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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/00975/B Applicant : Raj Chatha Proposal : Erection of a replacement dwelling whilst retaining the front façade of the existing dwelling, including the erection of detached garaging with guest accommodation, gatehouse and landscaping Site Address : Ballaughton Manor Saddle Road Douglas Isle Of Man IM2 1HG

Case Officer : Miss Jennifer Chance Photo Taken :

Site Visit :

Expected Decision Level : Planning Committee

Officer’s Report

THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE AT THE REQUEST OF THE DIRECTOR OF PLANNING AND BUILDING CONTROL

Site 1.1 Ballaughton Manor occupies a site of 7.76 acres in Douglas. The site is surrounded on all its boundaries by other residential development. To the north-west is Harcroft Road, north is Ballaughton Lane, to the south-east is Ballaughton Close and to the south is Ballaughton Meadows. With the exception of Ballaughton Meadows, all the properties that border the application site have relatively small back gardens of between 6m and 9m in depth.

1.2 The applicant also owns two other properties that border the site, Orchard Lodge and Chestnut Lodge.

1.3 The existing house is a Georgian Villa with a symmetrical 5 window over 4 window principal elevation with the end elevation having a rounded bay section and canopied verandah. On the ground floor there are 4 reception rooms (dining room, drawing room, quiet room and billiard room), with a kitchen, utility room, scullery and store. On the lower ground floor are a number of store rooms (coal and wine), and on the first floor there are four bedrooms, 3 of which are on the front elevation, with a study, store room, two bathrooms and some w.c's. Of particular architectural interest is the entrance hall, formal dining room, drawing room and arguably the stairs.

The proposal

2.1 The application seeks to demolish much of the existing house, save for the front elevation and principal rooms to the front of the dwelling, remodel and extend it, to provide for a new manor house. The new house would be primarily square in form, made up of 4 symmetrical elevations (except for a swimming pool) in the same period style as the existing dwelling. The development of the house would necessitate the removal of 7 conifer trees.

2.2 The new house would be some 203% larger than the existing (the existing being @714.7sqm and the proposed being 2167sqm). On the ground floor the existing entrance hall, dining room and drawing room would remain but with the removal of a section of wall between the dining room and hallway. The ground floor would be configured such that there would be a new main entrance and

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lobby leading to a symmetrical curved staircase beyond which would be a large open plan sitting/dining/kitchen room, a library, office, gym, and swimming pool.

2.3 On the lower ground floor would be a cinema room and entertaining space, plus other ancillary rooms such as a laundry room and stores.

2.4 Central to the first floor would be a void around the staircase around which there would be 7 bedrooms with associated en-suites and dressing rooms.

2.5 Also proposed is the construction of a new garage with residential accommodation (intended for family and visitors), a gatehouse and new landscaping.

2.6 The proposed 8 car garage would be located to the rear (NW) of the site and would necessitate the removal of 6 trees (an Ash, Plum, Apple, Beech, Escallania Shrub and a Silber Birch). The garage would also have a gardener's mess/store and be linked to a plant room and store. Above the garage would be two 3 bedroom units which are intended to be guest accommodation. The overall height of the building has been kept low (7m high) by providing these units as accommodation in the roof of the garage.

2.7 A new gatehouse is proposed adjacent to the entrance to the site. It would be a small single bedroom unit in a traditional form.

2.8 The application also includes a hard and soft landscaping scheme and revised entrance details that allow for the turning of vehicles before reaching any gates so cars can turn and exit back onto Saddle Road in a forward direction.

2.9 Other trees to be removed include 10 small Beech trees, 4 Cherries, an Apple, and Rowan and a White Beam, these are as recommended in the arboricultural survey.

Planning History.

3.1 There are no relevant previous planning applications on the application site. The last application to be approved (on appeal) was for the houses at Ballaughton Lane.

3.2 However, when pre-application discussions relating to the potential for development began a few years ago, the property was considered in terms of its potential for registration and in doing so, the Department served a Building Preservation Notice. Such notices prevent a building being demolished or altered without Registered Building Consent, for a period of 4 months, within which time consideration may be given to placing the building on the Protected Buildings Register. After four months, the Notice ceases to have effect.

3.3 The building was subject to a Building Preservation Notice in July of 2013, which applied until November 2013. Despite initial research indicating that from a historic and architectural view the building merited registration it was not taken forward for registration. As the situation now stands, the building could be demolished without any form of planning approval.

