23 March 2020 · Committee
117, King Edward Road, Onchan, Isle Of Man, IM3 2ax
Permission was granted to erect a replacement dwelling at 117 King Edward Road, Onchan, Isle of Man. The existing property is a single-storey detached bungalow set above the highway on the northern side of King Edward Road, with a large rear garden sloping southwards and views overlooking the bay and Douglas seafront. The officer's report identified two main planning issues: whether the new dwelling would harm the character and appearance of the streetscene, and whether it would adversely affect the living conditions of occupants in the adjacent property. Both issues were resolved in favour of the applicant. The application was approved by committee on 23 March 2020, subject to six conditions.
The application was approved by the Department of Environment, Food and Agriculture on 23 March 2020. The key planning issues considered were whether the replacement dwelling would harm the character and appearance of the streetscene and whether it would adversely affect the living conditions of neighbours. The committee determined that the proposal was acceptable on both counts.
Housing Policy 4
replacement of existing rural dwellings
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. 8.5.6 The anticipated increase in the total number of dwellings on the Island over the Plan period is approximately 14%. By administering the programme of Area Plan preparation, the Department will ensure that there is sufficient land zoned for residential development to meet the overall housing requirement figure required by Housing Policy 1. The Department has resolved to prepare under the provisions of the Town and Country Planning Act 1999 four Area Plans which will concentrate upon larger areas of the Island. These will focus on the North, West, East and South of the Island and correspond with those areas discussed at paragraph 5.9 of the Spatial Strategy Chapter. 8.6 Affordable Housing 8.6.1 The Department is concerned about the increasing difficulties of securing the provision of affordable housing across the Island. The Department can, and does as a Housing Authority, intervene financially to provide financial support to local Authorities; financial support to prospective owner occupiers (through the House Purchase Assistance Scheme 2002) and by direct provision of new houses to rent. The provision of affordable housin g is a material consideration in the preparation of the development plan. In the current situation the Department considers that, to secure an adequate provision of affordable housing, it is appropriate to require that any area of land identified for hous ing purposes should include a contribution towards the provision of affordable housing. 8.6.2 There are currently around 1,584 (as at 31 st March 2007) households on the General Housing Waiting List. In addition, there are some 690 (as at 31 st March 2007) households registered with the Department under the House Purchase Assistance Scheme (HPAS). This indicates a total current need of some 2,274 households for affordable housing. (1) Sustainable Urban Extensions are defined in Appendix 1 8.6.3 In the current circumstances the Department considers that approximately 25 % of new housing provision should take the form of affordable housing. In assessing the appropriate percentage in each instance, the Department will have regard to the fact that the figure is a target over the Plan Period as a whole; to evidence of local housing need; to the nature of the land and viability of the scheme; and to the nature of existing adjacent housing. The 25% provision will be monitored and reviewed as part of any review of the Strategic Plan.
Housing Policy 14
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 buildi ng 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 27 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for bui ldings 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. 8.11.3 It is unlikely that permission will be given for permanent replacement of dwellings which were never intended to have a permanent residential use, such as chalets and other structures built of materials for only temporary or seasonal use. 8.12 Extensions to Residential Property 8.12.1 Extensions to Dwellings in built up areas or sites designated for residential use As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a gener al presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general. (3) Floor Space is defined in Appendix 1 (1) Floor Area is defined in Appendix 1 8.12.2 Extensions to properties in the countryside As there is a general p olicy 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 ac ceptable 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.
General Policy 2
General Policy 2: 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Policy O/RES/P/19
residential development in other parts of Onchan
Housing Policy 6
Housing Policy 6: Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive. 8.8 Groups of Houses in the Countryside 8.8.1 There are in the countryside man y small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys. 8.8.2 Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape. 8.8.3 In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for d evelopment potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition o f this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation. 8.9 New Agricultural Dwellings 8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside. 8.9.2 Agricultural need should be established having regard to: (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm.
Transport Policy 7
Condition 1
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.
Condition 2
2. Prior to the commencement of the construction of the new dwelling hereby approved, the existing dwelling within the site shall all be demolished. Reason: The application has solely been approved on the grounds of being a replacement dwelling and therefore the existing dwelling is required to be removed in accordance with Housing Policy 4. Furthermore, the application has been considered acceptable on the grounds of the existing outbuildings being demolished.
Condition 3
3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
Condition 4
4. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Condition 5
5. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting showing, type, size and position of each and existing landscaping (i.e. roadside hedgerow). All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.
Condition 6
6. Prior to the commencement of the development hereby approved, an Energy Statement shall be submitted and approved in writing by the Department which demonstrates the new dwellings has a Standard Assessment Procedure (SAP) rating of at least 93 (or similar rating system) and prior to the occupation of the dwelling a further Energy Statement post completion shall be submitted to and approved in writing by the Department (planning) to demonstrate that the SAP rating of at least 93 (or similar rating system) has been achieved. Reason: the reason why the application is considered acceptable is due to the overall environmental impacts as outlined on Housing Policy 14 and namely the eco efficiency credentials of the new dwelling.