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The application site comprises the curtilage of a former tuck mill building that is located within Slegaby Farm complex in Onchan.
The proposed development comprises of the demolition of the existing tuck mill building and the erection of a replacement dwelling within the application site.
The application site and surrounding area has been the subject of a number of previous planning applications, three of which are considered specifically material to the assessment of this current planning application:
Planning application 01/01465/A sought approval in principle for (a) the rebuilding of Glenside Cottages, conversion of the tuck mill and the stone barn to living accommodation and refurbishment of Ballacottier Farmhouse and the Beggar's House; and (b) the refurbishment of the piggeries and Slegaby Farmhouse, Slegaby and Ballacottier, Onchan. This previous planning application was initially considered with part (a) approved and part (b) refused on the 16th November 2001, with the initial decision notices issued on the 21st November 2001. Copies of the initial decision notices for this previous planning application have been placed on the file for this current planning application.
Planning application 03/00470/B sought approval for refurbishment and extensions to create a dwelling, Tuck Mill, Slegaby and Ballacottier, Onchan. This previous planning application was initially considered and refused on the 14th November 2003, with the initial refusal decision notice issued on the 25th November 2003. The Planning Committee reconsidered and reversed their initial decision at review on the 26th March 2004, with the review approval decision notice issued on the 1st April 2004. Copies of the initial and review decision notices for this previous planning application have been placed on the file for this current planning application.
Planning application 06/01202/B sought approval for amendments to approved 03/00470/B to include changing facing stonework for staircase enclosure to curtain walling and approval of reserved matters set out in condition 4 of 03/00470/B, Tuck Mill, Slegaby and Ballacottier, Onchan. This previous planning application was considered and approved on the 21st September 2006, with the approval decision notice issued on the 25th September 2006. A copy of the decision notice for this previous planning application has been placed on the file for this current planning application.
Onchan District Commissioners recommend that the planning application be approved. The Department of Transport Highways Division do not oppose the planning application. The Isle of Man Fire and Rescue Service recommend the installation of smoke detectors.
The Society for the Preservation of the Manx Countryside and Environment objects to the planning application. The grounds for their objection can be summarised as concern regarding the loss of the building. They also express concern that whilst the description of development states demolition and reconstruction, a number of the submitted drawings refer to refurbishment.
The owner and/or occupant of The Glebe, which is located approximately 600 metres south west of the application, expresses an interest in the planning application. The majority of their representation refers to issues not directly related to the development proposed by this current planning application.
The owner and/or occupant of Seacliffe, which is located in Braddan, expresses an interest in the planning application. They suggest that the principle of residential use has been established but it is questionable whether the development proposed by the planning application accords with planning policy.
In terms of land use designation, the application site is located within an area of land designated as open space for particular purpose (private woodland or parkland) under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 2. The application site and surrounding area are annotated as Area 21 within the local plan. Planning Circular 1/2000, which constitutes the written statement to be read in conjunction with the local plan, contains two policies that are considered specifically material to the assessment of this current planning application:
"Outside those areas designated for residential development new dwellings will generally not be permitted within the local plan area. This applies particularly to the rural part of the district where the countryside is already protected by Planning Circular 1/88 the provisions of which will continue to be applied. In addition it should be noted that the countryside in its entirety within the district is designated by the local plan as of high landscape value and scenic significance in accordance with the provisions of the Island Strategic Plan Eastern Sector (Planning Circular 9/91)."
"The Department will consider favourably a proposal to convert the existing tuck mill into living accommodation where this retains the fabric and the appearance and character of the existing building. The applicant is advised to consult the Department of Local Government and the Environment’s Conservation Officer and Manx National Heritage prior to the formulation of a planning application."
In terms of strategic planning policy, the Isle of Man Strategic Plan 2007 contains five policies that are considered specifically material to the assessment of this current planning application.
"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."
"New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions 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:
"Conversion of existing rural buildings into dwellings may be permitted, but only where:
Such conversion must:
Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form.
Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character."
"The replacement of an existing dwelling in the countryside will generally be permitted unless:
In assessing whether a property has lost its habitable status by abandonment, regard will be had to the following criteria:
"In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost.
Where:
a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and b) there is an existing, usable track from the highway; and where c) a supply of fresh potable water and of electricity can be made available from existing services within the highway.
This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement buildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space measured externally, the extension measures less than 50% of that of the original)."
