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22/00878/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00878/B Applicant : Mr Ken Horsley Proposal : Demolition and erection of replacement 2 storey dwelling Site Address : 29 Maghergarran Port Erin Isle Of Man IM9 6BZ
Planning Officer: Mr Richard Boyt Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 17.11.2022 __
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. All external facing and roofing materials used shall match those of the existing building in respect of the semi-detached neighbour at No.28 Maghergarran.
Reason: In the interests of the character and appearance of the site and surrounding area.
This application has been recommended for approval for the following reason. It is considered that the proposals for the rebuilding of 29 Maghergarran as a like for like dwelling present no substantial planning issues due to the strong fall-back position. For these reasons the proposal is considered to accord with General Policy 2 and Housing Policy 4 of the Isle of Man Strategic Plan 2016 and with the general principles of the Residential Design Guidance 2021.
Plans/Drawings/Information; This approval relates to plans labelled Location Map and Site Plan P.2260 PA/01, Plans and Elevations as Existing P.2260 PA/02 and Proposed Plans, Elevations and Sections P.2260 PA/03 all dated July 2022.
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22/00878/B Page 2 of 4
Interested Person Status - Additional Persons
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):
28 Maghergarran, Port Erin as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THE SITE 1.1 The application site is a lightning damaged semi-detached two storey dwelling at Ponyfields on the outskirts of Port Erin. The house is a rendered late 20th Century dwelling with two upstairs bedrooms and a conservatory to the rear. It is of block construction with a concrete tile roof which is now missing. It has an open plan front garden with a concrete drive capable of accommodating two cars in a tandem arrangement.
1.2 Maghergarran is the spine road of a 109 house development with 20 flats permitted in the early 1990s following review. The estate is a mile or so from the centre Port Erin on the eastern limit of the built up area. The area has no special designations or registered buildings or trees. The streets are characterised by modern contemporary two storey dwellings clad in render and brick, with open plan front gardens and a low density layout.
THE PROPOSAL 2.1 The proposal relates to an existing semi-detached dwelling in residential use, which has been struck by lightning resulting in damage so extensive that the house is no longer habitable.
2.2 It is proposed to rebuild the house exactly as previously existed from the ground floor plate up. The result will be a semi-detached two storey rendered dwelling identical to its neighbour and its forerunner. The conservatory permitted in 2003 will also be rebuilt.
PLANNING HISTORY 3.1 The estate was permitted in application reference 89/01478/B after review. The application house was built shortly afterwards and then application reference 02/02316/B permitted a rear conservatory on 11/4/03.
DEVELOPMENT PLAN POLICIES 4.1 In terms of local plan policy, the site lies within an area designated as within the settlement boundaries in the Area Plan for the South. General Policy 2 and Housing Policy 4 from the Isle of Man Strategic Plan 2016 are considered relevant in the assessment along with the Residential Design Guidance 2021. Section 7.0 covers Good Neighbourliness and Community Policy 7 and 11 from the Strategic Plan seek all new development to reduce spread of fire and reduce criminal activity and Infrastructure Policy 5 seeks water conservation.
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. 5.1 Port Erin Commissioners - support 5.2 Department of Infrastructure Highway Services - no significant negative impact 5.3 One letter from the direct neighbour (No.28 Maghergarran), stating no objections, but seeking considerate construction practices.
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22/00878/B Page 3 of 4
ASSESSMENT 6.1 Intro The proposals relate to the reconstruction of a 2 bedroom dwelling which is still largely intact aside from considerable damage created by a lightning strike. The application site is within development boundaries and has a strong fall-back position of a longstanding existing dwelling. The proposed replacement will be identical to the previous dwelling, therefore the planning impacts of development are extremely limited.
Proposed Extension - Visual Impact 6.2 Because this is a like for like development, the visual impact of the proposals is neutral and harmless, according with Development Plan policy. A matching material and colour condition is considered reasonable to ensure the house is in keeping with its direct neighbour.
Proposed Extension - Amenity Impact 6.3 Again, the residential amenity impact of development is no different from the former dwelling on the site and the proposals are thus neutral in amenity terms.
Proposed Access - Highway Safety 6.4 The proposal does not involve any alterations to parking or highway access and the Highway team raise no objections to the proposals. Other material considerations
6.5 The proposals involve demolition of the damaged house, which, with no standing roof presents no suitable ecology habitats for birds or bats. For these reasons, no ecology matters occur for consideration.
6.6 The Highway team seek to ensure that the driveway does not drain to the highway, but that is already in place and is not proposed to be changed and thus cannot be further controlled.
6.7 All drainage arrangements are as existing.
CONCLUSION 7.1 It is considered that the proposals for the rebuilding of 29 Maghergarran as a like for like dwelling present no substantial planning issues due to the strong fall-back position. For these reasons the proposal is considered to accord with General Policy 2 and Housing Policy 4 of the Isle of Man Strategic Plan 2016 and with the general principles of the Residential Design Guidance 2021.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine:
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22/00878/B Page 4 of 4
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 __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 22.11.2022
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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