**Document:** APL Planning Statement
**Application:** 22/00390/B — Erection of new dwelling to replace existing dwelling and barn including improvements to existing entrance
**Decision:** Permitted
**Decision Date:** 2022-10-11
**Parish:** Patrick
**Document Type:** report / planning_statement
**Source:** https://planningportal.im/a/8800-st-johns-ballahig-the-hope-replacement-new-build/documents/1111986

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# APL Planning Statement

### Construction Design Ltd

#### Barry Murphy MCIAT Chartered Architectural Technologist 17 Peel Road, Douglas, Isle of Man, IM1 4LP

Tel: (01624) 623843 E-mail: barry.murphy@cdl.co.im

## Planning Statement

Proposed Replacement Dwelling at Ballahig, The Hope, St John's IM4 3AU 28th March 2022 Registered Office: 17 Peel Road, Douglas, Isle of Man, 1M1 4LP Managing Director: B. Murphy. Director: T Murphy Company Reg. No. 098010C

##### The Application Site

The application site is the residential curtilage of Ballahig, The Hope, St Johns, IM4 3AU and is located on the northern side of the A3, Hope Road. The residential site & the farm are accessed from Hope Road (A3).

The site is located in the north west corner of the 20-acre small holding farm.

Within the application site there is an existing 2 storey dwelling with single storey flat roof additions, a 2-storey stone constructed barn and a single storey stone constructed barn / storage building. The application site forms part of the farm building group.

Immediately adjacent to the application site there is a series of steel-clad agricultural buildings, owned by the applicant & all used solely in connection with farm activities.

The existing dwelling is of traditional Manx farmhouse style, albeit with elements not commonly accepted as been Manx traditional. There are 2 large double paned windows to ground floor and small square format windows to first floor. The roof pitch and eaves are both lower than is common, giving the dwelling a slightly squat appearance. The dwelling has later flat roof extensions to side and rear.

##### The Proposal

The application seeks approval for erection of a dwelling to replace an existing dwelling and a 2-storey barn. The proposal includes the retention and the refurbishment of the single storey stone barn / storage building with it retaining its current use.

The proposed replacement dwelling is in two elements, the first is a two-storey traditional Manx farmhouse/cottage dwelling with 3 windows over a central doorway which is flanked by single windows either side at ground floor level. The dwelling is linked by means of a porch and shared utility room to a 2-bedroom annex.

The proposed dwelling is located on the footprint of & on the same orientation of the existing dwelling.

When viewed from the approach, the basic footprint of the proposed dwelling measures 9.9 metres in width, a depth of 6.3 m and an eaves height of 5.2m metres and a ridge height of 8 m. The proposed dwelling would be finished in painted render, a grey natural slate roof and dark grey windows. The annex has a protecting gable with stone cladding to the dominant elevation.

The footprint area of the new dwelling is 191 sq.m. with a gross area total area of 293 sq.m. The existing mature domestic garden will remain undisturbed and will be used for the benefit of the occupants.

The site has a mixture of nature and small trees, no trees or native hedgerows will be removed as part of the works. New native trees are to be planted, these will be strategically placed to maintain views and add shelter to the elevated site.

Purpose of Application The applicants are Nigel Lewney and his partner Susan Clark.

The purpose of the application is to allow for the small holding farm to remain within the family and to continue to be operated by the family by the next generation and future generations whilst allowing the current aging generation to continue to live in the farm environment.

The applicants parents moved to Ballahig in the mid-1950’s to farm the land. The applicant, Nigel Lewney, was raised on the farm and despite currently living in Douglas, still considers Ballahig to be home.

When Nigel’s father passed away in 2010, his Mother continued to farm the land with support from the family. One of Nigel’s brothers has been blighted with health issues since childhood and has always lived on the farm.

In 2016 the family faced eviction from the farm by the then landowner. Faced the potential loss of the farm, the family home and the family history, the applicant & his partner made the decision to purchase the land so that Nigel’s mother and brother could continue to live at Ballahig. In order to see his family, maintain the garden and assist with the farm, Nigel is making regular commutes to and from Douglas.

It now makes personal & economic sense for the applicants to move back to the farm to live so that they can more effectively tend to the land and also provide his mother and brother with the care & companionship they require. The move would also allow the applicants daughter to enjoy growing up on the farm and eventually allow the farm to remain in the family for future generations.

As the farmhouse was tenanted until 2016, little upgrading and maintenance was done throughout the years and the house has fallen into disrepair. By virtue of its layout and size the house is becoming increasing unsuitable to cater for the needs of the applicants aging mother and brother with ill-health.

