Loading document...
Applicant: Mr & Mrs John & Sonia Kneen Proposal Demolition of existing farmhouse and outbuildings and erection of replacement dwelling Site Address Ballaoates Farm Ballavagher Road St Johns Isle Of Man IM4 3JE Case Officer : Mr Toby Cowell Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 11.05.2023
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.
All works 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. N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025. You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date. To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed. This application has been recommended for approval for the following reason. The principle of the development is considered to be acceptable, by way of providing a new dwelling of a high design quality replacing a structurally defective property that is deemed beyond the reasonable or practical capability of being faithfully renovated and restored. The proposals would afford future occupants a high standard of living, without detriment to surrounding residential properties, or giving rise to a material impact upon the local highway network. The proposals are therefore deemed compliant with General Policy 2 (b) & (c) General policy 3, and Housing Policies 12 and 14 of the Strategic Plan (2016). Plans/Drawings/Information; This approval relates to the following plans and documents referenced; Existing plans and elevations
Location plan Site plan Received 02.03.23 Bat Survey Received 04.03.23 _______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following interest group 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 6(4):
Isle of Man Natural History and Antiquarian Society, 95 Malew Street, Castletown
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. ________________________________________________________________
THIS APPLICATION IS REFERRED TO THE COMMITTEE AS THE APPLICANT IS A CLOSE RELATIVE OF AN OFFICER OF THE P&BC DIRECTORATE
1.0 THE SITE - 1.1 The application site comprises Ballaoates farmhouse, an early-mid 19th century traditional Manx stone cottage which has been notably extended over the years, including a mono-pitched brick extension to the side (roadside elevation) and cat slide stone extension to the rear. The site further includes a collection of stone outbuildings, the majority of which are effectively conjoined together and physically attached to the side (northern) elevation of the principle dwelling, together with additional minor detached structures including a grain silo. - 1.2 The site forms part of the wider agricultural holding of Ballaoates Farm, which includes a collection of more modern agricultural buildings to the north-east of the dwelling, together with additional stone outbuildings to the immediate west adjacent to the highway. Such elements however fall outside of the application site, which is limited to the principle farmhouse itself and its immediate associated curtilage.
2.0 THE PROPOSAL - 2.1 Planning permission is sought for the demolition of the existing dwelling and all additional structures within the application site and erection of a replacement farmhouse. The new dwelling would effectively occupy a similar if not marginally reduced footprint relative to the existing dwelling and associated attached outbuildings, and the same orientation. The new dwelling would effectively accord with the design principles of Planning Circular 3/91 in the form of a traditional styled Manx farmhouse, but include the addition of a link element connecting to a more modern gabled 'extension'. The property would be finished in smooth painted render, and a natural slate roof with a combination of timber cladding and re-used Manx stone for the 'extension' element. - 2.2 The property would host a total of 4 bedrooms, 2 no. on each floor, with the 'extension' element facilitating an open kitchen/dining/living area. The dwelling would be completed with a gable front porch, sash windows and rooflights, with a small gabled dormer on the rear elevation of the link element to facilitate headroom at the top of the staircase.
3.0 PLANNING HISTORY - 3.1 Planning permission was previously sought for a replacement dwelling in 2021 (PA 21/00694/B) for an enlarged dwelling of a more modern and bulkier design. This application was subsequently withdrawn. No further planning history of relevance for the site is noted.
4.0 PLANNING POLICY - 4.1 The application site is identified in the 1982 Development Plan as 'white land' within the countryside that is not zoned for development. The site is not within a Conservation Area but falls within an Area of High Landscape Value - 4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy
5 Design and visual impact
Spatial Policy 5 Development only in countryside in accordance with General Policy 3 General Policy 2 General Development Considerations 3 Exceptions to development in the countryside Environment Policy
Housing Policy 4 Exceptions to allowing new housing in the countryside
Transport Policy
Community Policy 7 Designing out criminal and anti-social behaviour 11 Prevention for the outbreak and spread of fire
4.5 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction. - 4.6 Planning Circular 3/91 (1991) This document provides guidance on the design of new residential development in the countryside and remains a material consideration in the determination of applications for dwellings on land not zoned for development (i.e. in the countryside). This document is also specifically referenced throughout the Isle of Man Strategic Plan 2016, including within Housing Policy 14 which specifically relates to the design of replacement dwellings in the countryside.
