DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00308/B Applicant: Mr Tom Spiers Proposal: Erection of replacement dwelling Site Address: Upper Kirkill Ballakillowey Road Colby Isle Of Man IM9 4BW Planning Officer: Mr Hamish Laird Photo Taken: 19.04.2023 Site Visit: 19.04.2023 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 06.07.2023 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The principle of development for the erection of a replacement dwelling is not accepted as the dwelling to be replaced has not been abandoned, and could be re-instated to provide habitable living accommodation. This is contrary to Strategic Plan Policies GP3d), HP4c), HP12 and HP13. - R 2. The proposed development is unacceptable because it would be contrary to the provisions of Policy HP14 in the Isle of Man Strategic Development Plan (2016). Whilst the locational requirement of HP14 would be met in that the replacement dwelling would be located on the site of the existing dwelling, the design of the dwelling would exceed the floor-space requirement of no more than 50% of the original dwelling. This is because the overall floor area should take into account the actual floor area which is proposed by the design of the dwelling. This includes that of the front and rear balconies and the rear external staircase. These features are what the design proposes with access between the two separate elements of accommodation at first floor level presaged on the walkway link between the balconies and which reflects the functionality of the dwelling at first floor level. The existing dwellings floor area amounts to approx. 247m2. The overall floor area of the replacement dwelling would amount to approx. 489m2 when taking into account the proposed accommodation on the ground and first floor levels and balconies. This represents an increase of approx. 98%. Such an increase in proposed floor area exceeds the 50% Policy limit over that of the existing dwelling and is therefore, contrary to the provisions of Policy HP14. - R 3. The application proposes the loss of one of the most prominent dwellings in this landscape. Whilst not totally traditional in form, its presence is part of the cultural landscape that the Landscape Assessment and the Island's Biodiversity status seek to preserve. The design of the proposed replacement dwelling is contemporary, and the form and materials proposed by the new dwelling would be out of character with the landscape in which it would sit. Whilst being modern and to some extent, innovative, (use of Solar PV Panels on its SE facing roof-slope) its presence would be obvious and given the open, upland nature of the landscape in which it would sit, it would be obvious when viewed from afar. As such, it would be out of character and keeping with its surroundings and would not result in an environmental improvement. This would be contrary to the provisions of Strategic Policy 5, General Policy 2 parts b) and c); and, Environment Policy 1, which seeks to protect the countryside for its own sake especially given the natural, predominantly open and exposed landscape in which the site is located.

_______________________________________________________________ Interested Person Status – Additional Persons

None. _____________________________________________________________________________

Officer’s Report

1.00 THE SITE - 1.1 The site comprises an existing cottage and associated stables to the rear, situated on the western side of the A36 Sloc Road as it passes through Lingague. The site and adjoining land of six fields within the applicants control extends to approximately 20 acres. The dwelling is 400m from the main road. Between the dwelling and the road are two properties - Kirkle Farm and Kirkle Cottage which are close together and a barn which sits between these two dwellings and the application site. The site lies in the open countryside, the surroundings comprise a mixture of grassed fields and upland slopes. - 1.2 The existing house is a traditional cottage which has been extended on each side - to the left with a two storey extension echoing the style and dimensions of the main core, and to the right a single storey garage with two garage doors.

2.00 THE PROPOSAL - 2.1 Proposed is the replacement of the existing house with a new dwelling. The existing dwelling has a floor area of 247m2, a main front elevation of 8.8m extended to the right with the two storey annex, to 14.6m with the garage on the right taking it to 21.5m. The highest part of the existing dwelling is 7.9m with almost a third of the frontage being single storey. - 2.2 The proposed dwelling will have a main core of 19.2m x 11.3m and would have a continuous built form at ground floor level. At first floor level it would be in two separate elements with an open balcony/corridor separating the two. It would have first floor balconies to the front and rear (joined by the separating open balcony/corridor). The balcony across the proposed front (SE) elevation would run for the width of the dwelling (19.2m) x 2.7m deep. To the proposed rear (NW) elevation, it would run across the main part of the dwelling for a width of 12.0m x 2.0m deep. The external staircase to the rear elevation would be 4.5m across x

• 2.0m wide and would allow access to both the first floor balconies via the open balcony/corridor separating the front and rear balconies. The ridge height would be approx. 8.0m high.

