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22/01395/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01395/B Applicant : Mr John Davies Proposal : Demolition of existing dwelling and replacement with new dwelling Site Address : Dreem Aalin Port E Vullen Ramsey Isle Of Man IM7 1AP
Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 15.05.2023 __
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 extension, enlargement or other alteration of the dwelling(s) hereby 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.
C 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the 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 sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
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C 4. 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.
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 proposal respects the site and surroundings in terms of the siting, layout, scale, form, design of buildings and the spaces around and the character of the surrounding landscape or townscape complying with General Policy 2 (b) & (c). Furthermore, while resulting in a larger dwelling and more apparent from public views, it is considered the resulting dwelling would be of benefit to the landscape sitting well within the countryside setting complying with Housing Policy 14. Lastly the proposal would not adversely affect the countryside or harm the character and quality of the landscape complying with Environment Policies 1 and 2 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers all received;
14.11.2022 01 02
29.03.2023 08 REV A 09 REV A 10 REV A __
Interested Person Status - Additional Persons
It is recommended that the following persons 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):
The owners/occupiers of 1 & 2 Mount Sayle, Port E Vullen, Ramsey as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; 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; as they
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do not refer to the relevant issues in accordance with paragraph 2C of the Policy and 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
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPLICATION COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE APPLICATION SITE 1.1 The application site is Dreem Aalin, Port E Vullen, Ramsey. The site are to the southwest of the A15 road (Maughold Road) and east of Jacks Lane and west of Maughold Village. The dwelling is a modern single storey detached bungalow which is partially apparent from the Maughold Road, albeit Manx sod banks along the roadside boundary of the Maughold Road help reduce the appearance of the dwelling with the roof being the main element of the dwelling being publically visible from either direction (southeast and northwest of site). The property has gardens to the front and rear.
2.0 THE PROPOSAL 2.1 The application seeks approval for the demolition of existing dwelling and replacement with new dwelling. The new dwelling would be two storey in height any appears as a traditional Manx farmhouse in form within white painted render finish and slate roof. However, it also includes more classical features includes which included two storey bays to either side of the central doorway, decorative banding at first and eves level, inclusion of small pitched roof bay windows within roof plan/above bays. To the rear there is a traditional two storey outrigger and attached/continuation of the rear outrigger is a more contemporary two storey element, with larger amount of glazing and finished in a light grey painted render.
2.2 A single storey detached garage/workshop to the southern eastern gable of the dwelling is also proposed. This building is finished in a mixture of Manx stone and grey painted render.
2.3 No extension of the residential curtilage is proposed.
3.0 PLANNING HISTORY 3.1 There are no previous applications which are considered relevant in the determination of this application.
4.0 PLANNING POLICY 4.1 The site sits within an area designated as an Areas of High Landscape or Coastal Value and Scenic Significance, not designated for development under the IOM Development Plan Order 1982. The site is not within a Conservation Area.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:
4.3 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
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outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
4.4 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."
4.5 Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless: (a) the existing building has lost its residential use by abandonment; or (b) the existing dwelling is of architectural or historic interest and is capable of renovation. In assessing whether a property has lost its habitable status(1) by abandonment, regard will be had to the following criteria: (i) the structural condition of the building; (ii) the period of non-residential use(2) or non-use in excess of ten years; (iii) evidence of intervening use; and (iv) evidence of intention, or otherwise, to abandon."
4.6 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(1), 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 general, 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 where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact."
4.7 Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside
5.0 REPRESENTATIONS 5.1 Highway Services comment; 24.11.2022 "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider installing an electric vehicle charging point." 22.12.2022 Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.
5.2 Garff Commissioners objected to the initial scheme (since being amended) 13.12.2022
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"It was noted that the application site is on the A15 as it leaves Port e Vullen on the road to Maughold Village as it opens out into a fully rural location. The current dwelling is non traditional being of a 1960s/70s single storey design. The proposed dwelling is two-storey and much larger, with the floor area increasing from 175 square metres to 485 square metres. There is likely to be a visual impact in this location which is close to the coastline. It was noted that several key planning policies would have to be set aside if this application were approved. A discussion of these matters followed. An objection to the proposals from a neighbour was noted. Members resolved to submit an objection to the application."
5.2.1 No comments received at the time of writing this report in relation to the amended scheme.
5.3 Environmental Protection comment that; 06.12.2023 "...If the applicants wish to discharge the treated sewage effluent to a watercourse or drainage ditch they will need to apply for a discharge license through the Environmental Protection Unit..."
30.03.2023 5.3.1 "Nothing further from Environmental Health for this application."
5.4 DOI Highway Services Drainage comment; 06.04.2023 "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads."
5.5 The owners/occupiers of 1 & 2 Mount Sayle, Port E Vullen, Ramsey commented to the initially application raising concerns of; the scale of the proposed replacement building in such a highly visible location. The existing building is clearly visible from the Maughold road both up and down the hill from the site and, because the site is on the crest of the hill, the much higher and longer replacement would be significantly more prominent. Further, concerns of the proposed replacement has 2 storey extensions on either side, extending for most of the width of the site, which would make it substantially more prominent and they assume that the low pitch on the roof shown in the design drawings is an attempt to minimise the height and visual impact of the replacement but, as a result, it looks more like a Swiss chalet than a rural Manx house. Finally concerns that the proposal would be contrary to The Draft Area Plan for the North and West sets out the landscape strategy.
