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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 23/00799/B Applicant : Mr Richard Kelly Proposal Demolish existing house and construct a replacement dwelling including new vehicular access for associated parking Site Address Eskadale King Edward Road Onchan Isle Of Man IM4 6AB
Case Officer :
Mr Chris Balmer Photo Taken :
06.10.2023 Site Visit :
06.10.2023 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 16.02.2024
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. 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 Department.
Reason: To control development in the interests of the amenities of the surrounding area.
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 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 Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C 4. 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 (300/021a). 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.
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Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 5. The garage hereby approved shall at all times be made available for the parking of private motor vehicles(s) and shall be retained available for such use.
Reason: To provide adequate off-street parking.
C 6. 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 7. No retained 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 building for its permitted use, other than in accordance with the approved plans and particulars. 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 trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
C 8. Prior to the commencement of the development hereby approved, the protective measures detailed in the Existing site plan (Drawing number 300/002), prepared Wilson Consulting and submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process.
Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
C 9. No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details.
Reason: To provide adequate safeguards for the bats.
C 10. The visibility splay(s) identified on drawing 300/020a; 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 11. Notwithstanding the details of the non-fossil fuel energy/heating systems as shown on drawing 300/020a, prior to the commencement of any works detailed drawing/s showing the
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location of any external non-fossil fuel energy/heating systems shall be submitted to and approved in writing by the Department, including specifications of such systems and these approved systems shall be completed prior to the occupation of the dwelling and retained thereafter.
Reason: To ensure compliance with the Climate Change Act
C 12. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 13. Prior to the occupation of the dwelling the Flood Risk Assessment findings and conclusion as outlined in Section 10 and drawing 100 (BB Consulting) shall be fully adhered to and retained thereafter.
Reason: In the interest of flood risk.
This application has been recommended for approval for the following reason. It is considered the proposal would be acceptable, having no adverse impacts upon private or public amenities and complying with Environment Policy 1, HP12 & HP14 of the Isle of Man Strategic Plan 2016 and Area Plan for the East 2020.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers all received;
12.07.2023 300/001 300/002 300/003 300/010 300/011 300/012 300/022 300/023 Design Statement CGI photomontages:- Existing public view from North Proposed public view from North Existing public view from South Proposed public view from South Proposed private view from within garden
22.12.2023 Flood Risk Assessment
08.01.2024 300/020a 300/021a
30.01.2024 100 (BB Consulting) __
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Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions these do relate to planning considerations:
Flood Management Division (DOI) __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF HEAD OF DEVELOPMENT MANAGEMENT
1.0 SITE 1.1 The application site is the residential curtilage of Eskadale, a two storey detached dwelling located on the western side of King Edward Road in Lonan/Onchan.
1.2 Immediately to the east boundary of the application site is the Manx Electric Railway lines which runs parallel to the eastern boundary of the site. To the north and west of the site is Bibaloe Beg Road which joins the A2 further west of the site. Along Bibaloe Beg Road are a handful of detached dwellings and a large farm holding.
1.3 The application site dwelling is bounded by hedging and mature trees on all sides. Travelling along King Edward Road the existing dwelling is visible, albeit only the upper floor of the property and only in part given the vegetation which runs along the boundaries of the site. The northern elevations of the property are more public visible being apparent from the Bibaloe Beg Road, as the dwelling northern elevations runs immediately along or near to the Bibaloe Beg Road.
1.4 The application site dwelling follows a similar form of a 'Arts and Craft' property incorporating a mixture of non-traditional materials incorporated in a mock Tudor boarding at upper floors, red brickwork at lower levels, including the use of decorative stonework and sandstone in places at ground floor level. The roof of the main dwelling is finished in a diamond shaped red roof tile. Additions have been undertaken in the past including an attached rear single storey garage (northern elevation) which has a painted render finish and slate roof and an uPVC conservatory to the west elevation.
1.5 A watercourse runs from the northern boundary of the site, parallel with the eastern boundary of the site to the southernmost boundary of the site.
