**Document:** Planning Officer Report and Recommendation
**Application:** 08/01127/A — Approval in principle for the erection of a replacement dwelling and garage
**Decision:** Permitted
**Decision Date:** 2008-08-01
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/85767-baldrine-ashwood-replacement-garage/documents/1527989

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# Planning Officer Report and Recommendation

## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export]

### Officer's Report

#### The Application Site And Planning Application

The application site comprises of a combination of the curtilage of a detached dwelling and adjoining field, which is located on Ballamenaugh Beg Road in Baldrine, Lonan. The site can be found at the northern end of Ballamenaugh Beg Road close to Baldrine Park Estate.

The planning application seeks approval in principle for the erection of a replacement dwelling and garage on the application site.

#### 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. There has been one more recent planning application that is 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 considered and refused on the 31st March 2006, with the refusal decision notice issued 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.

#### Representations

Lonan Parish Commissioners recommend that the planning application be approved. They advise that they understand that there may be an agricultural tie on this property, suggesting that the applicant should confirm the status of the existing dwelling and, if necessary, make the appropriate application.

The owners and/or occupants of Ballaclague House, which located approximately 750 metres south east of the application site, express an interest in the planning application. They do not object to the proposed

development but suggest that the entrance and boundary hedge should be set back in the interests of highway safety.

The owner and/or occupant of Seacliffe, which is located in Braddan and a significant distance from the application site, express an interest in 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 a number of 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  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 in principle for the erection of a replacement dwelling and garage on the application site. Whilst the submission contains a site plan of the proposed dwelling a suggested front elevation for the replacement dwelling these can only be viewed as illustrative given that the planning application seeks approval in principle.

The application site for previous planning application 05/92370/A was the same as the application site for this current planning application. Concerns were previously raised over whether residential use extended across the full extent of the application site or whether the curtilage of the dwelling has been extended to include an adjacent field. The conclusions of the Planning Inspector appointed to assess the appeal do not clarify this issue, as other planning policies were more significant. Given the appearance of the application site and aerial photography it appears that the application site has not been in agricultural use for a period in excess of ten years. On that basis it would be difficult to counter against the residential use of the full application site.

As the planning application seeks approval in principle its assessment primarily requires an examination of the relevant planning policies contained within the Isle of Man Strategic Plan 2007. In terms of this it can be seen that the erection of a replacement dwelling is fundamentally acceptable under General Policy 3 and Housing Policy 12. Whilst the drawings submitted with the planning application indicate clear aspirations for the replacement dwelling to be a substantial sized dwelling it remains the case that the planning application seeks approval in principle not full planning approval. As such the specifics of size and design are not matters to be specifically examined as part the assessment of this planning application. Rather, they are matters that should be assessed as part of any subsequent reserved matters or full planning application in accordance with the provisions of Housing Policy 14. It is therefore considered appropriate that any approval should be subject to a condition requiring the proposed development to be in accordance with the provisions of Housing Policy 14.

In respect of other planning policy matters it is considered necessary to assess the proposal against Environment Policy 2 as the application site is located within a wider area of land that is classified as being of high landscape and scenic significance. In this respect it is concluded that the character and quality of the landscape need not be unduly harmed by the erection of a replacement dwelling as the application site already contains residential and other built development. The design and exact siting of a replacement dwelling would be an issue to examine as part of any subsequent reserved matters or full planning application. The provision of

suitable visibility splays and turning facility within the application site is also a matter that would need to be addressed within any subsequent reserved matters or full planning application.

The proposal can be undertaken in a manner that accords with the relevant planning policy contained within the Isle of Man Strategic Plan 2007. It is therefore recommended that the planning application be approved subject to conditions relating to Housing Policy 14.

#### Party Status

I consider 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:

- **Lonan Parish Commissioners.**
- I consider that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

- The owners and/or occupants of Ballaclague House; and
  - The owner and/or occupant of Seacliffe.

#### Recommendation

**Recommended Decision:** Permitted

**Date of Recommendation:** 28.07.2008

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

- **C: Conditions for approval**
- **N: Notes attached to conditions**
- **R: Reasons for refusal**
- **O: Notes attached to refusals**

## **C 1.**

This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.

## **C 2.**

This approval in principle relates to the application site defined by the red line on drawing no. 193.2.2 date stamped the 5th June 2008.

## **C 3.**

No approval is granted nor should be conferred by this approval in principle for the development shown on drawing no.s 193.2.2 and 193.2.3 date stamped the 5th June 2008. The scale, form, massing and position of any replacement dwelling shall accord with the provisions of Housing Policy 14 of the Isle of Man Strategic Plan 2007.

I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control)

**Decision Made:** Permitted **Date:** ....................................... **Signed:** .......................................

M. I. McCauley Director of Planning and Building Control

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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/85767-baldrine-ashwood-replacement-garage/documents/1527989*