**Document:** DEC Officer Report
**Application:** 22/01511/B — Construction of a garage block and alterations to the existing property including a replacement entrance porch, the removal of the conservatory, a secondary porch, a dormer window, and two chimneys along with alterations to the existing openings, replacement windows, and new external cladding and render finishes to the elevations
**Decision:** Permitted
**Decision Date:** 2023-02-13
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/9792-baldrine-ardane-previously-known-replacement-garage/documents/963726

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# DEC Officer Report

**Application No.:** 22/01511/B
**Applicant:** AMG Investments
**Proposal:** Construction of a garage block and alterations to the existing property including a replacement entrance porch, the removal of the conservatory, a secondary porch, a dormer window, and two chimneys along with alterations to the existing openings, replacement windows, and new external cladding and render finishes to the elevations
**Site Address:** Ardane (previously Known As Croit Ny Cabbyl) Ballamenagh Road Baldrine Isle Of Man IM4 6AQ
**Planning Officer:** Mr Paul Visigah
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 10.02.2023

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

- C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

- C 2. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and retained thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.

## This application has been recommended for approval for the following reason.

The proposal would not unacceptably harm the characteristics of the existing building or the character of the surrounding countryside, and there would be no adverse impacts on neighbouring or public amenity. The proposal, therefore, complies with General Policy 3, Housing Policies 16, Environment Policies 1 and 4, and General Policy 2 of the Isle of Man Strategic Plan.

## Plans/Drawings/Information;

This approval relates to the documents and plans submitted 14 December 2022, and the Agents Correspondence received 10 February 2023. _______________________________________________________________

## Interested Person Status – Additional Persons

None _____________________________________________________________________________

## Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of an existing dwelling known as 'Ardane' (previously Known as Croit NY Cabbyl), which is located on the southern side of Ballamenagh Road in Lonan. In terms of existing development within the broader site area defined by the blue line boundary, the site currently contains a stable block, various minor outbuildings, an outdoor riding arena and access driveway. The area to the front of the application site (north and southwest) is generally open, with the area to the rear of the application site (east and southeast) generally wooded. - 1.2 The closest dwelling to the application site is Ballavarane Cottage which sits about 141m southeast of the application site and separated by the wooded area. Ballavarane Farm sits 265.2m north east of the site boundary. - 1.3 The surrounding area is generally open and undulating, with the sod banks along the highway and field boundaries serving to break the views over the undulating green topography. The land s to the north east of the site rise considerably as you approach the coastline.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for construction of a garage block and alterations to the existing property including a replacement entrance porch, the removal of the conservatory, a secondary porch, a dormer window, and two chimneys along with alterations to the existing openings, replacement windows, and new external cladding and render finishes to the elevations. - 2.2 The proposal details would comprise:

- a. Erecting a garage building directly northwest of the easting dwelling and at an offset distance of 1.2m from the northwest elevation of the dwelling. The garage would measure

- 6.6m x 9.7m and be 4.4m tall to the roof ridge (2.7m to the eaves). The external walls would have painted render finish, while the new roof tiles would be similar to the roof tiles on the main dwelling. The garage doors and windows would be powder coated aluminium units.

- b. Erecting a replacement porch on the front elevation (northwest) of the dwelling. This new flat roofed garage would measure 1.3m x 3.9m and be 3.3m from the ground level to the top of its flat roof. This partly open porch would be finished externally in Manx stone cladding (Manx slate or similar).
- c. Lowering the window cill on the first floor front (northwest) elevation and southeast elevation, and installing new patio doors with Juliet balcony.
- d. Adding new timber cladding to be Larch half lap cladding boards and re-rendering of parts of the external elevations with painted finish.

- e. Creating a new two level deck area with planting beds and flag steps at the rear (southeast elevation) and installing new glazed balustrades to the edges. The new deck area is between 1m to 2.4m above the ground level due to the nature of the site topography.

2.3 Other works would include:

- a. Removing the flat roofed dormer on the northeast elevation and installing two new velux roof lights in its place.
- b. Removing the hipped elements on the existing roof and re-aligning the roof to form pitched ends.
- c. Removing integral garage doors, raising the cill and replacing the garage doors with new windows.
- d. Removing the conservatory to the southeast elevation.
- e. Removing the secondary porch to the left of the front (northwest) elevation.
- f. Blocking up a window on the front elevation, and lowering the window cill of a number of the windows on the external elevations to install new patio doors and full height windows.
- g. Removing the existing chimneys on the roof plane.

2.4 As the proposal description states that two chimneys would be removed while the plans showed that three chimneys would be removed, the applicants agent was contacted to confirm that exact proposal details with the chimneys. The agent has now stated via an email correspondence dated 10 February 2023 that all the chimneys (three) would be removed and not two. - 2.5 The application was supported by a Design Statement which sets out the description of the proposed works, details of the site context in terms of site topography and nature of surrounding area, description of the existing property including floor area, the acreage of the application site, and the planning history of the site. This Statement also describes the development in detail, addressing matters of scale and appearance and relationship of the development with the intended use, whilst highlighting the fact that the scheme seeks to rejuvenate a currently neglected site by updating and renovating the principal property on the site.

