**Document:** Officer Planning Report Recommendation **Application:** 09/00381/B — Erection of a replacement dwelling and garage (comprising an amendment to 08/01713/B) **Decision:** Permitted **Decision Date:** 2009-05-11 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/62693-east-baldwin-ballawyllin-beg-replacement-garage/documents/1374800 --- # Officer Planning Report Recommendation ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### 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. The proposal represents an amendment to the dwelling permitted under extant planning approval 08/01713/B. #### Planning History The application site has been the subject of one previous planning application that is considered specifically material to the assessment of this current planning application: Planning application 08/01713/B sought approval for the erection of a replacement dwelling and garage on the application site. This previous planning application was considered on the 12th February 2009, with the approval decision notice issued on the 12th February 2009. #### Representations The Department of Transport Highways Division do not oppose 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 is an amendment to the dwelling permitted under extant planning approval 08/01713/B. The overall size and form of the proposed dwelling is identical to the previously approved dwelling, with the only differences being the removal of a previously proposed door on the side elevation and the replacement of previously proposed patio doors with a window on the rear elevation. These changes are relatively minor and unobjectionable. The main issues of size, form and design remain unchanged from that permitted under previously approved planning application 08/01719/B. 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 meet the criteria of Government Circular 1/06 and should be afforded interested party status: The Department of Transport Highways Division. Recommendation Recommended Decision: Permitted Date of Recommendation: 16.04.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : 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-LP, 4218/P1, 4218/P2 and 4218/SP1 date stamped the 6th March 2009. 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. Lit. Hand 2009 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 : 7.11.2009 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/62693-east-baldwin-ballawyllin-beg-replacement-garage/documents/1374800*