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16 September 2014 14/00756/B Page 1 of 7 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/00756/B Applicant : Mr Paul McAneney Proposal : Erection of a detached replacement dwelling with associated parking Site Address : Scacafell Clenagh Road Sulby Isle Of Man IM7 3AD

Case Officer : Mr Chris Balmer Photo Taken : 08.07.2014 Site Visit : 08.07.2014 Expected Decision Level :

Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE REPLACEMENT DWELLING IS NOT ON THE FOOTPRINT OF THE EXISTING NOR OF A VERNACULAR COTTAGE DESIGN

1.0 THE SITE 1.1 The application site represents the residential curtilage of Scacafell, situated along the western side of the Clenagh Road which runs from Sulby Village to Sandygate Crossroads. The site is relatively flat nature and consequently the existing dwelling ground level is similar to road level.

1.2 The existing dwelling is a traditional single storey cottage, with a central porch flanked by single windows. The property is finished with painted render, and a slate roof. A single storey rear/side flat roofed extension has also been constructed also in painted render.

1.3 The existing dwelling has attached to it a fairly large garden which extends to the west. Vehicular and pedestrian access is currently provided in the eastern corner of the site onto the Clenagh Road.

2.0 THE PROPOSAL 2.1 This application seeks approval for the erection of a detached replacement dwelling with associated parking to the rear.

2.2 The replacement dwelling would be sited further west of the existing dwelling, so only on a small section of the proposed footprint would be sited on the existing footprint, being set back 15.5 metres from the Clenagh Road, rather than the existing dwelling which is 7 metres form the Clenagh Road. The design of the dwelling is site specific taking into account both the path of the natural sun and the attractive private lower garden areas, located to the west of the proposed site.

2.3 Whilst the proposed single storey replacement dwelling would have traditional elements in its design, it does not typify a Manx farm house design or Manx cottage design which is generally found within the countryside. The applicants have advised the design has followed the lines of Planning Circular 3/91 which indicated that "The typical dwelling takes the form of a double cube volume topped by a steep pitch roof with gable ends" and also quotes "approximate 45 degree roof form". The proposed replacement dwelling has been

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16 September 2014 14/00756/B Page 2 of 7 designed with 40 degree roof pitches to all roof slopes. The proposal would have a central porch flanked by windows either side, similar to the existing cottage. The applicants have also referred to converted chapels and churches when designing the proposal. Accordingly, the front and gable elevation would have traditional forms and proportions. The rear elevation is perhaps more contemporary, with a large glazed gable projecting end with an overhanging roof, which assists with solar gain during the hot summer months.

2.4 The dwelling would be finished with a mixture of traditional laid Manx stone and painted render, whilst the roof finish would be natural slate. The windows would be finished in either timber or composite dark grey aluminium. All the windows would be sliding sash, with the exception of the rear large gable end window above the patio doors.

2.5 The property would utilise the existing vehicular access to serve the property, which would accommodate at least two off road parking spaces to the rear of the property.

2.6 A green house and an outbuilding both located to the rear garden of the property, and which run along the northern boundary of the site, are proposed to be removed.

3.0 PLANNING STATUS 3.1 The application site is located within an area identified as being as being of open space under the Isle of Man Development Order 1982.

3.2 Within the Isle of Man Strategic Plan 2007, the following policies are considered relevant:

3.3 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

3.4 General Policy 3, which states: "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."

3.5 Housing Policy 14, which 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

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16 September 2014 14/00756/B Page 3 of 7 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.

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 PLANNING HISTORY 4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.

5.0 REPRESENTATIONS 5.1 Highway Services does not oppose this application subject to the imposition of the following condition: "Nothing must be planted, erected or allowed to remain within the visibility splay that exceeds or may exceed one metre in height.

The applicant shall contact the Network Operations Section of the Department of Infrastructure prior to carrying out any works within the highway, including the installation of dropped kerbs. Telephone 686665". (This is not a planning consideration and cannot be a condition.)

