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Application No.: 17/00908/A Applicant: David Stephen Brew Proposal: Approval in principle for the demolition of existing house and construction of a replacement dwelling (including siting) Site Address: The Driney Laurel Bank St Johns Isle of Man IM4 3NL Case Officer : Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 20.02.2018 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The replacement dwelling fails to meet Housing Policy 12 (b) and will result in a loss of an existing dwelling of historic interest which should be sought to be retained and renovated. - R 2. The inappropriate siting, design and substantially larger size of the replacement dwelling fails to accord with Housing Policy 14. - R 3. The siting and size of the replacement dwelling will result in an adverse visual impact on the quality and appearance of the Island's countryside and the designated Area of High Landscape Value and Scenic Significance. The application therefore fails to meet the tests of Environment Policies 1 and 2. _______________________________________________________________
It is recommended that the following persons should not be given Interested Person Status as they are not considered to be directly affected by the proposals or to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
1.0 THE SITE - 1.1 The current application relates to a site located part way between the Bayr ny Staarvey road and Laurel Bank, Glen Helen along the main A3 road linking St Johns to Ramsey.
1.2 The site is located part way up a steep slope and within a small grove of mature trees. It comprises an existing Manx vernacular cottage known as The Driney and a small outbuilding. The existing two storey cottage (10m x 5m) is stone built with the traditional south facing frontage including a small central front porch (1.5m x 1m) with two windows either side and three windows are vertically proportioned above. Towards the rear the slate roof descends to a part cat slide finish (5.5m x 3m). The adjacent side has at some stage been amended to provide a small covered lean to area (4.5m x 3m) - despite the fact there is no roof at present. - 1.3 The total floor area of the property including the rear annex is 131.5 sq m. Total area without the annex is 118 sq m. It appears that the property is only used as an area of storage. - 1.4 Externally the property looks mostly intact although of poor form and does not appear to have been lived in for some time. The majority of the windows have been boarded up and there are tiles missing and holes in the roof. Water ingress is likely to have occurred. There are cracks in some of the elevations and vegetation grows in various spots across the building. It appears that the property is only used as an area of storage. - 1.5 The site is shown to be accessed via a small grassed track (not well established) past the closest neighbouring property Sunnybank.
2.0 THE PROPOSAL - 2.1 Proposed is the demolition of the existing cottage and the erection of a replacement dwelling in a new location. - 2.2 The proposed dwelling is to be sited further north than the existing property and located out of the trees. Between the closest edges the proposed dwelling will be approx. 6m from the existing, within field 312299, but somewhat closer to the Bayr ny Staarvey. - 2.3 The proposed dwelling appears two storeys and finished with a pitched roof. It is to be 14m x 10m and 9m high to the central ridge. A front porch 2m x 2m is located on the northern facing elevation. - 2.4 The supporting statement for the application indicates that the dwelling is to be designed to "Passive'" standards and this is the reason for its location outside of the existing trees. The intentions are to utilise solar gain to provide central heating and hot water for the dwelling.
2.4 Given the size and height of the two storey dwelling the total floor area of the proposal is expected to be at least 284 sq m. This does not include the potential for additional accommodation in the roof space. - 3.0 PLANNING HISTORY
3.1 There have been no previous planning applications for the site. - 4.0 PLANNING POLICY
4.1 The site lies within an area designated on the 1982 Development Plan as an area not specified for any particular purpose and also within an area of High Landscape Value and Scenic Significance. The site is also situated close to an area of woodland as identified on the same 1982 plan.
4.2 Given the locality of the site there is a general presumption against any kind of development as set out in General Policy 3 and an emphasis placed on the protection of the countryside and landscape set out in Environment Policies 1 and 2. The most relevant policies and paragraphs of the IOM Strategic Plan 2016 in the assessment and determination of the
current application are: Environment Policies 1 and 2, part (d) of General Policy 3, paragraph 8.11.1, Housing Policy 12 and Housing Policy 14.
4.3 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: (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14)..." - 4.4 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 overriding 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." - 4.5 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:
4.6 Paragraph 8.11.1 - Replacement Dwellings in the Countryside There are in our countryside many existing dwellings, some of which contribute positively to its appearance and character, and some of which do not. A number of dwellings have been abandoned for many years; their physical remains being a reflection of agricultural and social change across the Island. They form features in the rural landscape which are often not unacceptable in their present state. It is appropriate to encourage change which would result in overall environment improvement, and to discourage change which would not. Where the building(s) concerned are of architectural merit or of local, historical or social interest demolition and replacement will be discouraged. - 4.7 Housing Policy 12 "The replacement of an existing dwelling in the countryside will generally be permitted unless:
In assessing whether a property has lost its habitable status by abandonment, regard will be had to the following criteria:
4.8 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."
