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Application No.: 22/00819/B Applicant: Mr & Mrs Greenhalgh Proposal: Replacement Dwelling and Integral Garage Site Address: The Warren Clannagh Road Santon Isle Of Man IM4 2HP Planning Officer: Mr Paul Visigah Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 03.10.2022
C : Conditions for approval N : Notes attached to conditions
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.
Reason: In the interests of protecting and enhancing the biodiversity of the environment, and to ensure that the development does not contravene Environment Policy 4 of the Strategic Plan.
approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
This application has been recommended for approval for the following reason.
Overall, it is considered the proposal would be acceptable, having no adverse impacts upon private or public amenities and complying with the Area Plan for the East, and Environment Policy 1, General Policy 3, and Housing Policies 12 & HP14 of the Isle of Man Strategic Plan.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings received on 7 July 2022, and Covering Letter and Amended drawings received 22 August 2022. _______________________________________________________________
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 National Heritage _____________________________________________________________________________
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL DOES NOT COMPLY FULLY WITH HOUSING POLICY 14 OF THE STRATEGIC PLAN BUT IT IS RECOMMENDED FOR APPROVAL
1.0 THE SITE - 1.1 The site is the residential curtilage of an existing dwelling, The Warren, which sits on the western side of the Clannagh Road which links the A5 and the Stuggadhoo. Immediately to the south east of the site is another dwelling, Clannagh House which sits to the south east of the application dwelling. To the south west of the site and the dwelling is a third dwelling, Ballacorris Croft.
1.2 The existing dwelling on the application site is set below the level of the road but is visible therefrom with Clannagh House being higher and more prominent from the highway. Both properties appear as relatively modern properties with tiled roofs and light coloured, rendered walls set in relatively spacious grounds which are mostly lawned. These properties are also visible from much further south, near St. Mark's as white rectangles sitting in a rough line along the southern side of Chibbanagh. - 1.3 The existing dwelling has a detached garage between it and the road and a detached outbuilding at the lower, south western end of the site.
2.0 THE PROPOSAL - 2.1 The proposal seeks planning approval for Replacement Dwelling and Integral Garage. The new dwelling is a modification of replacement dwelling previously approved under PA
2.2 The replacement dwelling will still sit on the footprint of the former dwelling, garage and outbuildings, but similar to the approved layout, although the footprint of the proposed house has been reduced. The new dwelling would be 30.5m long at the longest elevation (southwest and northeast), and 25.5m long on the shorter elevations (southeast and northwest). The building would be about 7.9m high when viewed from the front elevation and about 11.3m high when viewed from the rear. The roof would be finished in imitation slate or concrete interlocking tiles, while the windows would be black framed windows. - 2.3 The applicants have stated in their supporting information that the footprint of the proposed house is now 602.7sqm compared to the existing which was 737.4sqm, but slightly re-orientated towards the south west. This re-orientation has been done to optimise the effectiveness of the solar panels on the roof. The new orientation will also assist with natural light and heating.
2.5 The proposed house has a floor area, over both the ground and lower ground floor, of 985sqm, which is 9% larger than the previously approved house (901.3sq m). This increase would result in a 59% increase in floor area over the former dwelling which has a floor area measuring 588sqm.
2.6 The dwelling now proposed follows the general design approach of the approved scheme but with a more vertically oriented style, overall presenting a more modern and interesting dwelling with a more consolidated form and with stone outer sections, pitched roofed links. - 2.7 Air source heat pump technology is to be used to generate heating and hot water and are to be located so as not to cause noise issues for neighbours, the nearest of which, Clannagh House is more than 40m from the nearest point of the proposed dwelling. - 2.8 The applicants have argued that:
2.9 Other works proposed:
3.1 The site lies within an area designated as not for a particular purpose and also within a Landscape Character Area (a classification system which replaced the Areas of High Landscape or Coastal Value and Scenic Significance in the East) of Incised Inland Slopes on the Area Plan for the East (2020). The site is not within a Conservation Area or susceptible to flooding. Also, the site is not within a Registered tree area and there are no registered tree on site.
3.2 The Area Plan for the East Landscape Character Appraisal provides the following advice for the area in which the application site sits:
3.3 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 General Policy 3 for
the replacement of existing rural dwellings as an exception to this presumption against development in the countryside.
3.4 Housing Policy 14 provides guidance on the erection of replacement dwellings and states: Housing Policy 14 states: "Where a replacement dwelling is permitted, it must not be substantially different to the existing in terms of siting and size, unless changes of siting or size would result in an overall environmental improvement; the new building should therefore generally be sited on the "footprint" of the existing, and should have a floor area which is not more than 50% greater than that of the original building (floor areas should be measured externally and should not include attic space or outbuildings). Generally the design of the new building should be in accordance with Policies 2-7 of the present Planning Circular 3/91 (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for buildings of innovative, modern design where this is of high quality and would not result in adverse visual impact; designs should incorporate the re-use of such stone and slate as are still in place on the site, and in generally, new fabric should be finished to match the materials of the original building.