5.0 REPRESENTATIONS - 5.1 German Parish Commissioners - No objection (18.11.22), with no objections to amended plans (13.04.23) - 5.2 Highways Services - Development would have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider installing cycle parking and an electric vehicle charging point (28.10.22)
Highways' position is maintained following the submission of subsequent iterations of amended plans, and continued to not oppose the proposals.
5.3 Forestry Officer - No objection. The trees of concern in the last application at this address have been removed under the TPA due to structural and physiological issues. (07.03.23) - 5.4 DEFA Biodiversity - It is generally accepted that bat surveys are only really valid for 1218 months because bats readily move into different roosts within and between years. Therefore the Manx Bat Group's Bat Survey Report dated December 2020 for Ballaoates Farm is not valid. We usually request that survey results are submitted prior to determination of applications.
However, in line with industry best practise recommendations, which is referred to in Section 9.2.4 of the British Standard Biodiversity - Code of Best Practise for Planning and Development (BS 42020:2013), we are content in this instance for an updated bat survey to be secured via a condition on approval. The British Standard states as follows (see the section in bold): The presence or absence of protected species, and the extent to which they could be affected by the proposed development, should be established before planning permission is granted; otherwise all material considerations might not have been considered in making the decision. The use of planning conditions to secure ecological surveys after planning permission has been granted should therefore only be applied in exceptional circumstances, such as where original survey work will need to be repeated because the survey data might be out of date before commencement of development, etc.
We therefore request that a condition is secured for no works, including demolition, to take place until a preliminary assessment for bats has been undertaken on the building by a suitably qualified ecological consultant and a report detailing the findings, alongside appropriate avoidance, mitigation and compensation measures, has been submitted to Planning and approved in writing. Should bats or evidence of bats be found during the preliminary assessment then additionally surveys, including emergence surveys will be required. Additionally, it is stated in the Manx Bat Group's report that 'only the farmhouse and adjoining outbuildings were inspected during this survey. Should the outbuilding on the roadside of the property be scheduled for demolition/replacement in the future it is advised that a separate survey be undertaken.' (17.03.23)
The Ecosystem Policy Team can confirm that the Manx Bat Group's bat report dated 28th March 2023 is all in order and that a suitable level of assessment has been undertaken. The Manx Bat Group found no evidence of bats within the buildings and therefore determined that the development could proceed with avoidance or mitigation measures being required. We would however request that the applicants remain vigilant throughout the works and should bats or evidence of bats be found at any point, works must stop and advice be sought from the DEFA Ecosystem Policy Team, or from the Manx Bat Group. (11.04.23)
5.5 Registered Buildings Officer - Recommend refusal. The proposals are for the demolition of the existing farmhouse and outbuildings and replacement with a new dwelling house. Whist I consider the proposed development to be more in keeping with the character, scale and massing of the historic buildings than the previous application 21/00694/B. However, the proposed gable feels unfinished and poorly detailed and should be refined. My comments and objection regarding the loss of the buildings remain as previously stated. I agree with the issues raised by Isle of Man Natural History and Antiquarian Society (IOMNHAS) made in their comments of the 30th July and 20th September 2021 (in relation to application 21/00694/B) and raise the following points;
The buildings proposed for demolition appear to be a traditional Manx farmhouse and associated agricultural buildings. The farmhouse's gable end is located to facing the roadside its catslide rear addition also visible. The associated outbuildings are positioned to form a semi enclosed yard with outbuildings shielding the yard from the road. IOMNHAS have identified the building to be in existence since 1840 and are possibly earlier, I have no reason to suggest this is not likely to be the case. Based on the information above I consider that this farmyard
complex including the house is of historic and architectural interest and therefore should be the subject of HP12 and HP11.
The information provided does not demonstrate that the buildings on site cannot be used and form the basis for appropriate development of the site. This should be the first instance required due to HP12. Many old farmhouses and assorted farm building have been restored and converted into residential use and it would appear that this has not been explored in any meaningful way. There are numerous best practice guidance documents about this including Historic England's guidance
https://historicengland.org.uk/images-books/publications/adapting-traditionalfarm-buildings/ Evidence is now clearly available that the reuse of existing building is far more environmentally friendly that demolishing and building new, should any claims made that this is case they should also deal with the issue of embodied carbon. Traditional and natural materials also have their part to play in protected the environment and climate change as they are often recyclable and require less carbon in their manufacture. It is possible to make traditional and historic buildings more energy efficient particularly when the extent of refurbishment is high. I therefore consider that the applicant has failed to address the issues outlined in HP 12, 14 and General Policy 3 and recommend the application is refused.
