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21/01467/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 21/01467/B Applicant : Modox Limited Proposal : Replacement of existing building with erection of a garden pavilion Site Address : Field 420866 Ronague Road Ballabeg Castletown Isle Of Man IM9 4HF
Senior Planning Officer: Mr Jason Singleton Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 25.05.2022 __
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. The garden pavilion hereby approved shall be used only in connection with the dwellinghouse Ballacomish, Ronague Road, Ballabeg for private use only and may not be let out separately therefrom.
Reason: The Department has assessed the impact of the proposal on the basis of the specified use and the documents submitted and to enable the Department to consider the implications of any subsequent change on the amenities of the area.
C 3. The Pavilion shall be an extension of the private residence and is intended to be used by the applicant and their invited guests only.
Reason: The Department has assessed the impact of the proposal on the basis of the specified use.
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N . The applicant is advised that there are Overhead Lines present in the area indicated in the planning application and as negotiated, are requested to contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Department, Network Services, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may need to be diverted before any work can be carried out on site.
The applicant is also advised to contact the Manx Utilities for Electrical Site Safety 5 documents, (t: 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6. Manx Utilities will not accept liability for any costs incurred for this work.
This application has been recommended for approval for the following reason. The proposed replacement building has been designed to have a minimal visual impact and would comply with General Policy 2 and Environmental Policy 1 of the Strategic Plan.
Plans/Drawings/Information;
This decision relates to drawings received on 15 December 2021, referenced;
Site and location plan with existing elevations 204-x-001 Proposed Plans 204-P-101 Proposed Elevations 204-P-301 Design and access statement 204/x/DS/01
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Interested Person Status - Additional Persons
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Officer’s Report
1.0 THE SITE 1.1 The application site is an out building located to the west of the main dwelling house Ballacomish, Ronague Road, Ballabeg. The dwelling is an architecturally designed mansion house with formal gardens to the south and private equestrian facilities and buildings to the north and paddocks to the North West.
1.2 Within the grounds of the estate is a detached single storey out building that is characterised as a ruinous Manx stone former dwelling to the west of the main house; only the four external walls remain with fenestration details and the two gables and their stacks, there is no roof on the building.
1.3 The existing building would measure (Externally) when measured off the drawings, a footprint of 8.5m long x 4.8m wide and 4.8m to the ridge with 500mm walls and a small lean to extension to the side. The overall area covers 54msq of built form.
1.4 The building is sites in the North West corner of the field 420866 and fenced off given its ruinous state.
2.0 THE PROPOSAL 2.1 Proposed is the demolition of an existing out building and the erection of a single storey structure that is to be used as garden pavilion in conjunction with the dwellinghouse.
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2.2 The proposed enclosed living, dining and storage facilities of the proposed Pavilion would measure approx. 12.5m x 8m and no greater in height than the ridge of the existing building. The overall area covered by the roof canopy (including the internal building as previously noted) would measure an overall footprint of approx. 13m x 16m and 4.8m to the highest part of the roof structure.
2.3 The design approach would see the proposed building centred around is simple form with a solid walled accommodation block, with exposed timber framed structural supporting pillars with a single plane over-sailing roof which provide cover for the external decked area which would allow for the creation of an external dining and seating areas with BBQ area.
2.4 The building would be finished with exposed timber framing with cedar shingles to the vertical elements and some Manx stone with a planted green (grass) roof and 'Crittall' aluminium style windows and doors.
2.5 Also proposed is a degree of landscaping with orchard trees and an under crop of meadow grasses with soft landscaping with a mown path that would link the dwelling house to the pavilion.
2.6 The architect notes that; "Careful consideration has been given to the design of the Pavilion which retains a simple aesthetic and utilises natural materials intended to minimise its appearance in the landscape whilst providing a functional space that can be enjoyed all year round. Its architectural features, such as the over-hanging roof, serve to reduce the building frontage from the far reaching vantage point".