Before any assessment of the development proposed by the planning application is made, it is considered appropriate to clarify an apparent discrepancy within the submitted planning application. As highlighted by one representation to the planning application, the description of development refers to the demolition of the existing building and erection of a dwelling whilst a number of the submitted drawings refer to refurbishment. On the basis of pre-application discussions and the fact that submitted drawings show a new building on a different site to that of the existing one, it is evident that the description of development is correct and that reference to refurbishment is erroneous. This error does not invalidate the planning application and it is appropriate to assess the proposal on the basis of the description of development, which refers to the demolition of the existing building and the erection of a dwelling.
The planning application seeks approval for the demolition of the existing tuck mill building and the erection of a dwelling on a re-positioned location within the application site. The proposed dwelling is basically a new-build replication of the development that has planning approval through previous planning applications 03/00470/B and 06/01202/B. The proposal was the subject of on-site pre-application discussion.
The applicant's agents have set out their justification for the proposed development initially within the planning application form and subsequently by further letter to the planning application. Their reasoning for the demolition and reconstruction can be summarised as concern that the conversion of the existing building is compromised by a large mature sycamore tree that comes very close to the
building and that since planning approval was granted it has become apparent that there are significant structural difficulties with the conversion. They are now of the opinion that the erection of a new dwelling designed to replicate that proposed by the previously approved planning applications would overcome these problems, be visually beneficial and allow modern standard of energy efficiency to be incorporated.
In terms of planning policy and planning history, the refurbishment and conversion of the original existing tuck mill building was previously granted planning approval on the basis that the re-use of this redundant building accorded with Policy O/RES/P/15 of Planning Circular 1/2000 and initially a combination of Planning Circulars 1/88 and 3/89 and then Housing Policy 4 of the Isle of Man Strategic Plan 2007 (which effectively superseded Planning Circulars 1/88 and 3/89). As stated earlier in this report the relevant planning policy consideration in respect of this current planning application includes Policy O/RES/P/15 of Planning Circular 1/2000 and Housing Policies 4, 11 and 12 of the Isle of Man Strategic Plan 2007.
In respect of Planning Circular 1/2000 it can be seen that Policy O/RES/P/15 specifically refers to the conversion of the existing tuck mill into living accommodation where this retains the fabric and the appearance and character of the existing building. In terms of the proposed development, whilst it could be argued that the appearance of the existing building is essentially repeated by the proposed dwelling it is not conversion of the existing building and it does not retain the existing fabric. As such the development proposed by the planning application cannot be said to be supported by policy O/RES/P/15 of Planning Circular 1/2000.
In respect of the Isle of Man Strategic Plan 2007 it can be seen that Housing Policy 4 sets out the general stance on new dwellings. Based on an examination of this policy it can be seen that the demolition of the existing tuck mill building and construction of a new dwelling does not accord with Housing Policy 4 or any of the associated housing policies. Indeed, Housing Policy 11 specifically states that permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form. As there is no policy basis for the erection of dwellings to replace redundant buildings, the proposed development cannot accord with Housing Policy 12 and 13.
Taking account of the above it can only be concluded that the development proposed by the planning application is unacceptable. Although the justification for the proposed development put forward by the applicant is understandable, it remains that the starting point for the provision of a dwelling on the application site has to be planning policy, which seeks to retain and re-use the historic fabric when dealing with the refurbishment of redundant buildings in the countryside.
It is recommended that the planning application be refused.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
Recommended Decision: Refused Date of Recommendation: 04.12.2007
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
R 1.
Whilst Planning Circular 1/2000 specifically refers to the conversion of the existing tuck mill into living accommodation, and planning approval exists for such conversion, the erection of a new-build dwelling on the application site is not referred to within the aforementioned document. Indeed, the erection of a new-build dwelling is contrary to the application site’s land-use designation under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 2 and planning policies relating to development in the countryside that are contained within Planning Circular 1/2000 and the Isle of Man Strategic Plan 2007.
Specifically, the proposal represents unwarranted development that is contrary to Policy O/RES/P/22, and not in accordance with Policy O/RES/P/15, of Planning Circular 1/2000. Furthermore in this respect, the proposal is also contrary to the provisions of Environment Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2007 that seek to protect the countryside from unwarranted development. It is should be noted that, as stated within Housing Policy 11 of the Isle of Man Strategic Plan 2007, the erection of replacement buildings of similar, or even identical, form is not permissible.
Decision Made: Refused Committee Meeting Date: 20/12/07
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