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22/00473/B Page 1 of 16
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00473/B Applicant : Miss Elizabeth Didham Proposal : Reinstatement to dwelling, erection of two storey rear extension and rear pitch roof dormer, and alterations (including roof lights, re-rendering, re-roofing, chimney repair, and new window and door installations) Site Address : Ballamaddrell Cottage Grenaby Road Ballabeg Castletown Isle Of Man IM9 4HD
Planning Officer: Mr Paul Visigah Photo Taken : 06.02.2020 Site Visit : 06.02.2020 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.11.2022 __
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 development shall be undertaken under the following classes of Schedule 1 of the Order at any time:
Class 14 - Extension of dwellinghouse Class 15 - Garden sheds and summer-houses Class 16 - Fences, walls and gates Class 17 - Private garages and car ports
Reason: To control future development on the site.
C 3. Notwithstanding the submitted details, details of all external facing materials including windows, doors and external walls, shall be submitted to and approved in writing by the
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Department. The development shall not take place other than in accordance with the submitted details.
Any energy efficiency upgrades within the building should be in accordance with the recommendations of Historic England's Guidance to Energy Retrofit of Traditional Buildings
Reason: In the interests of the character and appearance of the site and surrounding area.
C 4. The development hereby approved shall not be occupied or operated until the access/driveway, parking and turning areas have been provided in accordance with the approved plans (Drawing Nos. JD2/1 and JD2/2). Such areas shall not be used for any purpose other than for access, parking, and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that the development will not compromise the free flow of traffic or highway safety.
C 5. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved.
Details of the hard landscaping works to include details of landscaping/pedestrian paths to the front of the dwelling, driveways, parking and turning areas, and patio area shall also be provided. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwellings hereby permitted.
All further 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 within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 6. Prior to the commencement of the development hereby approved, details of the proposed foul sewage and surface water drainage system[s] including biodisc shall be submitted to and approved in writing by the Department.
The strategy shall not include any discharge to the abutting land to the east.
No part of the development shall be occupied until the agreed foul sewage and surface water drainage system has been implemented.
The foul and surface water drainage system[s] shall be permanently retained thereafter in accordance with the approved scheme.
Reason: In order to ensure that adequate drainage facilities are provided, and retained, in the interests of the amenity of the area.
C 7. No development shall be commenced until an Updated Tree Plan prepared in accordance with the recommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction) has been submitted to and approved in writing by the Department. Such a scheme shall include details of all trees and other planting which are to be
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retained; a planting specification to include numbers, species and positions of all new trees and shrubs; and a programme of implementation.
Any retained tree which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.
Reason: To safeguard the existing trees and planting to be retained within the site.
C 8. Prior to the removal of any tree on site, a Pre-Felling Risk Assessment by a suitably qualified ecologist shall be submitted to and approved in writing by the Department, as the trees on site were found to have potential roost features for bats.
Reason: To provide adequate safeguards for the ecological species existing on the site.
C 9. The development hereby approved shall not be commenced until a Bat and Bird Box Plan have been submitted to an approved in writing by the Department.
This plan should provide details, including the specifications and location of 1x bird nest brick suitable for common starling on northern elevation of the building and 1x bat box suitable for crevice roosting species on the southern elevation of the building.
The Bat/Bird boxes shall be retained thereafter.
Reason: To provide adequate safeguards for the ecological species existing on the site.
C 10. Prior to any works (including site clearance) commencing on the site, a Precautionary Working Method Statement for lizards, breeding birds and Schedule 8 plants, written by a suitably qualified ecological consultancy, shall be submitted to and approved in writing by the Department.
The statement shall include the provision of a new hibernacula feature for lizards in a sunny spot close to a boundary hedge or wall.
The development shall not be carried out other than in accordance with the submitted Method Statement.
Reason: To provide adequate safeguards for the ecological species existing on the site.
This application has been recommended for approval for the following reason. The proposal is considered to respect the proportion, form and appearance of the existing dwelling as required by Housing Polices 13 and General Policy 2 of the Strategic Plan, and Planning Circular 3/91, and would not harm the character and quality of the landscape or adversely affect the countryside and its ecology, and therefore comply with Environment Policies 1, 4 and 5, and General Policy 3 of the Strategic Plan.