5.2 Lezayre Parish Commissioners recommend approval.

6.0 ASSESSMENT 6.1 General Policy 3 sets out that one of the exceptions to the presumption against development in the countryside is "(d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14)". This leads to a requirement to assess whether the demolition and replacement of the dwelling which is the subject of this application is acceptable. The existing dwelling whilst not of poor form, is not of a quality which is considered to be worthy of retention. The applicant has produced further information to support this view. They have stated that the existing dwelling does not comply with Planning Circular 3/91 for a number of reasons listed below: o The general footprint does not take the form of the "basic double cube volume"; o There are no centrally positioned chimneys on the gable ends, current there are two chimneys located down the front and rear roof slopes; o The unsightly flat felt porch is of poor form; o The rear/side outlet again is of poor form, which includes out of proportion window openings and being with a flat roof construction; o All windows are non-traditional casement style windows; and o The main roof is finishes with a fibre/asbestos roof slate.

6.2 The applicants have indicated due to the above reasons and poor internal condition, the existing dwelling is in a poor repair and renovation/extension works are not economically viable, as such it will only Fall further into disrepair. The existing dwelling is at its life end.

6.3 Visiting the site, it was considered the existing dwelling was not of a quality, state of repair and/or a property which significantly adds to the character of the countryside. As such the principle of replacing the existing dwelling is considered acceptable.

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16 September 2014 14/00756/B Page 4 of 7 6.4 With the principle being established, it remains to be assessed whether the proposed replacement dwelling would be acceptable particularly when considered against the requirements of Housing Policy 14. The policy sets out that replacement dwelling in the countryside should be no more than 50% larger in terms of floor area than the dwellings which they replace and should be designed in accordance with Planning Circular 3/91. The applicant draws attention that the second paragraph of Housing Policy 14 which deals with larger replacement dwellings which exceed the recognised 50% ruling, does not comply in this case.

6.5 In this case the existing dwelling has a floor area of approximately 81 square metres, whereas the proposal would have a floor area of 113 square metres which equates to a 40% increase in floor area over the existing property. Accordingly, the proposal would comply with this aspect of the policy.

6.6 The next issue relates to the siting of the proposal as Housing Policy 14 generally requires the new building being sited on the existing footprint. The policy does also indicate that when 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 proposal would not be sited on the existing footprint, but further into the site, away from the highway. It is arguable the result of the proposed dwelling away from the road would reduce the visual appearance of the dwelling from the Clenagh Road. However, a counter argument could be made that the proposal would appear more as a projection into the countryside. However, visiting the site it is considered the latter concern would not occur, given there is already built developments (greenhouse/outbuilding) on the site and neighbouring site which projects further, than the proposal would. Furthermore, it was noted the only aspect the dwelling would be apparent from is the Clenagh Road, when immediately adjacent to the property. There are very limited, if no views at all of the property from the north or south of the site. Accordingly, it being set further back from the road will be beneficial in this instance and help reduce the appearance of the dwelling from the only main view of the property and site. For these reasons it is considered the siting of the dwelling is acceptable and complies with this aspect of Housing Policy 14.

6.7 The final issue relates to the design of the new building, as Housing Policy 14 indicates this should be in accordance with Policies 2-7 of the present Planning Circular 3/91. As outlined within paragraphs 2.3 and 2.4 the proportion, form, appearance, finish and window fenestration are in keeping with the policies of the Circular. A question was originally raised with the applicant's agent regarding the angle of the roof and the subsequent height. As indicated with paragraph 2.3 of this report, they considered this is complying with the Circular. They also indicate that the design of the dwelling was to appear more as a converted chapel, than the traditional Manx cottage and therefore reducing the angle of the roof would have a detrimental impact upon the overall design they were trying to achieve. It is considered this is a fair argument and the roof pitch being 40 degrees does comply with the Circular. Furthermore, the proportion, form and mass of the property, whilst greater than the existing, it is considered the proposal would be an improvement over the existing property, both in terms of design but quality of finish. The dwelling would be finished with a natural slate roof, part Manx stone, part rendered walls and timber/ aluminium doors and windows. It is judged that the proposed design and use of materials would be sympathetic to the rural setting.

