**Document:** Planning Report and Recommendations **Application:** 09/01978/B — The erection of a replacement dwelling (amendments to PA 04/01353B) **Decision:** Permitted **Decision Date:** 2010-05-06 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/35846-lezayre-sarah-s-cottage-ballasloe-replacement-dwelling/documents/1347449 --- # Planning Report and Recommendations **Application No.:** 09/01978/B **Applicant:** Mr Jonathan McCourt **Proposal:** The erection of a replacement dwelling (amendments to PA 04/01353B) **Site Address:** Sarah's Cottage Ballasloe Cornaa Ramsey Isle Of Man IM7 1EQ ### Considerations Case Officer : Mr Chris Balmer **Expected Decision Level:** Planning Committee ### Written Representations ### Consultations Consultee : Highways Division Notes: do not oppose has no traffic management, parking or road safety implications. Consultee : Maughold Commissioners Notes: Members have no objection to the proposals in these amendments. ### Officer's Report The application is before the Planning Committee as the replacement dwelling would be larger than of the original dwelling. SITE The application site forms the residential curtilage of Sarah's Cottage, Ballasloe, Cornaa, Ramsey, which is located east of the Corrany. Current the site comprises of a partially built dwelling. ### Department Policies The application site is within an area recognised as being an area of "woodland and white land", under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; but is within an area zoned as High Landscape or Coastal Value and Scenic Significance. - Isle of Man Planning Scheme (Ramsey Local Plan) Order 1998 - Isle of Man Strategic Plan 20th June 2007 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:- 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." ## "Environment 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." ### "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 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." ### Planning History The previous planning application is considered relevant in the assessment and determination of this application:- Erection of two storey dwelling to replacement existing cottage - 04/01353/B - APPROVED a) Approval in principle for the replacement of existing dwelling - 03/00900/A - APPROVED b) Approval in principle for the erection of a new dwelling - 03/00900/PART - REFUSED PROPOSAL The application seeks approval in the erection of a replacement dwelling (amendments to PA 04/01353B). ## Representations Maughold Commissioners have no objection:- "Members also note that the traditional Manx hedgerow at the front of the property has been fully demolished. They will monitoring the situation and be seeking assurance that this ancient structure is reinstated as indicated on the original plans submitted. Approaches will be made to Building Control and the Planning Enforcement Officer in due course. Members are committed to ensuring the maintenance and restoration of the character of the rural landscape in Maughold Parish." Highways Division:- "Do not oppose has no traffic management, parking or road safety implications." The Authority has received no other privately written representations objecting to the application. ### Assessment As the existing property is not completed, the application seeks approval for an alternative dwelling design. In terms of planning policy Housing Policy 14 remains relevant. This policy states that a replacement should generally be on the same footprint and should not be greater than greater than that of the original building. In terms of this proposal the dwelling would represent a over the replaced dwelling. This is clearly contrary to Housing Policy 14. However, substantial weight must be attached to planning application 04/01353/B, which has been commenced and therefore is in force at this time. This application was approved prior to the adoption of the Isle of Man Strategic Plan, and therefore Housing Policy 14 was not considered when determining the application. The only differences between application 04/01353/B and this new application, is the installation of two double doors to the rear, which would replace the previously approved two windows. The alterations would have no adverse impacts upon the appearance of the property or upon the visual amenities of the surrounding countryside. Whilst the proposal is clear contrary to Housing Policy 14, given the previous application has been commenced, and the proposed alterations only relate to the change of fenestration, and not to the overall size or massing of the dwelling, it would be inappropriate to refuse the application on the grounds of Housing Policy 14. ### Recommendation Overall, for these reasons it is recommended that the application be approved. ### Party Status The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ## Recommendation Recommended Decision: Permitted Date of Recommendation: 08.04.2010 ### 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 the erection of a replacement dwelling (amendments to PA 04/01353B) as proposed in the submitted documents and drawing 09 0606/1 all received on 4th December 2009. C 3. The subcills must be pre-formed concrete cills to a depth of 0.15 m and the windows all timber framed sliding sashes all as shown in the approved drawing. I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : Authority Meeting Date : Signed : Presenting Officer Further to the decision of the Authority 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/35846-lezayre-sarah-s-cottage-ballasloe-replacement-dwelling/documents/1347449*