Plans/Drawings/Information;
This approval relates to the submitted documents, Correspondence and plans received on 07 April 2022, 16 June 2022, 22 June 2022, 23 August 2022, 13 September 2022, 15 September 2022 and 3 October 2022, and Agents Correspondence received 13 November 2022.
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Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Manx Utilities Authority Electricity
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
The owner/occupiers of Heatherfield, 13 Victoria Road, Port St Mary, as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Ballamaddrell House, Ballabeg, Arbory; and 12 Croit ny Glionney, Colby,
As they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL DOES NOT COMPLY FULLY WITH HOUSING POLICY 13 OF THE STRATEGIC PLAN BUT IT IS RECOMMENDED FOR APPROVAL
1.0 THE SITE 1.1 The site is the curtilage of an existing two storey traditional cottage with external walls finished in Manx stone which has its external wall finished in lime/render, while the roof is finished in grey slate roof tiles, situated on the eastern side of Grenaby Road (B40). The house sits on a triangular plot and at the intersection between Grenaby Road and the dirt road serving the dwellings to the east of the site (Lower Ballavarkish and Thie Kella).
1.2 The existing dwelling on site is currently in poor form with large sections of the eastern elevation and rear elevation are covered in overgrown shrubs which has grown into the building's fabric and now screens large sections of the dwelling; a condition that reinforces the property's level of dereliction.
1.3 The vehicular access appears to be at the rear of the property, although this is not clearly defined as the site is covered in significant amounts of wild shrubbery. The existing pedestrian entrance is located to the southern corner of the plot with access onto the Grenaby Road. The majority of the site is made up of a garden with a considerable number of mature trees sprung along its boundary; some of which has been partly felled and recently trimmed.
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2.0 PROPOSAL 2.1 The application seeks approval for reinstatement to dwelling, erection of two storey rear extension and rear pitch roof dormer, and alterations (including roof lights, re-rendering, re-roofing, chimney repair, and new window and door installations). This proposal which seeks refurbishment of the derelict house which has lost its habitable status would involve:
i. Renovating the entire house and erecting a new two storey extension at the rear of the existing building. The new extension would project 6.1m from the rear of the existing dwelling, be 6.4m wide and 6.6m high (4.5m to the eaves). This rear extension which would have its ground floor level set about 1m below the floor level of the main dwelling due to the topography of the site would also have its roof ridge set about 100mm below the main roof ridge. The roof of the extension would be finished in slate, while the external walls would have exposed stone work. The new extension would have large sections of glazing to improve solar gain and natural lighting.
ii. Works on the existing dwelling would involve reinstating the slate roof over the dwelling and with the external walls re-rendered in lime render. New Georgian style sliding sash and casement windows would be installed to reinstate the previous windows appearance on the dwelling. There would also be works on the existing chimney stack on the roof to reinstate its original appearance.
iii. The works would also involve the erection of a pitch roofed dormer on the rear roof plane of the dwelling. The new dormer would be 2.1m high, be set 100mm below the main roof ridge, and be positioned about 930mm away from the eaves at the rear. The dormer would also have a Georgian style sliding sash window to reflect the window appearance on the dwelling. The dormer cheeks would be finished in painted render to match the appearance of the main dwelling.
2.2 This new extension would create a new floor area measuring about 78sqm on both the ground floor and first floor areas which would measure about 53.6% of the existing dwelling which has a floor area measuring 145.44sqm (measured externally). The new dwelling would have a utility, bedroom with ensuite, entrance hall, lounge and garden bedroom with ensuite (with retractable sliding partition between the lounge and bedroom on the ground floor. The first floor would have an open plan lounge/kitchen and dining area, a separate lounge, and a mezzanine bedroom with ensuite.
