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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00759/B Applicant : Mr & Mrs Stephen & Polly Garrett Proposal : Alterations to previously approved planning application 22/00473/B with a glazed link to modern two storey extension to rear Site Address : Ballamaddrell Cottage Grenaby Road Ballabeg Castletown Isle Of Man IM9 4HD
Planning Officer: Mrs Vanessa Porter Photo Taken : 19.10.2023 Site Visit : 19.10.2023 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: __
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 details provided within this application, no permission is given for a gate(s) to be erected between the access pillars.
Reason: for the interest 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 development shall be undertaken under the following classes of Schedule 1 of the Order at any time:
Class 13 - Greenhouses and polytunnels Class 14 - Extension of dwellinghouse Class 15 - Garden sheds and summer-houses Class 16 - Fences, walls and gates Class 17 - Private garages and car ports
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Class 18 - Domestic Fuel Storage Class 21 - Construction of decking Class 28 - Roof lights Class 29 - Solar Panels
Reason: To control future development on the site.
C 4. Notwithstanding the submitted details, details of all external facing materials including windows, doors and external walls, shall be submitted to and approved in writing by the Department. The development shall not take place other than in accordance with the submitted details.
Any energy efficiency upgrades within the building should be in accordance with the recommendations of Historic England's Guidance to Energy Retrofit of Traditional Buildings
Reason: In the interests of the character and appearance of the site and surrounding area.
C 5. The development hereby approved shall not be occupied or operated until the access/driveway, parking and turning areas have been provided in accordance with the approved plans (Drawing No. 120 Rev A). Such areas shall not be used for any purpose other than for access, 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 the development will not compromise the free flow of traffic or highway safety.
C 6. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved.
Details of the hard landscaping works to include details of landscaping/pedestrian paths to the front of the dwelling, driveways, parking and turning areas, and patio area shall also be provided. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwellings hereby permitted.
All further 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 dwelling, 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 7. No development shall be commenced until an Updated Tree Plan prepared in accordance with the recommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction) has been submitted to and approved in writing by the Department. Such a scheme shall include details of all trees and other planting which are to be retained; a planting specification to include numbers, species and positions of all new trees and shrubs; and a programme of implementation.
Any retained tree which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the
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Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.
Reason: To safeguard the existing trees and planting to be retained within the site.
C 8. Prior to any works commencing on the site, a Precautionary Working Method Statement for lizards, breeding birds and Schedule 8 plants, written by a suitably qualified ecological consultancy, shall be submitted to and approved in writing by the Department.
The statement shall include the provision of a new hibernacula feature for lizards in a sunny spot close to a boundary hedge or wall. The development shall not be carried out other than in accordance with the submitted Method Statement.
Reason: To provide adequate safeguards for the ecological species existing on the site.
This application has been recommended for approval for the following reason. Overall, it is considered the proposal would comply with General Policy 3, Environment Policies 1, 4 and 5, and Housing Policy 13 of the Isle of Man Strategic Plan.
Plans/Drawings/Information; This decision relates to the following plans/drawing/information:
Interested Person Status - Additional Persons
None __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE REGARDED AS NOT COMPLYING FULLY WITH THE STRATEGIC PLAN BUT IT IS RECOMMENDED FOR APPROVAL
THE APPLICATION SITE 1.1 The application site is within the curtilage of Ballamaddrell Cottage, Grenaby Road, Ballabeg which is a two storey traditional cottage situated to the East of Grenaby Road. The property is situated to the Western side of a triangular plot that is at an intersection between Grenaby Road and a diet road, which serves both "Lower Ballavarkish" and "Thie Kella."
1.2 The existing dwelling is currently in poor form and works have been undertaken since the previous application to start removing the overgrown shrubs which were growing within the buildings fabric.
