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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/01290/B Applicant : Mr Darren Hind Proposal : Erection of proposed detached dwelling and integral garages Site Address : Water Gardens Jurby Coast Road Jurby West Isle Of Man IM7 3AS
Principal Planner: Mr Chris Balmer Photo Taken : 09.02.2022 Site Visit : 09.02.2022 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 14.02.2022 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. Notwithstanding the 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.
C 3. 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 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. 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 the dwelling hereby permitted.
Reason: To ensure the provision of an appropriate landscape setting to the development.
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C 4. 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 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.
This application has been recommended for approval for the following reason. It is considered the proposal for a single dwelling on this site would meet the tests of "previously-developed land" and with the careful design dwelling proposed result in a significantly improvement to the environmental and landscape and a more sustainable form of development complying with General Policy 3, Environment Policy 1 & 2 and Transport Policy 4 & 7 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on 15.11.2021. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE MEMBERS AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL.
1.0 SITE 1.1 The application site forms part of the existing curtilage of Jurby Water Gardens which is located along the north western side of the Jurby Coast Road with the settlement of Jurby located to the northeast of the site.
1.2 The site is heavily developed which includes large single storey green houses, polytunnels, sheds, ponds, large expanse of gravel area for parking spaces/turning facilities. In terms of area the site equates to 3060sqm and the total area covered by buildings is 800sq m (main greenhouse makes up 720sq m) and the hardstanding area makes up a further 912sq m of the total. The highest ridge level- 103.940. There is also wind break fencing to the north of the site.
1.3 There is an existing access which is 6.5m wide which accesses directly onto the Jurby Coast Road.
2.0 PROPOSAL 2.1 The application seeks erection of proposed detached dwelling and integral garages. The proposed dwelling has a total floor area of 517sqm, a gravel driveway of 297sqm and highest ridge level of 104.350. The dwelling would be single storey in height with a total of three shallow pitched roof sections which are connected together with flat roofed elements forming a "U-shaped" building, with a central courtyard area.
2.2 The dwelling is contemporary in overall design and is finished in a mixture of render (lower walls) and upper section finishes in a metal standing seam cladding (dark grey in colour) to the main parts of the dwelling. The front integral garage would be finished in natural cedar timber cladding laid (left to weather natural) vertically with an open joint detail. The pitched
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roofs would also be finished in a metal standing seam cladding and the flat roofs finishes with a green roof system.
2.3 The existing access is to be retain.
2.4 The existing gravel front parking area is to be reduced in size with an increase in front gardens to the property.
3.0 DEPARTMENT POLICIES 3.1 The application site is within an area to which the Isle of Man Planning Scheme (Development Plan) Order 1982 still applies. The application site is not designated for development within the 1982 Order. The site is not within a Conservation Area but is within an area of High Landscape Value or Coastal Value and Scenic Significance.
3.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:
3.3 Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
3.4 Environmental Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
3.5 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."
3.6 General Policy 3 indicates Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than in exceptional cases, which includes, "(c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment".
3.7 Housing Policy 4: "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: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
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3.8 Transport Policy 4 states: "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."
3.9 Transport Policy 7 states: "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."
3.10 As General Policy 2 sets out general 'Development Control' criteria it is considered capable of being applied to this proposal.
4.0 PLANNING HISTORY 4.1 The previous planning application is considered relevant in the assessment and determination of this application; 4.2 Approval in principle for the erection of a detached dwelling, addressing means of access - 18/01283/A - APPROVED (05.03.2019 - now expired) with the following relevant condition;
"C 4. The new dwelling must be single storey. Reason: To ensure the visual impact of the development has a reduced impact to the landscape and the wider environment."
5.0 REPRESENTATIONS 5.1 Highways Services comment (03.12.2021); "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised that Highway Licences may be necessary for use of the highway."
6.0 ASSESSMENT 6.1 Fundamentally, in terms of planning policy there is a long established presumption against new residential development in the countryside. As identified earlier within the planning policy section of this report, this presumption against is set out in four different ways. Firstly, the application site is not zoned for residential development under the IOM Development Plan 1982 and therefore Environment Policy 1 requires consideration. This policy indicates that the countryside and its ecology will be protected for its own sake, unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. Secondly, General Policy 3 of the Isle of Man Strategic Plan, states that in such areas new dwellings will generally not be permitted. Thirdly, the site is not identified in an adopted Area Plan as being within a town, village, or within a sustainable urban extension and therefore contrary to the exceptions indicated in Housing Policy 4. Fourthly, the site is zoned within an area of High Landscape or Coastal Value and Scenic Significance and therefore Environment Policy 2 requires consideration. This policy indicates that within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential.
6.2 The proposed dwelling does not serve a viable agricultural holding nor replaces an existing dwelling and therefore there are no special circumstances to warrant the setting aside of the presumption against development. The development proposed by this planning application could be considered to be contrary to the current policies of the Department.
6.3 However, General Policy 3 paragraph (C) would has been suggested by the applicants as why the proposal would fit planning policy. This section of GP3 indicates that; "previously
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developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;". Further, under Appendix 1 of the Isle of Man Strategic Plan the term is defined as:- "Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.
The definition includes defence buildings, but excludes: o Land that is or has been occupied by agricultural or forestry buildings. o Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures. o Land in built-up areas such as parks, recreation grounds and allotments, which, although it may feature paths, pavilions and other buildings, has not been previously developed. o Land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings).
