**Document:** Officer Planning Report 09/00204/B
**Application:** 09/00204/B — Erection of a replacement dwelling
**Decision:** Permitted
**Decision Date:** 2009-04-16
**Parish:** Patrick
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/62445-dalby-ballalonna-replacement-dwelling/documents/1371345

---

# Officer Planning Report 09/00204/B

**Application No.:** 09/00204/B
**Applicant:** Mr \& Mrs Leslie Neilson
**Proposal:** Erection of a replacement dwelling
**Site Address:** Ballalonna Dalby Isle Of Man IM5 3BW ### Considerations Case Officer : Mr Steve Stanley
**Expected Decision Level:** Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose. Consultee : Patrick Commissioners Notes: See comments. Consultee : Chief Environmental Health Officer Notes :

### Officer's Report

### The Site

The application site represents the curtilage of an existing detached cottage located at Ballalonna, Dalby, Patrick. The site is situated to the north of an existing barn building which has been converted to form a dwelling. The application site includes an existing two storey cottage and garden which extends to the west terminating at the road which passes Ballalonna. To the south of the existing dwelling is a stream and to the north and east are open fields. The dwelling has a generally run-down appearance.

### The Proposal

This application seeks approval for the erection of a dwelling to replace the existing dwelling. The replacement dwelling would be sited so as to be on part of the footprint of the existing dwelling and would be orientated so as to face north west as opposed to west. This would result in the replacement dwelling being parallel to the highway. A driveway parking and turning area would be provided to the front of the property. The boundary with the field to the north would be demarcated by a sod bank/hedge.

The proposed replacement dwelling would be of a traditional design having a symmetrical double fronted facade with a central porch and a projecting two storey rear outlet.

## Planning Status

The application site is located within an area identified as being as being of High Landscape Value and Scenic Significance by the 1982 development Order. Within the Isle of Man Strategic Plan 2007, the following policies are considered relevant:

General Policy 3, which 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(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."

Housing Policy 14, which 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."

### Planning History

The following previous planning applications are considered relevant in the assessment and determination of this application: 99/00712/A sought approval in principle for conversion of farm buildings to dwellings and new vehicular access. This was approved. 00/01514/B sought approval for the conversion of an existing outbuilding into additional living accommodation. This was approved.

00/01515/B sought approval for alterations and extensions to dwelling and erection of a detached garage. This was refused at appeal. 01/00105/A sought approval in principal to demolish an existing dwelling and erect a replacement dwelling. This was approved at appeal. 01/01515/B sought approval for alterations and refurbishment of old farmhouse to create dwelling. This was permitted.

04/01571/B sought approval for alterations and extensions to the existing dwelling to provide additional living accommodation. This was permitted.

#### Representations

The Department of Transport Highways Division does not oppose this application. Patrick Parish Commissioners have commented on this application stating that the proposed design would be an improvement to the existing dwelling. They also comment on the finish of the replacement dwelling stating that this should closely match the existing property closely. The Environmental Protection Officer has commented on the application seeking clarification on the existing and proposed methods of discharging sewage from the site.

#### Assessment

The main issues to be assessed in the consideration of this application are whether the principle of replacing the existing dwelling is acceptable and whether the proposed replacement dwelling would be acceptable when assessed against the objectives of Housing Policy 14.

General Policy 3 sets out that one of the exceptions to the presumption against development in the countryside is "(d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14)". This leads to a requirement to assess whether the demolition and replacement of the dwelling which is the subject of this application is acceptable. Two considerations are specifically relevant here. Firstly, planning application 01/00105/A sought approval in principal to demolish the existing dwelling and erect a replacement dwelling. This was approved at appeal. As such the principle of replacing the existing dwelling has been established previously. Secondly, the existing dwelling is not Registered or within a Conservation Area and is detached. As such, the dwelling could be demolished without the need for planning approval. It is judged that these two considerations establish that the principle of replacing the existing dwelling is acceptable.

With the principle of replacing the existing dwelling being established, it remains to be assessed whether the proposed replacement dwelling would be acceptable particularly when considered against the requirements of Housing Policy 14. The policy sets out that replacement dwellings in the countryside should be no more than 50% larger in terms of floor area than the dwellings which they replace and should be designed in accordance with Planning Circular 3/91.

The proposed replacement dwelling would have a floor area of approximately 219 sq.m. The existing dwelling has a floor area of 140 sq.m. This equates to a percentage increase of 56%. It should be noted that approved planning application 04/01571/B, proposed to extend the existing dwelling by 69%. Whilst this should not necessarily influence the decision of this application, it is worth noting that a relatively recent approval exists for an extended property which would be larger than what is now proposed.

In situations where proposed replacement dwellings are larger in floor area than the 50% "cap" set out by policy, consideration should be given to the provision set out within Housing Policy 14 for larger dwellings where changes of siting or size would result in an overall environmental improvement. In this case, the dwelling would be sited further away from the adjacent stream which is currently very close to the existing dwelling. It is judged that this would result in an environmental improvement to the watercourse. On visiting the site in November 2008, it was clear that during high levels of rainfall, ingress of water into the existing dwelling was clearly evident.

15 April 2009

09/00204/B

The proposed replacement dwelling is considered to represent a well conceived interpretation of a traditional cottage as advocated by Planning Circular 3/91. The front facade would be balanced and the rear projecting gable would not be longer than the width of the frontage. The dwelling would be finished with a natural slate roof, rendered walls and timber doors and windows. It is judged that the proposed design and use of materials would be sympathetic to the rural setting and to the adjacent group of buildings which have been renovated and converted in a sympathetic manner.

In relation to the comments received from the Environmental Protection Officer, these issues are dealt with by separate legislation covered by Building Control Regulations and the Water Pollution Act 1993.

In conclusion it is judged that the proposed replacement dwelling would comply with the provisions of Housing Policy 14. Whilst the additional floor area created would be  larger than the existing dwelling, the improved siting and well-proportioned design of the proposed dwelling would justify this.

## Recommendation

Permit

### Party Status

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

The Department of Transport Highways Division
Patrick Parish Commissioners
Accordingly the following parties are not granted Interested Party Status:
The Environmental Protection Officer

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 14.04.2009

### Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 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, Ballalonna, Dalby, Patrick, as shown by the plans 2422/2, SM09/185/2 and SM09/185/3 all received 11th February 2009.

C 3. The roof(s) must be finished in natural slate.

C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)

C 5. The external walls shall be finished in rough cast render and retained as such thereafter.

C 6. All external windows and doors shall be of timber construction and must remain as such thereafter.

C 7. The sod bank/hedge to the north of the approved replacement dwelling shall be constructed during the first planting season following the completion of the development and in accordance with the guidance set out within Planning Circular 1/92 "Manx Hedges".

I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : 16/4/9

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/62445-dalby-ballalonna-replacement-dwelling/documents/1371345*