2.7 The architects notes; "The proposed Pavilion is intended to create occasional entertaining facilities for the main residence but its primary use shall be as relaxed work space for the home owner as and when required and as a 'retreat' from the main house...Being physically separate from the main house the intention is to provide a 'retreat' in a more private setting away from the house and the adjacent equestrian facilities... The Pavilion shall be an extension of the private residence and is intended to be used by the applicant and their invited guests only".
3.0 PLANNING POLICY 3.1 The land use designation defined the land and area as not zoned for development and sits within a rural part of the open countryside on Map 6 (Colby & Ballabeg) of the Area Plan for the South. The site is not within a Conservation Area or at any flood risk from surface water.
3.2 The land is also linked to Map 2 Landscape Assessment Areas; that identifies site is within an area that is broadly classified as D14 or 'Incised Slopes'
3.3 Within the written statement under section 3.0 Landscape Character Area (LCA), page 16, para. D14 is broadly referred to; Ballamodha, Earystane and St Marks (D14) notes that the; "The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities... Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons... Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views."
3.4 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
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Spatial Policy 5 Building in defined settlements or GP3
General Policy 2 General Development Considerations 3 Exceptions to development in the countryside
Environment Policy 1 Protection of the countryside
3.5 Residential Design Guide (2021)
This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
4.0 PLANNING HISTORY 4.1 Whilst the application site has no planning history, the main dwellinghouse and its ground have been subject to the following approvals;
o 19/01251/B - Erection of shed to replace existing.
o 11/01600/B - Construction of a garden pavilion within sunken garden area o 11/00162/B - Creation of a vehicular entrance, erection of a horse walker, creation of staff accommodation and external revisions to replacement dwelling (Amendments to 10/00807/B)
o 10/00807/B - Demolition of existing dwelling and outbuildings and erection of a replacement dwelling.
o 09/01557/B - Alterations, erection of extensions, creation of stabling with staff accommodation and home office and landscaping
5.0 REPRESENTATIONS (in brief - full reps can be read online) 5.1 Rushen and Arbory Commissioners commented 27/01/22 with no objection, but seek that the building remains as part of the main residence.
5.2 Highways Services do not object (No Highways Interest) 31/12/21
5.3 The MUA (Electric) commented (04/02/22), initially to object as there is a high voltage overhead cable line located in the area of this application, then following on from negotiation; commented again on 12th & 13th April'22 do not object subject to the diversion of the overhead power cable in agreement with the MUA.
6.0 ASSESSMENT (i) Principle
(SP5, GP3) (ii) Design
(STP5; GP2) (iii) Visual Impact
(GP2; EP1)
6.1 Principle The starting point here is the land designation within the area plan which designates the site as land not zoned for development. As General Policy 3 would be applicable in this instance, the proposal is for a replacement detached building adjacent to an existing residential dwelling and as such does not specifically fit into any of the criteria for acceptable development in GP3(a-h).
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6.2 The application form notes the existing and proposed use of land is residential curtilage. On review of the previous planning history as noted in Section 4.0 of this report, the existing and proposed land use is noted as residential in the application forms and as shown identified in red on the site plans as part of their respective applications. Therefore regard must be given to the reasonableness of the scale and siting of the proposed developments within the defined residential curtilage in view of their subsequent impacts.
6.3 This proposal is certainly unique in what is being sought, but equally the dwellinghouse to which this proposal is associated too, is architecturally outstanding and occupies a large area with its manicured gardens and private equestrian areas. It is not uncommon for large houses in the countryside with large gardens to seek additional buildings within their curtilage, and permissions have been granted in the past for car/ bike garages, helicopter hangers and alike that is not strictly in accordance with Policies.
