**Document:** Officer Report July 2008
**Application:** 08/01001/A — Approval in principle to erect a dwelling
**Decision:** Permitted
**Decision Date:** 2008-07-31
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/85514-lezayre-land-opposite-ballachree-dwelling/documents/1568000

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# Officer Report July 2008

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

### Officer's Report

#### Site

The application site is the land opposite, Ballachree Cottage, Churchtown, Ramsey. The land is located to the east of Ballachree Cottage and currently within the site comprises an existing garage and shed. The site is on the southern side of the B17 road, and south of the residential property "Tranent".

#### Land Use Zoning / Planning Policy

The application site is located within an area recognised as being an area of "Woodland" not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, but is within an area zoned as High Landscape Value or Costal Value and Scenic Significance.

- Isle of Man Planning Scheme (Development Plan) Order 1982
- The Isle of Man Strategic Plan (20th June 2007) – General Policy 3, Environmental Policy 2 and Housing Policy 12 & 14

### Planning History

The following previous applications are considered relevant:-

PA 07/02136/REM - Reserved matters application for the erection of a dwelling - Plot of land adjacent to The Vicarage, Churchtown, Ramsey – Approved

PA 07/01928/A - Approval in principle for the erection of a dwelling to replace existing detached garage - Refused PA 06/01287/A – Approval in principle to erect a detached dwelling – Refused at Appeal PA 06/01010/A – Approval in principle for the erection of a dwelling – Refused at Appeal PA 05/02036/B – Erection of a double garage with guest room /garden room over and link porch to replace existing garage block - Approved PA 04/00691/A – Approval in principle for the erection of a dwelling with associated works including driveway and turning area - Approved PA 02/01257/A – Approval in principle for erection of dwelling – Refused at Appeal

### Proposal

The application seeks approval in principle to demolition the existing property “Ballacree Cottage” and replace with a new dwelling on the adjacent site, which is highlighted in red on the submitted location plan.

### Representations

Highways Division:-
Do not oppose

Mr A Jessopp, Seacliffe, Old Castletown Road, Port Soderick has commented to the initial proposed scheme which can be summarised as; complies with Housing Policy 12 & 14 and therefore has no objection.

### Assessment/Recommendation

As the site is located within an area of “woodland” not zoned for development, within an area of High Landscape Value or Costal Value and Scenic Significance and due to the proposed development, the following policies are relevant:-

#### General Policy 3:

“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."

### Environment

#### Policy 2:

"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 12:

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(1) by abandonment, regard will be had to the following criteria:

- (i) the structural condition of the building;
- (ii) the period of non-residential use(2) 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:

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(1), which is not more than 50% 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.

Firstly dealing with the principle of the existing dwelling being replaced, the dwelling “Ballachree Cottage” would appear to have had a number of extensions in the past, which have not benefited the appearance of the property. Due to this, it is not considered the property has any particularly merit and therefore the principle of demolition of the dwelling and replaced with a new dwelling is acceptable.

The main issue with the application is whether the proposal would comply with Housing Policy 14. Regarding the size and design, as this application is only in principle, and no detailed drawings have been submitted, therefore, the application at this stage cannot be fully assessed until any future Reserved Matters application.

What can be assessed is the proposed siting. From the application it can be ascertained that the proposed new dwelling would be located not on the existing footprint but within the indicated application. As indicated within Housing Policy 14 “...the new building should therefore generally be sited on the “footprint” of the existing...”. This proposal would not have a significant impact upon the character or appearance of the area, particularly when viewed from the public highway B17 road, due to a number of larger mature trees, mature hedgerows and residential dwellings (Tranent & Broadlands & Kione-ny-Curragh) which are all between the application site and the highway. Additionally, along the northern boundary of the application site comprises a number of trees and hedgerows.

### Recommendation

In conclusion, it is considered as the replacement dwelling would only be moved a relative short distance away from the existing and as the dwelling would be well screened from the nearby public highway, it is considered the proposal is acceptable in principle. Accordingly, it is recommended that the planning application be approved.

### Party Status

The following parties meet the criteria of Government Circular 1/06 and should therefore be afforded interested party status:

- Lezayre Parish Commissioners
- Department of Transport Highways Division

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:-

Mr A Jessopp, Seacliffe, Old Castletown Road, Port Soderick

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 23.07.2008

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

C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
- : 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 relates to the replacement of the existing dwelling as proposed in the submitted documents and drawing 1145-00 all received on 14th May 2008. with a new

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: 29/7/08

Signed: M. I. McCauley Director of Planning and Building Control

C.3 The details submitted under condition 1 above not include details of the timing of the demolition of the existing dwelling. Balla chise Cottage, the removal of all demolition material and the reinstatement of the site to gender area.

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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/85514-lezayre-land-opposite-ballachree-dwelling/documents/1568000*