2.3 Overall, the floor area when taking into account the proposed accommodation on the ground and first floor levels and balconies would amount to approx. 489m2. This represents an increase of approx. 98% over the existing floor area. - 2.4 The applicant advises that the existing dwelling has a floor area of 260m2 proposed dwelling would have a floor area of 378m2 without the balconies, representing an increase in floor area of 45%. - 2.5 The rear external staircase would add a further 9.0m2. All the elevations feature roof overhangs which range from 1.5m on the front and rear elevations; and, 0.9m on the side elevations and gap between the two elements. Both elements of the dwelling would have an

• asymmetric pitched roof with a lower rear slope set approx. 0.6m lower than the front roofslope.
• 2.6 The dwelling would provide the following accommodation:

Ground floor: Double garage with store room and plant room at the rear; entrance porch/hall/stairs up; WC; open plan lounge/dining room/kitchen/family dining area, closet; coat store; utility room; and, rear external staircase to first floor.

First floor: Four double bedrooms, one with en-suite shower room and walk-in wardrobe/dressing room; family bathroom, all separated by a first floor external balcony/ walkway which links balconies front and rear and separates a study/living room; and, 'multi-function room'.

2.7 Foul sewage will run to the existing septic tank and rainwater run-off from roofs and paved surfaces will be directed to existing soakaways. - 2.8 The walls are proposed to be of dark grey fibre cement weatherboard. The roofs of standing seam metal sheeting in dark grey. Windows are proposed to be anthracite grey uPVC, and doors anthracite grey aluminium. 16 No. Solar PV Panels are shown as being attached to the SE facing main roofslope to assist with heating the dwelling. PLANNING POLICY

3.1 The application site lies within an area not designated for development and within an area of High Landscape or Coastal Value and Scenic Significance (AHLV) on the Town and Country Planning (Development Plan) Order 1982. On the Area Plan for the South (2013) the site is featured as an area not designated for development. The site is not within a Conservation Area.

3.2 In the Isle of Man Landscape Character Assessment (July 2008) at Figure 3.1 'Landscape Character Types and Areas', the site is identified as being within a Landscape Character Area that is broadly classified as 'A2 - Southern Uplands. - 3.3 Within the Isle of Man Landscape Character Assessment Written Statement (July 2008) under section 3.0 Landscape Character Area (LCA), page 31, the Landscape Strategy is:

"The overall strategy for the area should be to conserve and enhance the character, quality and distinctiveness of the open and exposed character of the moorland, its uninterrupted skyline and panoramic views, its sense of tranquillity and remoteness and its wealth of cultural heritage features."

"Key views Open and panoramic views out to sea and over the southern portion of the Island.

Distant views in some areas enclosed by the surrounding peaks."

3.4 It is noted the site is not identified as being at flood risk. - 3.5 The site is not within a Registered Tree Area.

The following policies of the IOM Strategic Plan (2016) are considered relevant to the consideration of the application:

3.6 Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix

• 3 at A.3.6 or which is not designated for future development on an Area Plan. Development

which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

3.7 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."

3.8 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 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."

3.9 Housing Policy 1 states that 'The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026'. - 3.10 Housing Policy 4: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) 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: "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) (ii) the period of non-residential use(2) or non-use in excess of ten years;
• (iii) (iii) evidence of intervening use; and
• (iv) (iv) evidence of intention, or otherwise, to abandon.

• Housing Policy 13: "In the case of those rural dwellings which have lost their former residential

use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost. Where:

• a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and
• b) there is an existing, usable track from the highway; and where
• c) a supply of fresh potable water and of electricity can be made available from existing services within the highway.

This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement buildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space(3) measured externally, the extension measures less than 50% of that of the original).

• 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."

3.11 Strategic Policy 1: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

3.12 Strategic Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph

• 6.3." (See General Policy 3).

3.13 Strategic Policy 4: Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead to unacceptable environmental pollution or disturbance.

3.14 Strategic Policy 5: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies." - 3.15 Paragraph 7.34.1

• 7.34.1 Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is avoided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to:

• i. be of a high standard of design, taking into account form, scale, materials and siting of new buildings and structures;
• ii. be accompanied by a high standard of landscaping in terms of design and layout, where appropriate;
• iii. protect the character and amenity of the locality and provide adequate amenity standards itself;
• iv. respect local styles; and
• v. provide a safe and secure environment.

