**Document:** Officer Report
**Application:** 18/00040/B — Creation of a roof top pavilion
**Decision:** Permitted
**Decision Date:** 2018-02-26
**Parish:** Santon
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/11187-santon-ashdowne-house-roof/documents/980032

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# Officer Report

**Application No.:** 18/00040/B
**Applicant:** Mr Mark Shuttleworth
**Proposal:** Creation of a roof top pavilion
**Site Address:** Ashdowne House Ballavale Road Santon Isle of Man IM4 1EH Case Officer : Miss S E Corlett
**Photo Taken:** 07.02.2018
**Site Visit:** 07.02.2018
**Expected Decision Level:** Planning Committee
**Recommended Decision:** Permitted
**Date of Recommendation:** 12.02.2018 _________________________________________________________________

## 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

### Plans/Drawings/Information:

This decision relates to drawings 1106 C1600 N, 1106 C1601 O, 1106 C1602 O, 1106 C1603 C, L(-)001 02, L(-)002, L(-)003 02, L(10)001, L(20)001, L(20)002, L(20)003, 001-A and 002-A all received on 17th January, 2018.

_______________________________________________________________ Interested Person Status – Additional Persons

none _____________________________________________________________________________

### Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE

## THE SITE

1.1 The site is the curtilage of a developing new house, situated on the footprint of a former dwelling. The replacement was approved under 10/01883/B as a much larger and contemporary design incorporating a living wall facing Ballavale Road and latterly incorporating a basement level swimming pool accommodating water recycled from the approved water cascade running through the Japanese garden to the south (approved under 13/00831/B). - 1.2 The house is nearing completion and can be seen from the public highway. Another highway runs to the north, providing vehicular and pedestrian access to Santon Railway halt. The boundary of the site on this side has been approved for modification, including the erection of a wall with Japanese features (16/00160/B). The public view of the front of the house is limited to when one is immediately alongside the property due to the alignment of the road and the presence of the railway bridge right alongside. There is a view of the southern elevation from the south although this is mitigated by existing trees. THE PROPOSAL

2.1 Proposed is the addition of a pavilion on the top of the approved house to provide additional living space. The pavilion would be designed to reflect the character of the Japanese garden features with overhanging eaves, complete with an upward extension of the existing projecting column on the front elevation by 1.1m by adding this amount of copper parapet to the top of the approved column. The approved scheme had a short upstand of copper around the top of the column. The accommodation will have - 2.2 The new accommodation will be a bedroom with bathroom and external seating area. PLANNING POLICY

3.1 The site lies within an area not designated for development and of High Landscape Value and Scenic Significance and Private Woodland on The Isle of Man Planning Scheme (Development Plan) Order 1982. As such, there is a presumption against development as set out in General Policy 3 and Environment Policies 1 and 2. However, as this proposal relates to a replacement dwelling that already has permission, it is perhaps more relevant to consider whether what is now proposed accords with what the relevant replacement dwelling policy is trying to achieve. Housing Policy 14 states the following:

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."

3.2 Housing Policy 16 provides advice on extensions of non-traditional houses in the countryside and presumes against development which would increase the impact of existing housing. PLANNING HISTORY

4.1 Planning approval was first granted for the replacement of the dwelling under 12/00355/B and subsequently altered under 15/00902/B. Permission was granted for the creation of the Japanese garden in the field alongside under 13/00831/B along with applications for the

- creation of a botanical garden on the remainder of the land owned by the applicant at that time, to the south and south west of the current application site (13/00830/B, 13/00832/B and 13/00834/B. Permission has also been granted for alterations within the residential curtilage, for the construction of walling and Japanese features - 16/00160/B.
- 4.2 Work has commenced on all of the phases of the botanical garden. REPRESENTATIONS

5.1 Highway Services indicate that they have no interest in the application (09.02.18). ASSESSMENT - 6.1 The issue in this case is whether the proposed additional accommodation would result in any adverse impact on the character and appearance of the area, particularly having regard to the fact that it lies within an area of High Landscape Value and Scenic Significance and alongside the public highway. It is also relevant to consider whether the addition would change the impact of the development such that it would now fail to accord with HP 14 which resulted in the approval of the replacement house in the first instance.

6.2 In the assessment of the impact of the additional accommodation it is relevant to consider the existing situation which is one where there is a large house which is visible to the public due to its proximity to two public highways. What is seen is a large house which is now covered in maturing vegetation but a large house none the less. The proposed addition on the roof will add to the impact but it will still appear as a large and interesting building but now with a copper roof on part of the existing flat roof top. - 6.3 The proportions and scale of the proposed addition will result in something which is not prominent or unattractive and the application is considered to be acceptable.

## CONCLUSION

7.1 The proposal is considered to accord with Housing Policy 14 and Housing Policy 16 and is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
- (d) Highway Services Division of Department of Infrastructure and
- (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision-maker must determine:

- * whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- * whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

### Decision Made : Permitted Committee Meeting Date: 26.02.2018

Signed : S E Corlett Presenting Officer Further to the decision of the Committee an additional report/condition reason was required YES/NO See below

## 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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*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/11187-santon-ashdowne-house-roof/documents/980032*