1.3 Works have been done to start the access approved within PA22/00473/B, with slight alterations. The existing pedestrian entrance is located to the southern corner of the plot with access onto the Grenaby Road. The majority of the site is made up of a garden, the boundary is mostly sod bank and walling, which is very open to a public vantage point.
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THE PROPOSAL 2.1 The application seeks approval for reinstatement of the existing dwelling which will include the renovation of the entire existing property and erection of a new two storey extension to the rear elevation with two storey glazed link.
2.2 The proposed works to the existing dwelling include re-rending and painting white to the front, rear and south gable. Re-pointing the original stone north wall so that it is fully exposed. Replacement of the existing roof with slates, any existing slates which can be, will be repurposed. The existing chimney stack will also be re-rendered and painted white to match the existing property. The proposed replacement windows, rainwater goods, fascias and doors are to be powder coated aluminium frames in anthracite grey, with the proposed replacement doors having glazing to the upper half's.
2.3 The proposed glazed link is to be situated to the middle of the rear elevation and is to have a width of approximately 1.355m with a length of approximately 4.3m to ground floor level. To the first floor level the glazed link is flat roofed and is to measure approximately 1.8m to 3.5m in width and approximately 3.8m to 2.4m in length. Attached to the glazed link to the first floor are two dormer extensions one to the main dwelling and one to the proposed two storey extension which are to be clad in aluminium standing seam.
2.4 The proposed two storey element is to situated further south of the dwelling and is to measure 6.175m by 7.793m with an overall height of 6.105m. The ground floor level is to be clad in cedral weatherboard and the first floor level is to be clad in aluminium standing seam cladding.
2.5 The proposal also includes the following;
2.6 A design and access statement has been received as part of the application, which provides reasoning for the specific design chosen, as well as a letter from the applicant. The design and access statement also states that the existing tree and foliage have been felled and tidied up in line with PA23/10018/AIR and suggests that new planting will be planted in line with the previously approved application PA22/00473/B.
2.7 After requesting for the information, a structural inspection and report was provided which is dated as 19th May 2020 which states that the building is in a poor state of repair but is situated of renovation.
2.8 No ecology reports have been received as part of this application.
PLANNING HISTORY 3.1 The following are applications upon the site;
PA20/00060/A - Approval in principle for the erection of a replacement detached dwelling addressing matters of siting, access, internal layout, external appearance and design - REFUSED
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PA22/00473/B - Reinstatement to dwelling, erection of two storey rear extension and rear pitch roof dormer, and alterations (including roof lights, re-rendering, re-roofing, chimney repair, and new window and door installations) - PERMITTED
3.2 It is noted that that Conditions 7 - 10 of PA22/00473/B have been satisfied.
PLANNING POLICY 4.1 The site lies within an area zoned as "Not for Development" upon the Area Plan for the South. The site is not situated within a Conservation Area nor a Flood Risk Zone.
4.2 Given the land zoning of the site and the nature of the development it is relevant to consider the following policies of the Isle of Man Strategic Plan 2016 in the assessment of this application, General Policy 3 in connection with Housing Policy 13, both of which are for the re- establishing of a residential use, Environment Policy 1 for the protection of the countryside, Environment Policy 42 which seeks that new development takes into account the character and identity of the surrounding area and Housing Policy 15 which seeks that the extension or alteration of traditionally styled properties in the countryside will only be accepted when they respect the proportion, form and appearance of the existing dwelling with extensions of over 50% only exceptionally being accepted, General Policy 2 for the general standards towards development, Transport Policy 7 with regards to parking standards, Strategic Policy 3 which requires that proposals should have regard to the use of local materials and character in their design and Strategic Policy 5 which seeks that new development should be designed so as to make a positive contribution to the environment of the Island.