2.3 Other works proposed would include: i. Installing a new velux rooflight measuring 400mm x 750mm on the rear roof plane and by the new dormer to serve the stairs. ii. Installing a skylight on the southern roof plane of the new extension. iii. Creating a large raised patio area at the rear of the dwelling, built along the rear (east) and south elevation of the new extension. iv. Installing electric vehicle charging point on the northern elevation of the extension. v. Erecting a bicycle shed measuring 2m x 2m on the eastern boundary of the site. No details of material and height have been provided. vi. Installing rain water tank on the south elevation of the main dwelling. No details have been provided on the design, appearance, and volume of water it can hold, or whether it would be above ground or subterranean. vii. Installing a new soakaway and biodisc that would discharge into stream by the eastern boundary of the site. No details have also been provided on the proposed biodisc. viii. Installation of solar panels. No details provided. ix. The existing vehicular access will be retained but with modifications to the driveway and the removal of trees at this section of the site to improve access to the site.
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2.4 Three mature trees would be lost to works, although four additional trees will be planted at various sections of the site. The works would also involve extensive landscaping works to improve the entire site area.
2.5 The applicants have provided Letter which gives a clear description of the scheme, as well as the considerations that guided the design of the scheme. This letter also addresses matters related to ecological considerations, and issues related to low voltage line that crosses the site.
2.6 The applicant describes the condition of the existing dwelling as dilapidated. A Structural Inspection Report (by BB Consulting Engineers) dated 19 May 2020 has also been provided by the applicants as supporting information to support the claims. This report also indicates that the building is capable of renovation.
2.7 A protected Species Report prepared by Manx Wildlife Trust and dated December 2021 was submitted as supporting information. This report concludes that the site has the potential to support protected species, including bats, birds, and common lizards. It recommends mitigation measures and stipulates that further survey is required.
2.8 Another protected Species Report prepared by Manx Wildlife Trust and dated August 2022 was submitted as requested by the previous survey. It concludes that there is no evidence of bat roost, although it recommends a precautionary approach along with potential enhancement features. Common Pipistrelle was found to be evident along the boundary of the site.
3.0 PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the South (APS) (2013) as not for any particular purpose, and the site is not within a Conservation Area. The site is not within a Registered trees area or flood risk area and there are no registered trees on site. The site also lies within an area of Incised Slopes on the draft Landscape Character Appraisal where the key objectives are: "i. To protect the tranquil, rural character of the area with its open views. ii. Sensitive location of new buildings and the use of screen planting. iii. Avoidance of physical or visual amalgamation of roadside housing. iv. Protection and enhancement of the identity of Ballabeg and Colby by the conservation of the rural character of the adjacent landscape."
3.2 The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EP 1 and GP3). However there is provision within Housing Policy 13 to enable the reinstatement of rural dwellings which have lost their former residential use by abandonment through the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost.
3.3 Housing Policy 13 states: "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.
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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(3) measured externally, the extension measures less than 50% of that of the original)."
3.4 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).
3.5 Paragraph 8.12.2 Extensions to properties in the countryside "As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside. Care therefore, must be taken to control the size and form of extensions to property in the countryside. In the case of traditional properties, the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be acceptable where these destroy the existing character of the property. In the case of non-traditional properties, where these are of poor or unsympathetic appearance, extensions which would increase the impact of the property will generally not be acceptable. It may be preferable to consider the redevelopment of non-traditional dwellings or properties of poor form with buildings of a more traditional style and in these cases, the Department may consider an increase in size of the replacement property over and above the size of the building to be replaced, where improvements to the appearance of the property would justify this."
3.6 Since the proposal seeks to re-establish the residential status of the site, it would be relevant to consider the general standards of development as set out in General Policy 2, particularly as it relates to the following elements, which requires that the scheme: (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
3.7 Strategic Policy 1 states: "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 re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
3.8 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
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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: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
3.9.1 Appendix 7: "Typical Residential - 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling".
3.10 Environment Policy 1 states: "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."
3.11 Environment Policies 4 and 5 seek to protect the ecology of sites and important habitats.
3.12 Strategic Policy 4: 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; and (c) not cause or lead to unacceptable environmental pollution or disturbance.
3.13 Other policies within the Strategic Plan which are considered relevant to the proposal are; Infrastructure Policy 5, and Community Policies 7, 10 and 11.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Planning Circular 3/91 (Guide to the Design of Residential Development in the Countryside) is considered relevant. The section on 'Proportions and Form' on page 4 provides advise on how to make variations to the floor area of traditional buildings (extensions).
