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Application No.: 20/00651/B Applicant: Mr & Mrs Paul Watterson Proposal: Erection of replacement dwelling Site Address: Prospect Villa Andreas Road Aust Ramsey Isle Of Man IM7 4EF Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 02.11.2020 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
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.
In the event that trees become damaged or otherwise defective during such period, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. In the event that a tree dies or is wilfully removed without prior consent it shall be replaced as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with trees of such size, species and in such number and positions as may be agreed with the Department.
Reason: to ensure the continuity of amenity afforded by existing trees. This application has been recommended for approval for the following reason.
It is considered the resulting development would result in a well-designed and high quality development which should be supported and encouraged, especially as the visual impacts are not considered significant; argue results in having less visual impact. Therefore, for the reasons indicated within the report, it is considered the proposal would be acceptable, complying with Environment Policy 1, HP12 & HP14 of the Isle of Man Strategic Plan.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received;
24th June 2020
Manx Bat Group Survey Report dated 19th August 2020 _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT PROPOSES A REPLACEMENT DWELLING THAT HAS A GREATER THAN 50% INCREASE IN FLOOR AREA OVER THE DWELLING TO BE REPLACED AND IS RECOMMENDED FOR APPROVAL
1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of Prospect Villa, a detached dwelling within open countryside sited on the north eastern side of the A9 Andreas Road, Aust. The application site is approximately 850 metres south east from Regaby Crossroads. - 1.2 The existing dwelling is a two storey detached dwelling which has had a number of alterations/extensions undertaken in the past. Most noticeable is a single storey extension/conservatory to the front elevation (east) and what appears to be a two storey rear extension, which includes large picture widows within. However, it may have been this rear two storey section was once the original farmhouse and in fact what appears to be the main aspect of the dwelling now, is the later extension having a more grander style. Attached to the north of the dwelling is a two storey Manx barn. - 1.3 The boundary treatment of the existing dwelling comprises a white stone wall and natural vegetation in places all to the south bounding the dwelling to the Andreas Road. The front elevation (east) is bounded by trees, the rear elevation boundary treatment comprises a white stone wall and the north east elevation has a boundary treatment of natural vegetation. - 1.4 There are a number of outbuildings within the curtilage of the application site and within the land associated with the dwelling. To the rear, northwest elevation is a driveway providing parking for more than three vehicles.
2.1 The application seeks approval of the erection of replacement dwelling and extension of residential curtilage to rear of dwelling. - 2.2 The proposed replacement dwelling is in two clear elements, the first is a single storey building, with a mono pitch roof design, which given its window proportions, finishes (dark grey powder coated aluminium external cladding to walls and standing steam roof) and overall design has a very contemporary appearance. This section of the dwelling would essential be read as the front elevation facing the Andreas Road. Attached to it is a link to the double garage which is also designed and finished as above. - 2.3 The second aspects of the dwelling is set behind the first, but being two storeys in height and having the portion and form of a two storey Manx barn. However, its window design, finishes (slate roof and a mixture of painted render and either burnt timber cladding or natural larch/cedar timber cladding) give it a more contemporary appearance also. Both buildings are linked by a glazed link. - 2.4 The existing front boundary in the main is to be retained, albeit and existing large pedestrian gateway to the southeast of the dwelling would be altered to become the new entrance to the site. The existing vehicular access to the southwest of the existing dwelling is to be blocked up. - 2.5 All existing outbuildings are proposed to be demolished.
3.1 Installation of replacement windows - 12/00205/B - APPROVED - 3.2 Erection of an agricultural building - 08/00322/B - APPROVED
4.1 The application site is within an area recognised as being an area which is not designated for development under the IOM Development Plan Order 1982. The site is not within a Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of the planning application. - 4.3 Strategic Policy 1 states: "Development should make the best use of resources by:
4.4 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." - 4.5 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:
4.6 Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
4.7 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."