There is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed."
6.4 It is considered the site and associated buildings, structure, signage and large hardstanding's would all meet the definition of "previously-developed land" and therefore the principle of a dwelling on this site is considered acceptable. This was also concluded with the previously approved application (18/01283/A) on the site and there are no material planning matters which would result in a different conclusion now. Accordingly, in terms of the principle of a dwelling on this site in accordance with GP3, it is once again considered acceptable.
6.5 In term of redundancy the previous applicants (operated the water gardens) had provided a statement in their submission where they had indicated that they owned and operated the water gardens since 1993. However, in recent years business has fallen due to market changes and shopping habits. Due to this and also health reasons and reaching retirement age they decided to sell the business as a going concern. They advertised the business with Hilton Smythe Commercial Estate Agents on 7/9/16 for a year as well as advertising on the IOM and in UK with not one enquiry of interest. After the 12 month marketing contract finished, they advertised it in all the local newspapers and internet sites for a period of another year with little or no success. However, since this time they have been advised that the building is no longer fit for purpose and due to health reasons, they decided to close the business. Again, it would appear clear that the previous applicants/owners had tried for a number of years to sell the business without success. Further, the buildings within the site are not conducive for other uses, i.e. compared to an industrial building which could be used for a variety of uses. Furthermore, the site is not in a particularly sustainable location, being within the countryside. It is likely that if the application for a water garden was being proposed today, on this site, there would be likely to be concerns of its location and it not being within a sustainable location, closer to large settlements. Accordingly, replacing it with a single dwelling, which in turn will likely reduce the amount of visitors/staff going to and from the site, would be more sustainable.
6.6 The next fundamental issue is whether the proposed redevelopment would reduce the impact of the current situation on the landscape or the wider environment and would result in improvements to the landscape or wider environment.
6.7 Firstly, the proposed dwelling is sited on the majority of the existing footprint of the greenhouse/poly tunnel/areas of hardstanding. Further the main part of the dwelling is set
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further away from the Jurby Coast Road than the existing development on the site. It is also noted that the amount if existing built development on the site (total 800sqm - the greenhouse makes up 720sqm) is proposed to be reduced, with the dwelling equating to 517sqm in size. The hardstanding fronting the site is also being reduced. All these factors help reducing the impacts of the current situation.
6.8 The overall, design of the dwelling being single storey in height and with shallow pitched roofed sections over individual sections of the dwelling which are all interconnected with large sections of flat roofed section (green roofs) all help with the mass/scale of the building being a low level form of development on the site. The finishes/colour of the materials uses to the external finishes would also help reduce the visual impact compared to the glazed greenhouse and other associated buildings on the site.
6.9 It is noted that the height of some of the pitched roofs are slightly above the height of the existing green house (approximately by 41cm) and therefore there may be concern that this increased height would go against the aims of GP3. However, as mentioned the overall design approach, in terms of the roof design helps reduce the overall massing of the building on the site. The flat roof elements have a height of 3m which is 0.94m below the height of the green house and therefore a large proportion of the dwelling is lower than the greenhouse.
6.10 Overall, from a visual point of view the impact in some ways it is likely to be similar to the existing built development on the site. The existing having a larger footprint and greater depth within the site and other associated buildings/structures on the site; compared to the proposed dwelling which has a smaller overall footprint and depth, but overall larger in width (albeit similar to greenhouse and poly tunnel in width) and is slightly taller in parts than the existing greenhouse; albeit lower in others. However; what is clear is the design and quality of the proposed dwelling which is considered to be a vast improvement over the existing situation, which is not attractive and is on the verge of being an eyesore to the landscape /countryside.
6.11 The proposed dwelling (as is the existing buildings on site) will be visible from the Coast Road; however, its design, scale, form, finishes and overall design approach would result in significant visual improvement to the site, the landscape setting and the countryside compared to the existing situation.
6.12 The purposes of the "Previously Development Land" policy is considered to relate to this situation, where historically development has occurred on a site which has become redundant and now is adversely affecting the countryside (EP1) and harming the character and quality of the landscape (EP2). It is considered the proposed scheme would meet the aims of the policy as it would reduce the impact of the current situation on the landscape and the wider environment; and also would result in improvements to the landscape and wider environment, all to the benefit of public views of the site in the area.
6.13 The comments from Highway Services are noted; the site and its recent commercial use would likely have generated substantially more traffic than a single dwelling. No alterations are being proposed to this existing access. Accordingly, given less vehicles would be utilising this existing access, it is reasonable to consider the proposal represents an improvement to highway safety. The site can also easily provide adequate parking (2 spaces) and turning faculties. Accordingly, from these respects the proposal is considered acceptable.
6.14 It is also not considered the proposal would have any significant impacts upon public or private amenities to warrant a refusal.
7.0 CONCLUSION 7.1 Overall, it is considered the proposal for a single dwelling on this site would meet the tests of "previously-developed land" and with the careful design dwelling proposed result in a
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significantly improvement to the environmental and landscape and a more sustainable form of development complying with General Policy 3, Environment Policy 1 & 2 and Transport Policy 4 & 7 of the Isle of Man Strategic Plan 2016.
7.2 It is recommended that the application be approved.
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 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: 21.02.2022
Signed : C BALMER 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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