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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01417/B Applicant : Mr & Mrs Neville & Kim Young Proposal : Demolish and replace existing dwelling, install photovoltaic panels, and landscape and re-wild adjacent land Site Address : Part Field 435254 & Curlew Cottage Scarlett Castletown Isle Of Man IM9 1TB
Planning Officer: Mr Toby Cowell Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 15.03.2024 __
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. 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 all hardsurfacing, 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 3. Prior to the commencement of development, and notwithstanding the details already submitted, a detailed soft landscaping plan shall be submitted to the Department for approval in writing. The landscaping plan shall be implemented in full as per the approved details. Any new planting which is removed, becomes severely damaged or diseased within five years of planting shall be replaced. Replacement planting shall be in accordance with the approved details.
Reason: To ensure the delivery and retention of an appropriate landscaping scheme, in the interests of the visual amenity of the local area and to provide ecological site benefits.
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C 4. The front boundary treatment shown on drwg. no. 299/026 shall be planted at no higher than 1m and thereafter retained and maintained at no higher than 1m in perpetuity.
Reason: In the interests of highway safety.
C 5. The development hereby approved shall not be occupied until the access and parking areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and access of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for parking and turning of vehicles in the interests of highway safety.
C 6. 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 Class 18 - Domestic fuel storage tanks Class 21 - Decking Class 26 - Garage doors
Reason: To control future development on the site.
C 7. The proposed garage hereby approved shall be kept available for parking of private vehicles, the storage of plant and machinery with the running of Curlew Cottage and its surrounding grounds as a domestic dwelling.
Reason: To restrict further development in the countryside.
C 8. The residential curtilage shall be laid out in accordance with plan (299/026) and retained thereafter.
Reason: To prevent further development into the countryside.
N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason. The proposed replacement dwelling is considered to be of a high standard of design and suitably appropriate for this countryside location, without detriment to the visual amenities of the wider landscape. The proposals would allow for a more holistic form of development relative to the current property, whilst largely reducing its visual impact upon the site's
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immediate setting. The development is further complimented by an appropriate landscaping scheme which would improve the site's biodiversity credentials. The proposals are therefore deemed compliant with Strategic Policies 4 and 5, Spatial Policy 5, General Policies 2 and 3, Environment Policies 1 and 2, Housing Policies 12 and 14 and Transport Policies 4 and 7 of the Strategic Plan (2016).
Plans/Drawings/Information;
This approval relates to the following drawings and documents;
299/006 299/007 299/010 299/026 299/027 299/028 299/029 Landscape overview plan Design and planning statement Received 07.12.23
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Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS BROUGHT TO PLANNING COMMITTEE FOR DETERMINATION DUE TO NON-COMPLIANCE WITH THE DEVELOPMENT PLAN
1.0 THE SITE 1.1 The application site is the residential curtilage of a large dwelling house, "Curlew Cottage" Scarlett Road, Castletown. The property sits in an elevated position adjacent the access road that terminates at this property. Beyond this is access to the surrounding agricultural fields that surrounds this property.
1.2 The property is characterised as a rectangle build form at two stories high with the front elevation facing north. The dwelling has seen a number of ad hoc extensions over the years which is seen to include two storey extensions, an integrated double garage with accommodation above; front porch extension and a rear 'sun room'. The roof covering is a concrete tiled pitched roof that is hipped to west and a though (front to back) gable pitched roof to the east. The property is finished in a painted white render throughout with brown upvc used for the windows and doors.
1.3 The nearest neighbouring property is located to the south east (approx. 80m) referred to as Scarlett House. A two storey distinct traditional building that is registered (No.267) that is defined as an exemplar of a raised five bay, double roofed house in a Manx manner with some modern extensions.
1.4 There is also a hard standing parking area to the east that would accommodate two vehicles and a large lawn area surrounding the property and largely biased towards the east elevation. The topography here slops steeply towards the east. 1.5 At the site visit it was observed that the property is visually very prominent when travelling west along Scarlett Road.