5.1 Lezayre Parish Commissioners object making the following comments:
5.2 The Department of Infrastructure Highways Services (21.09.2020) make the following comments: "The proposal is satisfactory in highway terms:
An electric vehicle charging point should be provided. The proposed new access would require a crossing of the verge to connect to the public road under a separate approval for a s109(A) Highway Agreement.
The proposal raises no significant highway safety or efficiency issues and meets standards for a frontage access onto a primary route, the A9, allowing Highway Services to raise no opposition subject to conditions for access, visibility splays, the access road and hardstanding for parking to accord with drawings no's 20 1405 04 and 08. An advisory for a s109(A) Highway Agreement to apply too."
5.3 The Ecosystem Policy Officer (DEFA) initially made comments (30.08.2020) relating to the Wildlife Act for the protection of bats and birds and that such reports should be undertaken before any demolition. Following these comments the applicants provide a bat survey.
"Bats are listed on Schedule 5 of the Wildlife Act 1990. It is an offence to intentionally or recklessly kill, injure or take, or to damage or destroy, or obstruct access to, any structure or place bats use for shelter or protection, or to disturb bats while they occupy a structure or place which they use for that purpose. As a consequence of this planning application, though not a matter for consideration with this application, Prospect Villa will require demolition to enable the works to take place. The bat survey (Manx Bat Group Report dated 19th August 2020) identified a scattering of bat droppings (some recent) in the attic of the main house and judged the property to have a maternity roost.
The presence of the bat roost will not stop the demolition from taking place but measures will need to be taken to ensure that the bats are protected during and after the works and mitigation for the loss of the roost is required. As mitigation for the loss of Prospect Villa bat roost will need to take place somewhere on the planning application site, it would be appropriate in this instance to include the provision of mitigation as a condition of planning approval. Therefore to comply with all relevant legislation should this application be granted permission the Ecosystem Policy Team request the following condition:
No demolition works shall take place until a bat mitigation plan has been written by a suitably qualified ecological consultancy and this has been submitted to and approved in writing by the Planning Directorate. The development shall be undertaken in accordance with the agreed mitigation plan and the mitigation measures shall be maintained thereafter."
5.4 Manx Nation Heritage makes the following comments (12.10.2020): "I write on behalf of Manx National Heritage ('MNH'), whose statutory responsibilities pertaining to the protection of the cultural and natural heritage of the Isle of Man are defined under the terms of the Manx Museum and National Trust Act.
The removal of the four trees, identified in this planning application, should ideally carried out between the months of September to January each year to avoid the bird nesting season. Works taking place outside this time must only commence once a check for nesting birds has been undertaken. All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: intentionally or recklessly kill, injure or take any wild bird; intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built; intentionally or recklessly take or destroy the egg of any wild bird; intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.
The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins.
The presence of bats on site has been confirmed by The Manx Bat Group; bats are listed on Schedule 5 of the Wildlife Act 1990. It is an offence to intentionally or recklessly kill, injure or take or to damage or destroy or obstruct access to the structure or place that bats use for their shelter or protection or to disturb bats whilst they occupy a structure of place which they use for that purpose.
The Manx Bat Group's survey included the surrounding trees, barns and main house. Bat droppings were found in the attic of the main house which were believed to have been from brown long eared bats. The Bat survey proposed a number of actions which should be taken to protect the bat populations and mitigate against loss of roosting and breeding habitat.
Manx National Heritage do not wish to reiterate the mitigation outlined in the report but to add our support to these measures.
I hope this information is helpful, if there are any queries please do not hesitate to contact me."
5.5 Arboricultural Officer (DEFA) makes the following comments (23.10.2020): "I would like to make the following comments in relation to application 20/00651/B (Prospect Villa, Andreas Rd, Ramsey)
The site contains many trees for a small residential property, many of them in poor or fair condition. The tree report completed by Manx Roots did highlight 2 category B trees (T1 and T9). The sycamore (T1) has good form and is prominent from the Andreas Road, the elm (T9) is an over mature/ veteran tree in good condition for its age, and is likely to provide many more years of value, both these trees are worthy of retention.
