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24/91418/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 24/91418/B Applicant : Mr Neil Birchall Proposal Erection of replacement dwelling Site Address Strathallen Main Road Ballabeg Isle Of Man IM9 4LJ
Case Officer :
Russell Williams Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 14.03.2025
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. The development hereby approved shall be undertaken in full accordance with the approved materials and finishes detailed in drwg. no. 24/1605/2A.
Reason: In the interests of the visual amenity of the locality.
C 3. 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 4. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only.
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Reason: In the interests of highway safety.
C 5. The visibility splays identified on DrNo 24/1605/1A shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level.
Reason: In the interests of highway safety.
C 6. The development hereby approved shall not be occupied or operated until the existing access to the property has been permanently stopped up in accordance with DrNo 24/1605/1A.
Reason: In the interests of highway safety.
C 7. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (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 9. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (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 hereby approved without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area
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 and Environment Policies 1 and 2 of the Isle of Man Strategic Plan 2016. The proposed impact upon highway safety is acceptable and complies with General Policy 2(h) and Transport Policy 7.
Plans/Drawings/Information;
This approval relates to the following drawings and documents received 20 December 2024:
24/1605/1A Proposed Site Plan 24/1605/2A Proposed Plans and Elevations 24/1605/3 Existing Site Plan 24/1605/4 Location Plan 24/1605/5 Block Plan Existing 24/1605/6 Block Plan Proposed
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
Arbory and Rushen Commissioners No objection
DOI Highway Services No objection subject to conditions which have been applied __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE 1.1 The site comprises the residential property known as Strathallen, located to the southern side of the A7 to the west of Colby.
1.2 The site is occupied by a detached single storey dwellinghouse that is thought to have been constructed in the mid-20th century. The bungalow is finished in render and cladding to the walls beneath a man-made red slate roof. The dwelling has been unoccupied for a period of time and is in a poor visual condition.
1.3 The dwelling has a floor area of approximately 95sq.m and within the property is a detached outbuilding that would be demolished.
1.4 The site is bounded by stone walls to the road frontage and hedge banks to the garden areas.
1.5 The property is located within an isolated location in open countryside is generally bounded by agricultural land and the A7 highway.
2.0 THE PROPOSAL 2.1 The application seeks planning permission for the erection of a replacement dwelling, demolition of outbuilding and formation of a new vehicular access, with the existing being closed off.
2.2 The proposed dwelling would comprise 2 storey dwelling of a traditional design. It will provide open plan kitchen and dining space, lounge and WC at ground floor. At first floor there will be three bedrooms (1 en-suite) and a family bathroom. The GIA of the new dwelling will be approximately 161 sqm.
2.3 The dwelling is designed to represent a traditional rural cottage found within the Manx countryside. The building will be finished externally in stone and render to the walls, slate roof and "sliding sash uPVC windows. The dwelling will be served by a new air source heat pump.
2.4 The property will be served by a new access off the A7, located northeast of the dwelling, with visibility splays of 2.4m x 43m. A section of the roadside wall will be reduced in height to 1.0m. Space for parking and turning three vehicles is shown on the proposed site plan. Garden areas will be to the south and west of the dwelling, with new landscape planting to the east and west boundaries.
3.0 PLANNING POLICY
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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."
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
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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."
3.8 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
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 23/01120/B - Demolition of a detached dwelling and erection of a replacement detached dwelling with integral garage and associated parking - Refused.
6.0 REPRESENTATIONS 6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
Arbory & Rushen Commissioners - The commissioners noted that the development looks better than the existing property. It is a two-storey replacement of an existing single storey property and therefore a significant expansion of the existing property. The proposed property would be much more visible in the landscape than the existing property. The Commissioners also noted the changed position of the entrance from the main road which may reduce visibility and noted that the property will be hindered during school pick up and drop off times.
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 access and removal of existing access, visibility and site layout are acceptable for the replacement dwelling and the adjacent speed limit of the road. Parking, access removal of existing access, visibility splays and site layout to be conditioned.
Ecosystem Policy Team - No objection subject to condition - soft landscaping condition requested.
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 and highway safety.
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
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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 occupied for three years but rates have been paid until 2024. The supporting statement confirms that the intention has been to renovate the dwelling and that its use has not been deliberately abandoned with no intervening use occurring either. The dwelling is not 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 investment and works to create a thermally efficient building and to upgrade the accommodation within to meet modern living standards. Having regard to the above, the demolition and replacement of the dwellinghouse is acceptable in principle and complies with HP12a.