2.0 PROPOSAL 2.1 This application seeks approval for the demolition of an existing house and construct a replacement dwelling including new vehicular access for associated parking.
2.2 The proposed new dwelling would be a two storey dwelling. The dwelling would have a flat roof, rectangular in form with a very contemporary style, with a mixture of external finishes; including painted white/dark grey render, natural stone, vertical/horizontal timber cladding, timber frame projecting 150mm from walls, dark grey frame to windows, frameless glass balustrade and timber doors and garage door.
2.3 The existing dwelling (Eskadale) has an overall area of 256m2set over two storeys (7m in height). The residential curtilage of the property equates to approximately of 0.71 hectares (1.76 acres), that is relatively flat and is surrounded by mature trees, with an open aspect from the house to the central garden area to the south.
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2.4 The applicants agents has outlined the development brief of the proposed development;
"The Brief from the Applicant was relatively straightforward, with the principal parameters being:- a) The house needs to be extremely energy efficient, specifically having very high levels of thermal insulation and low levels of air leakage, to maximise the opportunities to use of renewable energy sources b) It must take full advantage of the mature, south-facing, garden, and capture natural light throughout, whilst protecting the existing trees, none of which should be removed as a consequence of the proposals c) The house must sit comfortably in its context, blending in with its rural Manx surroundings, rather than standing out d) The individual rooms and spaces within the house, whilst not numerous, need to be spacious e) The external spaces are as important as the internal spaces; the use of both, and moving between them, needs to be as seamless as possible, and there must be a tangible connection to nature"
2.5 The proposed dwelling would be heated by PV solar panels on the roof of the property and Air Source Heat pumps.
3.0 DEPARTMENT POLICIES 3.1 The application site is within an area of Areas Containing Registered Trees not designated for development under the Area Plan for the East 2020. The site is not within a Conservation Area nor is the property Registered.
3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:
3.3 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."
3.4 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(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."
3.5 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
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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."
3.6 Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside
4.0 PLANNING HISTORY 4.1 There are a number of previous planning applications in association with the site; however, only the following is considered relevant in the assessment and determination of this application:
4.2 Erection of a replacement dwelling - 14/01187/B - APPROVED. This application replicated application 09/01722/B. The planning officer at that time commented; "The proposed building would be larger in terms of floor area than the existing dwelling, representing an increase of around 70% and would not represent a traditional dwelling as outlined under Planning Circular 3/91. As such, the acceptability of the proposal needs to be assessed against the second paragraph of the policy. This 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.
It is judged that the proposed dwelling represents a single coherent dwelling, which is considered to be of high quality design. The design of the new dwelling takes account of the style of the existing dwelling and arguably improves upon to create a high quality dwelling that takes influence from the arts and crafts movement."
4.2.1 The Planning Committee accepted the recommendation of the officer and approved the application.
4.3 Erection of a detached garage/store and amendments to vehicular access - 11/00204/B
4.4 Erection of a replacement dwelling - 09/01722/B - APPROVED. The planning officer for this application concluded; "The existing dwelling has had a number of extensions and other alterations that have diluted the quality of its appearance. In that respect the proposed dwelling represents a single coherent dwelling, which is considered to be of high quality design. It takes account of the style of the existing dwelling and arguably improves upon that to create a high quality dwelling that takes clear influence from the arts and crafts movement. Given this is considered that the proposal represents the replacement of an existing dwelling of poor form with one of more traditional character. It is therefore concluded that the proposal is acceptable as exception in accordance with the second paragraph of Housing Policy 14."
4.4.1 The Planning Committee accepted the recommendation of the officer and approved the application.
5.0 REPRESENTATIONS Full detailed comments can be viewed on the planning website. The final comments received are listed below.
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5.1 Garff Commissioners make the following comments (18.09.2023); "A Member expressed concern with the style of the proposed dwelling which they felt was inappropriate for this rural location. It was noted that the visual impact of the building would be mitigated by the current level of vegetation. The consensus reached was that the proposals were acceptable under the terms of HP14. No Objection."