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At present the only built structures aside from the main dwelling house are a garden shed adjacent to its west elevation.
2.0 THE PROPOSAL 2.1 Planning permission is sought for the replacement of the existing dwelling with an enlarged, detached modern property incorporating a combination of natural stone classing, vertical and horizontal timber boarding and slate roof tiles, with significant element of glazing across all elevations. The proposals effectively represent a resubmission of the previous and most recent approval (PA 23/00681/B) to extend the previous property, with the resultant dwelling to largely mirror the design, form and appearance of the resultant property if it were to be extended as approved.
2.2 The submitted design statement notes that, following inspection of the existing property in preparation of the submission of a Building Regulations Approval application, it was observed that:
"The inner leaf of the existing cavity wall is built in lightweight thermal block, which was previously not apparent; aside from any of the potential current concerns surrounding aerated concrete, the overarching issue with this being that lightweight thermal block has a much lower structural bearing capacity than standard, dense concrete, blocks.
The overarching impact of this would be that much greater levels of structural intervention would be required to create the Approved design. That, in itself, is not a major concern and could be undertaken, but the cumulative effect of those interventions in relation to the first requirement of the Applicants' Brief, 'that the house needs to be extremely energy efficient, specifically having very high levels of thermal insulation and low levels of air leakage, is. The extent of the interventions would be such that robust detailing at junctions, openings, and where old meets new, would be compromised."
2.3 On this basis, consideration was therefore given to demolishing the existing dwelling and replacing it with a new dwelling that would be much more thermally efficient and airtight, with the obvious long term benefits that that would bring.
2.4 The design statement further notes the following in terms of design and layout in the context of the proposed replacement dwelling:
"Once it was agreed that that would provide a better solution to the original Brief requirements, consideration was given to what other benefits might be achieved with a replacement dwelling.
The primary benefit for the design was that the plan arrangement, whilst essentially the same as the Approved design, could be made much more efficient, with consequential benefits in terms of reduced visual impact. 3
In terms of floor area, the proposed new dwelling is almost 5% smaller than the Approved dwelling and, being more efficiently planned, the East elevation moves 2.8m to the West, and the North elevation 2.2m to the South; when viewed from Scarlett Road, this means that the massing of the dwelling is visually reduced from the existing, as its ridge line is set at the same height as the existing, but the two public-facing elevations physically and visually move further away from the public viewpoint.
As in the previous design, the car parking and ancillary accommodation has been moved to be 'behind' the dwelling from the public viewpoint, and the opportunity has been taken in the re- plan to create both the primary and secondary accesses to the house from this parking area. This, combined with the dwelling being set back from the lane by a further 2.2m (just over 4.0m in total at its narrowest point), allows a sufficient area for soft landscaping along the
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North elevation, as indicated on the Proposed Site Plan, that will further contribute to reducing the visual impact of the dwelling; further, this revised approach for the primary entrance allows the Manx stone wall to be re-established along the lane, where it existed prior to the erection of the existing dwelling, helping to further reduce the visual impact of the proposed dwelling.
So that the occupants have the highest levels of amenity, where possible the habitable accommodation that is to be primarily used on a day-to-day basis is located on the southern elevation, to benefit from maximum natural daylight and sunlight, with extensive rural and coastal views.
The single storey Kitchen/Dining/Living space allows maximum natural light into the two storey entrance hall at First Floor level which, in turn, brings natural daylight and sunlight into the heart of the two storey element of the house and the stair is arranged so that it does not impede the light. That theme is continued in the single storey extension, with a continuous frameless glass rooflight and window not only capturing large amounts of daylight, but also enhancing the view towards, and connection with, the surrounding countryside from the moment the house is entered.
