Officer Report

Application No.: 24/91348/B Applicant: Mr Paul Carey Proposal: Erection of replacement detached dwelling Site Address: Sycamore Cottage Ballaslig Ballacorey Road Andreas Isle Of Man Planning Officer: Russell Williams Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.02.2025 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Within 3 months of the completion and occupation of the new dwelling, the existing dwelling on site shall be demolished and all materials removed from the site.

Reason: To safeguard the countryside for its own safe and to ensure the development does not increase the number of dwellings on the site which would be contrary to policy.

• C 3. The approved landscaping scheme, as shown on Dr No. 23 1780/05, shall be implemented in full as per the approved details within 3 months of the occupation of the new dwelling.

Reason: To ensure the delivery and retention of an appropriate landscaping in the interests of the visual amenity of the locality.

• C 4. The approved biodiversity enhancement measures for bats and birds, as shown on Dr No 23 1780/05, shall be implemented in full within 3 months of the occupation of the new dwelling.

Reason: To ensure the delivery of an appropriate ecological enhancement measures, in the interests of the bats and birds in the locality.

• C 5. No external lighting shall be installed on the site or dwelling unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been

submitted to Planning and approved in writing by the Department. Any lighting shall thereafter be installed and retained in accordance with the approved lighting details.

Reason - To avoid ecological impacts upon bats within the area.

• C 6. 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 dwelling, other than in accordance with the approved plans. 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.

• C 7. 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: The dwelling represents a significant enlargement to the existing, the future extension of which may impact upon the character and appearance of the landscape and thus require further assessment by the Department.

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) and General Policy 3 (d). 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 Policy 1 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to the following drawings and documents received 28 November 2024:

• 23 1780/01 Proposed Ground Floor Plan
• 23 1780/02 Proposed First Floor Plan, Elevations and Sections
• 23 1780/03 Proposed Roof Plan and 3D Visuals
• 23 1780/04 Site Plan
• 23 1780/05 Landscape/Bats/Birds Plan
• 23 1780/06 Site and Location Plans _________________________________________________________________

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection DOI Highways Drainage - No objection

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The application site is located within the wider holding associated with Ballasleig Croft. The holding is approximately 11 acres which is located on the northern side of the Ballacorey Road (C15) which links the Bride Coast Road (A10) with the Andreas Road - 1.2 The holding accommodates some existing buildings including an existing occupied dwelling (Ballasleig Croft), a former dwelling (Sycamore Cottage) which has planning approval for replacement with a dwelling, which has commenced, and a small outbuilding with timber shed behind. - 1.3 The application site is located east of the dwelling known as Ballasleig Croft and comprises the site of a former cottage, bounded in all directions by hedgerow and tree planting.

2.0 THE PROPOSAL - 2.1 The application seeks planning permission for the construction of a replacement dwellinghouse, which will replace the extant planning consent on the site previously commenced under application reference 06/01821/B. - 2.2 The proposed dwelling will comprise of a lounge, ensuite guest bedroom, open plan kitchen/diner, living space and utility with hallways at ground floor. At first floor will be three bedrooms, with one en-suite bathroom and one family bathroom. - 2.3 The dwelling retains a traditional Manx farmhouse approach with more contemporary additions including the flat roof living space to the rear and some areas of larger glazing to the walls. Solar panels are proposed to the southeast elevation of the roof and an air source heat pump is proposed to the north-east elevation. - 2.4 The building will be finished externally in rendered walls, natural roof slates and fibreglass to the flat roof, grey coloured sliding sash windows (uPVC or aluminium) and doors and grey rainwater goods. - 2.5 The overall proposed floor area, measured externally, is 246 sq m compared with approximately 195 sqm as permitted. The increase relates to the inclusion of the rear utility room and rear single storey annex.

3.0 PLANNING POLICY - 3.1 The site lies within an area not designated for any particular purpose on the 1982 Plan. The site is not within a Conservation Area, Area of High Landscape or Coastal Value and Scenic Significance or a Flood Risk Zone. - 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."

3.6 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. 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.

3.7 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.
• 3.8 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 06/01821/B - Erection of a replacement cottage - Sycamore Cottage Field 121847 Ballaslig. Permitted 11 April 2007 and development implemented.

6.0 REPRESENTATIONS - 6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Andreas Parish Commissioners - No comments received. DOI Highway Services - No interest registered.

DOI Highways 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. Recommendation: Applicant should be aware of the clause above.

