used informally as gardens over recent years.
2.0 THE PROPOSAL
2.1 The application seeks planning permission for the erection of a replacement dwelling and garage, together with the change of use of the adjoining land to be included within the domestic curtilage.
2.2 The proposed dwelling would comprise of open plan living, kitchen and dining space, snug music studio and utility at ground floor. At first floor there will be five bedrooms (2 en- suite) and a family bathroom.
2.3 The dwelling is linear in form and is designed to represent a traditional barn style dwelling found within the Manx countryside. The building will be finished externally in stone cladding, slate roof and "golden oak" coloured double glazed fenestration. Solar PV panels will be installed to the south facing roof slope.
2.4 The replacement garage will be erected to the north of the dwelling and on the footprint of the existing garage and part of the dwellinghouse. It will be finished in stone cladding and slate roof with timber barn style double doors. Two small domestic wind turbines will be sited at either end of the ridge line.
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3.0 PLANNING POLICY
3.1 The application site is within an area of High Landscape Value or Costal Value and Scenic Significant under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area or area at risk of flooding.
3.2 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: (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 General Policy 3 states that "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);"
3.4 Environmental Policy 1: "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 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 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."
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3.6 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(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.
3.7 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."
4.0 OTHER MATERIAL CONSIDERATIONS
4.1 Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside is a material consideration.
5.0 PLANNING HISTORY
5.1 There is no planning history of material relevance to the application.
6.0 REPRESENTATIONS
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
Garff Commissioners - The visual impact of the proposed building was considered. It was agreed that any intrusion would be minimal and that the design was sympathetic to the adjacent countryside. Members noted that the design would have the characteristics of a rural Manx barn and feel that such a design is appropriate in this location on the Loop Road. The Board expressed support for the proposals including the extension to the curtilage of the dwelling. Please note that the Commissioners are seeking through the Area Plan for the North and West process to ensure policy is in place that encourages sensitive development of the Glen Mona area, particularly the kind of development that would attract families as this would tend to increase the vibrancy of both the community and the school. In this respect they support the proposal in the Draft Area Plan to designate a field beside Dhoon School for future development. It is the view of the Commission that the proposals in this application will assist in ensuring the sustainability of the Glen Mona community. The Commissioners have no objections to the proposals, and for the reasons outlined above, wish to indicate their support for its approval.
DOI Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the existing access and proposed vehicle hardstanding area is acceptable for the proposals.
DOI Highway Drainage - 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. The applicant should be aware of and demonstrate compliance with the clause above.
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6.2 No representations have been received from members of the public.
7.0 ASSESSMENT
7.1 The key considerations in the determination of the application are principle of the demolition of the existing dwelling and the potential visual impact of the works to the countryside setting/landscape.
PRINCIPLE OF DEVELOPMENT
7.2 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 acceptable in principle and taken as a suitable exceptional circumstance to the general presumption against development within the countryside. Proposals for replacement dwellings must, however, comply with other relevant policies in the Strategic Plan, including Housing policies 12 and 14.
7.3 Regarding Housing Policy 12, the use of the existing dwelling has not been abandoned and continues to be lived in by the applicants. Neither is the dwelling of architectural or historic interest given its form of construction and finished appearance and materials.
7.4 The existing dwelling is in a poor condition and it is not considered appropriate for it to be modernised without significant amounts of rebuilding to create a thermally efficient building and to upgrade the accommodation within. Having regard to the above, the demolition and replacement of the dwellinghouse is acceptable in principle and complies with HP12.
IMPACT UPON THE CHARACTER AND APPEARANCE OF THE AREA/LANDSCAPE
7.5 There are two part to consider in this instance, firstly the impact of the replacement dwelling upon the landscape and secondly, whether the extended curtilage is acceptable.
7.6 The existing dwelling is smaller and more discreet in its visual impact within the immediate area, being set within the group of trees and single storey in scale. Notwithstanding, there has been no objection to the proposals from local residents or Garff Commissions, with the latter noting the building will have a suitable design and appearance generally. The site is partially screened by boundary hedgerows, though the two storey building will be seen from the highways to the east and west. The retained trees to the north will screen views from that direction whilst also providing a soft backdrop for the building when seen from the south. The building will be set into the sloping ground slightly, which will reduce the overall height above ground and visual prominence.
7.7 Regarding Housing Policy 14, it is noted that the replacement dwelling will not be sited on the footprint of the existing dwelling, though part of the new garage will be. The purpose of this is to allow the family to reside in the existing dwelling whilst the new house is constructed. Demolition of the existing dwelling can be secured and enforced through a suitably worded planning condition to ensure there is no risk of the existing dwelling being retained on the site, which would be contrary to policy.
