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Savage & Chadwick Armitage House Lord Street Douglas Isle Of Man IM1 1LE
In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Mr Mark Quirk, Ref 13/00918/A, for the Approval in principle for erection of a dwelling and equestrian centre at Springwaters Ballamodha Straight Ballamodha Ballasalla Isle Of Man IM9 3AZ subject to compliance with the following condition(s) and notes (if any) :
Approval of the details of siting, design, external appearance of the building, internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.
The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.
The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.
Notwithstanding condition 1 above, the elevations of the proposed buildings which face east must be finished in stone, as shown in the submitted drawings.
This approval relates to the principle of the demolition of the buildings on site and their replacement by a new dwelling, staff accommodation and equestrian facilities, and associated garaging, landscaping and new access all as shown in drawings SC1197-P-10-01, 02A, SC1197-P-12-01A, SC1197-P-10-02, SC1197-P-10-03B, SC1197-P-10-04, SC1197-P-1005, SC1197-P-10-06 all received on 31st July, 2013.
The application for the reserved matters must include provision for the blocking off of the access from the site including Close Clark such that all access from the site is through the new access proposed as part of this application onto the A3.
The development hereby approved may be taken up only by the applicant, Mr. Quirk and the first occupation of the house and equestrian facilities hereby approved must be by the applicant described above together with any dependants thereof.
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012, no garage, shed, greenhouse, polytunnel, car port, flagpole or extension to the dwelling may be undertaken without written permission from the planning authority in the form of a planning approval.
Prior to the commencement of any other works on site, the new access, complete with visibility splays of 2.4m by 215m in each direction must be formed and available for use and the existing access from the site to the lane alongside Close Clark must be closed off to vehicular traffic. All construction traffic and occupants and users of the site must thereafter only use the proposed new access as a means of entering and exiting the site.
The equestrian facilities hereby approved may be used only as private facilities incidental to the occupation of the main dwelling, and may not be used by the public or for commercial purposes.
Date of Issue: 17th September 2013
Director of Planning and Building Control
Guidance Note
This decision was made by the Planning Committee in accordance with the authority delegated to it.
This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/
Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.
The proposed development must not be commenced until either:
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]
13/00918/A
| Application No. : | 13 / 00918 / A | | :-- | :-- | | Applicant : | Mr Mark Quirk | | Proposal : | Approval in principle for erection of a dwelling and equestrian | | | centre | | Site Address : | Springwaters | | | Ballamodha Straight | | | Ballamodha | | | Ballasalla | | | Isle Of Man | | | IM9 3AZ |
Case Officer : Miss S E Corlett Photo Taken : 10.04.2013 Site Visit : \quad 10.04 .2013 Expected Decision Level : Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE SITE HAS BEEN THE SUBJECT OF PREVIOUS APPLICATIONS, SOME OF WHICH HAVE BEEN REFUSED AT APPEAL, AND THE PROPOSED DWELLING IS MORE THAN 50% LARGER THAN THE HOUSE(S)TO BE REPLACED
1.1 The site defined in red is an area of land situated to the east of the A3 Foxdale/ Ballamodha Road. The area edged red amounts to around 10 acres of land including an existing house, Springwaters, which is a traditional cottage that has a conservatory which has been added to the front elevation and a single storey side elevation to the west and a single storey flat roofed annex at the rear. The core of the cottage is a vernacular Manx cottage with a basic footprint of 9.4 m by 8 m . The conservatory, side and rear extensions add further floor space, resulting in a total overall floor area of 269 sq m. 1.2 In addition to the main dwelling, there is another small bungalow which has a floor area of around 44 sq m and a block of three garages attached to a former cottage and additional garage. The main dwelling sits a little distance from the other buildings which are grouped together some 10-20m to the north east. A further dwelling, Close Clark lies within the site at the junction of the access lane with the northern spur towards the application site and its other buildings. This has a collection of outbuildings alongside it. 1.3 Access to the buildings is via an existing lane which runs to the south of the buildings from the A3 towards Close Clark. The lane reaches Close Clark then turns either north towards the application site, or south along a public road to The Gate, a small collection of buildings around a crossroads. 1.4 Between Close Clark and the A3 is a field which does not belong to the applicant and which is used to house cattle and horses. There is a collection of buildings on the site stables and a cattle shelter/hay store: planning permission has recently been granted here for a further cattle shelter (PA 12/01694). 1.5 There is no clearly defined residential curtilage visible in association with the existing buildings: there is a planted area with grass and trees to the north west and west of the buildings which have a hard straight edge facing the A3 and which is visible therefrom. To the
east of the buildings appear to be grassed areas with some fencing, an area which looks as if it has been used at some time as a track, approximately 60 m by 50 to the north east of the garage block. 1.6 Along with the land defined in red, additional land is defined in blue, indicating that it is within the ownership or control of the applicant, extending the site to around 34 acres.
