81253

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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 22/00458/B Applicant : Mr Declan Kermeen Proposal : Demolition of existing dwelling and erection of replacement 2 storey dwelling and erection of detached garage Site Address : Cronk Vane Stoney Mountain Road Eairy Isle Of Man IM4 3HJ

Planning Officer: Mr Richard Boyt Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 06.12.2022 __

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. The existing dwelling known as Cronk Vane to the west of the site and the existing sheds directly to the east of the existing dwelling, both identified on Drawing No.1 and the Block Plan forming part of this application, shall be entirely demolished and the ground beneath returned to an agricultural use and condition, to the satisfaction of the Planning Authority, prior to the first occupation of any part of the dwelling and garage hereby approved.

Reason: To ensure the replacement does not result in an additional dwelling in the countryside.

C 3. The driveway to the approved dwelling shown on the proposed plans shall be installed to a hard surface finish, including the complete removal of any barn or shed on the course of that driveway, prior to the commencement of development of the dwelling.

Reason: To ensure suitable access to the site and to ensure the removal of intrusive buildings on which this permission relies.

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C 4. The garage(s) hereby approved shall be used for the parking of private cars only and shall not be used for the parking of commercial vehicles and/or for the repair/maintenance of commercial vehicles.

Reason: To safeguard the residential character and amenities of the area.

C 5. No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details.

Reason: To provide adequate safeguards for the bats.

C 6. In the event that contamination is found at any time when carrying out the approved development that was not previously identified, it must be reported in writing immediately to the Department. An investigation and risk assessment must then be undertaken in accordance with the requirements of the Environmental Protection Unit and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of the Environmental Protection Unit which is subject to the approval in writing of the Department.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Department in accordance with the guidance of the Environmental Protection Unit.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

C 7. No development shall be commenced until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification to include native boundary planting; the location of grassed areas details of the hard surface treatment of the open parts of the site and a programme of implementation.

All landscaping shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Department. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: To ensure the provision of an appropriate landscape setting to the development.

C 8. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.

Reason: In the interests of the character and appearance of the site and surrounding area.

C 9. 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

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without modification), no development shall be undertaken under the following classes of Schedule 1 of the Order at any time: Class 13 - Greenhouses and polytunnels 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.

Note The applicant's attention is drawn to the provisions of the Building Control Act 1991 which includes specific controls on, and requirements in connection with, demolition of buildings in whole or in part. For further information contact the Building Control Section of the Planning and Building Control Directorate Tel. 685902.

This application has been recommended for approval for the following reason. With the removal of the older house with a more sustainable modern dwelling, a native landscape scheme controlled by planning condition and no other material disadvantages, the proposals are considered sustainable development that accords with Policies GP2, GP3, HP11, HP12 and HP13 of the Isle of Man Strategic Plan 2016 and no other material considerations indicate otherwise.

Plans/Drawings/Information;

This approval relates to plans labelled Existing elevations floor plans and photos WL-22-1547-1, Proposed WL-22-1547-2C, Block Plan WL-22-1547-3, Block Plan proposed Prelim WL-22-1547- 4C and Location Plan WL-22-1547-5 dated February, March and April 2022 and submitted as part of this application. __

Interested Person Status - Additional Persons

None __

Officer’s Report

THE SITE 1.1 The site is a parcel of land and dwelling which lies on the southern side of the Stoney Mountain Road and east of the road which leads from there to the quarry. The site was and is a farm and it includes a dwelling, Cronk Vane which is a traditional Manx cottage which has a more modern lean to porch across the front elevation and single storey flat roofed annexes at the rear. Alongside this and abutting the road is a line of agricultural buildings in poor repair with a further poorly maintained metal clad shed between them and the cottage. To the rear of this is a more modern, green clad building which has a footprint of and which is visible from the public highway behind the other sheds.

1.2 The rest of the site is open field with the backdrop of the plantation to the west and south and the field slopes downward to the south east. There are existing sheds and containers between the agricultural buildings in part made of trailer units. In the south east, a previously permitted (2021) arena is under construction and a new shed permitted in 2019 has been built south of the current house. The site is generally unkempt and semi-derelict with amongst other things, a skip full of used tyres.

Surroundings

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1.3 Cronk Vane is situated in the centre of the island in open countryside around a mile east of Foxdale and a mile west of Eairy. The site sits on the corner of a minor road which diverges to provide access to Stoney Mountain Quarry which is located to the south.

1.4 The wider area is a low productivity farming area with quarrying, plantations and heathland as common as agricultural fields. There are a scattering of dwellings, a number of waste haulage operations and the local football club, all nearby.

THE PROPOSAL 2.1 The proposal is for a replacement dwelling for the existing unoccupied Manx cottage with a two storey dwelling located around 50 metres east of its current location. The proposal dwelling is a two storey 3 bedroom design with two bathrooms on the first floor and roof for a loft conversion. A detached pitched roof double garage is proposed on the new driveway.