7.8 Housing Policy 14 sets a limitation for any increase in the size of replacement dwellinghouses to 50% of the existing floor area. In this instance the existing dwelling has a floor area of 125sqm and the proposed dwelling is approximately 325sqm, which represents a significant increase in floor area and conflicts with Housing Policy 14. The main reason for the increase in floor area results from the addition of a first floor to the replacement dwelling, something that the existing dwelling does not have.
7.9 Notwithstanding the scale of the dwelling, Housing Policy 14 does provide for circumstances where larger dwellings may be supported. It states that "Consideration may be
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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."
7.10 It is beyond doubt that the existing dwelling is of poor form, construction and visual appearance. The proposed replacement dwelling is, however, of a traditional design as described and will utilise materials that are characteristic of the Manx countryside.
7.11 The design of the new dwellinghouse is one of a simple yet traditional rural building, finished in Manx stone to the walls and natural slate roof, which is suitable and in line with Policy 4 of Circular 3/91. The applicant has provided examples of such building styles in the area and it is taken to be a suitable design approach generally. The rectangular plan form and two storey height follows the guidance set out in Policy 3 of Circular 3/91.
7.12 The proposed dwelling is traditional in its design and character and the proposals are considered to represent betterment in terms of the character and appearance of built form on the site. The increase in floor area is also considered to be justified in that the new dwelling will be thermally efficient and the design incorporates sustainable design features that will reduce the use and associated impact of a larger dwelling on the climate. The replacement garage is larger but of a suitable appearance and siting. Having regard to these matters, there is support for the development as proposed.
7.13 In regard to the extended domestic curtilage proposed, the site is designated on the Area Plan for the East as not being for any particular use or purpose and is within the countryside. As such, there is a general presumption against development as set out in General Policy 3.
7.14 Additional protection to the countryside is provided by Environment Policy 1. This states that "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." Environment Policy 1 therefore establishes that development will not be permitted if it would adversely affect the countryside."
7.15 The extended curtilage and its use would be visible from outside of the site but the property is in close proximity to other dwellinghouses, some of which have gardens much larger than that proposed. It is noted that the ground is laid to grass and there is no physical boundary between the land and the recognised curtilage of the dwelling. As such, the two already read as being intrinsically linked from within the site and surrounding area. The change of use of the land will not give rise to any significant adverse impact upon the character or appearance of the landscape. It is considered that with additional soft landscape planting the visual impact of the larger dwellinghouse and garden can be softened and mitigated.
8.0 CONCLUSION
8.1 The application will provide a betterment to the existing dwellinghouse on the site and is considered to be of an acceptable design, scale and appearance. The extended curtilage
8.2 The proposals respect the site and surroundings in terms of the siting, layout, scale, form, design of buildings and the spaces around them. The proposals will not harm the character of the surrounding landscape or townscape and comply with General Policy 2 (b) & (c). Furthermore, while the proposals will result in a larger dwelling on the site, the design and appearance is considered to result in an enhancement to the site and its landscape setting such that the proposals are justified and in accordance with Housing Policy 14. Finally, the proposal would not adversely affect the countryside or harm the character and quality of the landscape complying with Environment Policies 1 and 2 of the Isle of Man Strategic Plan 2016.
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9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o Applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
9.5 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 the Right to Appeal. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Permitted... Committee Meeting Date:...10.02.2025
Signed : Russell Williams Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.
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PLANNING COMMITTEE DECISION 10.02.2025
Application No. :
24/90954/B Applicant : Mr Benjamin Dunderdale Proposal : Erection of a replacement dwelling, extension to garage and increase in residential curtilage Site Address : Thie Ny Crossag (Formerly Glen Mona Bungalow) And Part Field 624282 Glen Mona Loop Road Glen Mona Ramsey Isle Of Man IM7 1HG
Planning Officer : Russell Williams Presenting Officer As above
Addendum to the Officer’s Report
The Committee unanimously accepted the recommendation of the Case Officer subject to the amended wording of conditions 2 and 7 as below:
Condition 2 -
No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of the retention of existing landscaping and new planting showing, type, size and position of each. 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. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Reason: To ensure the provision of an appropriate landscape setting to the development.
Condition 7 -
Within 3 months of the completion and first occupation of the new dwelling, the existing dwelling on site shall be demolished and all industrial waste materials removed from the site.
Reason: To prevent the creation of an additional dwelling on the site which would be contrary to planning policy and in order to safeguard the countryside for its own sake.
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