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Application No.: 14/01426/B Applicant: Mr David & Mrs Wendy Davies Proposal: Erection of a detached dwelling and garage (comprising amendments to 09/01887/B) Site Address: Keristal Ballanass Road Lower Foxdale Isle of Man IM4 3BE Case Officer : Miss S E Corlett Photo Taken: 30.12.2014 Site Visit: 30.12.2014 Expected Decision Level: Officer Delegation
Officer’s Report THE SITE
1.1 The site is the curtilage of a former and developing new dwelling situated on the northern side of the Ballanass Road which links the A3 Foxdale Road with the Slieau Whallian back road. The site slopes downward from west to east by around 7m over a distance of 63m. The former dwelling sat in the centre of the site towards the roadside boundary. - 1.2 Planning approval was granted for the erection of a replacement dwelling in 2009. Work has commenced on this. The applicant wishes to amend some of the details of the approved scheme. - 1.3 The site is visible from the Ballanass Road only when one approaches and gets to the site from where the proposed dwelling will be clearly visible. From further afield this area is not widely visible, the site being visible only through the infrequent gaps in the roadside hedge, which is otherwise quite high, on the Lhoobs Road on the opposite side of the valley. THE PROPOSAL
2.1 Proposed is the erection of a replacement dwelling on the same site as that approved under 2009. As initially submitted the proposal included an enlargement of the dwelling to the extent that the proposed dwelling would be 1m longer and assymmetrical through the upward extension of the approved single storey side annex. The ridge was to be 17.4m long compared with just under 14m as approved previously and the opportunity was being taken to utilise the subterranean area formed by the building up of the part of the site on which the dwelling is to be built, to create a level platform: the platform itself is roughly the same area. - 2.2 However, following concerns raised about the increased size, taking into account the significant increase permitted with the original approval, the applicant has amended the scheme to proposed a reduced size of dwelling. Now the differences between what has approval and what is proposed are that the underground area beneath the dwelling is to be used as initially proposed, changing very little the outward appearance of the property, and a marginal increase (600mm) in the height of the building. - 2.3 Access and the stables are largely as approved previously.
2.4 The walling which previously supported the dwelling now has windows in the front and side and accommodates a cinema room, garden room and laundry and storage space. PLANNING STATUS AND POLICY
3.1 The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as within an area of High Landscape Value and Scenic Significance. - 3.2 As such, there is a presumption against development as set out in Environment Policies 1 and 2. There is, however, provision for the replacement of existing dwellings as set out in Housing Policy 14. This states the following:
"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 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."
4.1 Planning approval has been granted for the replacement dwelling which has commenced on site, under PA 09/01887/B which followed earlier approvals, 99/02227/B and PA 08/00280/B and an earlier approval in principle, PA 97/02169/A. One application for the details of the replacement dwelling, PA 06/020145/B was refused. Replacement stables have been approved under PAs 98/01981/A, 08/01695/B. Stables were refused under 99/02227/B for reasons relating to the construction. - 4.2 Existing house floor area measured externally - 67 sq m and 4.5m high. The dwelling had traditional proportions for a single storey dwelling, with substantial stacks at each end and an asbestos tiled roof (red). - 4.3 PA 99/02227/B approved a replacement dwelling which had a footprint somewhere in the region of 188% larger than the existing. This took the form of a simple rectangular "quarterland farmhouse" style dwelling positioned with the side gable parallel with the highway. - 4.4 PA 08/0280/B granted approval for a replacement house which had a floor area which was stated as 294% larger than the existing (current measurement suggests it was significantly more than that). The building looks as if it were taller than the previously approved dwelling and there were additions to the front, rear and side. The building was to be finished in stone rather than render and the attic space was to be used as living accommodation. REPRESENTATIONS
5.1 Patrick Parish Commissioners raise no objection to the application (10.02.15.
5.2 Manx Utilities Authority (Electricity) requests that the applicant contact them (19.12.14). This is not a material planning issue. ASSESSMENT
6.1 As planning approval has been granted for the dwelling and work on this has commenced, the relevant considerations in this case are whether the proposed changes to the dwelling result in something which no longer complies with HP14 and/or whether the changes result in any other adverse change. What has been granted permission to date is significantly larger than what formerly existed on the site. Due to the fact that there were never existing floor plans submitted with any of the earlier applications and some are now only on microfiche, it is difficult to be certain of the actual increase in floor area of the approved schemes and that now proposed, compared with the original dwelling. What is clear is that what has approval is several hundred percent larger in floor area, due to the larger footprint and largely to the use of the vertical space under and over the basic footprint, some of which adds to the visual impact of the dwelling, some does not. - 6.2 The changes are largely at ground and sub-ground floor level which are not particularly visible in themselves nor add to the visual impact of the property and arguably make better use of the site, avoiding the addition of above ground level structures and the visual clutter on the site. - 6.3 As such it is not considered that the proposed changes will increase the impact of the replacement dwelling and the application is recommended for approval. PARTY STATUS
7.1 The local authority is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. - 7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d. - 7.3 Manx Utilities Authority does not raise material planning considerations and as such should not be afforded interested person status in this case.
Recommendation Recommended Decision: Permitted Date of Recommendation:
27.02.2015
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
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.
This approval relates to drawings 01 and the land ownership plan both received on 15th December, 2014 and drawings 01, 02 and 03 all received on 30th January, 2015.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : 03.03.2015 Determining officer (delete as appropriate)
Signed :…………………………………….. Signed :……………………………………..
Chris Balmer Senior Planning Officer Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed : Jennifer Chance Jennifer Chance Head of Development Management
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