In addition to being a more muted material, the use of natural stone in the Ground Floor walls is intended to reference the existing stone boundary walls to both Curlew Cottage and the adjacent Scarlett House, and further reinforce the visual connection of the house to its rural setting; many of the existing stone walls have already been repaired and rebuilt, where they were damaged.
The south-facing terrace is again positioned to ensure maximum benefit from the sun, and the garage is set to the side of the terrace not only to ensure that it is hidden from public view but, further, to act as a shelter for the terrace from the prevailing wind.
The use of the rill and pond as part of the design of the immediate surroundings to the house is intended to tie the house into the landscape further, by connecting to the water feature proposed within the landscaping proposals, and creating the opportunity for flowing water, aerating the same and maximising benefit for the site's biodiversity."
2.5 In addition to the above, the design statement also notes the following landscaping proposals which are broadly similar to those put forward as part of the previously approved submission:
The area immediately around the house, within the curtilage - this area will be landscaped with hard and soft landscaping in a sympathetic, coastal, style. Plants in the main will be non-native, but appropriate to the landscape, e.g., brachyglottis, stipa grasses, alliums etc., with some small trees, e.g., birch
The transition area - still within the curtilage, the treatment here is 'naturalistic', with natural curves, minimal hard landscaping and appropriate planting for the area, e.g., miscanthus grasses, and native trees, including native fruit trees
The wildlife area - outside the residential curtilage, this area contains entirely native species, appropriate to a coastal wetland environment, as created with 5 the reinstatement of the historic pond adjacent to Scarlett House, e.g. meadowsweet, ragged robin, alder trees, and dogwood, promoting restoration and enhancement of a natural ecosystem
The adjoining field - left as meadow and managed as such.
3.0 PLANNING HISTORY 3.1 23/00681/B - Extend and remodel existing dwelling, install ground mounted photovoltaic panels, change of use to part of agricultural field adjacent to residential curtilage
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to mixed use land to accommodate solar panel array and landscape and re-wilding of adjacent land. Approved.
3.2 12/00999/C - Extension of domestic curtilage, Field 433155 Adjacent to Curlew Cottage. Approved at appeal.
3.3 01/02346/B - Extension to dwelling with integral garage to replace existing garage. Approved.
3.4 00/01179/B - Extension to dwelling. Approved.
3.5 99/00437/B - Extension to dwelling. Approved.
3.6 92/00341/B - Construction of a replacement garage. Approved.
3.7 89/04114/B - Construct conservatory extension. Approved.
4.0 PLANNING POLICY 4.1 The application site is identified on the Area Plan for the South as 'white land' and within an area of countryside that is not designated for development. The dwellinghouse and building are shown outlined on the plan. The site is not within a Conservation Area or at any flood risk from surface water or tidal flooding.
4.2 The land is also linked to Map 2 Landscape Assessment Areas; that identifies site is within an area that is broadly classified undulating lowland Plain and rugged coast - Ref E10 on the landscape constraints plan on the Area plan for the South.
4.3 Within the written statement for the area plan for the south Ref E10; Castletown Bay - "The overall strategy is to conserve the character, quality and distinctiveness of the coastal area with its rich ecological habitats, open and expansive panoramic views, and to conserve the coastal setting of Castletown".
4.4 The site/ area is further noted in F8 "Poyll Vaaish and Scarlett Peninsula; "The overall strategy is to conserve the strong sense of openness throughout the area, with strong field pattern as well as the setting of the numerous archaeological sites and wartime structures within the area".
4.5 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 4a Protection of the setting of registered buildings 4b Protection of the landscape and biodiversity 5 Design and visual impact
Spatial Policy 5 Development in the countryside to be in accordance with General Policy 3
General Policy 2 General Development Considerations 3 Exceptions to development in the countryside
Environment Policy 1 Protection of the countryside 2 Protection of the character of AHLV
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Housing Policy 4 Exceptions to allowing new housing in the countryside 12 Replacement dwellings in the countryside 14 Siting, size and design of replacement dwellings in the countryside
Transport Policy 4 Highways safety 7 Parking
4.6 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.