The research of the building highlighted the following:

3.4 Ballaughton Manor was first identified in February 1976 in the Interim Report on the 'Listing and Preservation of Buildings of Special Architectural and Historic Interest' produced by the then Local Government Board. Ballaughton Manor was also referred to in John Kitto's 1990 book entitled "Historic Homes of the Isle of Man".

3.5 Ballaughton Manor/House was constructed somewhere between 1826 and 1829 having been designed by Vignolless for Thomas Wulff, following the sale in 1808 of the estate to a Mungo

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Murray (ibid) an individual from a long established Douglas mercantile family. In 1813, Mungo Murray sold a portion of the estate to the Duke of Atholl. The Duke in-turn sold this holding in 1824.

3.6 The 18th century was a pivotal point both in terms of both the island's building development but also for the Island as a whole. The major factor influencing this change followed the Act of Settlement in 1704 that permitted for the first time, the inheritance of estates to take place. Consequently, there was now an incentive for farmers and the wealthy classes to improve their housing and field boundaries which had previously been of little concern due to the unsure nature of their tenures. As a result, larger and more substantial houses began to be constructed.

3.7 Ballaughton was never a farmer's cottage that grew to reflect the emerging wealth of it owners, though it is not doubted that a house of considerable size and importance existed here previously as noted in John Fannin's map of 1789.

3.8 Ballaughton's neo-Classical influences are commensurate with both the period and the building style of the late 1700's and early 1800's. The front elevation displays a low pitched truncated roof with the classical pediment above the main entrance porch complete with classical columns, whilst the end elevation, leading off from the principal sitting room of the house contains a rounded bay section and canopied verandah. These two features in themselves are Regency in style (1811-1837) and from the dates available are clearly original features.

3.9 Ballaughton has to be measured against other notable Villas from this period. Foremost of these is Lorne House, the epitome of the Georgian Villa, and attributed to the architect Thomas Brine, a man responsible for many of the island's Registered Buildings we have today. It is this building which shares many architectural features with Ballaughton. However, soon after its construction, the canopied verandah was extended and mirrors that of the Villa Marina on Douglas promenade completed a short time before. Another building of particular note that reflects the appeal of the 'Villa' is that of Kirby House, Braddan.

Planning Policies

4.1 The site is designated in the Douglas Plan 1998 as a Private Estate, in an Area of Open Space/Woodland. The un-adopted Written Statement provides no further advice as to how to treat applications with such a designation.

4.2 Circular 8/89 Low Density Housing in Parkland does offer advice. It sets out that: 'Areas of existing low density housing in parkland (marked "PE" - Private Estates - on the Development Plan) are usually characterised by fine buildings and mature trees standing in landscaped grounds. Whether in the towns or the countryside, such sites make a positive contribution to public amenity. In terms of development potential, they may be classified into (a) those which are clearly within the built areas of the Island's Towns and Villages, and (b) those which are not. In the case of (a), Where residential development could take place without any tree-felling and without any diminution of the public amenity value of the landscape, development in accordance with the criteria set out in (4) below may be permitted'.

4.3 The criteria in (4) states that 'proposed buildings must be substantial, and designed and finished to the highest quality; and each dwelling must be sited, in at least 1 acre (0.4 ha) of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees'.

4.4 The Policy further suggests that applications for the development of such areas must include an accurate and complete survey showing existing ground levels and the position and branch- spread of all trees.

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The relevant Strategic Plan Policies are:

4.5 Strategic Policy 5, which seeks that new development, including individual buildings, be designed to make a positive contribution to the environment of the Island.

4.6 General Policy 2 which provides for a presumption in favour of development provided that development; respects its site and surroundings in terms of layout, scale, form, design and landscaping; does not adversely impact on wildlife; does not adversely impact on the amenity of residents or the character of the locality; does not have an unacceptable impact on road safety; is designed having due regard to best practice in reducing energy consumption.

4.7 Environment Policy 3 seeks to ensure there is no unacceptable loss or damage to woodland areas.

4.8 Environment Policy 22 seeks to ensure the amenities of nearby properties are protected from vibration, odour, noise or light pollution.

4.9 Environment Policy 34 advocates the use of traditional materials in the maintenance, alteration or extension of pre-1920s buildings.