4.3 The above policies are then followed by the following policies; Strategic Policy 1(a) - Make efficient use of land and resources Strategic Policy 2 - Priority for new development to identified towns and villages Strategic Policy 4(b) - Protection of built heritage and landscape conservation Strategic Policy 10 - sustainable transport Spatial Policy 1 - Priority to Douglas for development Spatial Policy 2 - Identified Service Centres for development Spatial Policy 3 - Identifies those Service Villages Spatial Policy 4 - Remaining villages Spatial Policy 5 - Building in defined settlements or GP3 Environment Policy 4 - Wildlife and Nature Conservation Environment Policy 42 - Designed to take into account the character and identity of the streetscene Transport Policy 4 which is regarding Highway safety Infrastructure Policy 5 - water conservation
4.4 Paragraph 8.10 - Conversion of Rural Buildings to Dwellings
4.5 Paragraph 8.11.1 - Replacement Dwellings in the Countryside
4.6 Planning Circular 3/91 - Guide to the residential development in the countryside.
4.7 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summary;
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5.2 Highway Services have considered the application and state that the proposal does not raise any significant road safety or highway network efficiency issues and as such they raise no objection to the proposal. (29.02.24)
5.3 Arbory and Rushen Commissioners have considered the application and are in support. (24.07.23)
5.4 DEFA Fisheries have considered the application and state that they have no objections. (22.08.23)
5.5 DEFA Ecosystems Policy Officer has written to state that they believe the conditions attached to PA22/00473/B regarding ecology should be transferred onto this application if recommended for approval. (21.07.23)
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are;
6.2 PRINCIPLE OF DEVELOPMENT 6.2.1 The starting point for any application is the land zoning, of which it is clear from the Area Plan for the South that the application site is situated within a rural and protected part of the countryside where any development is strictly controlled and the site itself is not allocated for development.
6.2.2 Whilst the above is the case, the application site has been subject to a previously approved application for a similar scheme, the reinstating of the property and a two storey extension to the rear, which has set the acceptable principle of development here
6.3 COMPLIANCE OF HOUSING POLICY 13 6.3.1 With the overall principle being deemed acceptable, it's necessary to determine whether the proposal will comply with Housing Policy 13 which is the most relevant policy for the proposal, which provides parameters for the reinstatement of dwellings which have lost their former residential use by abandonment.
6.3.2 In terms of Housing Policy 13 (a), the material test, seeks that the building is substantially intact, of which this should involve there being at least three walls, standing up to eaves level and that the building is structurally capable of being retained. The agent on behalf of the applicant has provided a structural inspection and report which was provided during the previously approved scheme, PA22/00473/B which is dated 2020. Whilst this date is almost 4 years from the date of writing this report, the information supplied within it is still acceptable, especially when noting that since the initial application above, site clearance has been undertaken upon the property and if there were any issues arising from this, the application would not be requesting the renovation of the site, but some re-building of the existing dwelling, which this application does not request.
6.3.3 The Structural Inspection and Report states that the property is in a poor overall condition, of which whilst the floors and roof need to be replaced, the walls are reasonably straight, true and plumb. There is some cracking which can be seen as longstanding and had
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minor lateral movement, of which modest remedial measure would fix. Overall the report reinforces that the building is substantially intact and capable of being retained. As such from this aspect the proposal complies with this aspect of Housing Policy 13.
6.3.4 The next aspect of Housing Policy 13, is part b) which states that there must be an existing, usable track from the highway. Whilst not brought up during the previously approved application the access proposed within this application, historically would not have been an access for vehicles and was more an access for farm vehicles, as such it was requested from Highway Services that the access was updated to modern standards, whilst this is discussed more below for it's relevant to Housing Policy 13, the access is adjacent to the main road and accessible. As such the proposal from this aspect complies with Housing Policy 13.
6.3.5 The second to last aspect when looking at Housing Policy 13 is c) that there is a supply of fresh potable water and that electricity is available to the site. When looking at the application, apart from the application form which states that the proposal does not require and new or amended gas, electricity, water or telecommunications services, there is nothing else provided to comply with this part of Housing Policy 13. Whilst this is the case, the building is located just East of a small cluster of dwellings, which means that there are services available to the area and it is noted that the property was originally a dwelling abide it's been abandoned, which means that there will be certain services already available to the site. As such it is considered that the proposal complies with this aspect of Housing Policy 13.