4.1.2 Policy 3 states: "The shape of small and medium sized new dwellings should follow the size and pattern of the traditional farmhouse. They should be rectangular in plan and simple in form. Extensions to existing buildings should maintain the character of the original form".
4.1.3 Policy 4 states: "External finishes are expected to be selected from a limited range of traditional materials". The supporting texts to policy 4 states that "Modern construction and materials may be used to achieve a similar external appearance".
4.2 The Isle of Man's First Biodiversity Strategy 2015-2025
4.2.1 Habitat loss "Biodiversity is being lost around the world despite the CBD target to halt biodiversity loss by 2010. Monitoring of indicators is required to quantify biodiversity losses, confirm the main causes and enable targeted action to halt this trend.
Our knowledge of Manx terrestrial habitats and land use is based on maps made between 1991 and 1996. This urgently needs revising in order to quantify habitat changes, understand the reasons and address the causes. Loss is caused not just by active destruction, but also lack of
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effective management and natural changes such as scrub invasion. Wildlife legislation on the Isle of Man is designed to prevent habitat loss".
4.2.2 Habitat loss actions "21. DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for. 22. By the end of 2015 complete a land use and terrestrial habitat assessment to understand rates of habitat loss, use this information to help prioritise habitat and species conservation, through Biodiversity Action Plans, and consider how to monitor success".
5.0 PLANNING HISTORY 5.1 The application site was the subject of a recent application for Approval in principle for the erection of a replacement detached dwelling addressing matters of siting, access, internal layout, external appearance and design under PA 20/00060/A. This sought to demolish the existing dwelling and replace it with a new dwelling. The application was refused for the following reasons:
"1. The proposed development would fail to comply with Housing Policy 12 (b) given that the existing dwelling is of architectural or historic interest and is capable of renovation, with the scheme failing to demonstrate intention to restore, despite the structural condition of the dwelling which is suitable for restoration.
Notwithstanding the first reason for refusal, the planning application a) fails to demonstrate that the property has not lost its habitable status by abandonment; and b) does not provide sufficient information with regard to evidence of intervening use as stipulated in Housing Policy 12 and as such is considered to fail the requirement of Housing policy 12 (a) for replacement dwellings.
The proposed development in terms of its approach to the formation of a new dwelling will fail to comply with Housing Policy 13, given that it is a rural dwelling which has lost its former residential use by abandonment as measured against the criteria set in Housing Policy 12.
There is insufficient information provided with regards to trees and bats at the site which would lead to a conclusion that there would be no adverse impact in respect of these issues. The unacceptable loss or harm to the trees having an impact on the character of the site contrary to General Policy 2 (f) and (g) and the cumulative loss of the dwelling and trees without sufficient mitigation being provided would result in an unacceptable adverse impact on protected species and their habitat contrary to Environment Policies 1 and 4."
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose'(15 April 2022/29 April 2022/26 August 2022/16 September 2022/23 September 2022). They note that they find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking. They also welcome the installation of bicycle parking and electric charging point.
6.1.1 DOI Highways Division have also indicated in their most recent consultation dated 1 November 2022 that they make no further comment to their last consultation response on 23 September 2022.
6.2 Manx Utilities object to the application as there is a low voltage overhead line in the area of the planning application. They however, provide a phone line for contact should works
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be required to divert the overhead line. They also note that Manx Utilities will not accept liability for any costs incurred for this work.
6.2.1 In response to this consultation comment, the applicants have indicated via their Letter dated 1 March 2022 that they are willing to pay for the line diversion by Manx Utilities should approval be granted for the scheme.
6.2.2 Manx Utilities have made the following comments in their most recent consultation comments dated 8 November 2022: Following discussions between the applicant and our engineer, subject to the agreed removal of the existing overhead line, Manx Utilities would like remove their objection to this planning application.