5.6 Isle of Man Natural History and Antiquarian Society - Regret the proposed loss of yet another traditional, possibly Quarterland, farm steading including the farmhouse particularly as it is in a very prominent location, very visible from the much used Ballavargher / Archallagon Road and was always outwardly a well maintained traditionally white washed steading. The lack of internal upkeep appears to be a reflection of the lack of financial resources rather than any deliberate attempt to abandon the farmhouse by the previous owner.
The Society appreciate that the current proposal is a more modest proposal than was originally submitted under PA21/00694/B and that it does fit better to the footprint of the dwelling albeit it still encompasses the adjoining stone outbuildings and thereby is still significantly bigger than the original house and maintains a continuous atypical ridge level.
While the Society appreciates that the roof of the farmhouse in particular needs replacing, they are not convinced that the whole of the characterful house and outbuildings should be demolished without due consideration of how they could be incorporated into a renovated building. As above this aspect of the proposal needs to be properly considered. While there may be benefits from meeting Building Regulations in a new dwelling this is not a requirement of planning policy. Moreover any such assessment should be properly counterbalanced by one for the embodied carbon within the stone buildings and its release by demolition and movement both of materials and vehicles about the site.
The Society notes that together with PA22/01450/B if approved the proposals will result in the almost total demolition of the traditional buildings of this farmstead which until recently had been well looked after and clearly cherished and recognised to be a grouping of architectural or historic and social interest and accordingly objects to the application.
If the design is approved it should be subject to a condition that the front and side elevations visible from the road side, (why are compass directions not given on the elevations?) should be finished in natural stone and if painted should be returned to its traditional white finish. (27.01.23)
Isle of Man Natural History & Antiquarian Society note the revised plans of 13th February 2023. The Society would advise that their views remain unchanged. (09.03.23)
6.0 ASSESSMENT - 6.1 The main issues to consider in the assessment of this planning application are as follows:
"The original application 21/00694 /B provided reports from a builder on the practicality of renovation, a structural engineer and a surveyor. All of which concluded that the structure was incapable of retention. However, following consultation and withdrawal of this application and subsequent resubmission of the current application further investigation works were carried out. This included;
Regulations that would afford future occupants a high standard of living would be the most preferable option. Indeed, the building is considered to be of sufficient architectural and historic significance to warrant an exploration as to whether it could be faithfully restored.
7.1 The principle of the development is considered to be acceptable, by way of providing a new dwelling of a high design quality replacing a structurally defective property that is deemed beyond the reasonable or practical capability of being faithfully renovated and restored. The proposals would afford future occupants a high standard of living, without detriment to surrounding residential properties, or giving rise to a material impact upon the local highway network. The proposals are therefore deemed compliant with General Policy 2 (b) & (c) General policy 3, and Housing Policies 12 and 14 of the Strategic Plan (2016).
7.3 The proposals are therefore recommended for approval. - 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:
8.2 The decision maker must determine:
8.3 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 can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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: 22/5/23
Signed : J SINGLETON 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
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.
Application No
22/01308/B
Applicant Mr & Mrs John & Sonia Kneen Proposal Demolition of existing farmhouse and outbuildings and erection of replacement dwelling Site Address Ballaoates Farm Ballavagher Road St Johns Isle Of Man IM4 3JE Planning Officer
Mr Toby Cowell
Presenting Officer Mr Jason Singleton Addendum to the Officer Report
At the Planning Committee meeting of the 22nd May 2023, the Members requested that a further condition (c5) be added in that a photographic survey be carried out and submitted prior to any development commencing. The case officer agreed to amend their recommendation in compliance with this request.
"5. Development shall not commence until a programme of historic building recording of the buildings affected by the development has been undertaken and submitted to and agreed in writing by the Department. The programme of building recording must be undertaken in accordance with Level Two as set out in Understanding Historic Buildings: A guide to good recording practice
Reason: To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the building/site that will be lost in the course of works."
Copyright in submitted documents remains with their authors. Request removal
View as Markdown