5.2 Highway Services make the following comments (09.01.2024): "Previous Highway response dated 04/08/2023 requested the increase in internal size of the garage to fulfil the MfMR standards. All other aspects were acceptable. The revision provided now match the required standards.
Accordingly, Highways DC have no objection to the proposal. The applicant is advised that a Section 109(A) Highway agreement is required for the creation of an access onto the highway."
5.3 The Ecosystem Policy Officer (DEFA) comments (07.02.2022); "Due to the age, condition and location of this property, immediately adjacent to Groudle Glen Wildlife Site, the Ecosystem Policy Team believe that there is potential for a legally protected bat roost to be present, which would be destroyed by the demolition."
5.3.1 And
"In order to comply with Environment Policy 4 and 5 of the Isle of Man Strategic Plan and the Wildlife Act 1990, the Ecosystem Policy Team request that a preliminary assessment for roosting bats is undertaken on the dwelling by a suitably qualified ecological consultant.
A report detailing the findings of the preliminary assessment and any additional surveys, alongside appropriate avoidance and mitigation measures, to ensure that bats are protected during and after development, should be submitted to Planning prior to determination of the application."
5.4 Manx National Heritage comment (26.4.2023); "The proposed development site is surrounded by trees. It is not clear from the application if any trees are to be removed or what protection is to be put into place in order to protect remaining trees prior to works commencing.
We would ask that a bat survey be undertaken in order to establish if bats are present in the area as some older trees would provide ideal bat roost/maternity sites.
Depending on the time of year we would also ask that a full nesting bird survey be undertaken, also prior to works commencing."
5.5 Inland Fisheries (DEFA) comment (22.08.2023); "I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse. As the proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river.
During a visit to the site it was noted that a watercourse runs through the site, this includes a culvert. Any works on the watercourse or culvert would require a Section 18 consent from DEFA Fisheries."
5.6 Flood Risk Management Division (DOI) comment (14.02.2024); "Should the application be permitted FRM suggest conditioning the findings of the FRA dated 4th December 2023 - in particular section 10."
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5.7 Forestry, Amenity and Lands Directorate (DEFA) comment 09.01.2024; "The information provided shows no trees for removal on the site and there for the directorate does not object to this proposal. As there are existing trees in close proximity to the proposed development we would recommend the following conditions". Two tree related Conditions are listed within condition section of this report.
6.0 ASSESSMENT 6.0.1 The main issues are; the principle of the demolition of the existing dwelling; the potential visual impact of the development upon the landscape; impact upon neighbouring amenities; flood issues and ecology/tree issues.
The principle of the demolition of the existing dwelling 6.1.1 As outline within Housing Policy 12 and for this site, the starting point is to access whether the existing dwelling is of architectural or historic interest and is capable of renovation. It is noted the characteristics of the existing dwelling within section 2.4 of this report, not traditionally Manx in design, rather having a more Arts and Craft design. The property from certain public viewpoints (King Edward Road Bibaloe Beg Road) is an attractive property, albeit in need of repair/maintenance, with only limited visibility of it. However, as outlined in previous planning applications a number of more inappropriate extensions and additions have been undertaken which have "diluted the quality of its appearance". It is also noted that two previous applications to demolish the dwelling have been approved since the adoption of the IOM Strategic Plan. The site is not within a Conservation Area and discussions with the former Registered Building Officer during pre- application discussions confirmed that the building did not warrant registration.
6.1.2 Accordingly, there is currently no new information or policy which are sufficient to go against the proposed previous conclusions of the Department that the dwelling should be retained, rather its replacements is acceptable and comply with HP12.
Potential visual impact of the development upon the landscape and individual dwelling 6.2.1 As outlined within paragraph 2.3 of this report, the existing dwelling is apparent from certain public locations; albeit due to mature landscaping it is well screen from the King Edward Road, which arguably is where the dwelling would be publically view from most; albeit as outlined there are more public views from Bibaloe Beg Road.