6.3 The Ecosystem Policy Team have made the following comments regarding the application (03 May 2022/28 September 2022): o They are glad to see that biodiversity was considered at an early stage of this application and we can confirm that we are happy with the Manx Wildlife Trust's Protected Species Report dated December 2021.
o They request that a condition is secured for a pre-felling risk assessment to be undertaken by a suitably qualified ecological consultancy prior to the felling of any trees and should potential roost features for bats be found then additional mitigation be integrated on site, to be advised by the ecologist.
o They request that a bat and bird box plan is submitted to Planning for written approval prior to works commencing. This plan should provide details, including the specifications and location of 1x bird nest brick suitable for common starling on northern elevation of the building and 1x bat box suitable for crevice roosting species on the southern elevation of the building.
o They also request that a condition is secured on approval for a Precautionary Working Method Statement for lizards, breeding birds and Schedule 8 plants, written by a suitably qualified ecological consultancy, to be submitted to Planning for written approval prior to works (including clearance and enabling works) taking place, and for the works to then be undertaken as per the agreed statement. They also believe that this statement should include the provision of a new hibernacula feature for lizards in a sunny spot close to a boundary hedge or wall.
6.4 DEFA's Arboricultural Officer has made the following comments regarding the application (13 May 2022/ 26 August 2022): o Due to the removal of at least 1 category B tree, a >50% reduction in canopy cover, and inadequate mitigation planting, I am forced to object to this application.
o Given the very low amenity value of the trees for removal, and the relatively low number of trees for removal, I believe the proposal would be acceptable if the mitigation was improved.
o Mitigation could be improved by planting one additional tree adjacent to the roadside, and one in the south-east corner of the plot, as per in the attached image.
o They request that an updated 'Tree Plan' be made a condition of approval, and note that if this is done, they would have no objections to this proposal.
6.5 DEFA's Principal Registered Buildings Officer has made the following comments regarding the application in a letter dated 15 August 2022:
o He supports the retention and reuse of the property and therefore the proposal.
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o He states that in order to safeguard the character of this vernacular cottage, timber windows and doors should be used on principal elevations. o He advises that any new render to the main dwelling should be on traditional material and states that details of any proposed render and other materials should be conditioned to safeguard the buildings character and appearance. o Any energy efficiency upgrades within the building should be mindful of Historic England's Guidance to Energy Retrofit of Traditional Buildings, as the use of inappropriate materials could lead to the creation of damp issues at a later stage.
6.6 Arbory Commissioners consider the application is a significant improvement on previous applications, but are concerned with the significant tree loss with the development (29 April 2022).
6.6.1 Arbory Commissioners have indicated that they support the application in their most recent consultation dated 22 November 2022.
6.7 The owner/occupiers of Heatherfield, 13 Victoria Road, Port St Mary (who own the adjacent land) object to the application on the following grounds (29 July 2022). o Water run-off will be directed into field that is part of their holding and that this could impact the land which is farmed. o Considerable water accumulations in the southeast corner will be exacerbated by any extra hard standing. o Discharge of foul water from biodisc into their field. o The site currently has no access and parking. Additional hardstanding to create this would result in further flooding. o Removal of trees and hedging, noting that trees.
They flowing comments were also made: o They note that the drawings of the existing elevations do not show the existing retaining wall, that supports the road. This must not be removed. It is not just a supporting wall but an integral part of the character of the cottage. o They refer to the original layout of the cottage and note that the existing plan does not reflect the original layout. o The reiterate the need to protect the islands built heritage.
6.7.1 Having reviewed the comments by the owner/occupiers of Heatherfield, 13 Victoria Road, Port St Mary, the applicants have sent in correspondence dated 4 October 2022 which states the following: o The outflow from the biodisc was intended to flow south to the ditch that runs along the farm lane, not eastwards into the neighbouring field. This has been corrected on the amended site plan. o Access off the road was not "created a couple of years ago". When the cottage was occupied, a tractor used to enter the rear garden via this entrance to plough the land for potatoes. This application only re-established this entrance by cutting back vegetation. o Parking is feasible inside this entrance. They note that they are keen to ensure that (once occupied) there will normally be no need for vehicles to park on the road. o Regarding tree removal, one cherry tree on the north side was removed (reluctantly) with permission as it would be on or very close to any extension to the cottage. It was also very close to the power line. They note that they plan to plant several new ones and shrubs. o They appreciate that new trees do not immediately replace old ones. However, they will be installing bat and bird boxes on site to help mitigate loss of habitat in the short term. o No part of the eastern bank (the boundary) is being removed, indeed it will be enhanced by additional tree and shrub planting. The cottage's north wall, which supports the road, will not be removed but will need thorough checking by a structural engineer and possibly repairing/strengthening.
