**Document:** Planning Officer Report Recommendations
**Application:** 13/00289/B — Erection of a replacement dwelling
**Decision:** Permitted
**Decision Date:** 2013-04-23
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/4129-sulby-sulby-glen-replacement-dwelling/documents/1289683

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# Planning Officer Report Recommendations

## Planning Officer Report And Recommendations [Table omitted in markdown export]

## Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE APPLICATION SITE AND THE OBJECTION FROM THE LOCAL AUTHORITY.

### The Application Site

1. The application site comprises the residential curtilage of a detached dwelling located on the eastern side of Sulby Glen Road to the south of Sulby Village, Lezayre.

### The Proposal

2. The proposal comprises the erection of a replacement dwelling within the application site.

### Planning History

3. The application site has been the subject of a number of two previous planning applications that are considered material to the assessment of this current planning application:

4. Planning application 09/01021/B sought planning approval for the erection of a replacement dwelling. This previous planning application was refused on the 20th April 2010. The stated reason for refusal was:

**Reason for refusal 1:**

"The proposal would result in a replacement dwelling of an excessive scale which would detract from the character and appearance of the area by reason of its design, size and massing, and resultant increased visual impact. The proposal is therefore considered to be contrary to Housing Policy 14 & Environmental Policy 2 of the Isle of Man Strategic Plan and Planning Circular 3/91."

5. Planning application 11/01461/B sought planning approval for the erection of a replacement dwelling and detached garage. This previous planning application was refused on the 13th June 2012. 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 22nd October 2012. The four stated reasons for refusal were:

**Reason for refusal 1:**

"The proposal is contrary to Environment Policy 1 of the Isle of Man Strategic Plan 2007 in that the proposed development, if approved, would represent unwarranted encroachment into the countryside to the detriment of the character of the landscape."

**Reason for refusal 2:**

"The proposal is contrary to Environment Policy 1 of the Isle of Man Strategic Plan 2007 in that it has not been demonstrated that there is an overriding national need in land use planning

terms to justify setting aside this policy which requires the protection of the countryside for its own sake."

Reason for refusal 3:
"The proposal is contrary to Housing Policy 14 of the Isle of Man Strategic Plan 2007 in that the proposed development, if approved, would be detrimental to the character, appearance and landscape of this area of countryside by reason of its scale, massing, siting and design."

Reason for refusal 4:
"The proposal is contrary to Policies 2-7 of Planning Circular 3/91 in that the proposed development, if approved, would be detrimental to the visual amenity of this area of countryside by reason of its scale, massing, design and form."

## Planning Policy

6. In terms of land use designation the application site is located within wider areas of land that are designated as i) woodland; and ii) high landscape or coastal value and scenic significance under the Isle of Man Planning Scheme (Development Plan).
7. The application site is also within an area identified as being at potential risk of flooding from encroachment of flood waters from the north and south rather than direct flooding from the river.
8. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following policies that are considered specifically material to the assessment of this current planning application:
9. 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." 10. 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 overriding 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." 11. 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." 12. Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4." 13. Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted." 14. 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." 15. 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." 16. 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."

## Representations

17. Lezayre Parish Commissioners object to the planning application. The grounds for their objection can be summarised as concern that the proposed building is not in keeping. They believe that the existing property should be replaced but consider the proposed replacement to be too imposing.

18. The Department of Infrastructure Highways Division do not oppose the planning application.
19. The Isle of Man Water and Sewerage Authority state that the flood Risk assessment prepared by BB Consulting included with the Planning application is acceptable and do not oppose the planning application.
20. The Manx Electricity Authority expresses an interest in the planning application.

## Assessment

21. As highlighted earlier in this report there is provision for replacement dwellings on a one for one basis within the countryside under established planning policy. As such, the principle of a replacement dwelling is accepted, a conclusion supported by the Planning Inspector's report on the appeal against the refusal of previous planning application 11/01461/B. The main purpose of this planning application is therefore to assess the site specific impacts of the proposal. Such assessment is primarily done against the relevant planning policy whilst having regard to the planning history of the site.
22. The key planning policy to take into account is Housing Policy 14. In terms of this policy the proposed development is located entirely within the excepted residential curtilage of the existing property and part of the footprint of the proposed replacement dwelling overlaps that of the existing dwelling, thereby satisfying those elements of the policy. Conscious of the previous refusal of planning applications for larger replacement dwellings the proposed dwelling is designed as a  increase in floor space over that of the existing dwelling. It therefore does not raise the same concerns that lead to the previous refusal and accords with the relevant element of Housing Policy 14. With those issues addressed it remains necessary to consider the design of the proposed replacement dwelling. In that respect it can be seen that the proposed dwelling is essentially traditional in form and design. As such, it is considered that the proposed design satisfactorily accords with policies 2-7 of Planning Circular 3/91. This element of Housing Policy 14 is therefore also satisfied.
23. The flooding issue has been assessed through a flood risk assessment submitted with the planning application, the findings of which have been incorporated into the design of the proposed development. This flood risk assessment has been assessed by the Isle of Man Water and Sewerage Authority, who have concluded that its contents are acceptable and that they do not oppose the proposed development. On the basis of their view it is concluded that the proposed development satisfactorily accords with the provisions of Environment Policy 10 and 13 of the Isle of Man Strategic Plan 2007.
24. As for other material considerations the proposed dwelling is positioned sufficiently distant from existing surrounding properties so as not to unduly affect private amenity. Access arrangements for the proposed development, which are not significantly changed from the existing situation, are not opposed by the Department of Infrastructure Highways Division and are therefore concluded to be acceptable.

### Recommendation

25. Overall, the development proposed by the planning application addresses the issues that lead to the refusal of previous planning application 11/01461/B and accords with relevant planning policy. It is recommended that the planning application be approved.

### Party Status

26. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

Lezayre Parish Commissioners; and
The Isle of Man Water and Sewerage Authority.
27. 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; and The Manx Electricity Authority.

## Recommendation

Recommended Decision: Permitted Date of Recommendation: 09.04.2013 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : 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 Y/331/1, Y/331/2 and Y /331/4 date stamped the 8th March 2013.

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 :  Committee Meeting Date :  23-4-13

Signed : 500000000000 Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO

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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/4129-sulby-sulby-glen-replacement-dwelling/documents/1289683*