6.2.2 In terms of the applicants brief, it is outlined within the planning statement that; "It was immediately apparent from the initial site visit that it would not be possible to accommodate either the Applicant's spatial Brief requirements nor their desire to maximise the use of renewable energy sources within the existing house; it is simply not large enough for the former, and its construction would make the latter unviable, both in terms of impact on the existing house and financially.
However, it was also clear that any replacement dwelling should be located in a similar position to the existing house, to maximise the southerly aspect and views into the extensive garden, as proposed under the Approved Planning Application 14/01187/B; that would also accord with one of the overarching principles of Housing Policy 14, that the replacement dwelling should generally be sited on the footprint of the existing."
6.2.3 The existing property is not Manx vernacular in design or appearance; rather having an "Arts and Craft" appearance. However, it is still relevant to consider HP 14 requires consideration.
6.2.4 In terms of the size increase the proposed replacement dwelling would have a total floor area of approximately 458sqm. This includes the integral double garage 40sqm in size. The existing dwelling has a total floor area of approximately 250sqm. Accordingly, the proposed
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dwelling this equates to a percentage increase of approximately 83%. The proposal is above the generally permitted 50% threshold as stated within HP 14.
6.2.5 For information the replacement dwelling approved under applications PA 14/01187/B & 09/01722/B (both had same replacement dwelling) equated in having a floor area of 440sqm (71% increase). It should be noted between these two approvals was a standalone application PA 11/00204/B for a detached garage/store, which had a floor area of 50sqm. Accordingly, the overall built development on the site would have been greater if the replacement dwelling and detached garage were undertaken, compared to the current application which incorporates the garaging within the dwelling.
6.2.6 The applicant's agent in support of the application in relation to HP 14 comments; "A design was therefore developed based on the previously-Approved footprint of 220m2 so that, like its predecessor, this dwelling would not have any impact on the existing trees. In order to accommodate the spatial requirements of the Brief, the entire building was made two-storey but the dwelling's massing has been substantially reduced when viewed from the primary public viewpoint along King Edward Road, when compared to both the existing and previously approved dwellings. The proposed dwelling has a length along that elevation of 11.8m, and a height of 6.0m, compared to an existing length of 13.4m and height of 7.0m, and the previously-Approved length of 22.0m and height of 9.0m. The reduction in visual impact when comparing the existing and proposed dwellings can be seen in the submitted photomontages that illustrate the existing and proposed views from both the North and South on King Edward Road. Again, this is in accordance with another of the overarching principles of Housing Policy 14, that a replacement dwelling in excess of 50% larger than an existing dwelling may be considered acceptable if, by its design and siting, there would be less visual impact than existing."
6.2.7 Accordingly, the main thrust of the applicants view that the dwelling complies with HP14 is that it would have; "where, by its design or siting, there would be less visual impact.".
6.2.8 From King Edward Road it is agreed this proposal would potentially have "less visual impact" given the reduction in the width of built development (eastern elevation) running parallel along the King Edward Road, given it having a reduced width and reduction in height over the existing dwelling. The increase in the width of the northern (see par 6.2.8) and southern elevation does have the potential to increase the visual impact; albeit, the use of materials and also given the level of mature landscaping, including mature trees to the south and north of the site are such that the dwelling would not be significant apparent from these views. While vegetation can be removed, in this case it is perhaps unlikely given the landscaping forms a natural buffer from the main highway and tram railway lines and therefore offer a barrier against noise and also provides privacy.
6.2.9 Arguably, there is a greater visual impact from the north of the site (Bibaloe Beg Road), given the dwelling's width from this viewpoint is slightly greater than the existing, but mainly as this section of the new dwelling is full two storeys, compared to the existing which was part single and part two storey. It is noted the new dwelling is setback from the Bibaloe Beg Road, which does reduce the potential visual impact, as well as improving highway safety (currently the garage block obstructs views along the highway, being set on a slight bend in the road).