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6.7.2 Further to the correspondence provided by the applicants, the applicant's agent has sent in correspondence dated 13 November 2022 which seeks to address the concerns related to drainage into the adjacent land to the east of the application site. The correspondence indicates that the applicants will comply with an approval condition that require an updated drainage scheme that would not discharge into the adjacent site.
6.8 The Owners/Occupiers of Ballamaddrell House, Ballabeg, Arbory, have made the following comments regarding the application (5 September 2022): o The comment refers to marshy conditions within the adjacent field. o It states that the plan would severely impact the ecology of the area; ad note that a cherry tree has already been felled that was locally known as the Bee Tree, but also an original sod hedge has been bulldozed. o The representation states that water run-off from the extra hard standing will increase the threat to an already flood prone area. It also states that the clay soil in the area is very slow to drain. o The comments refer to impact of building works on access by residents and farmers alike and state that the works would disproportionately disrupt many people including those times when the road is used as a relief road at race times.
6.9 The owner/occupiers of 12 Croit ny Glionney, Colby, have indicated support for the scheme with the following comments (2 November 2022): o They note their interest in purchasing Ballamaddrell Cottage and understand that the application is to be considered by the Planning Committee shortly. o They state that they are keen to see the cottage restored and state their historic ties to the original dwelling and the area. o They note that they have researched how best to restore the cottage and have read and considered Historic England's guidance as suggested by the Registered Buildings Officer. o They note that they have also taken advice from friends who have renovated Manx stone buildings using lime render systems and have kindly been permitted to view two local properties where there has been a conversion of a barn in the first instance and in the second, a modern extension to an old Manx cottage, to gain a better understanding of the renovation process. o They state that they are keen to maintain the integrity of the existing cottage and wish to keep it as close to its original form as possible whilst sensitively extending to make this a family home. o They state that their daughter has just started at Arbory School, and having lived in Arbory for almost 10 years, this is where they would like to remain.
7.0 ASSESSMENT 7.1 The main issues in the assessment of this application are: i. The principle of the proposed development ii. The structural condition of the building and its adequacy for renovation and extension; iii. Impact of the proposal upon the character of the building; iv. Impact of the proposal upon the amenity of the landscape; v. The ability to provide services to the property and the associated impact of this. vi. Impacts upon highway safety vii. Impact on trees/ecology;
7.2 THE PRINCIPLE (GP 3B, HP 13 & STP1) 7.2.1 In assessing the principle of the proposed development, it is considered that whilst the site is not designated for development, the principle of reinstating and extending the existing dwelling is considered acceptable and compliant with General Policy 3 and Housing Policy 13, given that the existing fabric would be used together with an extension to from the new dwelling on site.
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7.2.2 Additionally, the scheme would ensure the restoration of a derelict dwelling (Strategic Policy 1) which still bears architectural, historic, or social value and interest. This is, however, not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the current scheme proposed for the site is appropriate.
7.3 THE STRUCTURAL CONDITION OF THE BUILDINGS (HP 13) 7.3.1 In terms of determining the suitability of the existing building on site for renovation and extension, it is vital to reiterate here that the existing dwelling on site has lost its habitable status. However, the existing building is substantially intact as the walls are still substantially intact, although they would still require some works to ensure that any new building they form is habitable. In fact, the current state of the buildings on site is well above that required by Housing Policy 13 which requires that there being at least three of the walls, standing up to eaves level and structurally capable of being retained, as all the walls are still in place.
7.3.2 The above is clearly indicated in the Structural Inspection Report (by BB Consulting Engineers) dated 19 May 2020 that has been provided by the applicants as supporting information which concludes that the perimeter and internal load bearing walls of the dwelling are in a satisfactory condition. This report also states that the walls are reasonably straight, true and plumb, although there are cracked sections on the walls which are not progressive, which some of the walls needing to be rebuilt. In fact, this report reinforces the fact that the building could be renovated, although with substantial works to the roofs to create a new roof structure for the dwelling. Based on the foregoing, it is judged that the building is structurally capable of renovation with the scheme considered to comply with the requirements of HP13.