4.9 A draft Landscape Character Assessment was commissioned by the Department in 2009 which set out a more sophisticated analysis of the rural areas of the Island. This draft identifies Glen Helen as one of the Island's Narrow Upland Glens. This type of landscape has a strategy which seeks to conserve and enhance the character, quality and distinctiveness of the valley with its dense deciduous woodland in lower valley bottom, the National Glen Helen, the scattered clusters of traditional farmsteads and the tranquillity and remote character of the upper valley.
5.1 Highway Services have provided the following comments on the application "the proposal is to demolish an existing dwelling in the countryside and replace it with a new dwelling. It is not clear where the proposal will access onto the public highway although there are existing tracks and lanes' serving the application site and other dwellings in the vicinity. The application is in principle with the means of access to be included in remedial matters". Highway Services have indicated that they do no not oppose the application subject to the addition of two conditions requiring detailed access information between the dwelling and details of the car parking provision and manoeuvring spaces, both of which must be set out to meet current standards (25/09/2017).
5.2 German Parish Commissioners raise no objection to the principle of a new dwelling however do have concern of the size of the replacement dwelling (13/09/17).
5.3 Original comments from the Senior Biodiversity Officer DEFA were made on 15/09/2017 requesting that a bat survey be carried out for the property. Following the submission of a bat survey by the agent on 08/11/2017 the Senior Biodiversity Officer DEFA provided updated comments on 22/12/2017 stating that they were happy with the finding of the bat report and had no objection to the development with the caveat that care be taken during the demolition as it remains possible that individual bats might be found. - 5.4 A resident of Meadowcroft, Ballabooie Road, near Peel has written in objecting to the application on two grounds:
The resident of Meadowcroft also states within their objection that as the application is for a replacement dwelling in the countryside that they expect it to be presented to the Planning Committee rather than considered directly via delegated powers (07/02/2018).
6.1 The fundamental issues to consider in the assessment of this application are:
6.2 The existing property appears not to have been lived in for quite some time although how long is unknown. As of now the property is mostly utilised for the storage of miscellaneous items relating some of which relate to the keeping or previous up keep of the surrounding land.
6.3 Following email correspondence with the IOM Government Valuation Department it is understood that rates are still being paid for the property. They indicated that they have no records as to when the property was last occupied, but that the low valuation of the property would suggest that it was originally valued as an agricultural property. - 6.4 It is a fine balance as to whether the property remains in habitable status, while it has not been lived in for some time it is difficult to fully ascertain whether this period of nonresidential use is in excess of 10 years to warrant it abandonment. ARCHITECTURAL & HISTORIC INTEREST - 6.5 The property encapsulates all the architectural and historic qualities and features of traditional Manx vernacular dwelling. Properties such as this are sought to be retained and repaired to ensure the longevity of the heritage of the Islands built environment. RENOVATION - 6.6 Although the application has not been submitted with any kind of structural report the property appears largely intact and seemingly capable of renovation (at cost). Aforementioned if the habitable status has not been lost the property could be subject to some levels of renovation without the need for planning permission - such as the replacement of windows, internal alterations or the repair of the roof. HP 12 - CONCLUSION - 6.7 The policy indicates that the replacement of an existing dwelling in the countryside will generally be permitted unless it is of sufficient historic or architecture interest to warrant its retention and renovation, or if it has already lost its habitable status it cannot be replaced. - 6.8 In the case of this application there is a tilted balance in favour that the existing property is within the bounds of its habitable status, however the historic qualities of the traditional Manx vernacular dwelling must not be lost through demolition. Given the significant contribution to the Island’s heritage and the reasonable structural condition it should be sought for the existing dwelling to be repaired and retained and not to be replaced.
6.9 Where a replacement dwelling is considered acceptable HP 14 sets out that the new dwelling must not be substantially different to the existing in terms of its siting or size, unless it
7.1 While there is a tilted balance in support of the existing dwelling still being within its habitable status, the proposed replacement dwelling is considered to result in a loss of an existing historic Manx dwelling which should be sought to be retained and renovated.
7.2 The replacement dwelling by reason of its alternative siting would result in an increased visual impact from the Bayr-ny-Staarvey. The size of the replacement dwelling is significantly greater than the existing and far exceeds that which is generally permissible under HP 14. The proposed size of the dwelling would also result in an adverse visual impact on the character of the area.
7.3 Although the proposed replacement is expected to be designed to a passive house standard, the environmental improvements are not considered to be substantial enough to outweigh the loss of the existing dwelling or to outweigh the adverse impacts of the revised siting and size. - 7.4 The application fails to meet the tests of Housing Policy 12 (b), Housing Policy 14 and both Environment Policies 1 and 2. - 7.5 DEFA Standing Order No. 03/16 sets out in Section 3 the conditions and circumstances regulating the determination of applications by the Planning Committee. Section 3 (d) indicates where an application is recommended for approval and is contrary to the provisions of the Development Plan should this be determined at Planning Committee. As the current application is recommended for refusal it could be progress and determined via the delegated powers.
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:
8.2 The decision-maker must determine:
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date : 22.02.2018 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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