3.16 Environment Policy 4: Development will not be permitted which would adversely affect:

• (a) species and habitats of international importance:

• (i) protected species of international importance or their habitats; or
• (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.

• (b) species and habitats of national importance:

• (i) protected species of national importance or their habitats;
• (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or
• (iii) Marine Nature Reserves; or
• (iv) National Trust Land.

• (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.

Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the

time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.

- 4.00 PLANNING HISTORY

4.1 PA 11/00840/B - Erection of replacement dwelling Status - Refused - for the following reasons:

"1. The proposed dwelling by virtue particularly of its design and massing but also due to its size, would be strikingly out of character with the landscape in which it would sit and thus contrary to the provisions of Housing Policy 14 of the Strategic Plan.

1. The site defined in red, which is described in the application form as "residential" includes a substantial amount of land which is not presently residential curtilage and if treated as such, would or could transform what is presently open natural land into domesticised and inappropriately landscaped garden, with the features and elements associated therewith and some permissible under the Town and Country Planning (Permitted Development) Order 2005 which would be out of keeping with the area."

Refused - 29/7/2011. Refused at Appeal 19/12/2011.

4.2 Of particular relevance in the context of the above decisions are the two applications for the replacement dwelling and the alterations and extensions - PAs 07/1109 and 08/0108. The first application 07/01109 proposed alterations to the front in the form of replacement of the garage doors with patio doors and a rear extension which extended the property by 30%. This application was refused for reasons relating to the appearance of the patio doors. - 4.3 PA 08/0108 proposed a replacement dwelling whose front elevation was 14.4m - similar to the two storey element of the existing dwelling, a small recessed single storey annex on the right hand side and a rear two storey extension. The overall floor area was 404 sq m - an increase of 70% of the existing floor area. That proposed dwelling was to be 8.1m in height. This application was permitted but not implemented. - 4.4 PA22/01232/B - Erection of agricultural barn and pump house - Refused - 15.06.2023 for the following reasons:

"1. There is no overriding need for the proposed agricultural building, as has been assessed in the preceding sections of this report. No exceptions can be justified within the submission, as required by General Policy 3f, and there is a conflict in the information provided for the proposed building.

1. There is insufficient justification for the proposed agricultural building to warrant setting aside the presumption against development outside areas zoned for development and would harm the character and quality of the landscape and as such contrary to General Policy 3f, Environment Policy 1 & 15."

Appeal lodged - 21.06.2023 - outcome pending. PA 08/00332/B - Erection of replacement stable block Status - Permitted PA 08/00108/B - Erection of a replacement dwelling Status - permitted PA 07/01109/B - Alterations and erection of extensions Status - Refused

PA 02/00797/B - Creation of wildlife pond Status - Permitted PA 97/01063/B - Erection of five stables and hay store, Kirkill, Ballakilpheric, Rushen. Status - Permitted PA 97/01149/B - Conversion of garage into living accommodation, Kirkill, Ballakilpheric, Rushen. Status - Application Permitted on Review

PA 95/00592/B - Approval in principle to convert garage into living accommodation and erect barn, Kirkill, Ballakilpheric, Rushen. Status - Permitted

PA 90/00374/B - Alterations and extensions, Cheston, formerly Upper Kirkill, Rushen. Status - Refused

PA 88/04427/B - Alterations and extensions to form extra living accommodation and garage, Upper Kirkhill Farm, Lingague, Rushen Status - Permitted

PA 87/04755/B - Alterations and extensions to provide additional living accommodation, double garage and porch, Upper Kirkill Farm, Linague, Rushen. Status - Application Permitted on Review

- 5.0 REPRESENTATIONS

5.1 Highways DC (18/5/23) comments: "After recently becoming aware of this Application and on review, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking and does not oppose it. The Applicant is advised to install secure and enclosed cycle parking storage to aid Active Travel objectives."