Consideration may be given to proposals which result in a larger dwelling which involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design and or siting, there would be less visual impact."
3.5 Environment Policy 1 protects the countryside and its ecology. It stipulates that 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. - 3.6 Environment Policy 4 and 5 protects ecology. - 3.7 Whilst the site is not in an area designated for development, General Policy 2 is still considered relevant in that it relates to matters around design and amenity. - 3.8 Transport Policy 7 notes that in all new development, parking provision must be in accordance with the Department's current standards as set out in Appendix 7 of the SP. For a residential dwelling the requirement is for 2 parking spaces. - 3.9 Transport Policy 6: In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users. - 3.10 Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character. - 3.11 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7: "Typical Residential - 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling".
3.12 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10. - 3.13 Floor Space and Floor Area (see Housing Policy 13-15) Where there are references to "floor space" and "floor area", the space or area in question should be measured externally, and should not include attics or outbuildings.
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).
4.2 Whilst not adopted planning policy, DEFA's Residential Design Guide (2021) is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions. It is envisaged that a new guidance will be provided for dwellings in the countryside, although some of the broad principles set out within this document may still be relevant to such proposals". Section 4.11 which deals with Roof Terraces, Balconies, Decking and Patios is considered relevant.
5.1 The site has been the subject of six previous planning applications, two of which are considered to be materially relevant to the current application.
5.2 Approval was granted under PA 21/00203/B for the erection of a replacement dwelling with associated landscaping. This was approved 23rd April 2021 with four conditions.
5.3 A subsequent Minor Change application was submitted in February 2022 under PA
22/00123/MCH involving reduction of footprint, amendments to roof and utilising roof space, alterations of windows and driveway alignment. This was refused on 24th February 2022 on the grounds that: "The change in siting, mass, design and form are changes which go beyond minor and which would require full assessment as part of a new application."
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' in a letter dated 29 July 2022.
6.2 DEFA's Ecosystems Policy Team has requested that a condition is secured for the development to be undertaken in line with the Manx Wildlife Trust's Precautionary Working Method Statement (PWMS): Common Lizard and Schedule 8 non-native invasive species (10 August 2022).
6.3 Manx national Heritage have reinforced the request by the Ecosystem Policy Team that the development be carried out in line with the Manx Wildlife Trust's Precautionary Working Method Statement for Common Lizard and Schedule 8 non-native invasive species. They further support the enhancement of the lowered sod hedge by placing large stones along the top of the bank for use by common lizards as basking areas (3 August 2022).
6.4 Santon Commissioners have not made any comments on the application although they were consulted on 2 August 2022/23 August 2022. - 6.5 No comments have been received from neighbouring properties.
7.1 The fundamental issues to consider with the current application are:
7.2 The principle of the proposed development
7.3 Potential visual impact of the development upon the landscape and individual dwelling
highlighted. Perhaps the key concern should be whether the proposed dwelling would be compliant with the guidelines stipulated in Housing Policy 14.
where the Planning Inspector recommended an approval, which was subsequently agreed by the Minister. In reserving the decision the Inspector stated: "28. With regard to whether or not the proposal constitutes an overall environmental improvement, the PA takes the view that the improvements simply relate to a better house on a larger site and that these are for the convenience of the appellant and her family. Again, at first sight, that stance is understandable considering the significant difference in size of the two sites. The PA considers, that the differences of siting and size do not result in an overall environmental improvement and, therefore that the proposal is contrary to policy HP14.
8.1 Overall, in relation to Housing Policy 14 and the visual impact, due to the size increase of the proposed dwelling, it cannot be ignored that the proposal is an increase in size over that of the existing. However, for the reasons outlined in this report it is considered the proposal could be considered to comply with the elements of HP14 which stipulate that exceptions could be made for larger replacement dwellings, where these are of innovative, modern design which are of high quality and would not result in adverse visual impacts. The design, finishes, pitch roof form, siting, and the proposed landscape features (including trees) and level of built development on the site relative to the previous scenario will help to reduce the visual impact of the proposed larger dwelling.
8.2 For the reasons indicated within this report, it is considered the proposal would be acceptable; having no adverse impacts upon private or public amenities and complying with Environment Policy 1, General Policy 3, Housing policy 12 and Housing policy 14 of the Isle of Man Strategic Plan, and the
9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
9.2 The decision maker must determine:
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: 10.10.2022
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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