6.4 In this case it is relevant to give weight to Environment Policies 1 which protects the countryside for its own sake and restricts development that would have an adverse visual impact on the countryside. Also the general principles contained with GP2 (a-n) that's offer guidance that specifically addresses those issues affecting building on site that would be general development control principles. On balance the principle of a replacement building for use as a detached summerhouse / pavilion type building within the grounds of Ballacomish is acceptable subject to the further assessment below.
6.5 Design With regard to the demolition of the existing building, it is not identified as being a building of architectural or historical interest as noted in the written statement in the Area Plan for the South. Essentially it is a ruinous building within the countryside that would struggle to be severed off from the existing dwellinghouse given its remote location in the rural area, lack of vehicular access track and close proximity to the dwellinghouse. Arguably judging by the photos and existing drawings, there could be an argument made under HP11 for its refurbishment through HP13 for conversion into a residential dwelling. However, this would fail as there is not a useable track from the highway. As such the demolition and reuse of the stone for this replacement building would be acceptable.
6.6 Before considering the demolition, the agent has noted they have explored alternative locations within the ownership but the majority do not lend themselves for a purpose built building, and the re-use of the exiting building was explore with the option of working with the existing fabric was explored but to create the open aspect indoor/outdoor space that was desired proved to be cost prohibitive and therefore an unviable option.
6.7 The overall design approach was to ensure the existing proportions (built form) of the existing building are reflected in the design of the replacement building, noting the length, width height and to some degree its appearance. In this case, the proposed ridge height is no higher than the ridge line of the building to be demolished and the siting is overlapping that of the existing which is tucked away in the corner of the site. The larger part is the projecting green roof with seating area below.
6.8 Whilst a contemporary approach has been taken in its design, the basic form and the use of finishing materials will help soften the overall appearance and whilst 'on plan' the form could be read as imposing, in essence the supporting timber framework would be minimal and only the covered built form being apparent as the roof overlaps the edges of the building.
6.9 The issues regarding the MUA and the overhead cables, it is understood these will be (at the clients expense) undertaken by the MUA and diverted away from the application site. On balance the design would be appropriate in this instance for the proposed use as a summer house / pavilion and would be complementary to the dwellinghouse and wider estate.
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6.10 Visual Impact In terms of how visible the scope of works are when compared to the existing, the proposed building would be very slightly larger in footprint in comparison to the existing but the extension of the roof canopy and seating area to the front would occupy most of the area of 'development' in terms of footprint when looking at a plan form. Nevertheless the inclusion of a green or grass roof would help to soften the appearance if viewed from the surrounding higher fields.
6.11 The agent notes in their supporting statement that; "It is acknowledged that the creation of this external space/ seating area arguably creates a greater footprint and that the roof over replicates this, but in order for the Pavilion to be enjoyed as much as possible throughout the year - without increasing the enclosed internal spaces - this covered space was deemed necessary".
6.12 This approach has led to those design attributes as discussed and with the additional soft landscaping would help to soften and link the pavilion to the dwellinghouse and in terms of any distant views, would be read in the same context as the dwellinghouse where the dwelling house would very much remain to be the dominant built form on the landscape and the proposed pavilion building would not appear to be out of keeping given the level and scale of the proposal within its surroundings.
6.13 The level of finish that utilises a grass roof, cedar shingles, reclaimed Manx stone and areas of slim line glazing would help to keep the overall impact low with only the width of the building aspect being visible from afar as the roof and its supporting timber frame would be less conspicuous, again that is if any views are actually achievable of this part of the site from a public highway. As such this proposal would be seen to be read in conjunction with STP5 and GP2b,c with no detrimental impact on the surrounding countryside as sought by EP1.
7.0 CONCLUSION The planning application would be an acceptable form of development that has been designed to ensure that it would not visually harm the property/ dwellinghouse or that of the surrounding countryside and would comply with Environmental Policy 1 of the Strategic Plan. It would be prevalent to add a condition linking the pavilion to the main dwellinghouse as sought by the commissioners.
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. __
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I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 27.05.2022
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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