2.1 Proposed is the principle of the replacement of all of the existing buildings on the site, including Close Clark (which was to be retained in the previous applications) and their replacement with a new principal dwelling, garaging and equestrian facilities and a replacement for Close Clark as staff accommodation. Drawings have been provided of the proposals and it is clear in the supporting information that the applicant wishes the principle of "an equestrian centre and large house" and wishes to have a main house which has 8 bedrooms, an indoor leisure wing and garaging for 16 classic cars. Whilst the application is in principle, it is clear that the applicant has a clear idea of what sort of scale and type of development he desires and as such, significant regard will be had to the submitted drawings in terms of the scale and nature of development proposed, even though the application is in principle only. The application differs from that submitted most recently (see Planning History) in that whilst the house, garaging and equestrian facilities are the same scale and footprint as proposed previously, the house is now moved back within the existing residential curtilage, the proposal is to remove the Close Clark buildings, the equestrian facilities are further east than previously shown and there is a new dwelling(s) to replace Close Clark, but behind the proposed equestrian facilities and for staff accommodation. The residential curtilage is no longer being expanded, there is no lake or domestic development further east than is previously the case (in fact the built residential development is further west back into the site than is the case currently). 2.2 There is to be a detached garage block which is shown to be further towards the road than the existing house, the principal dwelling and further attached garaging is to be located roughly where the existing dwelling is sited and all to the roadward side of the existing lane which runs through the site, to the east of which lie Close Clark and its outbuildings and the outbuildings associated with the existing dwelling. It is these dwellings which are visible from the longer view towards St. Mark's. Existing trees are to be removed between the current Springwaters and Close Clark buildings and new trees planted to the west and north of the new principal dwelling. The new dwelling will have a backdrop of existing conifers which are to be retained. An existing overhead run of electricity line is to be undergrounded. The access through Close Clark is to be blocked off and all site traffic directed through the new access onto the A3. 2.3 The house as shown has a floor area of 1526 sq m including 266 sq m of "leisure" space and is between 8.5 m and 10.5 m in height. The building is to be finished in stonework with what looks like a slated roof which has rooflights within it: the depth of the dwelling and its height would suggest that there would be sufficient headroom in the roofspace to provide additional accommodation. The garaging proposed represents around 216 sq m attached to the dwelling and a further 200 sq m in a detached structure to the south of the dwelling. The proposed dwelling represents an increase in floor area of 467 % over and above the existing. 2.4 Also proposed is the creation of an equestrian facility for use by the applicant and his family only, which incorporates a building which is shown as being around 75 m in length and between 13 m and 21 m wide and between 8 m and 11 m in height, finished in stonework and sheeted roofing which will accommodate an indoor arena and stabling with an outdoor manege in front (to the east). The development will also include the drainage and re-profiling of the grazing land to turn what is presently scrub to fenced, useful pastures.
