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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00873/B Applicant : Mr Patrick Crookall Proposal : Erection of a detached dwelling, detached garage with living space above and detached pool house Site Address : Cly Ny Mona Ballamodha Straight Ballasalla Isle Of Man IM9 3EL
Senior Planning Officer: Mr Jason Singleton Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 10.11.2021 __
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 site clearance, preparatory work or development shall take place until a tree planting plan is submitted to and agreed in writing by the Department. Where applicable the plan shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include the following details: (a) the exact location, species, nursery specification and planting specification of each tree (or group of trees) to be planted. Where groups or larger areas are to be planted please state the area and planting density. (b) the approximate date when they are to be planted (c) how they will be maintained until successfully established.
The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.
Reason: to ensure an appropriate standard of visual amenity in the local area and that the development is appropriately landscaped to sit comfortably and acceptably in its location.
C 3. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been
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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 4. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of grassed areas and new planting (including tree planting) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted. No excavation works or changes to site levels shall be carried out other than in accordance with the approved details.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 or any order amending, revoking or re-enacting that Order, no extensions or enlargement or any detached building/shed/greenhouses/decking, gates, walls or fences, under Classes 13, 14, 15, 16, 17 and 21 of Schedule 1 of the above Order, shall be erected without the grant of further specific planning approval from the Department.
Reason: In the interests of the visual amenity and the character of the area, to allow such developments to be considered.
This application has been recommended for approval for the following reason. The proposed replacement house is deemed to be in accordance with Housing Policy 14 of the Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to drawings received on 2nd August 2021, referenced;
Site Location Plan / 01-B Proposed Location Plan / 02-B Block Plan / 03 Proposed Site Plan / 04-B Proposed GF Plan / 05-C Proposed FF Plan / 06-C Proposed North Elevation / 07-C Proposed South Elevation / 08-C Proposed West Elevation / 09-C Proposed East Elevation / 10-C Proposed Roof Plan / 11-B Indicative Perspective / 12-B Indicative Perspective / 13-B Pool House Floor Plan / 14-B Pool House Elevations /15-B Pool House Elevations / 16-B Pool House Roof Plan / 17 Garage Plans / 18 Garage elevations / 19
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Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO COMMITTEE AS IT IS A REPLACEMENT DWELLING OVER 50% LARGER THAN EXISTING
1.0 THE SITE 1.1 The application site is the residential curtilage of an existing dwelling, Cly ny Mona, which sits on the eastern side of the A3 Foxdale Road, to the north of its junction with the A34 Phildraw Road. The sits accommodations a dwelling, Cly ny Mona and a garage. Alongside this dwelling is another property, The Cottage, which sits to the west of the Cly Ny Mona and shares the residential curtilage of Cly ny Mona. At the western end of the site, alongside its access onto the A3, is another property - Bankfield Cottage and Bankfield Studio.
1.2 Cly Ny Mona is characterised as a large two storey dwelling, pitched tiled roof with a central chimney stack and stone local lime stone finish. The garaging to the flank (east) and is of the same appearance and construction.
1.3 The property is accessed from a private concrete road that extends some 270m from the highway and sits within a lower section of the topography with the character of the surrounding area is open countryside. There is mature tree planting to the west and southern boundaries of the adjacent fields that places the property at the advantage of not being visible from the highway (A3) to the west.
2.0 THE PROPOSAL 2.1 Proposed is the erection of a detached dwelling on site to replace with garage and living space above and attached pool house. Previous planning consent was granted (see planning history) for major alterations and extensions to the buildings on site that materially altered their appearance and the overall size beyond the existing property.
2.2 This proposal would see, the demolition of the existing dwelling and garage on site and the erection of a new dwelling house, an attached annexe swimming pool building and a detached 5 bay garage with a home office above, laid out in a court yard shape. With the house to the south, the annexe pool to the east and the garaging to the north of the site.
2.3 Dwellinghouse; The main house would be two stories high with pitched natural tiled roof, parts of the oak frame would be exposed and the majority local limestone walling and painted white render to some sections. The property utilises the usual configuration of window and door openings with some sections accentuating the gables with oak framing and large proportions of glazing. The proposed property would provide 478m2 of accommodation for the dwelling house measuring 48m across the width of the core of the building and 26m front to back across the central section with a ridge height of 9.5m across the main part of the building with subordinate roof sections at a lower level.
2.4 Pool House; The pool house would mirror the construction of the dwelling house using timber framing and local limestone cladding with sections of glazing and infill painted white render sections with a natural slate roof. This building would measure 30m long across the central section and x 10m wide across the core with a total height of 6.8m to the ridge and 2.5 to eaves level. Incorporated into the roofscape are a number of solar panels facing west.