The intention is to create a modest, traditional looking home, to serve 3 generations, which is well ventilated but also thermally and energy efficient. In looking to replace the existing dwelling, it has been planned very carefully so that the layout can allow the applicants mother & brother to continue to live independently with their own space but with the added comfort that the applicant, his partner and daughter are effectively in the same house and thereby close should either need any assistance. The annex provides both mother & brother with ground floor living accommodation with the essential disabled access.

Returning home will allow the applicants to further their passion for sustainable living, to grow their own produce on the land and continue teaching their daughter the importance of selfsufficiency, the environment and family heritage.

It is very much intended that the applicants will remain at Ballahig for the rest of their life and their hope is that their daughter will also continue to live there and use the land when inherited in the future.

Relevant Floor Areas The proposal is to replace the existing dwelling and a redundant barn with a new dwelling. The existing dwelling (to be removed) occupies a footprint area of 124 sq.m. The total area, ground & first floor, of the existing dwelling (to be removed) is 202sq.m. The existing barn (to be removed) occupies a footprint area of 49 sq.m. The total area, ground & first floor, of the existing dwelling (to be removed) is 94 sq.m. The combined footprint area of dwelling & barn (to be removed) is 169 sq.m. The combined floor area of dwelling & barn (to be removed) is 296 sq.m. The proposed dwelling has a footprint area of 191 sq.m. The proposed dwelling has a total floor area, ground & first floor, of 293 sq.m.

The proposed dwelling is 45% larger than the existing dwelling (not including existing barn) this is in accordance with guidance given in Housing Policy 14 of IOM Strategic Plan.

The proposal for the replacement dwelling shows a proposed reduction in the overall footprint & floor areas of the combined existing dwelling and barn.

Planning History The site has been subject of one previous planning approval, 07/01167/B, for the erection of an agricultural building.

##### Pre-Planning Advice

An early pre-planning consultation on policy guidance was sought from the Planning office and a response received for Mis Lucy Kinrade, dated 19th October 2021. Further pre-submission advice was not possible following a directive from Planning Dept dated 10th March 2022.

##### Planning Policy

The application site is within an area recognised as being an area which is not designated for development under the IOM Development Plan Order 1982 and is an area of High Landscape Value. The site is not within a Conservation Area. The applicants land does contain High Voltage Power lines.

In the early pre-planning advice, Miss Kinrade included the following policies as being relevant to the application:

- • Strategic Policies 1, 2 and 5
- • Spatial Policy 5
- • General Policies 2 and 3
- • Environment Policies 1, 2 and 43
- • Housing Policies 4, 12 and 14
- • Energy Policies 2
- • Residential Design Guidance 2021 including those parts in section 2.0 relating to sustainable development
- • Planning Circular 3/91.

The Planning Office when reviewing this application will determine if this application meets with current policy recommendations.

Below is review of the policies and a brief response explaining as to how these policies are addressed:

Strategic Policy 1:

Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and reusing scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services.

Response: The proposed dwelling is constructed on the footprint of the existing dwelling, remains part of the farm grouping, replaces an unsuitable dwelling and replaces a redundant building.

The development will allow for a more efficient use of the site and will utilize existing farm facilities & outbuildings.

Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.

Response: The proposed dwelling is constructed on the footprint of the existing dwelling, remains part of a long-standing traditional farm grouping of buildings.

- General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

- (a) is in accordance with the design brief in the Area Plan where there is such a brief;
- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
- (c) does not affect adversely the character of the surrounding landscape or townscape;
- (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
- (e) does not affect adversely public views of the sea;
- (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- (g) does not affect adversely the amenity of local residents or the character of the locality;
- (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
- (j) can be provided with all necessary services;
- (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; 33
- (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- (n) is designed having due regard to best practice in reducing energy consumption. Response:

- (a) The proposal is a replacement of a dwelling already located within the area and any area plan
- (b) The dwelling has been designed on the footprint of, to a design very similar to and an improvement on the existing dwelling. The new dwelling sits comfortably with the existing long-established farm grouping.
- (c) The proposed dwelling is modest in size and as above will sit comfortably with the existing long-established farm grouping
- (d) Being located in the same position as the existing dwelling, the proposal will have no negative impact on the environment. All existing trees and garden areas will be retained. Indeed, the development will have benefits in ensuring that the existing environment is maintained. The introduction of new improved sewage disposal and increased use of renewable energy will lead to enhancements to the environment.
- (e) No public views of the sea will be impacted.
- (f) All existing features, trees, hedges and banks will remain intact and will be improved by planting of selected native trees within the site.
- (g) The site is remote from other properties & local residents and will not impact on the character of the locality.
- (h) Access to the site will be improved, the site has plentiful parking for domestic and farm vehicles.