## - 3.0 PLANNING POLICY

3.1 The site lies within an area designated on the Area Plan for the East as land not designated for a particular purpose, and the site is not within a Conservation Area. The site area is largely free of flood risks, although a strip with low surface water flood risk cuts through the field. There are no registered trees on site, and the site is not within a registered tree area. - 3.2 The Character Appraisal within the Area Plan for the East states thus concerning the area:

- 3.2.1 Glen Roy (B5):
- 3.2.2 Landscape Strategy: "Conserve and enhance:

- a) the character, quality and distinctiveness of the tranquil rural valley, with its scattered houses and farmsteads surrounded by deciduous woodland;
- b) its winding, narrow roads with small fords and bridges;
- c) relatively continuous tree cover in the valley bottom;
- d) strong field pattern on the lower valley sides.

Key Views Opened and channelled views up to the open uplands that surround the area. Channelled views over wooded valley towards Laxey"

3.3 The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of

paramount importance (EP 1 and GP3). However given there is an existing dwelling on the site, it is relevant to consider Housing Policy 16 which guides extensions to a non-traditional dwellings in the countryside.

3.4 Housing Policy 16: The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public. - 3.5 Paragraph 8.12.2: Extensions to properties in the countryside As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside. Care therefore, must be taken to control the size and form of extensions to property in the countryside. In the case of traditional properties, the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be acceptable where these destroy the existing character of the property. In the case of non-traditional properties, where these are of poor or unsympathetic appearance, extensions which would increase the impact of the property will generally not be acceptable. It may be preferable to consider the redevelopment of non-traditional dwellings or properties of poor form with buildings of a more traditional style and in these cases, the Department may consider an increase in size of the replacement property over and above the size of the building to be replaced, where improvements to the appearance of the property would justify this. - 3.6 Since the site has an established residential use and the site is within a location with existing properties, it would also be relevant to consider the general standards of development as set out in General Policy 2. This is hinged on the fact that it relates to design and amenity; indicating development should be supported provided it, "respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them...". - 3.7 Environment Policy 4 protects biodiversity (including protected species and designated sites).

3.9 Other policies within the Strategic Plan which are considered relevant to the proposal are; Infrastructure Policy 5, and Community Policies 10 and 11. - 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 Planning Circular 3/91 (Guide to the Design of Residential Development in the Countryside) is considered relevant. The section on 'Proportions and Form' on page 4 provides advise on how to make variations to the floor area of traditional buildings (extensions).

- 4.1.2 Policy 3 states: "The shape of small and medium sized new dwellings should follow the size and pattern of the traditional farmhouse. They should be rectangular in plan and simple in form. Extensions to existing buildings should maintain the character of the original form".
- 4.1.3 Policy 4 states: "External finishes are expected to be selected from a limited range of traditional materials". The supporting texts to policy 4 states that "Modern construction and materials may be used to achieve a similar external appearance".

4.2 Whilst not adopted planning policy, DEFA's Residential Design Guide (2021) is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions. It is envisaged that a new guidance will be provided for dwellings in the countryside, although some of the broad principles set out within this

- document may still be relevant to such proposals". Section 4.11 which deals with Roof Terraces, Balconies, Decking and Patios is considered relevant.
- 4.3 IOM Biodiversity Strategy 2015 to 2025

- 4.3.1 The strategic aims (In part):

- o Managing biodiversity changes to minimise loss of species and habitats.
- o Maintaining, restoring and enhancing native biodiversity, where necessary.

- 4.3.2 Habitat loss actions "21. DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for."

## - 5.0 PLANNING HISTORY

5.1 The site has been the subject of the following applications which are considered to be materially relevant to the current application:

- o PA 90/04281/B for Construction of additional garage - Approved.
- o PA 96/00437/B for Extension to existing garage - Approved.
- o PA 89/00446/B to construct extension to provide snooker room and two bedrooms Approved.
- o PA 00/00387/C for Change of use of agricultural field to create larger garden Approved.
- o PA 00/01773/B for Erection of conservatory to rear of dwelling - Approved.
- o PA 08/02288/B for Alterations and extensions to dwelling with leisure facilities Approved.
- o PA 09/00910/B

5.2 These applications, some of which have been implemented on site, have resulted in the current appearance of the dwelling which the current application seeks to alter considerably. - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in a letter dated 23 December 2022. They note that they find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking.

6.2 Garff Commissioners have indicated that they have no objection to the application. They, however, note that the proposals are for development of a property in a very sensitive rural location. They state that the outcome of the discussion was that the extensions were felt to be relatively minor and there should be little visual intrusion, etc, from the proposed garage block. They however, note that the application is complex in terms of detail and needs to be looked at (6 January 2023).