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2.5 Garage The garage would be constructed of exposed timber framing and horizontal timber cladding and a pitched tiled roof to match the dwelling house. The garage would measure 17m long x 6.4 deep and 6.9m to the ridge. Internally this would allow for 5 car parking spaces and open plan above that is noted as a home office / annexe.
2.6 All the buildings would be built using natural green oak framing with a post and beam style oak frame throughout (by Oakwrights Timber framing company).
2.7 The application is accompanied with a planning design statement that depicts the planning history of the site and the extant of the former approval; reasons for an amended design approach to the former approval; the design rational; and the eco-credentials of the design and renewable energy sources.
3.0 PLANNING POLICY 3.1 In terms of local plan policy, the site lies within an area designated on the Area Plan for the South as not for any particular purpose and within an area of Incised Slopes as part of the Landscape Character Appraisal. The intention of the latter is to protect the countryside and its rural character.
3.2 The site is not within a Conservation Area or within an area identified as flood risk. There are no defined registered trees or registered trees areas on the Govt maps.
3.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application.
3.4 Strategic Policy 1 (in part) Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and reusing scarce indigenous building materials;
3.5 Strategic Policy 2 New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.
3.6 Strategic Policy 4 (in part): "Proposals for development must: (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations;
3.7 Strategic Policy 5 New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies
3.8 General Policy 3 (in part) Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
3.9 Housing Policy 4 (in part)
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New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.
3.10 Housing Policy 14 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(1), 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.
3.11 Transport Policy 4 The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.
3.12 Transport Policy 7 The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7.
3.13 The Residential Design Guidance (March 2019) 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 property.
3.14 The Strategic Plan (2016) states at paragraph 4.3.8 for LOCAL DISTINCTIVENESS; "The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors. At the same time a slavish following of past design idioms, evolved for earlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe".
3.15 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5 (water conservation and management), Community Policy 7 (designing out criminal and anti-social behaviour), Community Policy 10 (proper access
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for firefighting appliances) and Community Policy 11 (prevention for the outbreak and spread of fire).
4.0 PLANNING HISTORY 4.1 17/01341/B - Alterations and extensions to property including extension to garage and remodelling and extension of existing house. Approved. The case officer noted in their assessment; "6.1 The issue is whether the proposed works increase the impact of the building on the character and appearance of the countryside, taking into consideration what already has approval under 11/00737/B and is capable of implementation under 15/00553/B. 6.2 The public impact of the proposed works is limited by its proximity from the public highway and the intermediate trees between the road and the property. This results in the proposed works being virtually imperceivable from the public view. Even so, what is proposed is not objectionable and complies with the spirit of HP16 in that it does not increase the impact of the property from the public view".
4.2 15/00553/B - Variation of condition one of approved PA 11/00737/B for alterations and extension to dwelling, to extend period of permission. Approved.
4.3 11/00737/B - Alterations and erection of extension to dwelling. Approved.
4.4 10/01140/B - Erection of a garage/implement store with loft over. Approved.
4.5 08/01900/B - Erection of a garage. Approved.
5.0 REPRESENTATIONS (in brief, full representation can be read online)
STATUTORY CONSULTEES 5.1 Malew Parish commissioners commented (01/09/21) wanting to see some landscaping on site. 5.2 Highways Services have commented (26/08/21) with no objection.
NEIGHBOUR REPRESENTATIONS 5.3 There have been no comments received from any neighbouring dwellings at the time of writing.
6.0 ASSESSMENT 6.1
The fundamental issues to consider in the assessment of this planning application are; (i) the principle of development; (STP1,2 HP4, GP3d) (ii) visual impact of the proposed development; (SP5,HP14) (iii) impact upon the neighbouring properties; (RDG) (iv) impact on the trees (SP4b) (v) highway Safety (TP4,7)
6.2 (i) Principle The starting point here is the land designation within the area plan which designates the site as not zoned for development or within the countryside setting. The location of the site has an existing dwelling and garaging that is habited by the applicant and is also immediately adjacent to another residential dwelling. The character of the area is sporadic dwellings located along either side of the A3, but this site is not identified as being within any service centres (Spatial Policy 2) or service villages (SP3) or remaining villages (SP4). However, Strategic policy 2 ensures development within existing towns and villages is broadly supported except in 'exceptional circumstances' development in the countryside is allowed as identified in paragraph 6.3 which directs us to GP3. In this instance, GP3(d) allows for replacement
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dwelling in the countryside and further supported through Housing Policy 4(c) and directs to housing policies 12,13,14.