2.5 The application also includes proposals for the creation of a new access onto the A3 some 230 m north of the existing lane and some 50 m north of the entrance to Bay View Farm on the western side of the road. The visibility splays of 2 m by 215 m are provided through the reprofiling of the existing roadside hedges which already sit back around 1.5 m from the carriageway. These are not within the red or blue areas defined on the location plan but the applicant indicates that he has a right of access over the neighbouring land and now has a right over land within the visibility splay which was not available to the previous applicant. The re-profiling will involve the slight cutting back of the front of the hedge and building up of the rear section with the removal of existing roadside bushes. 2.6 The supporting information provided with the application explains that the applicant would like to return to the Isle of Man to live and to relocate "significant portions of his business, which is conducted on a global scale". It refers to the previous application, PA 09/01803, which in turn mentions "high net worth individuals" and the then lack of policy support for such developments. The applicant points out that since then the Department has issued a draft Circular, Planning and the Economy, on which they suggest the application should be judged. 2.7 They explain that the applicant has considered other sites with the prerequisite that he needs at least 20 acres to support his equestrian development, and has looked particularly at the draft Southern Area plans and the various sites which were identified in one of the initial drafts as being suitable as sites for Low Density Housing in Parkland, a designation introduced in the Isle of Man Planning Scheme (Development Plan) Order 1982. The inspector considering the Southern Area Plan dismissed this concept as something which should be considered as part of an area plan, preferring that such an exercise should be an Island-wide one: "I suggest that solely for consistency purposes, the Area Plan retain the existing LDHP designations, but not to contain any additional LDHP sites. That would mean amendment to Appendix 4 to delete Proposed LDHP sites, as well as an explanation within the text of Chapter 4 to explain that the issue of LDHP sites and accommodation for "high net worth individuals" should be the subject of a transparent debate and assessment as part of the Review of the Strategic Plan. Unless this process is adopted, there would be the situation whereby the LDHP provision of this Area Plan would apply to one part of the Island and the 1982 Development Order and Circular 8/89 would apply to the remaining areas" (paragraph 4.27). 2.8 The Department accepted this general conclusion and did not identify on the proposals map any sites suitable for consideration as Low Density Housing in Parkland. The applicant has investigated those on the original list and indicates that the majority are unavailable. 2.9 The applicant also points out that the site is close to The Isle of Man Airport which is important to him as his business is global and he requires efficient access to London and the international connections therefrom. They consider that the site is not conspicuous and has a backdrop of trees resulting in what they consider is a minimal visual impact from a public perspective. They explain that three dwellings and outbuildings occupy the site currently and will be demolished. 2.10 The applicant also explains that whilst there are properties currently for sale on the Island, which would provide the amount of land required to support his proposed equestrian development, the land associated is already farmed and as such, the proposed equestrian facility would be in contravention of the Strategic Plan policy which requires that the development of equestrian facilities will only be acceptable where there is no loss of high quality agricultural land (EP 20). The application includes a list of six properties which are for sale and reasons for their rejection, including too small a landholding, limited potential for expansion, not an ideal location or the property would require considerable expansion. They
state that the site is not within an area of an Area of High Landscape or Coastal Value and Scenic Significance as referred to in EP20 and that the existing access offers poor visibility but which serves three properties and a storage area for an adjacent property: the proposed new access will remove two of these properties from using this access.
Area Plan for the South 3.0 The site lies outside of any of the settlements within the countryside.
Isle of Man Strategic Plan 'Towards a Sustainable Island' June 2007 3.1 Given the land-use designation, there is a presumption against development as set out in General Policy 3 and Environment Policy 1:
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10) b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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".
Environment 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." 3.2 In addition, Strategic Policy 1 states: "Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services". 3.3 Strategic Policy states 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3". 3.4 Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
3.5 There is specific provision for the replacement of existing dwellings with new residential properties in Housing Policy 14 and the Plan explains the reasoning behind this as follows:
Paragraph 8.12.2 "Extension to properties in the countryside As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside. Care therefore, must be taken to control the size and form extensions to control the size and form of extensions to property in the countryside. In the case of traditional properties, the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be acceptable where these destroy the existing character of the property In the case of nontraditional properties, where these are of poor or unsympathetic appearance, extensions which would increase the impact of the property will generally not be acceptable. It may be preferable to consider the redevelopment of non-traditional dwellings or properties of poor form with buildings of a more traditional style and in these cases, the Department may consider an increase in size of the replacement property over and above the size of the building to be replaced, where improvements to the appearance of the property would justify this."
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 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 generally, 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 which involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design and or siting, there would be less visual impact." 3.6 The Strategic Plan contains policies specifically guiding the development of equestrianrelated facilities as follows:
Environment Policy 19 states: "Development of equestrian activities and buildings will only be accepted in the countryside where there will be as a result of such development no loss in local amenity, no loss of high quality agricultural land (Classes 1 and 2) and where the local highway network can satisfactorily accommodate any increase in traffic (see Environment Policy 14 for interpretation of Class 1 and 2)."
Environment Policy 20 states: "There will be a presumption against large scale equestrian developments, which includes new buildings and external arenas, in areas of an Area of High Landscape or Coastal Value and Scenic Significance unless there are exceptional circumstances to override such a policy."