5.0 REPRESENTATIONS 5.1 Malew Parish Commissioners - No objections (10.01.24)
5.2 Highways Services - Development would have no significant negative impact upon highway safety, network functionality and/or parking providing the front boundary treatment is no higher than 1m from the existing lane level. (15.12.23)
5.3 DEFA Biodiversity - The Ecosystem Policy Team are writing to provide our support to the proposed scheme, which, if landscaped as per the Landscaping Plans, should provide net gain for biodiversity on a property which is currently largely devoid of wildlife features.
Our one concern is that there seems to plans for a clear glass balustrade around the 1st floor terrace. Transparent glass windows/balustrades pose a collision risk to birds when they are in flight and could result in their injury or death. In 2004 the British Trust for Ornithology (BTO) estimated that up to 100 million birds strike glass each year in the UK and this is based on the number of ringed birds found dead near a window. Especially with the plans to include bird boxes on the property and wildlife encouraging landscaping, it's important that measures are put in place to prevent bird strikes. Therefore we request that a condition is secured for no works to commence unless a plan detailing the measures that are to be put in place to prevent bird strikes on the clear glass balustrades, is submitted to Planning and approved in writing. Measures could include use of etching, ultraviolet coatings or decals. Alternatively, the applicants may wish to provide details of these preventative measures prior to the application being determined.
The applicants note that the area immediately around the house will include use of some non- native plants, which is fine, but no Wildlife Act 1990 Schedule 8 invasive non-native plant species, cherry laurel or Rugosa Rose should be used.
The Design Statement with accompanying photographs, indicates that the property is fairly modern and well maintained, meaning the likelihood of roosting bats or nesting birds in the property is low and we do not believe that ecological assessments are required. However, the applicants should make sure to undertake thorough checks for bats and birds prior to building demolition and should any evidence be found then the Ecosystem Policy Team should be contacted for advice on how to proceed. (21.12.23)
The Ecosystem Policy Team can confirm that we are content with the proposed measures to be put in place to prevent bird strikes on the clear glass balustrades, as detailed in the agent's email to Planning dated 22 December 2023. We therefore request that the placement of ultraviolet decals, 10-15cm apart on the clear glass balustrades is secured as a condition on approval. (03.01.24)
5.4 Manx Utilities Authority - no response received at the time of writing.
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6.0 ASSESSMENT 6.1 The site falls within the open countryside and an area not zoned for development within the Area Plan for the East. There is a general presumption again development in the countryside with development to be focussed towards defined settlements in accordance with Spatial Policy 5. Development will only be permitted in the countryside in accordance with the exceptions outlined in General Policy 3, one of which includes 'the replacement of existing rural dwellings'.
6.2 Environment Policy 1 advises that the countryside will be protected for its own sake, and development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms. Environment Policy 2 adds that when considering development in Areas of High Landscape Value (AHLV's), the protection of the character of the landscape will be the most important consideration, unless it can be shown that the development would not harm the character and quality of the landscape, or the location for the development is essential.
6.3 The proposals relate to the replacement of an existing dwelling in the countryside, the principle of which is acceptable in accordance with Housing Policy 12 provided the dwelling has not lost its residential use by abandonment and is or architectural or historic interest and capable of renovation. Neither of these are considered to apply in this case.
6.4 The assessment of the scheme then turns to Housing Policy 14 which states that:
"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 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."
6.5 In this instance, the existing dwelling is noted as comprising a floor area of 241sqm, the replacement dwelling to comprise a total floor area of 367.5sqm; an increase of 52%. Such an uplift in floor area relative to the existing situation is noted to only marginally exceed the 50% threshold typically permitted. In any case, there is provision within the above policy for larger dwellings where these would replace a property of poor form and be of a traditional character, or where the design and sting of the new dwellings would be reduced relative to the existing.
