**Document:** Officer Planning Report Recommendation **Application:** 08/01338/B — Erection of replacement dwelling, garage and creation of vehicular access **Decision:** Permitted **Decision Date:** 2008-09-15 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/85949-lezayre-sea-croft-replacement-garage/documents/1556800 --- # Officer Planning Report 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 Proposed Development The application site comprises the curtilage of, and land adjacent to a, detached dwelling that is located in the Dreemskerry area of Maughold. The proposed development comprises of the erection of a replacement dwelling with new access drive and garaging on the application site. #### Planning History The application site has been the subject of four previous planning applications that are considered material to the assessment of this current planning application. Planning application 01/01658/A sought approval in principle for the erection of a replacement bungalow and garage on the application site. This previous planning application was initially considered and approved on the 1st February 2002, with the initial approval decision notice issued on the 8th February 2002. Planning application 02/01352/B sought approval for the erection of a replacement dwelling on the application site. This previous planning application was initially considered and approved on the 29th November 2002, with the initial approval decision notice issued on the 5th December 2002. Following a request by the applicant the expiry date of this approval was subsequently extended by the Planning Committee and expired on the 27th October 2006. Planning application 03/00269/A sought approval in principle for the erection of three dwellings on land adjacent to the application site. This previous planning was initially considered and refused on the 19th June 2003, with the initial refusal decision notice issued on the 24th June 2003. Planning application 07/00401/B sought approval for the erection of a replacement dwelling on the application site. This previous planning application was approved on the 18th April 2007. #### Representations Maughold Parish Commissioners object to the planning application. The grounds for their objection can be summarised as concern regarding the visual impact on landscape character of the area and the non-traditional appearance of the proposed dwelling. The Department of Transport do not oppose the planning application subject to the imposition of conditions. The owner and/or occupant of Seacliffe, which is located in Braddan, suggests that although the proposal does not conform to Planning Circular 3/91 it is not sufficiently contrary to Housing Policy 14 to warrant refusal. ## Planning Policy In terms of land use planning, the application site is not designated for any site specific purpose under the 1982 Development Plan Order, but is located within a wider area of land that is designated as being of High Landscape or Coastal Value and Scenic Significance. In terms of strategic planning policy, the Isle of Man Strategic Plan 2007 contains five policies that are considered specifically material to the assessment of the 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 for the erection of a replacement dwelling with associated access and garaging on the application site. Given that the application site has extant planning approval for the erection of a replacement dwelling and that replacement dwellings are permissible under planning policy contained within the Isle of Man Strategic Plan 2007 it is concluded that the principle of development is acceptable. It therefore remains necessary to examine the acceptability of the proposed development. As stated in the assessment of previous planning application 07/00401/B the area surrounding the application site contains a wide range of non-traditional dwellings of varying sizes. The impact of some of those dwellings is arguably significantly greater than that of development on the application site for the current planning application. Notwithstanding that, in terms of the scale, form and design of the proposed dwelling it would be unreasonable to not give significant weight to the existence of planning approval for a replacement dwelling under 07/00401/B as a material planning consideration. It is considered that the dwelling proposed by the current planning application is reduced in scale from that permitted by the extant planning approval. In that regard the impact of the proposed development has to be less than that of something that already has extant planning approval. On that basis it would be unreasonable to oppose the scale, form and design of the proposed dwelling, the proportions, and some features, of which have identifiable traditional elements within it. In terms of impact, the proposed development takes account of the topography of the application site and the surrounding mature tree cover to aid the screening and integration of the proposed dwelling. It is notable that the majority of the proposed dwelling sits below the road that runs along the south western boundary of the application site. Given this, it is concluded that the public visibility of the proposed development within the immediate surrounding area will be suitably limited. Whilst views of the proposed development from further distance are possible it is considered that at that distance the impact of the proposed dwelling is reduced and actual harm to the landscape is suitably limited. In respect of vehicular access arrangements the Department of Transport Highways Division do not oppose the planning application subject to the provision of minimum visibility splays of 2.4 metres metres. That requirement mirrors a condition imposed on the extant planning approval for previous planning application 07/00401/B. Based on the submitted drawings it appears that this requirement can be suitably met and it is considered that any planning approval should be subject to an appropriate condition. The planning application does not specifically define a residential curtilage for the dwelling. Given that the extent of the application site, as defined by the red line on drawing no. 10311/00 rev. A, is larger than would normally be deemed reasonable in terms of residential curtilage it is considered appropriate to impose a condition require the submission and agreement of details of a residential curtilage prior to the commencement of development. The proposed development is considered to be an acceptable form of development and it is therefore 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: Maughold Parish Commissioners; and The Department of Transport. It is considered 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 owner and/or occupant of Seacliffe. ## 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 - : 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 10311/00 rev. A, 10311/10 rev. C, 10311/11 rev. B, 10311/101 rev. B, 10311/100 rev. B and 10311/102 rev. B date stamped the 24th July 2008. ### C 3. Prior to the commencement of development specific details of the access arrangements to show visibility splays of a minimum of 2.4 metres by 25 metres must be submitted to and agreed by the Planning Authority. Thereafter, prior to the occupation of the dwelling the access must be set out in accordance with the aforementioned agreed details. ### C 4. Prior to the commencement of development details of the residential curtilage of the property must be submitted to and agreed by the Planning Authority. 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/85949-lezayre-sea-croft-replacement-garage/documents/1556800*