Environment Policy 21 states: "Buildings for the stabling, shelter or care of horses or other animals will not be permitted in the countryside if they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. Any new buildings
must be designed in form and materials to reflect their specific purpose; in particular cavitywall construction should not be used." 3.7 Previously developed land is referred to in General Policy 3 and by the applicant in the description of their site. This is defined in the Plan as: "Appendix 1: Previously Developed Land Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure. The definition includes defence buildings, but excludes,
3.8 The Area Plan for the South includes reference to the draft Planning Policy Statement on Landscape Character Assessment. This identifies the site as within a much wider area of Incised Slopes where the following advice is given: "Overall Strategy 7.14 The overall strategy for the protection and enhancement of the Incised Slopes Landscape Character Type is to conserve and enhance: the remote and rural character; the relatively sparse settlement pattern of traditional hamlets and scattered farm buildings; the network of sunken and enclosed rural roads; and the substantial hedgerows and sod banks dividing irregularly-shaped pastoral fields." 7.15 The Landscape Character Policy Strategy that will be applied in relation to the protection and enhancement of the Incised Slopes is as follows: "Landscape Character Policy Statement 4: Approach routes, key views, and gateways to settlements within these landscapes should be enhanced. New farm buildings must not compromise the pattern and scale of farmsteads across the undulating Incised Slopes landscapes. New development must be located so that it avoids the suburbanisation of river valleys and stream corridors.
D Incised Inland Slopes Key Views 7.16 When assessing the impact of development or forming proposals for the Area Plans consideration will be given to the following key views...
D14 Ballamodha and St Mark's
DRAFT PLANNING POLICY STATEMENT ON PLANNING AND THE ECONOMY 3.10 The Department published a draft PPS on Planning and the Economy in February 2012. Various submissions were made and have been considered by the Department but as yet no further revised draft has been issued and the PPS has not been adopted. 3.11 The document states that the Government "is committed to promoting a strong, stable and productive economy that aim to bring jobs and prosperity for all" and that the Government is committed to continue to deliver further economic growth and diversification (paragraph 1). It states that the planning system should make appropriate provision for the identified national needs of the entire economy and assists in steering economic development to the most appropriate locations and that the economy should not be constrained by a shortage of land for economic development uses. It states that there is a general presumption in favour of development and that proposals will be considered on their merits bearing in mind the Development Plan and the need to protect the island's unique character, natural environment and quality of life (paragraph 4). 3.12 The draft PPS draws attention to the Town and Country Planning Act 1999 which states that in dealing with applications for planning approval, the Department should have regard to the provisions of the development plan as far as it is material to the application, such other considerations as are material to the application and all other material considerations. The draft PPS provides guidance in relation to this, that "the Department will seek proposals to be supported by evidence that demonstrates that the proposed development would secure sustainable long term economic growth of Island wide benefit, which meets the wider objectives of sustainable development by weighing market and other economic matters alongside environmental and social costs and benefits" (paragraph 5). 3.13 The draft PPS defines economic development as "the development of land and buildings for activities that generate wealth, jobs and incomes. Economic land development land uses include: the traditional employment land uses (offices, research and development, industry and warehousing) as well as retail, leisure and public services" (paragraph 6). 3.14 The draft PPS advises that if development proposals are outside of areas designated for that type of development, "it must be demonstrated that alternative sites have been considered and rejected as not appropriate for the proposed use" (paragraph 7) but that wherever possible, the planning system should seek to promote economic development, as defined in the Planning Policy Statement, to facilitate regeneration and promote social and environmental stability. 3.15 It refers specifically to housing development, stating, "Although for planning purposes, it is not defined as economic development, it is recognised that house building and construction do play a valuable role in the economy." It then goes on in paragraph 10 to recognise that housing development can often deliver environmental and social benefits, can attract entrepreneurs who will invest in the Isle of Man economy and encourages the planning system to work with the Department of Economic Development and other Government Departments to identify opportunities for future investment to deliver economic objectives. It identifies an importance for Planning Officers, the Planning Committee and Inspectors to adopt a "positive and constructive approach" in determining planning applications for economic development, taking account of advice on the indicated economic benefits of such development alongside social and environmental issues" (paragraph 11). It advises that potential applicants should liaise with Department of Economic Development prior to submitting any planning application for development to ensure that the economic benefits associated with a proposal are clearly demonstrated and assessed, enabling adequate consideration to be given to economic matters along with social and environmental issues in the decision making process (paragraph 12). The applicant and his architect have had a number of meetings with various officers of Department of Economic Development and the Planning Office prior to submitting this application.
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