6.3.6 The last part of Housing Policy 13, is that "Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space, measured externally, the extension measures less than 50% of that of the original)." Having measured the proposed floor area, not including the link extension and upstairs hall, it can be seen that the proposal is an enlargement of 63% over the original dwelling, which means the proposal is not a subordinate extension to the dwelling and less than 50% of the original. As such from this aspect the proposal does not comply with Housing Policy 13.
6.4 CHARACTER AND APPEARANCE 6.4.1 When accounting for the above, as stated the proposal does not comply with the last part of Housing Policy 13, whilst this is the case, the visual aspect of a site in the context of its surroundings and the overall character and appearance of the site needs to be taken into account.
6.4.2 When looking at the character and appearance of the original dwelling, it can be seen that it is traditional in its appearance as such Housing Policy 15 is applicable when assessing the proposed extension to the dwelling. Housing Policy 15 mirrors the last part of Housing Policy 13, but where Housing Policy 13 states that extensions should measure less than 50% of the original dwelling, Housing Policy 15 states that in exceptional circumstances above 50% extensions can be acceptable.
6.4.3 This can be seen in the previously approved application PA22/00473/B, where an extension which measured 55% above the original dwelling was deemed acceptable due to the proposed extension complying with Planning Circular 3/91, and the mature hedging which would assist the scheme from that application blending into the character of the site and area.
6.4.4 Not only is the proposal deemed within this application 13% over the 50% marker it is also 8% over the approved previous sizing, which in itself is a creeping of sizing.
6.4.5 With the above in mind, the proposal whilst moved more South of the site and away from the main road cannot be deemed subordinate to the main dwelling and would not be seen as subordinate to the main dwelling from any passing vantage point. The main reasoning for this
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is not only the overall size of the structure but the proposed materials which tend to be eye- catching within countryside sites such as this.
6.4.6 Whilst noting the above, the agent states within their design proposal that, "The massing of the modern extension in relation to the original form of the dwelling has been considered at length and positioned in the most efficient way causing the least impact to overall appearance. The shape of the existing roof and the most suitable position for the extension have allowed the introduction of a glazed link. This is to provide crucial headroom at the 1st floor level but to also, maintain a visual break between the original traditionally finished roof and the new modern roof." This is then followed with the following for how the agent deems that the proposal should exceptionally be over 50% of the original floor space, "Whilst over the above advised percentage increase, the space provided has been kept to a minimum as demonstrated with the bedroom sizes, to provide much needed living accommodation for a young local family."
6.4.7 Whilst the reasoning for the proposed extension over the 50% ruling cannot be taken into account with regards to assessing the application under the IOM Strategic Plan, the relation of the proposal in the context of its surroundings can.
6.4.8 There have been over the years, many applications which have been approved and refused for an extension to a dwelling over the 50% ruling, with there being no general ruling on why applications over the 50% are acceptable, with each application being taken on its own merits.
6.4.9 With the proposal within this application, it can clearly be seen that a divide between the original dwelling (the traditional aspect) and the extension (the modern aspect) was an overriding factor to the design of the proposal. When the property is viewed from the West of the site, apart from a slight viewing of the rear extension the proposal will be viewed as a traditional property in the countryside, with the property when viewed from the east being seen as a modern extension.
6.4.10 Paragraph 4.3.11 of the Isle of Man Strategic Plan 2016 states in part, "Whilst wishing to conserve the historic landscape of the Island the Department welcomes new styles of housing as long as they take into account the landscape context and the impact of the amnesties of the area in which they are sited." This is mirrored in Housing Policy 14, which states in part that, "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."