5.2 Arbury and Rushen Parish Commissioners comment that: "The Board had no objection to the proposed design provided that it complied with the necessary planning law and guidance." - 5.3 Isle of Man Natural History and Antiquarian Society (24/4/23) "note that the application proposes the loss of one of the most prominent dwellings in this landscape. While the Society is aware that the existing dwelling is not totally traditional in form, its presence is part of the cultural landscape that the Landscape Assessment and the Island's Biodiversity status seek to preserve. The new building in its form and materials is totally contrary to Strategic Plan Housing Policy"

- 6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are;

• (i) Principle - (STP2, STP 10, SP10 and H4c);
• (ii) Design and Visual Impact (Housing Policies HP12, HP13 and, HP14; and, STP5, GP2 b, c; EP1,)

• (iv) Neighbouring amenities (GP2g)
• (v) Highway Safety (GP2 h & i; TP 4 & 7)
• (vi) Trees, Ecology and landscaping (STP4b, EP3, GP2d)
• (vii) Drainage / flooding (GP2l, EP7)
• (viii) Conclusion

• (i) Principle - taking into account the applicants exceptional circumstances

6.2 The proposal is for a replacement of the existing dwelling with the new dwelling to be sited on the footprint of the existing. The existing dwelling is a traditional cottage which has been

• extended on each side - to the left with a two storey extension echoing the style and dimensions of the main core, and to the right via a single storey garage, under a pitched roof with two garage doors. The replacement dwelling is of a contemporary design and would be on 2-storeys, with a gap between two distinct elements at first floor level separated by a walkway. It would have balconies at first floor level across each elevation front and rear with access between via the separating walkway. Solar PV panels would be employed on the front SE facing roof-slope to assist with heating the dwelling. The proposed dwelling would be located in the landscape, part way up the backdrop of The Carnanes.
• 6.3 The principle of development for this application fails to be considered against the provisions of General Policy GP3d) and Housing Policies H4c), HP12, Hp13 and HP14 in the Strategic Plan. It is noted above in paragraph 6.6 that Policy GP3d) and HP4c) advise the same things in that that new housing in the countryside will only be permitted in exceptional circumstances. In this case, and noting that the site is occupied by an existing dwelling which would be replaced as a result of the development, analysis of the details of the proposed development is required to consider if it is acceptable in terms of the provisions of Housing Policies HP12, HP13 and, HP14 and ultimately, Environment Policy 1, which seeks to protect the countryside for its own sake and requires that "Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
• 6.4 Policy HP12 indicates that: "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."

6.5 The structural condition of the building is such that it could be renovated and re-occupied. The applicant advises in paragraph 3.1.x. of their Planning Statement that:

"3.1.x. 08/00110/B - erection of replacement dwelling - permitted: the replacement was 70% larger than the existing (see right) - refers to application planning drawings - The application contained information on the structural stability of the house, noting that the existing roof structure was moving and the first floor/attic joists were not built in or tied to the wall, the extensions carried out previously were of poor quality with no damp proofing and poor footings and no reasonable tying in to the house. The chimneys were causing damp problems within the house and the windows were installed to a poor standard and are poorly proportioned."

6.6 Whilst 15 years has passed since this application was considered, and with the coming into force of the Isle of Man Strategic Development Plan (2007 & 2016) Officers are of the view that if the above-mentioned issues were addressed, which they could be, the dwelling as it is now could be re-instated to form habitable living accommodation. - 6.7 Policy HP13 relates to rural dwellings which have lost their former residential use by abandonment, which is not considered to be the case in this instance as the applicants are seeking a one for one replacement of an existing, potentially habitable, albeit outdated dwelling. It is noted that the site does not lie within a National Heritage Area (as advised in Policy EP6), and the advice contained in this policy is relevant to the consideration of this application.

6.8 Policy HP14 indicates (in part) that: "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)." - 6.9 As noted in paragraph 2.4 above, the applicant advises that the existing dwelling has a floor area of 260m2 proposed dwelling would have a floor area of 378m2 without the balconies, representing an increase in floor area of 45%. It is also noted that the new dwelling would located be on the site of the existing one. - 6.10 Whilst the locational requirement of Policy HP14 would be met, Officers consider that the overall floor area should take into account the actual floor area which is proposed by the design of the dwelling. This includes that of the front and rear balconies and the rear external staircase. These features are what the design proposes. Access between the two separate elements of accommodation at first floor level is presaged on the walkway link between the balconies and reflect the functionality of the dwelling at first floor level. They and their respective floor areas are, therefore, a material consideration in the determination of the application according to the policies in the Strategic Plan. Overall, the floor area when taking into account the proposed accommodation on the ground and first floor levels and balconies would amount to approx. 489m2. This represents an increase of approx. 98% over the existing floor area of approx. 247m2 as calculated by the Case Officer. - 6.11 The floor area of the proposed replacement dwelling, therefore, exceeds the 50% increase over that of the existing dwelling (approx. 98%), and is therefore, contrary to the provisions of Policy HP14. - 6.12 Given the above policy considerations, it is considered that the proposed replacement dwelling does not comply with the provisions of Policies HP12, HP13 and HP14.