6.2.10 Overall, arguably there will be public views where the dwelling will have less visual impact, while other public views the proposal will have a greater visual impact. Accordingly, any decision maker should be aware of this. A landscaping condition should be attached to any approval for any additional planting that may be added, but also a plan indicating what existing landscaping is to be retained. A condition for the external finishes of the dwelling should also be required.
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6.2.11 HP14 does indicated that permission may be granted for buildings of innovative, modern design where this is of high quality, and would not result in adverse visual impact and in terms of the proportion, form and appearance of the proposal. The proposal is very contemporary in design, with a flat roof and a use of large sections of glazing to the south elevation (garden elevation) and use of a variation of mainly traditional materials, albeit set within the very contemporary design. It is also consider the dwelling is also innovative of a modern design and of high quality.
6.2.12 While more horizontal in overall form, the dwelling has been clearly designed to sit into the site taking account of the views of the large southern gardens within the site, which are open lawned areas which are surrounded by significant woodlands around. The applicants also indicate that the design takes into account of orientation and tracking of the sun, immediate neighbouring properties and existing trees and natural landscaping features on this site.
6.2.13 Housing Policy 14 indicates that the new building should generally be sited on the "footprint" of the existing. In this case the majority of the new dwelling does site on the existing footprint. Overall, the principle of the new footprint is acceptable.
6.2.14 It is also perhaps important to note the variation of designs of properties along this area of King Edwards Road/Groudle Glen. While the number of dwellings is only a handful, they range from Manx vernacular, "Art Deco", "Arts and Craft" and the neighbouring property immediately to the north of the site is a pitched roof timber clad chalet style property with sections of glazing. Accordingly, there is a clear difference in styles of properties; albeit low in number, which is a clear evolution of the properties designs within fairly close proximity to the site. Accordingly, this new contemporary designed dwelling would add to this varied form of development along this area of Kind Edward Road and in keeping with the character of differing of styles. The proposal also needs to ensure it would not adversely affect the countryside as required by EP1. While the proposal is larger than the existing dwelling; it is considered for the reason indicated previously, but also given the high quality design, appropriately pallet of finishes, low profile form, dwellings orientation/siting on the site and the woodland setting of the site (would be retained); the proposal would not adversely affect the countryside and comply with EP1.
6.3 Impact upon neighbouring amenities 6.3.1 The neighbouring property to the north of the site; on the opposite side of the Bibaloe Beg Road, is Riverside Barn, which side gable elevation faces towards the application site. Within this gable elevation are three windows. Accordingly, to the approved drawings for Riverside Barn (PA 10/00337/B) the ground floor are secondary windows serving a primary habitable room (open plan dining/lounger/kitchen) and the third window at the upper floor (void in roof space) again serves this same primary habitable room
6.3.2 In relation to overlooking there are proposed to be seven new windows within the northern elevation of the new dwelling. It should be noted there are currently eight windows within the existing northern elevation, accordingly, there is one less window within the new dwelling. It should be noted that the proposed new seven windows are serving habitable (bedrooms/studio) and non-habitable rooms (en-suite). Arguable this is an improvement over the existing situation, given the existing dwellings windows serve primary habitable rooms (living room, kitchen diner) and also habitable (bedrooms) and no habitable rooms (store, hallway & toilet). Primary habitable rooms are likely to be used more and therefore there is a greater likelihood of potential overlooking form these rooms towards neighbouring properties. The reduction by the proposal will improve this situation in terms of potential overlooking. It is also noted that the majority of these new windows would not have direct views into the neighbouring property widows, given the orientation between the two properties. The closest window within the new dwelling (1st floor bedroom window) are approximately 15m apart to the gable elevation window of Riverside Barn. The windows of the new dwelling within the north elevation will overlook the front driveway of Riverside Barn; albeit this is the existing
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situation, arguably to a greater degree. Furthermore, the front area of Riverside Barn is open in nature and public views from the Bibaloe Beg Road are already achievable.
