Officer Report 14 January 2008

The application site forms the curtilage of the Lhen Garage, The Lhen, Andreas which is located on the southern side of the A10 road and adjacent to The Old School Hall, which is in the ownership of the applicant and forms part of the application site. To the east of the Old School Hall is the dwelling "Stonefold" which is also in the ownership of the applicant. ### Land Use Zoning / Planning Policy The application site is within an area recognised as being an area of 'white land' not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; however the site is within an area zoned as High Landscape or Coastal Value and Scenic Significance. - Isle of Man Planning Scheme (Development Plan) Order 1982 - The Isle of Man Strategic Plan (20th June 2007) – General Policy 3, Housing Policy 15 and Environmental Policy 2 - Planning Circular 3/91 – Guide to the Design of Residential Development in the Countryside ### Planning History The following applications are considered relevant in the determination of this application: PA 07/00038/B - Alterations, refurbishment and erection of a link extension to form residential accommodation – REFUSED on the following grounds:- 1. The proposed alterations and extension would be contrary to Planning Circular 3/91 in that the proportion, form and detailing of the proposed alterations and extension would be unsympathetic and out of keeping with the building to which it would be attached and would cause demonstrable harm to the visual amenities of the locality. PA 03/01698/C - Change of use from private dwelling to self catering tourist accommodation, Lhen Mission Hall, The Lhen. Approved PA 00/01813/B - Conversion to dwelling, Stonefold, The Lhen. Approved ### Proposal The application seeks approval for the demolition of the Lhen Garage and construction of an extension of traditional design with link extension to Old Lhen school hall. ### Representations Andreas Parish Commissioners advise of no objection. The Highways Division of the Department of Transport oppose the application on the grounds that the visibility from the private driveway on to the adopted highway is inadequate to serve the needs of the development. The Isle of Man Fire and Rescue Service make no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice. The Isle of Man Water Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice. The Manx Electricity Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice. The Society for the Preservation of the Manx Countryside and Environment have commented to the submitted application and advise that they consider the design to be an improvement on the previous application, however, it will appear as a new dwelling in the countryside. In addition, they consider that the resultant building will represent a very large property on a rather small plot. Mr A Jessopp, Seacliffe, Old Castletown Road, Port Soderick has commented to the planning application and on balance considers the redevelopment of the site to be acceptable. ### Assessment / Recommendation As the site is located within an area of ‘white land’, the following policies are considered relevant:- #### “General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) 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; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage.” #### “Housing Policy 15: The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally).” #### “Environment Policy 2: 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. Material planning issue to be considered with the application include:- (A) Planning Policy; (B) Highway / Access issues; and (C) Design” #### Planning Policy General policy 3, paragraph (c), indicates that development will be allowed where there has been previously development land which contains a significant amount of building. Previously developed land is defined in Appendix 1 of the Strategic Plan which states:- #### “Previously ## Developed Land: 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: - Land that is or has been occupied by agricultural or forestry buildings. - 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. - 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. - 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. It is considered that the proposal should be assessed against this policy in that the redundancy of the garage has been established for a number of years; and the garage is also not one of the exclusions as indicated within the above definition. Whilst the size of the extension is larger than the 50% which is generally accepted for the maximum size of an extension on a traditional property (Housing Policy 15), the policy does state in exceptionally circumstances development larger than 50% will be allowed. It is considered that the proposal will represent an improvement to the visual appearance of the surrounding locality and to the existing dwelling “Old Lhen School Hall”, as the proposed development is of a traditional design and is similar in massing and height and as such is considered to represent such a circumstance were development larger than 50% will be acceptable. Additionally, it is considered that the proposal will represent a visual improvement within the surrounding landscape and the development would also comply with Environmental Policy 2, as the development will improve the character and quality of the immediate area. ## Highway / Access issues The Department of Transport Highway Division did initially object to the development, and subsequently the applicant has amended the scheme which now proposes the same driveway and access layout as the previous application to which the Highway Division did not object. As such, the Highway Division have now stated that they have no objection. It is therefore considered that the proposed changes will enable adequate visibility splays in relation to access and egress, and will have no adverse impact upon the highway safety of the users of the adjoining A10 road. ## Design As stated previously the proposal has been designed to appear as a traditional Manx cottage. The design would comply with Planning Circular 3/91, particularly policy 2-6, and therefore would also be in keeping with the traditional appearance of ‘The Lhen School Hall’. ## Recommendation On balance, it is considered important to ensure that when constructing new buildings in the countryside, the development is in a form and size that would not cause significant harm to the visual amenity of the surrounding area or upon surrounding properties. The proposed development, it is considered would represent an improvement to the surrounding landscape and adjoining dwelling and would also comply with the relevant policies of the Strategic Plan and Planning Circular 3/91. For these reasons the proposals would seem appropriate in these locations and the application is therefore recommended for approval. ## Party Status It is considered that the following parties meet the criteria of Government Circular 1/06 and should be afforded interested party status: - Andreas Parish Commissioners - Department of Transport Highways Division The following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and therefore should not be afforded interested party status: - The Isle of Man Fire and Rescue Service - The Isle of Man Water Authority - The Manx Electricity Authority - Society for the Preservation of the Manx Countryside and Environment - Mr A Jessopp, Seacliffe, Old Castletown Road, Port Soderick ## Recommendation Recommended Decision: Permitted Date of Recommendation: 10.01.2008 ---

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

C 1.

The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2.

This approval relates to the submitted documents and drawings MW07/A-02, MW07/A-03, MW07/A-04, MW07/A-05, MW07/A-01_07 and MW07/A-07 received on 13th September 2007 and 6th November 2007.

C 3.

Prior to the commencement of any works, there must be submitted to and approved by the Planning Authority, samples of the external roof tiles of the proposed extensions.

C 4.

In the interest of road safety sight lines of 2 metres by 36 metres shall be provided. Additionally, three no. off street parking spaces shall be provided to serve the needs of the dwelling.

C 5.

No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the planning authority and these works shall be carried out as approved. Details of the hard landscaping works including full details of the proposed driveway materials. The hard landscaping works shall be completed in full accordance with the approved details within 3 months of the first occupation of the dwelling hereby permitted and all planting shall be carried out in accordance the approved details in the first planting and seeding seasons following

that first occupation. Any trees or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the planning authority gives written consent to any variation.

C 6.

The proposed extension may be used only in association with The Old School Hall and for purposes ancillary to the use of The Old School Hall as a single dwelling house.

N 1.

The Applicant is recommended to consult with the Fire Safety Department to clarify the escape for persons from the first floor bedrooms and fire detection.

N 2.

The applicant is advised that there are Underground Cables/Overhead Lines present in the area indicated in the planning application. Please 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 be required to be diverted before any work can be carried out on site.

The applicant is also advised to contact the Manx Electricity Authority for Electrical Site Safety 5 documents, (Tel. 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 and GS6.

N 3.

For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49

Decision Made : ... Committee Meeting Date : ...