infrastructure

bun-troggalys

Office of the Minister and Chief Executive

Telephone (01624)685859 Fax (01624)685945 Email: [email protected] Contact: Margaret Clague Our Ref: ITT/MC Your ref: Date: 7th July 2010

Dear Sir/Madam,

ON APPEAL: PA09/2062/B - Mr. Robert Phillips - Demolition of existing buildings and erection of two dwellings with landscaping and vehicular accesses, Sycamore House, The Bungalow, Former Lezayre Tea Rooms, Glen Duff, Lezayre, IM7 2AT

I refer to the recent appeal in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to consider this appeal.

The Minister has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, he has directed that the Planning Committee's decision to grant approval should be confirmed, subject to varying -

• (a) condition 2 such as to ensure demolition of the existing structures prior to the commencement of building operations; and
• (b) condition 4 such as to ensure that the existing car-park is removed and the space landscaped.

Formal notice of this decision is attached.

Yours faithfully,

I. T. Thompson, Chief Executive.

Please see over for circulation list/......

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Circulation List - PA09/2062/B

1. Ranimons Limited, Ballachrink, Grove Mount, Ramsey, IM8 3HP;
2. Mr. R. Phillips, The Bungalow, former Lezayre Tea Rooms, Glen Duff, Lezayre;
3. Lezayre Parish Commissioners, Lezayre Community Hall, Clenagh Road, Sulby, IM7 3AB;
4. Mrs. R. Quirk, Kerrowdhoo, Glen Duff, Ramsey, IM7 2AT;
5. Highways & Traffic Division, DOI, Sea Terminal Buildings;
6. Secretary, Planning Committee;
7. Chairman and Members of the Planning Committee;
8. Secretary, Planning Appeals Inspectorate;
9. Mr. T. O'Hanlon, Treasury;
10. The Editor, Isle of Man Newspapers, Peel Road, Douglas;
11. Manx Radio Newsroom, Douglas Head, Douglas;
12. Mrs. J. Clague, St. Nicholas House, Breeze Hill, Laxey, IM4 7DL;
13. Radio 3FM, 45 Victoria Street, Douglas, IM1 3RS;
14. Energy FM, 100 Market Street, Douglas, IM1 1PH;
15. The Manx Herald, Seacliffe, Old Castletown Road, Ballaveare, Braddan. IM4 1BB.

THE TOWN AND COUNTRY PLANNING ACT 1999

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) ORDER 2005

TO: Ranimons Limited, Ballachrink, Grove Mount, Ramsey, IMB 3HP [Copies as per Circulation List] In pursuance of his powers under the above Act and Order, the MINISTER for Infrastructure, following report by the appointed person, does hereby APPROVE the application by Mr. Robert Phillips - Demolition of existing buildings and erection of two dwellings with landscaping and vehicular accesses, Sycamore House, The Bungalow, Former Lezayre Tea Rooms, Glen Duff, Lezayre, IM7 2AT, subject to compliance with the following conditions:-

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to the demolition of existing buildings and the erection of two dwellings with landscaping and vehicular accesses as proposed in the submitted documents and drawings number RP1 Rev A, RP2, RP3, and RP4 received 18^{\text {th }} December 2009, and unnumbered drawing "Rev B" received 6^{\text {th }} January 2010; the demolition must be completed prior to the commencement of any building operations.
3. No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Planning Authority and these works shall be carried out as approved. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of any of the proposed dwellings hereby permitted. All planting shall be carried out in accordance with the approved details in the first planting and seeding seasons following that first occupation. Any trees or shrubs which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the Planning Authority gives written consent to any variation.
4. The landscaping scheme referred to in condition (3) above must include the blocking up of one of the two entrances within the Eastern plot and the removal of the hardstanding which forms the existing car-park; these works must be carried out, in accordance with the approved scheme, within one month of the "eastern" house first being occupied.
5. The roof(s) must be finished in dark natural slate.

Continued/

Application No. 09/2062 - ON APPEAL Ref: ITT/MC

6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval).

Dated this 7^{\text {th }} day of July 2010.

By Order of the Minister

Murray House, Mount Havelock, Douglas, Isle of Man.

I. T. Thompson, Chief Executive

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.

Report of a written representations appeal by Lezayre Parish Commissioners against the grant of planning approval to Mr R Philips for the erection of two dwellings with landscaping and vehicular accesses at the Former Lezayre Tea Rooms, Glen Duff, Ramsey

The relevant facts and arguments are summarised as follows:

The appeal site and the proposed development

1. The site is the shared curtilage of Sycamore House, The Bungalow and the former Lezayre Tea Rooms located on the north side of the Lezayre Road (A3) some 3 km west of Ramsey. The site is almost directly opposite the Dol Glen Duff highways depot. Sycamore House is two-storeys. The Bungalow is single storey. The two dwellings are linked via the tearooms, which is a single storey flat-roofed structure.
2. The application is for full planning approval. It is proposed to demolish the former tearooms and the two existing dwellings, Sycamore House and The Bungalow, and erect two new 4-bedroom dwellings, provide landscaping and alter the access arrangements. The existing site would be split into two plots and a dwelling would be positioned within each plot. Both dwellings would be two-storeys. Each would have 5 upper storey windows over a central porch. Two windows either side would flank the porch. The dwellings would be 15.3 metres wide and a total depth of 14.1 metres deep (including porch and outshot). The ridge height would be 8.5 metres. The proposed finishes are grey slate roofs, smooth painted rendered walls and raised quoins to the corners of the south facing façades.