- (i) With improvements to the entrance, road safety should be enhanced.
- (j) All necessary services are on site and site drainage will be improved.
- (k) The site is surrounded by agricultural land and will not prejudice future development.
- (l) The land is not contaminated nor it is subject to flooding.
- (m) Security of the site, farm & livestock will be improved by having an increased presence on site.
- (n) The existing dwelling does not meet with current standards of energy consumption and would be cost prohibitive to improve. It is intended that the dwelling will be built in accordance with current building regulations or above in respect of thermal insulation. The application includes for solar panels to the roof and intends to use air source heat pump as a heating system. The building regulations also ensure that water consumption and energy consumption is reduced.

- General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

- (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
- (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
- (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
- (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
- (e) location-dependent development in connection with the working of minerals or the provision of necessary services;
- (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
- (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
- (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. Response:

- (a) Whilst the farm is a small holding, it has provided a modest income for the family for many years. Living on the land has proved to be essential for the care of livestock on the farm, in that respect the existing dwelling could be classed as an essential agricultural worker dwelling. The replacement dwelling will serve the same purpose to allow for the effective use of the available land.
- (b) The proposal does not include for the conversion of redundant buildings of interest but the proposal does allow for historic & social ties with the farm to continue.
- (c) The proposal would lead to an improvement on the landscape and wider environment and investment in its maintenance.
- (d) The proposal is a direct replacement for an existing rural building.
- (e) The proposal could be considered location dependant both in the continued use of the farm and allow the family to continue to live on the farm.
- (f) As (A) above.
- (g) Not applicable
- (h) Not applicable

- Environmental Policy 1:

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 outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.

Response: The dwelling is a replacement dwelling and will have no greater impact on the environment than the existing. The proposed dwelling with lead to improvements in the site and surroundings.

- Environmental Policy 2: 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.

Response: As above, the dwelling is a replacement dwelling and will have no greater impact on the environment than the existing. The proposed dwelling with lead to improvements in the site and surroundings. The location is essential for the continued & efficient use of a family small holding farm.

Environmental Policy 43:

The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition.

Response: When considering this proposal, significant thought was given to retaining & converting the existing dwelling and barn. A Structural Engineer was employed to access both structures and report accordingly. A copy of that report is included with this application. That report highlighted significant defects and necessary works. In addition to structural works there would also be a need to improve thermal efficiency and modernise the internal layout. There is need to provide accommodation for 3 generations and for part of that to have the ability to cater for the needs for elderly and disabled family members. The existing footprint layout and levels did not lend itself to a suitable conversion.

Taking all the above into consideration it was determined that a purpose designed purpose built, thermally efficient and structurally sound dwelling was the sensible and most costeffective route to satisfying the wide brief.

Housing Policy 4:

New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned

Response:

As a direct replacement dwelling this proposal is in accordance with Housing Policy 4 (c) “otherwise new housing will be permitted in the countryside only in the following exceptional circumstances (c) the replacement of existing rural dwellings and abandoned”.

Housing Policies 7, 8 & 9:

- 7: New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated.
- 8: Where permission is granted for an agricultural dwelling, a condition will be attached restricting the occupation to a person engaged or last engaged solely in agriculture; or a widow or widower of such a person, or any resident dependants
- 9: Where permission is granted for an agricultural dwelling, the dwelling must be sited such that; (a) it is within or immediately adjoining the main group of farm buildings or a group of farm buildings associated with that farm, (b) it is well set back from any public highway, and (c) it is approached via the existing farm access.

Response: These 3 policies do not directly refer to this type of application, but are relevant in that policies 7,8 & 9 accept the need to provide accommodation for “a person engaged or last engaged solely in agriculture; or a widow or widower of such a person, or any resident dependants”.

By virtue of the size of the farm the it would be difficult to justify the need for a separate dwelling as permitted in these policies

This replacement not only provides a home for the existing owner of the farm but provides a continued home for those already living on and retiring from the farm.

This application retains the close connection with the farm for its older generation and for future generations of the same family.

- Housing Policy 11:

Conversion of existing rural buildings into dwellings may be permitted, but only where: (a) redundancy for the original use can be established; (b) the building is substantially intact and structurally capable of renovation; (c) the building is of architectural, historic, or social interest; (d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building; (e) residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; and (f) the building is or can be provided with satisfactory services without unreasonable public expenditure. Such conversion must: (a) where practicable and desirable, re-establish the original appearance of the building; and (b) use the same materials as those in the existing building.

Response:

This policy is relevant when considering floor areas. By virtue of this policy, ordinarily the 2storey barn would be worthy of approval for conversion into living accommodation. In this case structural and spatial restrictions make this unviable, but none the less could be considered when considering overall floor areas.