7.4 VISUAL IMPACT OF THE PROPOSAL UPON THE CHARACTER OF THE EXISTING BUILDINGS (HP 13, HP 15, & GP 2) 7.4.1 In terms of the visual impact of the proposal on the existing dwelling, it is noted that the proposal seeks to form a single dwelling from the existing built fabric of the dwelling on site, together with a two storey extension which is of traditional form, although including modern elements in the form of large glazed sections on the east and south elevation which do not directly abut the highway. As HP13 makes provision for re-establishing the ruined fabric and extensions, placing emphasis on the need to ensure that any new extensions are subordinate to the building to which they would be attached, it is not considered that the scheme would fail this requirement as its roof ridge would be set lower than the existing dwelling. Also its indented position on the sides would ensure this appears as an extension to the main dwelling.
7.4.2 Whilst it is noted that the proposal would result in an extension that is over the stipulated 50% increase over the existing, it is not considered that the additional 3.6% increase over the stipulated 50% would be such that would prevent the extension from being subordinate to the main dwelling.
7.4.3 The other key issue in evaluating the visual impact of the proposal relates to whether the design, proportion and form of the extension would be an appropriate given the traditional nature of the existing buildings here. In this case, it is considered that the extension would align with the requirements of Planning Circular 3/91 which favours a pitch or lean-to roof over the extension as illustrated in the supporting texts and illustrations to Policy 3 of the Circular which stipulates that additions to basic form (flat roofs) are not acceptable. Additionally, the retained vegetation along the boundary of the site and the use of slate tiles to re-establish the roof over the main dwelling and over the extension, as well as the use of natural stone (un- rendered) to create the walls of the extension would ensure that the scheme blends into the character of the site and area.
7.4.4 Accordingly, it is considered that the visual impact of the scheme would be acceptable and compliant with the aforementioned policies.
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7.5 IMPACT OF THE PROPOSAL UPON THE LANDSCAPE (SP 4, GP 2 (C & F), AND GP 3 (C), AND PLANNING CIRCULAR 3/91) 7.5.1 With regard to impacts on the landscape, it is considered that the existing buildings have a presence within the landscape which could be considered positive given the unique appearance of the existing dwelling which blends with the vegetation along the site boundary and on site. What is proposed here would retain the building which is now an established part of the landscape, whilst integrating a modern element which would offer a modern contrast in addition to allowing the existing dwelling provide a visual reference to the Island's countryside heritage.
7.5.2 Whilst the new building fabric would include the new stone finished element with large modern fenestrations and glazing, the design and form of this extension, as well as the nature of the land around the site (particularly from the abutting highway would ensure that the extension is not prominent or result in adverse visual impacts when viewed from the surrounding area.
7.5.3 Another key factor which weighs in favour of the development in terms of impacts on the landscape is the fact that the proposal would include tree plantings to make up for tree loss, retain the boundary walls and sod banks, as well as other improvements that have been stipulated in the Preliminary Ecological Assessment such as planting of native trees on site, and removal of invasive plant species which would all benefit the quality of the landscape on site and in turn the surrounding countryside landscape.
7.5.3 Overall, as the development would retain significant portions of the built fabric for the affected rural building, follow the traditional form, and retain the existing landscaping on site and along the site boundary, it is considered that that the development will ensure the retention of the Islands built heritage, and improve the appearance of what has now become a derelict fabric; thus complying with Strategic Policy 4, General Policy 2, General Policy 3b of the Strategic Plan, and Planning Circular 3/91.
7.6 RESIDENTIAL AMENITIES AND SERVICES FOR FUTURE OCCUPANT (HP13 AND GP2H & J) 7.6.1 The internal accommodation of the proposed dwelling consists of a three bedroom dwelling (all with ensuites), a utility, entrance hall, a lounge, and an open plan lounge/kitchen and dining area. It is also considered that the internal accommodation would be an acceptable size, and all primary rooms would have adequate level of outlook and light. It is also worth noting that due to the properties location, views from the dwelling itself would be over fields and surrounding vegetation.
