DEC Officer Report

Application No.: 20/00420/B Applicant: Mr & Mrs David Hogg Proposal: Erection of sunroom extension to replace conservatory and erection of rear utility extension to dwelling Site Address: Fairfield Agneash Laxey Isle Of Man IM4 7NP Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.07.2020 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason.

The proposed extension has been designed to be modern whilst fitting with the traditional feel of the property and as such complies with General Policy 3, Environmental Policy 1, 2, 4, 22 and Housing Policy 15, 16 of the Isle of Man Strategic Plan

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 16th April 2020:

• o Drawing No. 20 1392 01
• o Drawing No. 20 1392 02 _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is the residential curtilage of Fairfield Cottage, Agneash which is a tradition cottage which has been extended over time situated to the east of Mines Road and is access by a gated entrance situated to the south of the property. - 1.2 The front, side and rear of the property is in full view of the main road (Mines Road) and benefits from a large front and side garden. THE PROPOSAL

2.1 The current planning application seeks approval to demolish the existing conservatory and erect a replacement sun room which is to be situated more at an angle in line with the roadside. The proposed sun room is to measure 7.3m by 4.1m with a height of 4m. The sun room is to have a plinth measuring 0.7m which is to be painted render to the west and north elevation and is to have traditional stonework to the south and east elevations. To the west, east and south elevation the main structure of the building is glass with the sliding doors situated to the east elevation. - 2.2 The roof of the sunroom is to be blue/dark grey natural slates (CUPA heavy 3 or similar) to match the existing dwelling. The roof of the proposed sunroom is to have four rooflights two to the west elevation and two to the east elevation, all rooflights are to measure 0.780m by 0.980m. - 2.3 Within the proposed sun room is a wood burning stove which is situated to the north west and is to have a flue which measures 1.2m outside of the roof pitch and 0.2m above the roof line. - 2.4 Also proposed is the enlargement of the utility to infill the space to the north of the dwelling which will measure 1.7m by 1.8m. Proposed within this enlargement is a door which is glazed to the upper half. PLANNING HISTORY

3.1 There are several applications on the site of which the most recent was PA19/01400/B which was for the "Erection of a detached log cabin to provide a hobbies room" which was approved. PLANNING POLICY - 4.1 The site lies within an area that is not zoned for development on the Laxey and Lonan Area Plan 2005, Map 2 Lonan.

4.2 The site is identified as being in an area of High Landscape or Coastal Value and Scenic Significance. The Laxey and Lonan Area Plan has a policy which is relevant to this assessment, L/OSNC/PR/3 - Areas of Ecological Interest which states: ''In order to preserve those areas of interest to nature conservation within the study area, there will be a general presumption against any development which would have an adverse impact or effect thereon. This policy will apply to areas identified as of ecological interest on the plans and those which may be identified in the future as of such importance''. This area of Agneash is referred to as area 8 on the 2005 map with further information within the written statement on page 30 detailing the area as;

• "4.32 Agneash is a small hamlet within the Parish of Lonan, situated at the end of the cul-desac which leads from Laxey Wheel in a north westerly direction. Agneash acquired its name from the Scandinavian Eggjarnes meaning "edge-ness" due to its location on the lower side of the slopes of Slieau Lhean and Slieau Ouyr (the broad and the brown mountains). The hamlet comprises approximately twenty dwellings the majority of which have existed in the village in some shape or form for a considerable length of time. The area is popular with walkers who stop their vehicles in the hamlet and walk to Snaefell Mines or in an easterly direction towards The Dreem".
• "4.33 This is a very rural area which is not presently designated for further development and in which development has generally been opposed in recent times due to the visual impact and also due to the very poor access which is generally single width with few passing places between the first very sharp right hand corner after Wheel Hill to the hamlet itself. There is no mains drainage in this part of the parish. Planning permission has been sought in the past for development within the hamlet - field 610337 - see Area 8 - but was refused as the land was not designated and there was perceived to be inadequate provision of mains infrastructure to accommodate the proposed development. The Department considers that this area is not suitable for any further development due to the condition and nature of the roads and the lack of mains sewerage or significant capacity for further supplies of potable water. The area in the vicinity of Development Area 8 is suggested as a habitat for breeding long eared and pipstrelle bats and heath spotted orchid (Dachtylorhiza maculata) have been observed here".

4.3 Given the nature of the application it is appropriate to consider General Policy 3, Environmental Policy 1, 2, 4, 22 and Housing Policy 15, 16. - 4.4 General Policy 3 of the Isle of Man Strategic Plan 2016 states, "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.

4.5 Environment Policy 1 which 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." - 4.6 Environment Policy 2 which 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:

• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential."

4.7 As the site is within an Area of Ecological Interest, Environment Policy 4 is also taken into consideration: "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."

4.8 Due to the installation of the wood burning stove Environment Policy 22 is relevant which states, "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

• i) pollution of sea, surface water or groundwater;
• ii) emissions of airborne pollutions; and
• iii) vibration, odour, noise or light pollution.

4.9 Housing Policy 15 of the Isle of Man Strategic Plan 2016 states "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally). - 4.10 Housing Policy 16 of the Isle of Man Strategic Plan 2016 states "The extension of nontraditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public." REPRESENTATIONS

5.1 Highway Services have No Highways Interest in this application (13.05.20).

5.2 Garff Commissioners have considered the proposal and have no objection (15.05.20). ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application is the principle of the development, whether there are the visual impacts on the site due to the area being an area of High Landscape Value of Agneash and whether there are any impacts on neighbouring amenities.