• (ii) Design and Visual Impact

6.13 Strategic Policy 5 requires that: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies." - 6.14 General Policy 2 requires (in part) that:

"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;"

6.15 The design of the proposed replacement dwelling is contemporary, although as pointed out by the Isle of Man Natural History and Antiquarian Society, the application proposes the loss of one of the most prominent dwellings in this landscape. Whilst not totally traditional in form, its presence is part of the cultural landscape that the Landscape Assessment and the Island's Biodiversity status seek to preserve. It is considered that the form and materials proposed by

the new dwelling would be out of character with the landscape in which it would sit. Its presence would be obvious and given the open, upland nature of the landscape in which it would sit, it would be obvious when viewed from afar. Whilst being modern and to some extent, innovative, (use of Solar PV Panels on its SE facing roof-slope) it is considered that it would be out of character and keeping with its surroundings and would not result in an environmental improvement. This would be contrary to the provisions of Strategic Policy 5, General Policy 2 parts b) and c); and, Environment Policy 1, which seeks to protect the countryside for its own sake especially given the natural, predominantly open and exposed landscape in which the site is located.

• (iv) Neighbouring amenities

6.16 There are no immediate neighbours owing to the remote location of the site, those closest to it are far enough away for their occupants residential amenities to be unaffected by the development. This accords with the provisions of Strategic Plan Policy GP2g), and EP22.

• (v) Highway Safety

6.17 DoI Highways has advised that the proposed replacement dwelling would have no significant negative impact upon highway safety, network functionality and /or parking and does not oppose it. Officers note that sufficient parking provision is made on site and that secure cycle parking and electric vehicle charging point could be provided within the garage area. This accords with the provisions of Strategic Plan Policy GP2 h & i; and Policies TP 4 & 7).

• (vi) Trees, Bio-diversity and landscaping

6.18 No trees would be lost in order to accommodate the replacement dwelling, and whilst no specific bio-diversity measures have been included with the application, these, along with landscaping to assist in assimilating the development into its surroundings, could be be secured by condition.

• (vii) Drainage / flooding

6.19 The site lies in an area which is unlikely to flood given the elevated nature of the site in the landscape away from rivers and streams. Foul sewage will run to the existing septic tank and rainwater run-off from roofs and paved surfaces will be directed to existing soakaways. It is considered that these arrangements are acceptable and would accord with the provisions of Strategic Plan Policies GP2l, and EP7.

• (viii) Conclusion

6.20 The principle of development for the erection of a replacement dwelling is not accepted as the dwelling to be replaced has not been abandoned, and could be re-instated to provide habitable living accommodation. This is contrary to Strategic Plan Policies HP12 and HP13. - 6.21 Furthermore, the overall floor area should take into account that which is proposed by the design of the dwelling. This includes that of the front and rear balconies and the rear external staircase. These features are what the design proposes and they and their respective floor areas are, therefore, a material consideration in the determination of the application according to the policies in the Strategic Plan. Overall, the floor area when taking into account the proposed accommodation on the ground and first floor levels and balconies would amount to approx. 489m2. This represents an increase of approx. 98% over the existing floor area of approx. 247m2 as calculated by the Case Officer. The floor area of the proposed replacement dwelling, therefore, exceeds the 50% increase over that of the existing dwelling (approx. 98%), and is therefore, contrary to the provisions of Policy HP14. - 6.22 In addition, the site is located in a visually prominent location in the open countryside and is receptive to views from afar. The contemporary design of the replacement dwelling, and the form and materials proposed to construct it would be out of character with the landscape in which it would sit, and whilst being modern and to some extent, innovative, (use of Solar PV Panels on its SE facing roof-slope) would not result in an environmental improvement. This would be contrary to the provisions of Strategic Policy 5, General Policy 2 parts b) and c); and,

• Environment Policy 1, particularly the part which advises: "Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
• 6.23 It is recommended that the application be refused.

- 7.0 INTERESTED PERSON STATUS

7.1 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.

7.2 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 6(4) who should be given Interested Person Status.

7.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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 : Refused Date: 11.07.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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