6.4.11 As such modern aspects within the countryside are acceptable, as long as they are of high quality and would not result in an adverse visual impact. In terms of visual impact, the proposed extension will be read separately from the traditional aspect of the main dwelling, which means that the traditional aspect when viewed from the front (West) elevation will be preserved.
6.4.12 There is no doubt that the proposed extension would have a presence within the landscape above and beyond what the existing dwelling does, whilst this is the case, the two storey extension would broadly accord with General Policy 2(b), Environment Policy 42 and Housing Policy 15 in that the proposal will respect the site and its surroundings in terms of layout, form and design, with the modern aspects of the proposal being acceptable for this site due to the separation of the traditional and modern aspects and how this will be viewed within the overall streetscene.
6.5 IMPACT UPON THE COUNTRYSIDE 6.5.1 When assessing whether there would be an impact upon the countryside as per Environment Policy 1, it is noted that the proposal would retain the existing built fabric of the existing dwelling, which whilst not registered is special due to its historic interest. This ensures
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that there is the retention of the Island's built heritage and ultimately will improve the appearance of the overall streetscene.
6.6 RESIDENTIAL AMENITIES FOR FUTURE OCCUPANTS 6.6.1 The internal accommodation of the proposed dwelling consists of kitchen/ dining/ family room, snug, bedroom/ playroom, utility and WC to the ground floor level and three bedrooms, one with ensuite to the second floor. It is considered that the internal accommodation would be an acceptable size, and all primary rooms would have adequate level of outlook and light.
6.7 NEIGHBOURING AMENITY 6.7.1 The site sits separate from neighbouring properties and considered a considerable distance away from the nearest neighbour ("Hawthorns" situated 78m away), as such there are no immediate neighbours that are considered to be impacted by the proposed development. As such, these aspects would be considered to be compliant with General Policy 2 (g).
6.8 IMPACT UPON HIGHWAY SERVICES 6.8.1 Turning towards whether the proposal would have an impact upon Highway Services, whilst not brought up in the previous application, it was noted that the proposed driveway for this property was probably an old history entrance used by farm vehicles only, as such revised information was requested.
6.8.2 Highway Services have assessed the new information and do not raise any issues with the proposal. Whilst this is the case it is noted that the drawings provided do show a gate to the entrance. Having discussed this with Highway Services and the agent on behalf of the applicant, this is not to be installed and a condition should be attached to the application to state this.
6.8.3 With regards to the parking available on the site, the proposal includes a flat roofed car port, which will provide one space with there being enough space upon the proposed driveway for an additional parking space and turning area. As such from this point of view the proposal meets the standards as per Transport Policy 7 in accordance with Appendix 7.
6.9 IMPACT UPON ECOLOGY/ TREES 6.9.1 In terms of the impact upon trees and ecology on the site, it could be seen from the officer's site visit that several trees had already been felled as per PA22/00473/B, with the application showing the site plan as per the condition approval under PA23/10018/AIR.
6.9.2 Whilst the application states that the proposal is in line with PA23/10018/AIR, the trees are not in the same place and there isn't the same amount, as such in line with the comments from Ecology a condition regarding landscaping and tree's to be planted should be re-attached to this application and also to make sure that the hedges planted are native, to make sure that there is a net biodiversity gain.
6.9.3 Turning towards bat and bird boxes, the proposal has shown an integrated bat box to the South facing wall and a universal nesting brick to the North facing wall. Whilst this is a condition which Ecology have requested be transferred from each application, the proposal shows the bat and bird boxes as per PA23/10018/AIR, which was deemed acceptable from Ecology, as such from this point of view the application is deemed acceptable.
CONCLUSION 7.1 Overall, it is considered the proposal would comply with General Policy 3, Environment Policies 1, 4 and 5, and Housing Policy 13 of the Isle of Man Strategic Plan. Therefore, the proposal is recommended for approval.
INTERESTED PERSON STATUS
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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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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: 11.03.2024
Signed : J SINGLETON 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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