7.6.2 Dwellings formed in accordance with HP13 are required to be able to obtain a supply of fresh potable water and of electricity from existing services within the highway. There is, however, nothing to suggest that this cannot be achieved as there are existing dwellings located along the Grenaby Road and the rear lane which abuts the site. The site is also not so detached from the neighbouring properties that it would not benefit from main electricity services. Besides, its position within the landscape is such that would benefit from solar energy sources should they be required. It is considered that such provision could be made in a manner which would not have unacceptable impacts upon the countryside. The site also adjoins an existing highway to the north and there is an existing usable track from the highway to the rear which could also serve as an alternative access should it be required.
7.6.3 These elements of the scheme are, therefore, considered to comply with the requirements of Housing policy 13 (b & c) and General Policy (h & j).
7.7 IMPACTS UPON HIGHWAY SAFETY (GP 2, HP 13, TP 4 AND 7)
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7.7.1 With regard to impacts on highway safety, it is noted that HP13 requires at Part b) that there is an existing, usable track from the highway to serve a dwelling formed from an abandoned (non-habitable) dwelling. In this case, the dwelling already has an existing opening on the boundary wall which can safely and conveniently serve as access to the highway, as such the requirement of HP 13 (b) has been met in this regard.
7.7.2 Likewise, the new site layout would enable the creation of at least three (3) new parking spaces within the curtilage with provision for one vehicle charging point, as well as an additional provision for secure cycle storage within the site, which would be well over the required parking provisions for residential properties. As such, the requirements of GP2 and TP 7 are met in this regard.
7.7.3 It is also important to note that the Highways Division have reviewed the scheme and raise no opposition to the proposal.
7.8 IMPACT ON SITE ECOLOGY/TREES (GP2, EP 1, EP4 & SP 4) 7.8.1 In terms of impacts on trees, it is considered that the proposal would involve the removal of three mature trees on site, although new native trees would be planted on site as required by DEFA forestry which would be a positive for the development. A condition would, however, be imposed to ensure that an updated 'Tree Plan' be provided by the applicants to ensure that the requirements of DEFA forestry to achieve appropriate mitigation on site for the tree loss is met.
7.8.2 With regard to impacts on ecology, it should also be noted that the application is supported by Protected Species Reports which show that the site has potential to support protected species, including bats, birds, and common lizards. These reports have been reviewed by the DEFA Ecosystem Policy Team who do not object to the application but have recommended a number of conditions to ensure that there are no adverse impacts on the ecology of the site. As any adverse impacts would be effectively controlled by the recommended conditions and implementation of the recommended mitigations in the Protected Species reports, it is considered that the proposal would comply with the requirements of Environment Policies 4 and 5, as well as General Policy 2 (d).
7.9 OTHER MATTERS 7.9.1 The comments regarding the discharge of run-off and foul discharge from the site and biodisc into the adjoining land area is noted. However, this has been addressed by the applicants who are willing to provide an alternative drainage system for the site. As such, a condition would be imposed to ensure that an updated drainage scheme is submitted and that there is no discharge from the site into the adjoining land. This would ensure that the concerns regarding discharge of surface water and foul (via biodisc) into the adjacent site is addressed within the current scheme.
7.9.2 The matters related to impacts of construction works on traffic and general construction impacts, bear no weight as material planning considerations and as such cannot be considered in the assessment of this planning application. These issues would be better addressed via the appropriate legislation outside the remit of planning.
7.9.3 All other matters highlighted by the submitted representations which border on historic character, access, parking, trees and boundary treatment have been addressed in other sections of the assessment and as such would not be reconsidered here.
7.9.4 No other concerns have been noted.
8.0 CONCLUSION
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8.1 Overall, it is considered the proposal would comply with General Policy 3, Environment Policies 1, 4 and 5, and Housing Policy 13 of the Isle of Man Strategic Plan, and Planning Circular 3/91. Therefore, the proposal is recommended for approval.
9.0 INTERESTED PERSON STATUS 9.1 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.
9.2 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
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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:...05.12.2022
Signed :...P VISIGAH... 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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