6.3 DOI Highways Drainage have made the following comments on the application (3 February 2023):

- o They state that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.
- o They recommend that the applicant should ensure that the proposed changes do not contravene the above clauses.

6.4 No comments have been received from neighbouring properties.

## - 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the assessment of the above application are:

- a. The impacts on the appearance of both the site itself and character of the area having particular regard to the fact that the site is situated in the countryside (HP 16, EP 1, GP 2);
- b. The potential impacts on neighbours and their amenity; and
- c. Impacts on site Ecology (EP's 1 and 4).

## - 7.2 IMPACT ON APPEARANCE OF THE DWELLING AND SURROUNDING AREA

- 7.2.1 In assessing the impacts of the proposed works on the appearance of the existing dwelling, it is considered that the existing dwelling is currently in poor form, with the proposed works seeking to improve its appearance and reinstate its modern appearance with additional contemporary features. Whilst these changes would alter the external appearance of the existing dwelling, the alterations to the dwelling would fit in seamlessly into the appearance and character of the dwelling and would not detract from the overall appearance of the dwelling which is a non-traditional property. The contrasting external finishes in form of stone, render and timber finishes to its external walls, and large areas glazing in the form of patio doors would also serve to strengthen the modern visage which the proposal seeks to achieve with the dwelling.

- 7.2.2 With regard to the addition of the new flat roofed porch, it is considered that a pitch roofed porch would have been more appropriate. However, this addition would serve to establish the modern appeal of the dwelling, and would not detract from the general appearance of the dwelling which is modern. Besides, its scale which is considerably small would ensure it is not a prominent feature of the principal elevation.
- 7.2.3 Whilst it is noted that some of the new elements, as well as the removal of the chimneys would be noticeable when using the Ballamenagh Road which abuts the site, the alterations and extensions are at positions that are not imposing but remain subordinate to the dwelling which retains its key features in the form of pitched roof, concreate roof finish, prominent gables, stone and render finish, and footprint.
- 7.2.4 Additionally, it is not considered that the proposed decking with glass balustrades would result in adverse impacts on the dwelling, given its position at the rear of the dwelling and at a part of the site where it would not be prominent from key vantage points. Moreover, its design and finish would be in keeping with the modern appearance of the dwelling. As such, it is considered that this element of the proposal complies with the requirements of Housing Policy 16 and General Policy 2 of the Strategic Plan.
- 7.2.5 In terms of the visual impact of the garage, it is considered that the triple garage proposed would still appear subordinate to the main dwelling, given its location, scale and finish which ties in with the main dwelling. As well, the proposed build of the garage conforms to the existing built form on site and as such would not be detrimental to the appearance of the existing property on site.
- 7.2.6 Based on the foregoing, it is considered that the proposed scheme would not increase the impact of the building on the character of the site or the surrounding countryside but would fit seamlessly with the existing built fabric on site, whilst preserving the character of the site and the area which is rural. As such, it is considered that the scheme would comply with Housing Policy 16 and Environment Policy 1. 7.3 Impact on Neighbours (GP 2 and the RDG)

- 7.3.1 The key considerations in terms of impact on neighbours are risks of overshadowing and/or overlooking and loss of privacy to dwellings within 20 metres of the site dwelling. In the case of the current scheme, the nearest neighbour to the application dwelling is situated about 141m away, with the existing trees and mature landscaping within the site, the site topography, as well as the wooded areas along the site boundary serving to further screen the

development from its neighbours. As such, it is not considered that there would be any detrimental impact on the neighbours.

### 7.4 Impact on Ecology

- 7.4.1 In terms of impacts on ecology or biodiversity within the site, it is also important to establish if any real harm would result with respect to ecological and environmental concerns, particularly as the scheme would involve some vegetation removal to facilitate the reception of the garage and decking at the rear. In this case, it is considered that the scale of vegetation removal to facilitate the proposal would be minimal and mainly within managed turfed areas within minimal ecological benefit. Additionally, no trees would be removed as a result of the proposal. Therefore, any impacts on biodiversity within the site will be negligible, and overridden by the retention of the rural character of the site which will remain considerably unchanged.

## - 8.0 CONCLUSION

8.1 The application is considered to align with the principles of Housing Policies 16, Environment policies 1 and 4, and General Policy 2, and will not have detrimental impact on the landscape character or neighbouring amenity, and as such is recommended for approval. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

- (a) the applicant (including an agent acting on their behalf);
- (b) any Government Department that has made written representations that the Department considers material;
- (c) the Highways Division of the Department of Infrastructure;
- (d) Manx National Heritage where it has made written representations that the Department considers material;
- (e) Manx Utilities where it has made written representations that the Department considers material;
- (f) the local authority in whose district the land the subject of the application is situated; and
- (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 9.2 The decision maker must determine:

- o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- o whether there are other persons to those listed in Article 4(2) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 10.02.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.

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