6.2 Principle

• 6.2.1 In the first instance the principle of the development needs to be addressed. When looking at "Fairfield Cottage," with regards to the Strategic Policies as set out in 4.0 above it is clear that the site itself is outside of the village of Laxey and within the hamlet of Agneash which means that the property is within a rural and protected part of the countryside where development is strictly controlled. Whilst General Policy 3 allows for some exceptions within the countryside the proposed extension does not fit directly into any of these categories.
• 6.2.2 Whilst there is nothing within the Strategic Plan on new development in the form of extensions, there have been extensions approved, in some instances, where the extension would not have an undue impact on the property itself and the countryside or undermine the rural character of an area. Furthermore an extension can be built under Permitted Development (subject to conditions); therefore there is a general acceptance to the principle of an extension within the countryside.
• 6.2.3 Whilst the principle of the extension in general is acceptable, it is required to see whether an extension on this site would be acceptable.

6.3 Visual impacts

• 6.3.1 The policies in section 4.0 are in place to insure that any new development within the countryside is done to conserve the existing rural buildings and features while having a sympathetic design. Planning Circular 3/91 - Guide to the design of residential development in the countryside states "Policy 3, …………………..Extensions to existing buildings should maintain the character of the original form."
• 6.3.2 Whilst it can be seen that the property itself has gone through many extensions over time these have been done to keep the traditional feel of the property in place.
• 6.3.3 The Residential Design Guidance 2019 has guidelines on general Householder Extensions with modern styling. "3.1.4 All extensions and alterations, particularly those incorporating modern design approaches, should be considered holistically with the original/main building and its setting in the landscape/townscape to avoid an awkward jarring of materials and forms. However, well - judged modern designs using contemporary and sustainable materials will be welcomed, as the Department does not wish to restrict creative designs where they can be integrated successfully into their context. Such approaches, where well designed, can serve to both improve the appearance of buildings to the general benefit of the streetscene."
• 6.3.4 The Residential Design Guidance 2019 also provides guidance on the potential visual impact of the extension upon the existing house which states "3.2.1 The first aspect which the Department considers when determining the suitability of an extension to a house is whether the design of the extension fits with the existing property. Extensions should generally appear subordinate to the existing house i.e. appear as smaller additions rather than being overbearing features dominating the existing house."
• 6.3.5 When looking at the proposed extension we can see that whilst the design is modern that it keeps several traditional features such as the stonework to the walls which can be seen whilst driving up Mines Road and also with the natural slate roof. Both of these features help the extension fit within the traditional feel of the property. The proposed extension is also subordinate to the proposed property and this can clearly be seen. Whilst the extension will have a solid wall to the north elevation, this is technically the rear of the building even though it is still seen from the main road of Mines Road. This will also fit within the overall traditional feel of the property and will help the structure fit seamlessly in with the whole building.
• 6.3.6 The extension should enhance the overall property with regards to the area being within a high landscape value.

6.4 Neighbouring amenity

• 6.4.1 Mines Road is a steep road going up to Agneash Mine, "Fairfield Cottage" is situated to the east of this road with the nearest properties being either higher than "Fairfield Cottage" such as "Dreemskerry Cottage" which is situated to the north of the site or lower than "Fairfield Cottage" such as "Fuchsia Cottage" which is situated to the south west of the site. Due to the property being on a hill and the properties nearest being a distance away from the property both north and south west there should be not neighbouring impacts.
• 6.4.2 Whilst there should be no neighbouring impacts with regards to overlooking, overbearing or loss of light, a flue is proposed with the extension which could bring up possible neighbour amenity.
• 6.4.3 When looking at the possible neighbour amenity and the installation of the flue there was recently an application which was approved initially but refused on appeal following an adverse recommendation from the inspection. The application, PA18/01125/B was refused for reasons relating to the appearance of the flue and the effect of its use in terms of smell and smoke nuisance, to the immediate neighbour. The inspector accepted that that flue would only be seen by those living around the site but still considered that an adverse visual impact experienced by them would breach GP2 and the RDG. He was also concerned about the emissions from the flue, regardless of the fact that it appeared to have been installed by a registered installer and that Environmental Health had visited the site and had not experienced any smoke or smell. The flue was installed almost on the boundary of both properties and approximately 1m from the rear elevation, extending around 1m higher than the eaves of the main part of the two storey house.
• 6.4.4 What is proposed at "Fairfield Cottage" is further away from any neighbouring properties, with "Dreemskerry Cottage" being around 44m away to the north and "Fuchsia Cottage" being around 48m away to the south west of the proposed extension and flue.
• 6.4.5 Discussions were held with the Head of Building Control and Standards within the Department indicate that in his view, the issue at Close Cowley was not with the location and installation of the flue which would appear to accord with the guidelines in the Building Regulations, but with the operation and it is possible that incorrect fuel was being used. There are procedures for this which would normally involve the installer returning to check the installation. Whilst in the Close Cowley case, the EHI visited the site it is clear that on their visit there was no smoke or smell nuisance. It would appear from the discussions with Building Control that there are both standards for flues and measures which can be taken through Building Control and Environmental Protection which can address issues should they arise. As such, in the absence of any evidence that this current proposed flue will result in harm to the living conditions of those in adjacent dwellings, it is considered that the application is acceptable. CONCLUSION

7.1 For the above reasons the proposal is considered to comply with General Policy 3, Environmental Policy 1, 2, 4, 22 and Housing Policy 15, 16 of the Isle of Man Strategic Plan 2016 and therefore acceptable. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);

• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 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 above who should 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.

Decision Made : Permitted Date: 30.07.2020 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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