Representations

5.1 Douglas Borough Council. No objection.

5.2 Highway Services. Do not object.

5.3 DEFA Arboricultural Officer: Applicants discussed the proposal and tree felling scheme prior to submission. No objection to the removal of the trees proposed. Nearly all those around the house are garden conifers of no particular merit or trees with defects of some sort. The only tree loss that I think may be visible are the few pine trees near the proposed lodge house.

5.4 Owners/Occupiers of Rosemanly: Impressed by design and attention to detail to create a prestigious estate with a modern twist. Welcome the proposal. No objections provided it stays residential. Concern is with the construction phase and the physical process of removing 38 trees. The writer sets out concerns regarding previous activity and storage of materials on the site, and requests various conditions regarding burning of waste, construction hours, screening of work, and the sharing of the construction timetable with neighbours.

Assessment

6.1 The key considerations in the determination of the application are: the principle of development; substantial loss of existing building; design; impact on neighbouring residential amenity; and loss of trees.

6.2 Principle of development: The proposed development, for a single large manor house with ancillary accommodation is considered to fit squarely with the land-use allocation of Private Estate as described in the Circular on Low Density Housing in Parkland. The policy requires houses to be within at least 1 acre of its own grounds, the site in this case is over 7 acres.

6.3 Substantial loss of the existing building: This is perhaps the most controversial element of the proposal, although it is notable that no objections have been received on this basis, or any other basis. As stated earlier, the building is not Registered and from that perspective it is questionable as to whether the loss of the building is material consideration at all. However, it is indisputable that the building is one of interest, and it is appropriate therefore that any development should be seen in the light of whether the development is a retrograde step or is beneficial.

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6.4 From looking at the research undertaken in respect of whether the building should be registered or not, the value of the existing house is as a result of its history and how that history is reflected in the architectural style of the property.

6.5 The history of the manor indicates that a dwelling was on the site prior to the new house being erected, the land having been bought and sold for rapidly increasing sums as a result of the island's fortunes at the time. The resulting house was designed and built to reflect the status of the owner. Consequently the house could be seen as an important record of a time in the history of the Island. Whether it was such an important part of the history of the Island that the house be retained indefinitely in its current form is debatable, and the fact that it is not the only property remaining which reflects that period of time is also relevant, other better examples include Lorne House. Buildings and properties evolve as circumstances change, indeed this property has a substantial addition to the rear which appears inter war, no doubt in response to the altering requirements of the family at that time. The proposal in this instance retains elements of the original building and builds around it, a larger and even grander, manor house, perhaps reflecting this period in the Island's history. The applicant's agent sets out in their Design and Access Statement that 'the intention is to create a property and an estate that will contribute significantly to the Island's heritage continuing the story of Ballaughton Manor.'

6.6 The dwelling's form, mass, proportions and architectural detailing offer a sense of grandeur that has unfortunately been lost to a degree by some inappropriate, albeit not prominent, alterations and extensions. The main body of the building remains well-defined and together with its mature green setting retains a strong sense of historic presence. The most worthy elements of the building include the front elevation, and part of the south-west elevation. The proposed works are extensive, and although they retain the principal elevation, would undoubtedly alter the house so its original form would be almost unrecognisable. This needs to be weighed against the qualities of the proposal, determining whether the proposal is an improvement over the existing.

6.7 Design: The applicant's agent has indicated in the submission that the easiest way to develop the site would have been to demolish the existing building and create a new modern dwelling of significance. However, this is not the approach that the applicant wanted to take. Discussions with officers of the Department indicated a wish for the retention of the principal elevation and the principal rooms on the ground floor, and this informed the design of the new dwelling. It was hoped that the existing staircase could be incorporated into the new dwelling, but this has not been achieved. The final design reflects the architectural period of the original house, but grander in scale. The reconfiguration of the entrance, driveway and landscaping will make the house more formal, which is unobjectionable. The proposal is exceptional in its attention to detail and proportions, and it is these factors which will contribute to ensuring that the final product is one of enduring quality.