Planning history

3. The key approvals are:

PA 84/01202/B extension to restaurant PA 86/00156/B Extension to provide staff accommodation PA 02/01048/A Approval in principle granted on appeal for the erection of dwelling and removal of living accommodation from café

PA 04/02113/B Full approval for a new dwelling with occupancy restriction to the rear of The Bungalow

PA 08/00055/A Approval in principle for the erection of a replacement dwelling and buildings, driveway, access gateways and landscaping

PA 09/00486/LAW Certificate of lawful use of The Bungalow as a separate dwelling

Appeal No: AP 10/0033

Application Ref: 09/02062/B

An application for approval in principle for the demolition of existing dwellings and erection of two detached traditional dwellings with landscaping is pending consideration.

The Case for the Lezayre Commissioners

4. The Commissioners opposed the application on grounds of over-development of the site; proposals not in keeping with other properties in the area; and drainage. The site should be developed as per the original application PA 08/00055/A for a single dwelling (subsequently qualified).

5. At appeal the Commissioners have qualified and enlarged on their concerns the gist of which is as follows:

   • Given the size of the proposed replacements the application should be developed for one property only, not as per application PA 08/00055/A.
   • Over development is cited because two very large properties will replace the existing small properties.
   • The two dwellings will not be sited on the footprint of the existing houses and are vastly in excess of the dwellings to be replaced. The 50% rule should be adhered to.
   • The curtilages extend beyond the curtilages of the existing dwellings.
   • Fields to the rear are susceptible to water logging. The proposals will generate more wastewater from the four bathrooms planned for each property and the current drainage may not be sufficient. Further details of storm water and foul sewerage should be submitted.
   • Will all of the hardstanding be removed and the area landscaped?
   • The entrances are on to the TT course. Has sufficient visibility been provided to allow a safe exit?
   • The proposals do not accord with Planning Circular 3/91. The two houses are styled in a much grander fashion with a large porch that extends to the upper level of the property. The stone copings at the corners are not in keeping with the redbrick corners of the new build in Churchtown. Sycamore House is over 130 years old and the replacement should adhere to the original materials and form.

The Case for the Planning Committee

6. Taking the former tea room buildings into account (105.7 square metres) and the existing dwellings (185 square metres) the proposed scheme would represent an overall percentage increase of 118% over the existing floor area. Therefore, the proposal overall amounts to an increase over the 50% figure for replacement dwellings referred to in Housing Policy 14. However, applying the final paragraph of the policy it is proposed to replace existing dwellings of poor form with dwellings of more traditional character and, due to the set back and siting well below road level, the proposed dwellings would have less visual impact than the existing buildings. The design, proportions, massing and finishes comply with Planning Circular 3/91.

Department of Infrastructure (DoI) Highways Division

7. DoI Highways Division is unopposed to the application, which it states has no traffic management or road safety implications.

The Case for the Applicant

8. The certificate of lawful use 09/00486) established that the site contains two separate dwellings and the application seeks approval for their replacement. The proposed dwellings qualify for exemption from the 50 % rule by meeting the criteria set in Housing Policy 14 (i.e. replacing existing dwellings of poor from with houses of more traditional character; less visual impact). The proposals comply with Circular 3/91 whilst incorporating the necessities of modern living including wheel chair access.
9. Housing Policy 14 allows replacement where changes to the siting and size would result in an overall environmental improvement. Environmental improvement will be achieved by:

• Replacing two unattractive dwellings with two dwelling of Manx design
• Removal of the commercial restaurant and associated diners' car parks, advertising hoardings and menu boards.
• New landscaping to create a hedgerow screen
• Removal of a dilapidated outbuilding and redundant concrete base of a former workshop
• Greater separation from the DoT Highway Depot and salt dome located on the opposite side of the A3 and consequent reduction in current levels of noise, glare and risk of structural damage
• Greater separation from a DAFF protected mature sycamore.

10. In response to the Commissioners' concerns:

• 'Over-development': Two dwellings and a 50 - seat restaurant with associated car parking, servicing and signage are to be replaced with just two policy compliant dwellings. This is not over-development but sustainable redevelopment and an aesthetic improvement.
• 'Out of keeping with other properties in the area': The proposed dwellings mirror the guidance in Planning Circular 3/91 and echo the splendid Ellanbane Farmhouse and other period style houses in the area. The scale and massing are traditional for Manx farmhouses. The design is much more in keeping with Island tradition than other approved developments in the locality, especially the 'gym palace' mansion approved on the site (PA08/00055/A).
• 'The site has poor drainage': The site has never been 'waterlogged' and there are no records of local flooding. In 1999 a general remedial scheme undertaken in conjunction with DoT Works Division and Environmental Health Inspectorate rectified any drainage concerns, as evidenced by the current low water table without which the frequently used bonfire pit would not function. Moreover, the application proposes the replacement of the existing efficient legally compliant septic tank and

Appeal No: AP 10/0033

Application Ref: 09/02062/B

soakaway with two motorised bio-disc Klargester systems complying with European performance standards. The assertion that the two replacement dwellings would generate more wastewater ignores the use of the site for a 50-seater restaurant.

