**Document:** Officer Planning Report **Application:** 11/00933/B — Erection of a replacement dwelling with associated landscape works **Decision:** Permitted **Decision Date:** 2011-08-30 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/1276-baldrine-ashwood-replacement-dwelling/documents/1251806 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations None received at time of drafting report ### Consultations [Table omitted in markdown export] ### Officer's Report #### The Application Site And Proposed Development The application site comprises the residential curtilage of a detached dwelling located on Ballamenagh Road in Lonan. The proposed development comprises the erection of a replacement dwelling with associated landscape works. The planning application is being considered by the Planning Committee due to it proposing a greater than 50% increase in floorspace over the existing dwelling. #### Planning History It has not been possible to locate records for the original planning approval for the existing dwelling. As such, it is not possible to verify whether the dwelling was constructed as an agricultural workers dwelling and whether it is subject to any conditions on occupancy. In any event, if the dwelling was constructed as an agricultural worker's dwelling such a breach of planning control would be exempt from enforcement given the known nature of occupation of the dwelling since construction. In terms of the assessment of this current planning application there have been two previous planning applications that are considered material to the assessment of this current planning application. Planning application 05/92370/A sought approval in principle for the demolition of the existing bungalow and erection of three dwellings with double garages on the application site. This previous planning application was refused on the 6th April 2006. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 17th October 2006. Planning application 08/01127/A sought approval in principle for the erection of a replacement dwelling and garage. This previous planning application was approved on the 1st August 2008. ## Representations Lonan Parish Commissioners recommend that the planning application be approved. The Department of Infrastructure Highways Division do not oppose the planning application. ## Planning Policy In terms of land use planning the application site is located within wider areas of land that is designated as a) open space/agricultural use; and b) as being of high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005. There are two policies within the plan that area considered material to the assessment of this current planning application: ### Policy L/OSNC/PR/1 states: "There will be a general presumption against development in areas designated as open space or open space for particular purposes." ### Policy L/RES/PR/1 of the plan states: "Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general." In terms of strategic plan policy, the Isle of Man Strategic Plan contains five policies that are considered specifically 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." ### 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." ### Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions 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 dwellings in accordance with Housing Policies 12, 13 and 14." ### 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: - (i) the structural condition of the building; - (ii) the period of non-residential use or non-use in excess of ten years; - (iii) evidence of intervening use; and - (iv) 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 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." ### Assessment The planning application seeks planning approval for the erection of a replacement dwelling with associated landscape works. The proposed replacement dwelling is a modern design that incorporates earth sheltering and a number of environmental technologies. These measures include the use of a Sedum green roof, higher levels of insulation, higher levels of thermal mass, orientation to utilise passive solar gain, higher levels of air tightness, solar panels, ground source heat pump and rainwater harvesting. New entrance gates and section of sod hedge are also proposed as part of the development. The proposal was the subject of pre-application discussion. Under the provisions of General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2007 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. In this instance the existing dwelling has full habitable status and therefore also accords with Housing Policy 12, which means that the primary policy to assess the proposed development against is Housing Policy 14. As can be seen, Housing Policy 14 raises a number of issues that need to be taken into account. First of all it is necessary to look at the siting of the proposed dwelling relative to that of the existing one. In this respect it can be seen that the proposed replacement dwelling is sited east of the existing dwelling, but still within the established residential curtilage. The policy does allow for the re-siting of a replacement dwelling provided this results in an overall environmental improvement. It is therefore necessary to consider whether this proposal constitutes an overall environmental improvement. In this regard due to its position and the alignment of the road the existing dwelling occupies a prominent position that is readily visible. The re-positioning of the proposed dwelling away from the boundary with Ballamenagh Road reduces this visual impact and should therefore result in a less intrusive form of development. This is concluded to constitute an overall environmental improvement and therefore be acceptable under the provisions of the policy in respect of siting. After considering the issue of siting it is then necessary to consider the size of the proposed replacement dwelling. Housing policy 14 essentially breaks this down into the percentage increase in floor area from existing to proposed, based on the outcome of which there are differing considerations within the policy. The starting point for this has to be the floor area of the existing dwelling, which in this instance is estimated to be 174 square metres. The floor area of the proposed replacement dwelling is estimated to be 439 square metres, which equates to an increase in floor area of 152%. A proposed increase in floor area of more than 50% is not automatic reason for refusal of a planning application as Housing Policy 14 goes onto to state that there are two grounds for consideration to be given to larger dwellings. Under the provisions of Housing Policy 14 the two grounds on which a larger replacement dwelling may be acceptable are i) where the proposal involves the replacement of an existing dwelling of poor form with one of more traditional character; ii) or where, by its design or siting, the proposed development would have less visual impact than the existing. In respect of i) it is considered that the existing dwelling is of poor form. This existing dwelling is a system built bungalow that is somewhat bland and non-descript in terms of character, design and overall appearance. As such, the existing dwelling is not felt to add much value to the amenity of the area and its replacement could be beneficial. However, whilst the proposed replacement dwelling is considered to be of high quality it could not be said to be of more traditional character. It would therefore be difficult to justify the proposal on the basis of it involving the replacement of an existing dwelling of poor form with one of more traditional character. As for ii) it is considered that the re-positioning of the proposed replacement dwelling and its design could be viewed as resulting in a development that has less visual impact than the existing dwelling. The use of earth sheltering, curved roof design and choice of materials mean that whilst the proposed replacement dwelling is larger its visual impact is acceptable. The re-positioning further away from Ballamenagh Road means that the impact of the development from the primary public viewpoint (the highway) is reduced. Taking these points into account together with the environmental benefits of the proposed replacement dwelling it is concluded that on balance there is sufficient grounds for allowing the proposal under part ii) of Housing Policy 14. In respect of other issues to consider the proposed dwelling is sufficiently distanced from surrounding property so as not unduly affect private amenity. The proposal improves existing vehicular access and does not unduly harm highway safety. Surface water and foul drainage is acceptably dealt with. It is recommended that the planning application be approved. ### Party Status It is considered that the following parties that made representations to the planning application should be afforded interested party status: - Lonnan Parish Commissioners. It is considered that the following parties that made representations to the planning application should not be afforded interested party status: - The Department of Infrastructure Highways Division. [Table omitted in markdown export] This approval relates to drawing no.s K219/P/10/01, K219/10/10-02, K219/P/10-03 rev. A, K219/10/10-04 and K219/10/21-01 date stamped the 27th June 2011. C 3. Prior to the occupation of the replacement dwelling the existing dwelling must be demolished. Thereafter the land on which the existing dwelling previously stood shall be landscaped to form part of the garden of the overall development. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : APPROVED Committee Meeting Date : 25/8/11 Signed : A. Munn Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO --- *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/1276-baldrine-ashwood-replacement-dwelling/documents/1251806*