Ecosystem Policy Team - No objection subject to condition. Detailed comments

• o We welcome the applicants intention to incorporate bird and bat boxes into the new dwelling. As there is to be no tree or habitat removal to facilitate the development installation of these features is viewed as an enhancement for the site. We are therefore not requesting a condition for their installation but would encourage the applicant to do so.
• o The biggest impact as a result of this development could be from the installation of external lighting, if this is proposed, as lighting into the surrounding broadleaved woodland habitat could negatively impact bats. We are therefore requesting a condition for an external lighting plan.
• o Measures should also be put in place during construction to ensure that the boundary trees and habitats are not damaged and we recommend that a construction exclusion area is maintained around the boundary throughout, which includes protection against the stockpiling
• of materials or use of vehicles.

Potential Conditions o No external lighting to be installed unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals

Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to Planning and approved in writing. Reason - To avoid ecological impacts and ensure no net loss for biodiversity on site.

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 the principle of development and the impact upon the countryside. 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 been abandoned as can be seen on site, though it is a fair assessment to conclude that the former cottage is of no architectural or historic interest given its form of construction and finished appearance and materials. - 7.4 Notwithstanding the abandonment of the existing dwelling, the presence of an extant planning permission for the construction of a replacement dwelling is a material consideration to the consideration of the application and principle of development. - 7.5 As can be seen on site and within the supporting documents, application 06/01821/B has been commenced with foundations constructed up to DPC level, although it is noted that no certificate of lawful development has been submitted. The building work was commenced by the former owner and the new owner now wishes to make changes to the approved scheme, rather than complete the extant development. - 7.6 The extant planning permission represents a viable fall-back position against which the new proposal for a replacement dwelling can be justified. The new proposal would be sited over the footprint of the commended development and would therefore form a one-for-one replacement. - 7.7 Having regard to the above, it is considered that the principle of a replacement dwelling is acceptable. IMPACT UPON THE CHARACTER AND APPEARANCE OF THE AREA/LANDSCAPE - 7.8 The application site is located in open countryside, though its position in the landscape relates well to existing buildings at Ballaslig. - 7.9 The site is relatively inconspicuous within the wider landscape and cannot be readily seen from public vantage points, being located some 300m from the nearest public highway. The site is enclosed by high tree and hedgerow planting which will be retained and protected during construction. - 7.10 The proposed dwelling will comprise a 2-storey 4 bedroom home that takes its design queues from a traditional Manx farmhouse, as is required by Policy 3 of Planning Circular 3/91. The design also utilises traditional materials to the walls and roof and window and door

• proportions and positions are well balanced and together with the chimneys, the design comprises a traditional rural form, albeit the first floor window layout would not accord with the design principles of a traditional dwelling and while on balance here it is considered acceptable due to the limited visibility of the proposal it is not something that would be acceptable elsewhere.
• 7.11 The design of the dwelling is similar to the extent permission but incorporates various features that create a contemporary approach to the traditional farmhouse. The dwelling will be reoriented on the site such that the principle elevation now fronts the driveway which is more appropriate and legible.
• 7.12 Regarding Housing Policy 14, it is noted that the replacement dwelling will not be sited on the footprint of the existing dwelling, though the principle of this situation has already been accepted under the extant planning permission. 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.
• 7.13 Housing Policy 14 sets a limitation for any increase in the size of replacement dwellinghouses to 50% of the existing floor area. The extant planning permission has already permitted an increase in the size of the replacement dwelling that goes beyond the 50% limit and such was approved by Planning Committee. This new application proposes to increase the footprint of the new dwelling to 246 sqm compared with approximately 195 sqm as permitted. 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 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."
• 7.14 It is beyond doubt that the existing cottage is of poor form, construction and visual appearance. The proposed replacement dwelling is, however, of a traditional design with contemporary elements as described and it will utilise materials that are characteristic of the Manx countryside.
• 7.15 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 constructed to modern day energy efficiency standards and the design incorporates sustainable design features that will reduce energy use and associated impact of a larger dwelling on the climate. OTHER MATTERS
• 7.16 The proposed development will not give rise to any unacceptable impacts upon highway safety, residential amenity, ecology, flood risk or other matters of recognised planning importance and complies with General Policy 2.

- 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. - 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 Policy 1 of the Isle of Man Strategic Plan 2016.

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 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 : Permitted Date : 25.02.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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