6.3 The application site benefits from extant former approvals (noted in the planning history) of similar size and scale and whilst this is not disputed, the proposal for a replacement house that would overlap the existing footprint of the Cly Ny Mona and the garage and would be replaced on a one for one basis.
6.4 The principle of the proposal is deemed to satisfy the criteria for Strategic Policy 1 for previously developed land to allow for a replacement dwelling on this site being acceptable and in accordance with Gp3(d) and echoed through HP 4(c) with an the emphasis is on HP 14 for its replacement.
6.5 (ii) Visual Impact The design of the proposal leans towards a more contemporary approach that would involve three built forms of the same appearance laid out in a court yard arrangement with the dwelling house being the larger massing in size and scale and the pool house subordinate with the garaging detached. As the existing cannot be seen from any public vantage points and the area to be developed is already built upon (except the garaging to the north) the visual impact would be negligible in this instance.
6.6 Turning to planning policy there is broad support for this contemporary approach within HP14 for 'buildings of innovative, modern design where this is of high quality'. Whilst this visual appearance is subjective, the particular design and form of construction for this dwellinghouse is to suit the specific parameters of this site which directly overlaps the siting of the former approvals, current house and garage.
6.7 Furthermore, the contemporary approach is also supported in the wording in paragraph 4.3.8 of the Strategic Plan (para 3.14 of this report), regarding local distinctiveness, where there is a focus on modern design. This is approach can be said to carry equal weight in planning balance, than trying to follow a traditional method of design as noted in planning circular 3/91. This modern design is also further supported through SP5 which seeks new dwellings make a positive contribution to the Island in general and that applications are further supported by a design statement. It is further noted this proposal does not increase the impact of the property from the public view.
Visual impact - design 6.8 Turning to the specifics of the proposed design, the design statement highlights the conception and evolution from what was formerly approved and the benefits of the proposed design and incorporation of eco credentials for energy efficiency. Rather than converting and adapting, this application is for a direct replacement on the existing area. For reference, the existing dwelling has a floor area of 428m2 . The extant permission has an overall floor area of 767m2 . These proposals within this application have a total floor area of 997m2. However this extra increase is largely owing to the addition of accommodation over the oak framed cart- lodge style garage and the single storey Pool House. The replacement dwelling is broadly the same in area when measured externally as the previous approval.
6.9 The strategy of replacing the dwelling, rather than extending/altering it is that vernacular references, and a cohesive design can be achieved giving uniformity across the site and given the method of construction will include a high quality material palette, including local limestone, slate roofing and external oak features and complimentary external detailing which can be readily incorporated. This helps to ensure that the additional floor area has no harmful impact on the neighbouring property or wider setting in planning terms.
6.10 On balance, this proposed design represents a more modern interpretation of architecture than the existing properties in the area, where there is a variety of styles, size,
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and design in the immediate locality. The proposal is deemed to be an acceptable form of development that would not result in an adverse visual impact on this part of the countryside and would be seen to and comply with those sections of HP14 and SP5.
6.11 (iii) Neighbouring amenities The relationship to the neighbouring cottage to the west (The Cottage), also within the applicants ownership, remains unchanged- this property is already subservient do the host dwelling, and this remains the case with the replacement. The design of the proposal has been developed to 'step' down to this property with the single story home office wing to the west, with fenestration on this element and this elevation has been carefully considered to ensure no amenity, privacy or overlooking issues.
6.12 When considering whether there would be any loss of light or overshadowing from the built form of the extension, the physical proportions of the proposed property would not be considered to have any material harm in terms of having an overbearing impact or any loss of light over and above the existing levels to the enjoyment of their dwellinghouse or their amenity space given the properties orientation and the distances involved (approx. 15m) between the respective dwelling houses. As such this aspect would accord with RDG'21.
6.13 (iv) Trees Whilst the proposal does not include any landscaping to the site, and this has been identified by the local authority a landscaping condition can be applied to identify the area of planting and also the soft and hard landscaping to ensure the setting of the property reflects the rural nature by using indigenous species. This will help to enhance the landscape quality and nature conservation value in this area in accordance with SP4b.
6.14 (v) Highway Safety Highway Services have considered the merits of the existing entrance, the specific dimensions involved and access to and from the site from the highway noting visibility splays. As the transport professionals their comments are heavily relied upon and it is noted they do not object to this application. Having considered the highways safety aspect and the use of the existing entrance in a safe and appropriate manner with parking and manoeuvring within the site, it would not be considered to have any adverse impact on the existing highway or upon those users entering and exiting the site. As such the proposal would be considered to align with the principles of TP4 &7.
7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, the Residential Design Guide 2019 and is 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.
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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 __
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: 13.12.2021
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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