**Document:** Officer Planning Report Recommendation **Application:** 08/01713/B — Erection of a replacement dwelling and garage **Decision:** Permitted **Decision Date:** 2009-02-12 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/86332-east-baldwin-ballawyllin-beg-farm-replacement-garage/documents/1236605 --- # Officer Planning Report Recommendation ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] ### Officer's Report #### The Application Site And Proposed Development The application site comprises of the residential curtilage of an existing dwelling and adjoining land that is located on the western side of the B21 in the upper section of the East Baldwin Valley in Braddan. The proposed development comprises of the erection of a replacement dwelling and detached garage on the application site. #### Planning History The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application. #### Representations Braddan Parish Commissioners have no objections to the planning application. The Manx Electricity Authority expresses an interest in the planning application. The owners and/or occupants of The Barn, Lower Ballawyllan, which is located opposite the application site, supports the planning application. #### Planning Policy In terms of local plan policy, the application site is not subject of any site specific designated and is located within a wider area of land that is designated as open space (agriculture) under the Braddan Parish District Local Plan. Planning Circular 6/91, which constitutes the written statement to be read in conjunction with the local plan, contains one policy that is considered specifically material to the assessment of the planning application. Policy 5.8 states: "Residential development in the countryside has been the subject of Planning Circulars: i) No. 1/88 (revised) Residential Development - Houses in the Countryside ii) No. 3/88 New Agricultural Dwellings iii) No. 3/89 Renovation of Buildings in the Countryside iv) No. 8/89 Low Density Housing in Parkland v) No. 3/91 Guide to the Design of Residential Development in the Countryside. This is a separate publication in its own right. The foregoing set out in detail the policy of the Department with regard to residential development in the countryside and as such must be respected. These circulars comprise appendixes nos. 1, 2, 3 and 4 to this document." In terms of strategic plan policy, although the Isle of Man Strategic Plan contains policies identifying general planning considerations that are applicable to the assessment of a planning application it is considered that there are no specific policies within the plan that are material to the assessment of this current planning application. General Policy 3 states: "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 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." 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 by abandonment, regard will be had to the following criteria: - (ii) the structural condition of the building; - (iii) the period of non-residential use or non-use in excess of ten years; - (iv) evidence of intervening use; and - (v) evidence of intention, or otherwise, to abandon." 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, which is not more than 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." ## Assessment The planning application seeks approval for the erection of a replacement dwelling and detached garage on the application site. The proposal was the subject of pre-application discussions with the applicant and their agent. Whilst the planning policy background set out within Planning Circular 6/91 has largely been superseded by the policies contained within the Isle of Man Strategic Plan 2007 the presumption against residential development in the countryside remains. As set out by General Policy 3 and Housing Policy 12 of the Isle of Man Strategic Plan 2007 one of the permissible exceptions to this presumption against is when the proposed dwelling replaces an existing dwelling. Given that the development proposed by this planning application does seek to replace an existing dwelling, that has not lost its habitable status, it is concluded that the principle of development is acceptable. The residential curtilage of the proposed replacement dwelling has been clarified with the applicant's agent, with an appropriate drawing having been submitted. Having accepted the principle of development it remains necessary to assess the site specific impacts of the proposal. In order to do this it is appropriate to examine the proposed development against Housing Policy 14 of the Isle of Man Strategic Plan 2007. In terms Housing Policy 14 it can be seen that the first paragraph of the policy basically contains three elements that need to be examined. The first element relates to the siting of any replacement dwelling and states that the siting must not be substantially different to the existing dwelling. Given that the siting of the proposed replacement dwelling is similar to that of the existing dwelling the proposed development suitably accords with the first element of the policy. The second element of the policy relates to any increase in size proposed by a replacement dwelling and states that increase in floorspace should not exceed greater than that of the existing dwelling, unless the size would result in an overall environmental improvement. Based on the submitted drawings the existing dwelling has a floorspace of 133.85 sq .m. and the proposed replacement dwelling a floorspace of 288.45 sq .m., which equates to a proposed increase in floorspace. Being in excess of the does not automatically render a proposed replacement dwelling unacceptable as the harm of any larger replacement dwelling needs to be examined, which is borne out by the second paragraph of the policy. This allows consideration to be given to proposals that result larger dwellings 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 an overall environmental improvement. In this instance it could be argued that the proposed dwelling is an environmental improvement over the existing dwelling, which is in need of some repair. The isolated location of the application site means that the majority of public views are from considerable distance, at which the harm of a larger dwelling is suitably limited. Closer views of the proposed dwelling are also limited due to the topography of the area and existing mature tree cover between the application site and the highway. Given this, it concluded that the impact or harm of a replacement dwelling of the size proposed would not be sufficient to warrant refusal and that the generally traditional character of the proposed dwelling is an environmental improvement that has an appropriately limited visual impact. As such the proposed replacement dwelling is an acceptable exception to the second element of the policy. The third element of the policy states that new dwellings should accord with Policies 2-7 of Planning Circular 3/91 (i.e. traditional form and design), unless the proposal is for a dwelling of innovate, modern design that is of high quality that does not result in adverse visual impact. The form and design of the proposed replacement dwelling is essentially traditional and not dissimilar to the form and design of the existing dwelling. As such the proposed replacement dwelling accords with the third element of the policy. The planning application also seeks approval for the erection of garage adjacent to the proposed replacement dwelling and amends the layout of the driveway from the private lane to the proposed replacement dwelling. Given that the proposed garage is domestic in scale and replaces an existing garage of similar scale it is concluded that this element of the proposed development is unobjectionable. The amended driveway layout is not dissimilar to the existing driveway layout and is also considered unobjectionable. Based on the above it is recommended that the planning application be approved. It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status: Braddan Parish Commissioners; and The owners and/or occupants of The Barn, Lower Ballawyllan. It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status: The Manx Electricity Authority. ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 02.02.2009 ### Conditions and Notes for Approval / Reasons and Notes for Refusal - **C: Conditions for approval** - **N: Notes attached to conditions** - **R: Reasons for refusal** - **O: Notes attached to refusals** #### C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. #### C 2. This approval relates to drawing no.s 4218/EX1, 4218/G1, 4218/P1, 4218-LP, 4218/SEX1 and 4218/SP1 date stamped the 4th September 2008 and drawing no. 4218-LP2 date stamped the 11th November 2008. #### C 3. The residential curtilage of the property is hereby defined as the red line defined on drawing no. 4218-LP2 date stamped the 11th November 2008. I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer) **Decision Made:** Permitted **Date:** 12/6/09 **Signed:** ............................................................................................................................................................... Senior Planning Officer --- *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/86332-east-baldwin-ballawyllin-beg-farm-replacement-garage/documents/1236605*