2.2 To facilitate the new dwelling, several outbuildings need to be demolished, as well as the current house.

PLANNING HISTORY 3.1 The application site benefits from the following planning history; 06/00610/B - reinstatement of field access - approved 19/00145/B - erection of agricultural shed and demolition of existing agricultural shed - approved 19/00955/B - erection of agricultural shed - approved 21/00380/B - erection of a replacement agricultural building and creation of a horse carriage driven arena - approved

DEVELOPMENT PLAN POLICIES 4.1 In terms of Development Plan policies, the general provisions of GP2 and GP3 (d), in particular replacement dwellings, applies.

4.2 Housing Policies HP12, 13 and 14 relate to rural replacement dwellings and are most relevant to the case.

4.3 Environmental Policy 1 is also pertinent in the protection of the wider countryside.

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. 5.1 Malew Commissioners - no objections 5.2 Department of Infrastructure Highway Services - no significant negative impact 5.3 DEFA Biodiversity - likely presence of bats and birds in the buildings, additional information/survey required to confirm. 5.4 No comments received from neighbouring properties.

ASSESSMENT Principle of Development 6.1 The application relates to the replacement of a cottage at Cronk Vane, which is currently uninhabitable and it is understood no one has lived at the house for 5 years. It is accepted that the house has not been abandoned and on inspection the house was found to be largely as last lived in, albeit in an unattractive state.

6.2 The current house is a traditional cottage but has been heavily modified over the years. It is probably around 100 years old at its core, but with large extensions it now measures 165 square metres in floor area. The building is not considered a heritage asset worthy of preservation and any replacement would be subject to consideration under Policies GP3, HP11, HP12 and HP13.

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6.3 The proposal is to replace the dwelling with a taller, slightly larger detached dwelling of 219 square metres with a separate detached garage. This amounts to a 31% increase in floor area within the 50% limit of Policy HP13 of the Island Plan. In the subtext of Policy HP13 it states that replacements should closely reflect the buildings they replace in size and siting and in this respect the proposals are considered a significant distance away from the existing house.

6.4 The applicant offers a number of justifications for moving the house 50 metres east including the current proximity to the noisy Stoney Mountain Road and its associated traffic and putting the house in a position where it will replace unsightly existing buildings. It is this latter point which is most persuasive as there are indeed some very unattractive barns and stores on the land which would be replaced forever by this proposal. As such, whilst clearly the move in the siting of the house is dramatic, there is a clear visual and landscape benefit in doing so. As such the relocation of the replacement dwelling is considered acceptable.

Design and Amenity 6.5 The proposed dwelling is a rendered two storey farmhouse typology which reflects both the existing house and the prevailing vernacular. Providing the stated render and slates are used in combination of this build, the appearance of the new dwelling will accord with policies.

Neighbouring amenity 6.6 The nearest dwellings are over 100 metres to the east and west and there are no residential amenity concerns with these proposals.

Ecology 6.7 With regards the demolition of the existing cottage, there is a possibility that there may be bat roosts or bird nests within the structure, albeit no evidence of this has been witnessed by officers. The DEFA Biodiversity Officer highlights that there is a possibility of protected species, especially in the roof space and any approval should require an ecologist on-site survey prior to demolition. This is a prudent measure given that the date of demolition is not yet known and protected species can come and go. It is therefore recommended that the approval be controlled with a planning condition.

6.8 There are no materials in the current building that are worthy of reuse for heritage reasons.

6.9 The proposals involve the enlargement of the gardens from circa 1500 square metres to around 2500 square metres and considerable new landscaping which should be agreed in a landscape scheme controlled by planning condition to prioritise native species on the boundaries. With native landscape boundaries, the increase in the size of the residential curtilage is considered acceptable when considered in the light of the overall improvements being proposed for the tidying of the site.

CONCLUSION 7.1 The proposals relate to the replacement of a substandard cottage which it is considered is suitable for demolition and replacement due to its poor form and function. The proposed replacement is of policy compliant scale and policy compliant design providing facing materials are controlled.

7.2 The relocation of the dwelling 50 metres east of the existing footprint does not directly comply with Development Plan policy but can be justified by the substantial visual improvements that result in removing unsightly older barns on the site and neutral impact on the countryside. The new location is therefore considered to provide planning betterment as a whole.

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7.3 With the removal of the older house with a more sustainable modern dwelling, a native landscape scheme controlled by planning condition and no other material disadvantages, the proposals are considered sustainable development that accords with the policies of the Development Plan and should be approved.

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: 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: 10.01.2023

Determining officer Signed : J SINGLETON

Jason Singleton

Principal Planner

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.