5.5.1 No comments have been received following the amended scheme.
6.0 ASSESSMENT 6.1 The principle issues to consider with this application are; principle of the demolition of the existing dwelling and the potential visual impact of the works to the countryside setting/landscape.
PRINCIPLE OF THE DEMOTION OF THE DWELLING 6.2 Under the provisions of General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2016, the erection of a replacement dwelling on a one for one basis is an accepted exception to the general presumption against development within the countryside.
6.3 Next issue to consider is in relation to Housing Policy 12 and whether the existing building has lost its residential use by abandonment; or the existing dwelling is of architectural or historic interest and is capable of renovation. The existing dwelling is habitable and not lost its residential status. It has flat roofed extension to its gable end and a garage block which is
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attached to the dwelling with a wall. In terms of its architectural or historic interest, it has neither. Accordingly the demolition of the dwelling in principle is acceptable.
POTENTIAL VISUAL IMPACT OF THE WORKS TO THE COUNTRYSIDE SETTING/LANDSCAPE 6.4 As can be seen, Housing Policy 14 raises a number of issues that need to be taken into account. The first relates to the replacements dwellings siting. The proposal does comply with this section of the policy; albeit larger footprint result in the dwelling going beyond in parts. The dwelling's existing residential curtilage remains as it is currently and does not require its expansion. In relation to this aspect of the policy the proposal would comply.
6.5 The second aspect of HP14 to consider relates to the size of the new dwelling. This proposal would equate to an approximate 128% increase (proposed floor area approx. 342sqm & existing floor area approx. 150sqm). Therefore the proposal does potentially not comply with this section of the policy, being larger than the generally permitted 50% threshold.
6.6 However, Hp14 does allow consideration be given to proposals which result in a larger dwelling where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact.
6.7 In this case the amended scheme in terms of its form and design is in the main more traditional than the existing modern bungalow. The proportion and form of the main aspect of the dwelling following the guidelines of Planning Circular 3/91 again an aim of HP14. The proposal does have more classical features, rather than being a traditional farmhouse style which is farm plainer and less ornate in design/finish. The more classical finishes/style (namely bay windows, decorative banding at first and eves level, dormers above bays, glazed fanlight and side windows around doorway entrance) are not unusual features in the countryside. Properties along the Maughold Road there can be found more classical forms, for example 1 & 2 Mount Sayle, Port E Vullen have bay widows, Stoneleigh, Port E Vullen has decorative banding and Georgian styled windows. Furthermore, a number of properties within Port E Vullen and the Colony are "Arts and Craft" in style, so a further architectural style in close proximity to the site. Policy 8 of Planning Circular 3/91 indicates;
"The more fashionable features of the 19th Century found in the isolated larger house, form a visual image which is established and familiar in the Manx Countryside. These features, given sensitive and restrained application, could, with advantage, be used in certain circumstances today. They should; however, be limited to the larger house standing in its own grounds."
6.8 It should be noted a photograph of a dwelling (outskirts of Ramsey - opposite The Grange) which accompanies the above text is very similar to the current proposal.
6.9 Accordingly, it is considered the design approach is appropriate with this site, being in isolation and in sizeable grounds.
6.10 The rearmost part of the two storey outrigger has a contemporary design/finish. Discussions with the applicants agents when considering amendments to the initial scheme, it was felt this approach would be more appropriate as in time it will appear as an extension to a traditional dwelling; which will hopefully, given its traditional design, will appear as being in place for a considerable time and has since being extended.
6.11 The proposal given its size increase and height increase (2.7m) will appear more apparent in the landscape, namely when travelling along the Maughold Road from either direction. From the southeast (travelling from Maughold Village) the road is set above the site, due to the topography of the area and will have views down towards the southeast elevation of the dwelling. Views from the northwest (travelling from Port E Vullen) look upwards towards the site and would look at the northwest elevation of the new dwelling. As mentioned currently, the roof section of the existing bungalow is apparent. This proposal the first floor
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level and roof will be apparent. However, while the dwelling will be more apparent it is considered the proposal would meet the overall aims of HP14 which is removing dwelling of poor form and replacing them with dwellings of more appropriately designed, even if that results in a larger dwelling.
6.12 The proposal in terms of its form, proportion, design and finish are all considered appropriate in in keeping with the IOM landscape/countryside; being a dwelling designed to appear more as a traditional styled dwelling. It is considered this approach would work well on the site and is not uncommon in the IOM countryside and in Maughold. Accordingly, while it may not strictly in accordance with Housing Policy 14 and Planning Circular 3/91.
7.0 CONCLUSION 7.1 Accordingly, the proposal respects the site and surroundings in terms of the siting, layout, scale, form, design of buildings and the spaces around and the character of the surrounding landscape or townscape complying with General Policy 2 (b) & (c). Furthermore, while resulting in a larger dwelling and more apparent from public views, it is considered the resulting dwelling would be of benefit to the landscape sitting well within the countryside setting complying with Housing Policy 14. Lastly the proposal would not adversely affect the countryside or harm the character and quality of the landscape complying with Environment Policies 1 and 2 of the Isle of Man Strategic Plan 2016.
7.2 It is recommended that the application be approved
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: 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.
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 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.
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Decision Made : ...Permitted... Committee Meeting Date:...22.05.2023
Signed :...C BALMER... 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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