6.8 The applicants have provided further information to explain the design and where inspiration was take. They indicate that the traditional buildings within Sulby (within 850m of site - Church/Chapel/Parish Hall/School buildings), are generally finished with stone work with sand stone/brick mouldings details, steep pitched roofs and vertically proportioned sliding sash windows, as included within the proposal. Some exist as their original intention, whilst others have been converted into other uses, including dwellings.

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16 September 2014 14/00756/B Page 5 of 7

6.9 The applicants also draw attention to the built environment in the immediate area along the Clenagh Road, which is very varied with both non-traditional and traditional dwellings on both sides of the highway. The applicants indicated that the proposed replacement dwelling provides our client with a site specific design that takes full advantage of the site orientation and shape and also provides a dwelling that meets with more modern day living requirements. Its traditional design will also fit comfortably within the existing built environment and street scene and whilst taking inspiration form the more traditional buildings will provide an overall visual improvement to the area.

6.10 The applicants are correct in their comments that the dwellings found along Clenagh Road are very varied in style, design and finishes. It is considered whilst the existing dwelling adds to this variety, so would the proposed dwelling and in terms of its form, footprint and size will be similar to the existing. However, it is considered the proposal would significantly improve the visual appearance of the street scene and the individual site and of the built development along the Clenagh Road. Planning Circular 3/91, which Housing Policy 14 relates to, makes reference that a traditional replacement should follow the traditional proportions, scale and form of a traditional Manx farm house design/cottage. Accordingly, the new design is not in strict accordance with this aspect of the policy. However, it should be noted that the existing does not either. What the proposal replicates is essentially a new dwelling of similar form, scale, size and design, of the existing, but makes significant improvements.

6.11 Overall, whilst the proposal is not in strict accordance with Planning Circular 3/91, it is considered given the design, scale and form of the existing dwelling, which the proposal would be similar to, and as the quality and finishes of the proposal would be a vast improvement over the existing finishes, it is considered the proposed replacement dwelling would be acceptable. It is considered, whilst not in strict interpretation of Planning Circular 3/91, the environmental and built development improvements to the area also make the proposal appropriate, in keeping and beneficial.

7.0 RECOMMENDATION 7.1 For these reasons the proposals is considered to comply with the relevant polices of the Strategic Plan and therefore recommended for an approval.

8.0 PARTY STATUS 8.1 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.

Recommendation

Recommended Decision:

Permitted

Date of Recommendation:

29.07.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

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16 September 2014 14/00756/B Page 6 of 7 C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

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. 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 3. 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(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Planning Authority.

Reason: To control development in the interests of the amenities of the surrounding area.

C 4. 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 Planning Authority.

Reason: To control development in the interests of the amenities of the surrounding area.

C 5. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees and other existing or proposed landscape areas in positions. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

C 6.

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16 September 2014 14/00756/B Page 7 of 7 Prior to the occupation of the dwelling the existing dwelling is required to be demolished and the area to be lawned as shown on drawing 14 1063/2.

Reason: The building has been exceptionally approved being a replacement of an existing dwelling and its subsequent retention would result in an unwarranted intrusion in the countryside.

C 7. All planting, seeding or turfing comprised in the approved plans must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, 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 8. There shall be no obstruction to visibility greater than 1.05 metres above adjoining road level as shown within the shaded section of the visibility splay indicated on drawing 14 1063/2.

Reason: In the interests of highway safety.

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This approval relates to Drawing nos 14 1063/1, 14 1063/2, 1401063 3 and 01 all received 25th June 2014.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : ...PC... Committee Meeting Date : ...15/9/14...

Signed :...C Balmer... Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO