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Application No.: 18/01060/B Applicant: Mr & Mrs James Simpson Proposal: Erection of a dwelling with detached garage Site Address: Ballacaroon West Baldwin Road Mount Rule Isle Of Man IM4 4HS Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 20.12.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
This approval relates to the submitted documents and drawings reference numbers 200, 201, 202, 203 REV A, 34 REV A and 204 received on 9th October 2018, 9th November 2018, 22nd November 2018 and 7th December 2018.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following persons should not be given Interested Person Status as they are not considered 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):
Manx Utilities as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A
of the Policy and are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy _____________________________________________________________________________
1.0 SUMMARY OF PROPOSALS - 1.1 This application follows on from a series of previous applications for this site. These applications have generally been for the demolition of the existing dwelling and the erection of a new, larger dwelling further back on the site, together with the conversion of the existing stone barns and/or demolition of these barns and erection of a detached garage black. - 1.2 This latest application proposes slight alterations to the previously approved replacement dwelling and the erection of a detached garage. This current application only proposes a few tweaks to the design. It does not increase the size or height or footprint of the building. Hence it is not proposed to go before the Planning Committee.
2.0 THE APPLICATION SITE - 2.1 The application site currently on site which has been cleared and works have been commenced, albeit whether the works are the currently approved dwelling or this current under consideration is not known, as the works at this time are the same either way. Works included the demolition in recent time of the former dwelling (Ballacaroon) and number of redundant stone and pre-fabricated outbuildings at Ballacaroon Farm, Mount Rule, Braddan. The former dwelling was located directly adjacent to the road. To the north of site is the A23 (West Baldwin Road) and to the west of the site is Mount Rule Equestrian Centre. To the east of the site is an unmade access lane. The application site is approximately 0.5ha in area.
3.0 PROPOSAL - 3.1 The application seeks approval for erection of dwelling and detached garage. - 3.2 The proposed dwelling in terms of proportion, form and size is proposed to replicate a traditional Manx farmhouse design, with five upper windows over a central doorway with two windows set either side of the front door. The elevations of the main dwelling house would be painted render with a natural slate roof. The proposal also includes a two storey side extension finished with stone to the east elevation which forms an 'L' shape. - 3.3 The proposed dwelling would be sited approximately 23 metres to the south of the original footprint of the dwelling. The proposed dwelling would be sited on the original steel framed barn which again has been recently removed. The residential curtilage would remain as approved under the previous permissions.
4.0 PLANNING HISTORY - 4.1 The application site has been the subject of a number of previous planning applications, of which are considered specifically material to the assessment of this current planning application: - 4.2 Approval in principle for the erection of a replacement dwelling, renovation of existing stone barn and access improvements - 06/01535/A - REFUSED - 4.3 Approval in principle for the erection of a replacement dwelling and renovation and extension to existing stone barn - 07/00540/A - APPROVED - 4.4 Reserved Matters application for the erection of a replacement dwelling and conversion of outbuildings to guest accommodation and garaging - 09/01154/REM - WITHDRAWN
4.5 Demolition of existing and erection of a replacement dwelling and renovation of existing barns to form a single dwelling - 11/00033/B- APPROVED - 4.6 Demolition and replacement of existing dwelling including renovation of existing barns (Amendments to PA 11/00033/B) - 11/01518/B - APPROVED - 4.7 Demolition and replacement of existing dwelling including renovation of existing barns (Amendments to PA 11/01518/B) - 12/01057/B - APPROVED - 4.8 Demolition of existing barn and erection of a building to provide guest accommodation, garage, gym and amendments to PA 11/01518/B - 12/01546/B - REFUSED on the following grounds:
"R 1. The building proposed for use as guest accommodation/garage and playroom would be tantamount to the erection of an additional dwelling in the countryside, contrary to established planning policies aimed at protecting the Manx countryside and directing new residential development to locations that accord with sustainable development principles. For these reasons the proposal would be contrary to General Policy 3, Environmental Policies 1 & 2 and Housing Policy 4 of the Isle of Man Strategic Plan.