• 'The site should be developed as per the original application PA 08/00055/A for a single dwelling': This ignores the existence of two legal dwellings and contradicts the Commissioners unanimous approval of the certificate of lawful use that established the legality of the second dwelling. It confounds belief that they should prefer the approval for a 'tax exile mansion' to two traditionally designed Manx dwellings.

• Other concerns: The proposal is the replacement within the existing shared curtilage of a residential and commercial property and rezoning does not apply. The existing car parks will be removed and replaced by landscaping and single driveways. Dol Highways Division has no concerns regarding details of the access to the TT course. The proposed stone coping finishes are typical of those in the area.

Independent Inspector's Assessment and Recommendation

11. General Policy 1 of the IoM Strategic Plan 2007 requires the Government as planning authority to have regard to the provisions of the development plan and all other material considerations. Currently the development plan for the area is comprised of the IoM Strategic Plan and the 1982 Development Plan, which provides the detail at the local level.

12. Half of the site lies within "White Land", whilst the other half is within an area of "Woodland" on the 1982 Development Plan. It also lies within a designated Area of High Landscape Value and Scenic Significance. General Policy 3, Environmental Policy 2 and Housing Policy 14 of the Strategic Plan and Planning Circular 3/91 are relevant.

13. As the proposal represents the replacement of two dwellings of habitable status within an existing shared curtilage it accords with General Policy 3, Housing Policy 4 and Housing Policy 12 of the Isle of Man Strategic Plan 2007 and the appeal turns on Housing Policy 14. Essentially, this policy requires that the siting and size of the replacement should be substantially the same as the existing dwelling unless there is an overall environmental improvement. A larger dwelling may be permissible where a dwelling of poor form is replaced by one of more traditional character or where there would be less visual impact by reason of design or siting. Generally, the design should accord with policies 2-7 of Planning Circular 3/91. Draft PPS 02/09 provides landscape guidance and will assist the assessment of individual proposals but it carries little weight until finalised.

14. The combined floorspace of the proposed dwellings is more than twice the floorspace of the existing buildings to be replaced. However, applying the criteria in Housing Policy 14, both the flat-roofed restaurant annex and The Bungalow are of poor architectural form, whereas the design of the proposed dwellings meets policies 2-7 of Planning Circular 3/91 apart perhaps from the two-storey entrance feature. Sited well back from the A3

on lower ground behind strengthened roadside vegetation the proposed dwellings will have less of a visual impact than the existing building complex, which is open to public view not only from A3 but from the car park and public entrance to the restaurant. Since the scheme would replace dwellings of poor form with dwellings of more traditional character and would effect a reduction in visual impact the proposal qualifies on two counts for replacement above the 50 % yardstick in Housing Policy 14. The proposal would also remove the dilapidated outbuilding, restaurant and diners' car parks, advertising hoardings and menu boards, thereby effecting a significant environmental improvement in this area of high landscape value. In addition, to meeting the provisions of Housing Policy 14, therefore, the proposal also satisfies Environmental Policy 2. All in all, I am in no doubt that the proposal accords with the development plan. 15.I now turn to various other material considerations touched on in the Commissioner's representations. It is difficult to conceive how the proposed replacement of the existing building complex including two dwellings, a 50 - seat restaurant, diner's car parking and a dilapidated outbuilding with two family-sized dwellings could be construed as "overdevelopment". In this respect the present proposal also has to be judged against the development approved in principle last year (PA 08/00055/A) the illustrative drawings for which showed a large house, annexes and a glazed enclosure for a swimming pool. Likewise the design of the current proposal bears favourable comparison with the "country mansion" style of the approved scheme and the opulence of the detail, particularly the portico entrance and balustrades. As established by the photographs the proposed houses are in keeping with other properties of similar size in the area. There is no convincing evidence of a drainage problem on the site and the assertion that the replacement dwellings would generate more wastewater ignores the use of the site for a 50 -seat restaurant. 16. I have considered all aspects of the Commissioners' submissions and there are no additional matters that affect the balance of my assessment and recommendation. I conclude that the proposal accords with the development plan and that there are no material planning considerations that warrant the refusal of permission. 17. Recommendation: I recommend that the appeal should fail and that the decision to grant approval for the proposed development should be confirmed with variations to condition 2 to ensure demolition of the existing structures prior to the commencement of building works and to condition 4 to ensure the replacement of the upper car park with landscaping.

G FARRINGTON Independent Inspector

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