**Document:** Planning Officer Report and Recommendation **Application:** 08/01349/A — Approval in principle for the erection of a replacement dwelling **Decision:** Permitted **Decision Date:** 2008-11-04 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/85961-braddan-settlers-hollow-groudle-replacement-dwelling/documents/1529245 --- # 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 the residential curtilage of a detached dwelling that is located adjacent to Groudle Glen Cottages in Onchan. The planning application seeks approval in principle for the erection of a replacement dwelling on the application site. #### Planning History Whilst the application site has been the subject of a number of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application. #### Representations Onchan District Commissioners recommend that the planning application be approved. The owner and/or occupant of 5 Scott Close, which directly neighbours the application site, express an interest in the planning application. They comment on the access arrangements to the application site and concerns that construction will impact on their property. #### Planning Policy In terms of land use planning, the application site is located within wider areas of land that are designated as a) open space for particular purpose (private woodland or parkland); and b) of ecological interest/semi natural vegetation under the Onchan Local Plan 2000. Planning Circular 1/2000, which constitutes the written statement to be read in conjunction with the local plan, states at policy O/RES/P/22 that the entire countryside within the district is designated as being of high landscape value and scenic significance in accordance with the provisions of the Island Strategic Plan Eastern Sector (Planning Circular 9/91). It should be noted that Planning Circular 9/91 is no longer in place as it was time limited for a period of five years and it was never put before Tynwald. Planning Circular 1/2000 contains two policies that are considered specifically material to the assessment of this current planning application: Policy O/RES/P/22 states: "Outside those areas designated for residential development new dwellings will generally not be permitted within the local plan area. This applies particularly to the rural part of the district where the countryside is already protected by the Planning Circular 1/88 the provisions of which will continue to be applied. In addition it should be noted that the countryside in its entirety within the district is designated by the local plan as of high landscape value and scenic significance in accordance with the provisions of the Island Strategic Plan Eastern Sector (Planning Circular 9/91)." Policy O/NC/P/2 states: "In order to preserve the areas of interest for nature conservation within the study area, there will be a general presumption against any development which would have an adverse impact or effect on any area of ecological interest including both those identified in this document and others which may subsequently be identified as of interest or value to nature conservation." In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains four 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." 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 on the application site. The submitted application comprises of the application form, a plan defining the application site in red and a number of drawings illustrating the basic size and design of the replacement envisaged by the applicant. As the planning application seeks approval in principle its assessment primarily requires an examination of the relevant planning policies contained within Planning Circular 1/2000 and the Isle of Man Strategic Plan 2007. In respect of policies contained within Planning Circular 1/2000 it can be seen that policy O/RES/P/22 refers to the application of the provisions of Planning Circular 1/88. This planning circular has now been superseded by housing policies contained within the Isle of Man Strategic Plan 2007, which basically set out the same policy stance that the erection of a replacement dwelling is a permissible exception to the presumption against development in the countryside. As the application site is within a wider area of land that is designated as being of ecological interest/semi natural vegetation it is relevant to assess the implications of policy O/NC/P/2. In terms of this policy it is considered reasonable to assume that the impact or effect of the proposed development would be similar to that of the existing situation, as the proposal is for the replacement of an existing dwelling. In respect of policies contained within the Isle of Man Strategic Plan 2007 it can be seen, that as the existing dwelling contained within the application site clearly has habitable status, the erection of a replacement dwelling is a permissible exception to the presumption against development in the countryside under General Policy 3, Housing Policy 4 and Housing Policy 12. Having had regard to these policies it is concluded that the principle of the erection of a replacement dwelling is acceptable. As the planning application seeks approval in principle and the description of proposed development within the planning application form does not set out any specific matters for consideration all matters of siting, design, size, access, etc. are reserved. It is therefore appropriate to approve the planning application subject to a condition that the matters of scale, form, massing and position of any replacement dwelling shall be the assessed against the provisions of Housing Policy 14 of the Isle of Man Strategic Plan 2007. In that respect, it is apparent from indicative drawings submitted with the planning application and subsequent discussions with the applicant's agent that the applicant envisages a larger dwelling of possibly non-traditional design as a replacement. Housing Policy 14 does include scope for larger replacement dwellings and dwellings of nontraditional design. Assessment of this is a matter that can only be properly considered as a subsequent reserved matters or full planning application when the onus would be on the applicant to demonstrate the acceptability of their proposal against planning policy. The matters raised by the owner and/or occupant of 5 Scott Close are either detailed matters that would be subject to examination within any subsequent reserved matters or full planning application or are not material planning considerations. It is recommended that the planning application be approved. ### 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: Onchan District Commissioners; and The owner and/or occupant of 5 Scott Close. ## Recommendation Recommended Decision: Permitted Date of Recommendation: ### 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. 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. Loc(02) date stamped the 11th July 2008. ### C 3. No approval is granted nor should be conferred by this approval in principle for the development shown on drawing no.s GE/(01), GE:(02), Loc(02) and SN/(01) date stamped the 11th July 2008. The matters of scale, form, massing and position of any replacement dwelling are reserved and shall be the assessed against 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 --- *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/85961-braddan-settlers-hollow-groudle-replacement-dwelling/documents/1529245*