- Housing Policy 12:

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.

Response: The existing dwelling is currently occupied and as such has not lost its residential use by abandonment.

The existing dwelling is not of pure Manx form in that the general proportions and in particular the windows proportions are not traditional and are not represented in Planning Circular 3/91. The proportions of the proposed dwelling are designed in accordance with Planning Circular 3/91 and its windows are proportioned to follow the “golden rectangle” traditional proportions.

The attached Structural Engineers report highlights several defects in the existing dwelling which combined with necessary modernisations and spatial needs make its renovation uneconomic.

Housing Policy 14:

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.

Response: The proposed dwelling is located on the footprint of the existing dwelling and fits neatly into the existing farm building group.

By virtue of Housing Policy 11, approval would ordinarily be granted for the conversion of the existing 2 storey barn into living accommodation and its floor area is relevant to this application. The overall floor area is 3 sq.m smaller than the existing dwelling & barn to be removed.

The proposed dwelling is 45% larger than the existing dwelling (not including existing barn) this is in accordance with guidance given in Housing Policy 14.

The dwelling is designed as close as is practical to the guidance in Planning Circular 3/91 in respect of overall and window proportions.

Energy Policy 2:

Land within 9m either side of an overhead High-Tension power cable will be safeguarded from development.

Response: Whilst there is a High Voltage overhead power line crossing the site, it is located 43m from the proposed dwelling.

Residential Design Guidance 2021:

Response: The proposed dwelling has been designed and will be constructed in accordance the guidance given in Residential Design Guidance 2021 and will be a substantial improvement in all respects over that provided by the existing dwelling.

The new dwelling will provide a more sustainable, energy efficient, well ventilated, naturally lit home than proved by the existing dwelling. The dwelling will utilise modern building materials and will be constructed to standards higher than required by the current building regulations.

The dwelling will provide safe & usable access & facilities for its ageing & disabled occupants. Planning Circular 3/91: Response: The proportions of the proposed dwelling are designed in accordance with Planning Circular 3/91 and its windows are proportioned to follow the “golden rectangle” traditional proportions. Entrance:

Existing Entrance: The existing entrance to the dwelling & farm is located on the Hope Road, within a 40mph speed limited area. The entrance and driveway are unmade. The entrance is flanked by Manx bank hedges which reduce the visibility to 6 / 6.5m in either direction. The entrance relies of the use of mirrors which are located on the opposite side of the carriageway. The existing dwelling is a 4-bedroom dwelling. The entrance has been used by the family for many years and as such are familiar with its use. The existing entrance would not meet with current standards.

Entrance Improvements: This proposal does not increase the number of dwellings or change the use of the entrance. There will be no change of ownership or users, familiarity with the use of the entrance will remain unchanged. The proposed dwelling has 1 additional bedroom and whilst the increase is marginal, it could be viewed that this, in the long term, could increase traffic movements to and from the site. To compensate for the potential increase in traffic movements some improvements to the existing entrance are proposed as follows:

- • Reducing the level of flanking bank to north by 500mm to a height of 900mm when viewed from a 2.4m setback position giving increased visibility from 6m to 20m.
- • Reducing the level of vegetation growth on bank to south to a height of 900mm when viewed from a 2.4m setback position giving increased visibility from 6.5m to 60m.
- • Retention of existing mirrors
- • Tarmacadam surface applied to entrance to prevent gravel run off onto highway.
- • Installation of linear drainage channel to prevent excess water run off onto highway.
- • Relocate live-stock fence to south so as to fall outside the line of visibility.

It is proposed that these improvements can be made solely within the curtilage of land owned by the applicant and can be achieved without the loss of any trees or significant hedgerows. It is proposed to plant new native trees to the south of the entrance, but these will be located outside and higher than the line of visibility. These trees will be an improvement to the environment and will assist in further restricting the view of the dwelling from the public highway.

Parking: There is ample parking in front of proposed dwelling and within the existing farmyard for all domestic and farm vehicles.

Conclusion: The application complies with and addresses current planning policies and guidance. The replacement dwelling is modest and respects its surroundings. It is designed to be fit for purpose to provide a home for a local rural family. Heritage is not purely about the buildings that are present in our rural landscape, it also is about our people and the family connections with the land that all make up our heritage. This application seeks to retain those family connections, provides a modern home for 3 generations of the one family who have called Ballahig home for many years. We urge those considering this application to consider not just policy but also the overall picture and the personal reasons for this application. Prepared by:

##### Barry Murphy MCIAT Charter Architectural Technologist Construction Design Ltd.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/8800-st-johns-ballahig-the-hope-replacement-new-build/documents/1111986*