6.3.3 Overall, it is considered for the reasons outlined, the proposed dwelling would not have an unacceptable impact through overlooking.
6.4 Flood matters 6.4.1 Currently a watercourse runs through the entire length of the site, generally along the eastern boundary of the site. The watercourse is culverted which runs approximately the length of the eastern boundary of the existing dwelling.
6.4.2 The Flood Risk Management Division (FMD) has considered the application and the applicants have submitted details from qualified consultants to deal with the potential issue of flooding.
6.4.3 As outlined in the representation following the submitted information the FMD have no objection to the application.
6.5 Ecology/tree matters 6.5.1 In relation to trees, while there are Registered trees within the site and any others which meet the criteria would require a tree felling licence, the proposal does not seek any tree removal. The design of the dwelling has purposely being sited to ensure existing trees are not damaged/require to be removed. As outline by the Forestry, Amenity and Lands Directorate they have no objection to the application subject to the conditions, which are agreed and are proposed.
6.5.2 Regarding ecology, namely protection of bats, a condition should be attached which require a bat survey be undertaken prior to the demolition of the dwelling and should bat be found appropriate measure be undertaken. Further, should bats be found present on the site/within dwelling then bat boxes should be installed within the site/on new dwelling.
7.0 CONCLUSION 7.1 In conclusion, while the new dwelling has the potential to decrease the visual impact from certain viewpoints, is also has the likelihood of increasing the potential visual impact from certain viewpoints, as outlined within this report. The proposal would result in a larger dwelling than the existing; albeit the design, finishes, lower profile roof/form, siting and the retention of the existing woodland surrounding the majority of the site; all do help to reduce the visual impact of the proposed larger dwelling.
7.1.2 Further, for the reasons indicated within paragraphs 6.2.1 to 6.2.14 of this report, it is considered the proposal would not harm the character or appearance of the site or landscape of the area. This is important as the requirements of Environment Policy 1 which indicate that the countryside should be protect for its own sake and that development that would adversely affect the countryside should not be allowed. From these policies Housing Policy 14 was introduced to help control the re-development of existing sites in the countryside. The pre- amble of HP14 indicates that; "It is important that replacement dwellings should relate closely to the buildings they replace in terms of siting and size, that the resulting visual impact is appropriate for the countryside...". Again it is considered the resulting development would not harm the character and quality of the landscape which is arguable the most important consideration. It is considered the resulting development would result in a well-designed and high quality development which should be supported and encouraged, especially as the visual impacts are not considered significant or adverse.
7.1.3 For the reason indicated within this report, it is considered the proposal would be acceptable, having no adverse impacts upon private or public amenities and complying with
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Environment Policy 1, HP12 & HP14 of the Isle of Man Strategic Plan. It is recommended that the application be approved.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
8.3 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 Interested Person Status. __
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:...26.02.2024
Signed :...C BALMER... 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
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23/00799/B Page 13 of 13
PLANNING COMMITTEE DECISION 26.02.2024
Application No 23/00799/B Applicant Mr Richard Kelly Proposal Demolish existing house and construct a replacement dwelling including new vehicular access for associated parking Site Address Eskadale King Edward Road Onchan Isle Of Man IM4 6AB Principal Planner Mr Chris Balmer Presenting Officer As above Addendum to the Officer Report
The Planning Committee accepted the recommendation and approved the application including the additional condition;
C 14. Prior to the installation of any internal or external lighting to the dwelling hereby approved a detailed strategy for lighting shall be submitted to and approved in writing by the Planning Authority which demonstrates with internal and external lighting and to the potential impacts therefrom including the position, number, type and intensity of lighting throughout the site and any other measures required to mitigate any potential impacts therefrom to ensure protection of bats and shall include a timetable for the implementation of the scheme. The approved scheme shall be fully adhered to and retained thereafter. There shall be no external illumination and no additional lighting of any kind within the building other than that approved within the strategy for lighting.
Reason: To ensure adequate protection of protected species (bats).
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