The tree removal plan shows 8 category C and 6 category U trees proposed to be removed. Only 1 tree has been proposed for removal to facilitate the development (T22) this tree is in average condition and does not add much value to the landscape. The remaining trees proposed for removal have been selected to allow for light into the front and rear garden. There will be some visual impact, however the retained trees will improve in quality and appearance and potential add value to the landscape.
The proposed garage is in close proximity to the root protection area of T9 (elm), whist the Tree protection plan shows the RPA has been offset by the existing retaining wall it does not allow much room for access for the garage to be built. If T23 was removed it would allow the
footprint of the garage to be moved toward the road and give increased access for the construction and lessen the risk to the good quality over mature elm."
6.1 Under the provisions of General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2016 the erection of a replacement dwelling on a one for one basis is an accepted exception to the general presumption against development within the countryside.
6.2 The existing dwelling whilst is traditional in proportions; it has had a number of unfortunate alterations made to it, namely the front extensions, replacement of original windows and the installation of larger windows of inappropriate proportion (picture windows), which have all detracted from its original appearance, to an extent that it is considered the principle of the demolition of the dwelling is considered acceptable as it is not considered to be of architectural or historic interest. Therefore complies with HP12. - 6.3 The second Policy to consider is Housing Policy 14 which raises a number of issues that need to be taken into account. In terms of siting the new dwelling sites further back into the site, generally on the footprint of the existing outbuildings/courtyard area, rather than the footprint of the main dwellinghouse. The front elevation of the new dwelling (single storey aspect) would be sited between 13m and 22m from the roadside boundary, while the two storey aspect would be over 28m away, this is compared to the existing dwelling which is sited approximately 7.6m from the roadside boundary. - 6.4 The applicants explain that the siting of the dwelling which takes full advantage of the tracking of the sun and views. While the dwelling is not on the footprint of the existing dwelling, it is on the existing built up form of the site, namely on the footprint of existing outbuildings. The set back position also provide a better level of amenity for the occupants (i.e. noise level from road). The siting would not result in an encroachment into the countryside and the built development would be also entirely within the existing curtilage of the site, the exception being the rear boundary wall of the new dwelling runs slightly on the rear fence line of the site. In terms of the new siting, the principle does not raise any concern. - 6.5 As mentioned the application does propose to increase the residential curtilage of the site; albeit not to a great extent and results in a more natural boundary line. The area would form a small garden area to the rear of the dwelling. Visual this increase would not be apparent form any public view. - 6.6 Overall, in terms of both the siting and the extension of the curtilage, the main issue is whether by undertaking such development whether this has an adverse visual impact upon the countryside. This will be considered latter in this report. - 6.7 In relation to the size of the new dwelling the proposed dwelling is greater than the 50% referred to within the policy, by 2%. This proposal would equate to a 52% increase (proposed floor area 410sqm & existing floor area 270sqm). If the existing outbuilding where included in the calculation then the proposal would equate to a 4% increase. While HP14 excludes outbuildings floor area form being including in the calculation, it is useful to understand that in terms of built development on the site the proposal equates to a similar level to what current exists. - 6.8 Given the proposal is 2% increase of the existing a argument could be made that it is contrary to HP14. However, this is not automatic reason for refusal of the planning application as Housing Policy 14 goes onto to state that consideration may be given to larger dwellings 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. In this instance the existing dwelling has lost some of its traditional as mention previously, and
7.1 In conclusion, it is considered the resulting development would result in a well-designed and high quality development which should be supported and encouraged, especially as the visual impacts are not considered significant; argue results in having less visual impact. Therefore, for the reasons indicated within this report, it is considered the proposal would be acceptable, complying with Environment Policy 1, HP12 & HP14 of the Isle of Man Strategic Plan. It is recommended that the application be approved. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 02.11.2020
Signed : C BALMER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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