4.10 Erection of replacement dwelling (comprising amendments to PA 13/00125/B) 14/00064/B - APPROVED - 4.11 Erection of dwelling and detached garage - 17/00105/B - APPROVED
5.1 The Braddan Commissioners do not object (19.10.2018) - 5.2 Highway Services initially objected to the application due to concerns of inadequate visibility splays to comply with planning Condition 5 & 6 of the previous approved application 17/00105/B. Following this additional plans where provided which provided the requested splays of 2.4m 41 to the right and 2.4m x 71m to the left. - 5.3 Arboricultural Officer - DEFA - initially raised concerns of the lack of tree protection of the previous approval. However, after visiting the site and discussing the issues with the applicants and being provided additional information, he makes the following comments (29.11.2018):
"Following the submission of a tree protection plan for this site, I can confirm that this is acceptable.
If this application is approved I recommend that the following conditions are applied.
Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated."
5.4 Manx Utilities initially objected to the application as there is a low voltage underground cable in the area (30.10.2018). However, following this a further email (30.10.2018 - from a different party in MU) comments that they have a scheme in place to remove the underground line and place new cables underground at this site and that this issue can be dealt with by themselves rather than objecting to the application.
6.1 In terms of local plan policy, the application site is located within a wider area of land that is designated as open space (agricultural) under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 2 and also designated as an area of High landscape Value and Scenic Significance. - 6.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. - 6.3 Environment Policy 1 states: "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." - 6.4 Environment Policy 2 states: "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:
6.5 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
6.6 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions 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:
6.7 Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
6.8 Housing Policy 14 states: "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, 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."
7.1 The proposed application has two parts, firstly the proposed replacement dwelling and secondly the proposal to erect the detached garage block/garden store. - 7.2 It can be seen that in terms of principle there is provision for the replacement of existing dwellings in the countryside through planning policy contained with the Isle of Man Strategic Plan 2016. As such, the general principle behind the proposed replacement dwelling is acceptable and therefore the first aspect of the planning application is to assess the site specific impact and acceptability. In terms of this aspect the main planning policies to consider is Housing Policy 14. - 7.3 Whilst works have commenced in line with the previous approval (17/00105/B); the Department has no provisions for amended plans and therefore this new application needs to be considered afresh, albeit significant material planning consideration is given to the fact of the previous approval. - 7.4 While this is the case, it is not considered especially relevant to re-comment on all the issues again. The proposal in terms of size, height, floor area and footprint are as previously approved (17/00105/B). The only differences being tweaks to the design which include:
7.5 Overall, the design of the proposed dwelling is traditional with the side extension designed to look like an attached barn building, albeit this new scheme proposes the barn to have a more contemporary in style, as approved previously. It would not have significant visual impact or result in an encroachment into the open countryside. The proposal results in the main part of the dwelling moving approximately 40 metres from the existing roadside position. The proposal also includes a landscaping scheme for the overall site and the courtyard area, which serves to produce a higher quality development that should hopefully add value to the area. Given its location and position relative to existing surrounding properties the proposed development does not cause undue harm to private amenity. - 7.6 A condition should be attached requiring the visibility splays required by Highway Services and as shown on the submitted drawing 204 be provided by 31st January 2019. The applicants have agreed to this.
8.1 Overall, it is concluded that the basis for allowing a substantial larger replacement dwelling on the application site has been established by the approval of a previous planning applications; the new submission results in the same sized dwelling that was recently approved (17/00105/B); the amount of built development on the site would be reduced over previous applications and given the design, proportion, form and finish of the proposed dwelling would be of a mainly traditional appearance in keeping with the locality it is recommended the application be approved. - 9.0 INTERESTED PERSON STATUS
9.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
9.2 The decision maker must determine:
9.3 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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 21.12.2018 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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