6.6 The proposed dwelling, in terms of its design, built vernacular and materials palette, would not amount to a 'traditional styled' dwelling in accordance with the principles set out in Planning Circular 3/91. Indeed, the design is considered to amount to a modern take upon traditional built vernacular through the use of an uncomplicated roof form and natural stone and cladding for much of the exterior.
6.7 Whilst there is a clear preference for replacement dwellings in the countryside to consist of a more traditional form in line with the principles of Planning Circular 3/91, Housing Policy
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14 does make provision for buildings of an innovative, modern design where this would be of high quality and not result in an adverse visual impact.
6.8 Furthermore, it is noteworthy that an extant permission remains to significantly extend the property, with the resultant dwelling to comprise a total floor area of 385sqm which represents an uplift of 60% over and above the existing. Likewise, the design and form of the consented extensions, and therefore resultant dwelling as approved, is highly similar to the current scheme now presented in terms of layout, scale, design and general vernacular. The current proposals however provide an opportunity to create a more holistic and harmonious form of development, as opposed to the contrasting elements between the existing and proposed which form part of the consented scheme.
6.9 Likewise, the new scheme as proposed would shift the dwelling southward by 2.2m and westward by 2.8m, thereby reducing the visual massing of the dwelling as perceived from public vantage points to the north and north-east.
6.10 Overall, the current proposals would represent a marginally improved and more holistic form of design and layout relative to the extant approval, whilst further amounting to a marginal reduction in footprint and an improved visual relationship within the wider landscape. The proposals are further supported by an indicative landscaping scheme, which are broadly similar to those previously considered as part of the previous scheme but supported by additional information and clarification from the applicant's landscaping consultant. The premise behind the site's landscaping stems from a more domestic, residential garden area immediately adjacent to the dwelling, leading onto a 'transition zone' with minimal hard landscaping and natural curved edging, hedge planting and edging, moving finally to a wildlife area around the existing pond which falls outside of the property's curtilage. The area to the south would remain as an agricultural field.
6.11 No concerns have been raised by Highway Services over the proposals, subject to the front boundary treatment being no greater in height than 1m. This can be suitably conditioned. Likewise, support have also been given from the Ecosystems Policy Officer, with a suitable level of detail having been provided in relation to decals being fixed to the external glass balcony to mitigate against potential bird strikes. Whilst the level of detail provided in relation to the proposed landscaping scheme is noted, with general support provided for its layout and use of species, it is considered necessary that full details in terms of exact species, density and location would be required by way of condition.
6.12 Finally, turning to the impact of the development upon the setting of Scarlett House to the north-east, which is a Registered Building, it is noted that given the distance between the two properties and the intervening change in topography and landscaping with strong high stone walling on the boundary, such proposals are not considered to have any detrimental impact upon the registered building or its setting. Scarlett House is very much read as one entity from the lower proportions of Scarlett Road and the car park and is surrounded with mature trees and landscaping on its boundary, and therefore not necessarily read within the same context. This helps to ensure the setting of the registered building is not affected in accordance with Strategic Policy 4. Likewise, no concerns are raised over the impact of the proposed development upon the residential amenities of this property.
7.0 CONCLUSION 7.1 The proposed replacement dwelling is considered to be of a high standard of design and suitably appropriate for this countryside location, without detriment to the visual amenities of the wider landscape. The proposals would allow for a more holistic form of development relative to the current property, whilst largely reducing its visual impact upon the site's immediate setting. The development is further complimented by an appropriate landscaping scheme which would improve the site's biodiversity credentials. The proposals are therefore deemed compliant with Strategic Policies 4 and 5, Spatial Policy 5, General Policies 2 and 3,
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Environment Policies 1 and 2, Housing Policies 12 and 14 and Transport Policies 4 and 7 of the Strategic Plan (2016). The application is therefore recommended for approval.
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 in Article 6(4) who should 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:...25.03.2024
Signed :...T COWELL... 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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