IMPACT UPON THE CHARACTER AND APPEARANCE OF THE AREA/LANDSCAPE 7.5 There pertinent issue to consider here is the impact of the replacement dwelling upon the landscape.
7.6 The existing dwelling is smaller and more discreet in its visual impact within the immediate area, being single storey in scale. Notwithstanding, there has been no objection to the proposals from local residents or Abory & Rushen Commissions, although the latter has noted how the new dwelling will be more visible in the landscape.
7.7 The previous planning application on this site was refused for 4 reasons, three of which related to the design approach, lack of soft landscape planting and the associated adverse impact upon the character and appearance of the area. The design of that scheme was for a modern, two storey dwelling that failed to follow design guidance for rural housing.
7.8 Regarding the visual impact, the design now proposed offers a traditional approach in place of a mid-20th century bungalow that is of no architectural merit. Other than the depth of the dwelling, the proposals comply with the design guidance set out in Planning Circular 3/91, in particular regarding the form, materials, character and style. The style of dwelling is considered to address the concerns previously raised with the refused 2023 scheme and provides significant betterment in design terms to that proposal. The amended design and finished appearance, together with the new site layout, is considered to address the first two reasons for refusal of the previous application.
7.9 Whilst the application site occupies an isolated position beyond the contiguous built up area of Ballabeg, the development is considered to represent an overall enhancement to the character and appearance of the area. The use of materials are appropriate and soft landscaping is proposed to the site boundaries which once established, will soften the increased visual impact of the taller building. The provision of soft landscaping, which will be conditioned, addresses the third reason for refusal under the previous application.
7.10 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 95sqm and the proposed dwelling is approximately 161sqm, which represents a 63% increase in floor area and conflicts with Housing Policy 14.
7.11 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."
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7.12 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. The design approach complies with Planning Circular 3/91.
7.13 The design of the new dwellinghouse is one of a simple yet traditional rural cottage, 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 rectangular plan form and two storey height follows the guidance set out in Policy 3 of Circular 3/91.
7.14 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. Having regard to these matters, there is support for the development as proposed.
HIGHWAY SAFETY 7.15 The site benefits from an existing vehicular access to the northwest corner of the plot, which previously accessed a garage (now demolished). The existing access has compromised visibility virtue of the boundary wall being up to 1.6m high in places across the road frontage. The application proposes to close off the existing and create a new access into the property to the north east of the plot.
7.16 The previous application was refused, in part, due to concern over the proposed access and lack of clarity over visibility splays. Further design detail has now been provided.
7.17 The proposed access involved reducing the height of the boundary wall and creating visibility splays that exceed those currently available at the existing access. The proposal also includes the provision of 3 parking spaces together with on plot turning, which creates a safer layout to the site than the existing scenario. Vehicles will be able to turn within the site and exit in a forward gear, which they cannot currently do.
7.18 Highway Services have not objected to the proposals and generally the proposed site layout and new access are considered to represent betterment to highway safety. The proposals successfully address the previous reason for refusal in regard to highway safety and the application is considered to comply with General Policy 2(h) and Transport Policy 7.
OTHER MATTERS 7.19 The proposed development will not give rise to any unacceptable impacts upon 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 and successfully addresses the previous reasons for refusal.
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 cause any significant harm the character of the surrounding landscape and comply with Circular 3/91 and General Policy 2 (b) & (c).
8.3 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
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such that the proposals are justified and in accordance with Housing Policy 14 and Environment Policies 1 and 2 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 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:...14.04.2025
Signed : R 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 14.04.2025
Application No. :
24/91418/B Applicant : Mr Neil Birchall Proposal : Erection of replacement dwelling Site Address : Strathallen Main Road Ballabeg Isle Of Man IM9 4LJ
Planning Officer : Russell Williams Presenting Officer As above
Addendum to the Officer’s Report
At the Planning Committee meeting on 14th April 2025, the Case Officer advised the Members that his recommendation should be amended with regard to Condition 3, which needs to be revised to omit a typographical error and include a timescale for planting, to which the Members agreed. The Planning Committee unanimously agreed with the Case Officer's recommendation for approval and amended Condition 3, concluding that the development impacts were acceptable and the proposal complies with relevant planning policies within the Isle of Man Strategic Plan.
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