6.8 Impact on Neighbouring Properties: The proposed new manor house itself would remain some distance from neighbouring residential properties being a minimum of 27m from the boundary. The swimming pool would be 21m from the boundary. The plant room would be just under 5 metres from the boundary of properties in Harcroft Road. This would be single storey with the eaves being about 3m above ground. The highest part of the roof would be 5.5m high, although this would be a further 4m away from the boundary (7m in all). The garages and guest would be between 2.7m and 3.2m away from the boundary and be two storey. The first floor accommodation would be in the roof, to help reduce the height and impact. The eaves would be 5.5m high, and the pitch 6.7m high, although at this point it would be a further 4.5m from the boundary (@7.5m in all). The properties on Harcroft Road are on a slightly higher ground level than the application site. Utilising the British Research Establishment's guide to daylight and sunlight, the relationship between the houses and the proposed garages and guest accommodation is more than satisfactory. Notwithstanding this, between the proposed works and the boundary are a number of mature trees. Other than a small window to the gardener's store, and some roof lights, there are no windows in the rear elevation.

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6.9 Noise from plant, particularly plant related to swimming pools can sometime be unneighbourly. Further information has been sought from the applicant's regarding this. If no further information is received by the time of Planning Committee, then control can still be secured by planning condition.

6.10 At 8m by 5m, the footprint of the gatehouse is about the size of a treble garage. Its height, to the central pitch is 5.5m. At its closest point, the gatehouse would be 3m from the boundary, but as it sits at an obscure angle, it would only be a corner that would be this close. The neighbouring property is also close to the boundary, the original house being 6m or so from the boundary, but having been extended, 2m therefrom. Nevertheless, given the positioning of both dwellings it is not thought that there would be adverse impact. The most notable change would be from the removal of 6 Pine trees.

6.11 Loss of Trees: Not only are there general policies that seek to retain trees in development proposals, but in Private Estates, specific attention is paid to the need to retain trees and keep a mature landscape setting. Although the proposal would result in the loss of some 44 trees, this perhaps needs to be considered in the light of the two hundred trees that would remain. One particular tree, a Persian Ironwood, is to be relocated. The applicant's agent has discussed all the plans with DEFA's arboricultural officer and incorporated his comments. As such, no objections have been raised on this basis.

6.12 Other Matters: Whilst the concerns of the neighbouring property regarding disruption during development are understandable, the matters of concern are not ones that can be satisfactorily controlled by planning condition and are more appropriately dealt with under Environmental Health regulations. Consequently conditions relating to such matters are not suggested. However, the concerns have been noted by the applicant's agent who has undertaken to ensure that there is no undue impact on neighbours in so far as possible.

Recommendation. 7.1 The application be approved subject to conditions.

Party status

1. By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; (d) The Highways Division of the Department of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated.

2. In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person. The owner/occupier of Rosemanly, New Castletown Road.

Recommendation

Recommended Decision:

Permitted Date of Recommendation:

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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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any trees shown to be retained. Until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

C 3. No development shall commence until a full and comprehensive photographic survey of the existing manor house and any outbuildings to be demolished has been submitted to the Department for record keeping purposes.

Reason: In order to retain a record of the site in the interests of local history.

C 4. No development shall commence until details have been first submitted to and approved in writing by the Department showing the method and programme by which the existing principal elevation and rooms shown to be retained, are to be supported and protected during the carrying out of the approved development. The works shall not be carried out unless in accordance with the approved details.

Reason: To ensure the satisfactory protection of these elements of the existing building.

C 5. No works shall commence until full details of the proposed windows joinery at a scale of no less than 1:20 have been submitted to and approved in writing by the Department. The works shall not be carried out unless in accordance with the approved details.

Reason: In the interests of maintaining the integrity of the building.

C 6. There shall be no external lighting within the site, unless prior approval of the Department has been given following the receipt of a lighting scheme.

Reason: In the interests of neighbouring amenity and the character and appearance of the area.

C 7.

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No development shall commence on the plant room until a scheme specifying the level of noise that would be generated and the means for its control has been submitted to and approved in writing by the Planning and Building Control Directorate within the Department.

Reason: To reduce the impact of noise beyond the site of the application.

C 8. 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.

The approval relates to the following plans, all received on 24 August 2015: X0001; X0002; X1001; X3001; P0001; P0002; P0003; P1001; P1002; P1003; P1004; P1005; P1006; P2001; P3001; P3002

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : APPROVED

Committee Meeting Date:...05.10.2015

Signed : J Chance 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

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online service/customers and archive records.

The signature reflects the Officer who endorsed the Officer Recommendation.