Planning Officer Report

Case Officer: Mr Ian Brooks Photo Taken: Site Visit: Expected Decision Level: Planning Committee

Officer's Report

This application is recommended for consideration by the Planning Committee rather than under delegated powers as the proposal is contrary to the adopted development plans.

Site

1. The application site comprises a parcel of land located on the eastern side of Little Mill Road in Onchan. The site, which is bounded by trees on three sides and the road on the remaining side, contains an old building that is mostly finished in dark corrugated sheeting with timber doors to the front.

Proposed Development

1. The application is seeking planning permission for the erection of a dwelling on the site. The dwelling will be finished in smooth render. The roof will have natural slate. The dwelling will be 12.6m in width and 9.1m in depth. The height of the dwelling will be 8.8m to the ridge.

Planning Status And Relevant Policies

1. Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 3, Environment Policy 7

1. Within the Onchan Local Plan, the following policy is considered relevant: O/RES/P/22

1. O/RES/P/22 states that "Outside those areas designated for residential development new dwelling will generally not be permitted with the Local Plan area. This applies particularly to the rural part of the district where the countryside is already protected by Planning Circular 1/88 the provisions of which will continue to be applied. In addition it should be noted that the countryside in its entirety within the district is designated by the Local Plan as of High Landscape Value and Scenic Significance in accordance with the provisions of the Island Strategic Plan Eastern Sector (Planning Circular 9/91)."

1. It should be noted that the provisions of Planning Circular 1/88 have effectively been encompassed within the planning policies contained within the Isle of Man Strategic Plan 2007 and the Island Strategic Plan Eastern Sector (Planning Circular 9/91) was never formally adopted by Tynwald and is now time expired.

Planning History

1. There have been previous planning applications on the site; however, two of them are material to the determination of this application. These are:

Application No.:	11/01244/B
Applicant:	Mr & Mrs Kieran McCanney
Proposal:	Erection of a dwelling to replace existing garage
Site Address:	Little Mill Garage
	Little Mill Road
	Onchan
	Isle Of Man
	IM4 5BD

10/00746/B – Erection of a dwelling – granted on 27th July 2010.

08/01623/B – Erection of a dwelling – refused at appeal on 21st April 2010

Representations

1. Highways Division of the Department of Infrastructure do not oppose the application.

1. Onchan District Commissioners recommend that the application be refused for the following reasons: "The proposals would harm the rural qualities of the area with particular regard to the height and orientation of the dwelling. Members are minded to suggest a reduction in roof pitch would produce a more balanced elevation and be more appropriate for the site."

1. Isle of Man Water and Sewerage Authority have no objection to the application.

1. The occupiers of Ballig Farm, who adjoin the property and have their main entrance adjacent to the proposed development, have objected to the application on the following grounds: 1) Part of the application site is in their ownership, 2) Planning Permission exists for a smaller dwelling, this new plan show a more substantial property. The style of the property is more in keeping with the Manx countryside. 3) Limited parking is being provided. 4) Due to the limited parking, visitor will block their drive. 5) If the culvert is blocked, the site is at risk of flooding.

1. The occupier of Glen Rosa, Little Mill Road has objected to the application on highway safety grounds.

1. The occupier of 33 Ballaquark has objected to the application on the following grounds: 1) the proposal does not comply with Environment Policy 1 of the Isle of Man Strategic Plan. 2) the design is a poor pastiche from the design guide (planning circular 3/91 for new houses in the countryside.

1. Standard comments have been received from the Manx Electricity Authority.

1. Environmental Protection Unit of the Department of Environment, Food and Agriculture have advised that the biodisc is acceptable and appropriate for the volume proposed to be discharged.

Assessment

1. The main consideration in assessing this application are 1) whether the development is acceptable in land use terms and 2) the impact of the development on the landscape. The following paragraphs deal with this issue, followed by consideration of other matters of detail.

Land Use

1. The application site is located within a wider area of land that is designated as open space in the Onchan Local Plan 2000; however, it should be noted that an extant planning permission exists for the redevelopment of the site with a dwelling. Therefore, the principle of developing the site for residential purposes has already been established. The principle was tested against General Policy 3 (c) which refers to "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." This current application has also been assessed against this policy in the following paragraphs below.

Impact On The Landscape

1. The footprint of the proposed dwelling is slightly larger than that of the existing building contained within the application site and significant larger than the dwelling approved by the previous application 10/00746/B. The existing building has an approximate footprint of 109 square metres, the previously approved dwelling had an approximate footprint of 79 square metres. The footprint of the proposed dwelling is 117.56 square metres. The application should not be assessed solely on

footprint, as the difference in footprint has been gained by altering the depth of the dwelling. The approved dwelling has a depth of 5.5m with a further 3.6m rear projecting outrigger set back from side of the dwelling. The proposal has squared off the dwelling to create an overall depth of 9.1m. The proposed dwelling is setback from the highway than the existing building. The approved dwelling had a frontage width of 11m. The proposed scheme has a frontage width of 12.6m. This is an increase of 1.6m on the approved scheme. The height of the approved dwelling is 7.6m to the ridge. The proposed height of the dwelling is 8.8m to the ridge. This is an increase of 1.2m on the approved scheme. The existing building is approximately 6m in height. The proportion and design of the dwelling is traditional and appropriate for the countryside. Whilst the proposed dwelling is taller than the existing building and the footprint is slightly larger than the existing building, the overall appearance from the front is not substantially different to the approved dwelling under 10/00746/B. It is considered that the redevelopment would reduce the impact on the current situation on the landscape or the wider environment. Furthermore, the existing appearance of the application site and the building contained within it is unsightly and detrimental to the area. The proposed development represents an appropriate means of improving the visual appearance of the application site and therefore it is concluded that it would result in improvements to the landscape or wider environment. As such, the development proposed by the application accords with the provisions of criterion (c) of General Policy 3 of hte Isle of Man Strategic Plan 2007 and constitutes an exception to the general presumption against development outside those areas which are zoned for development on the appropriate Area Plan.

Other Matters

1. In other respects the application includes details of drainage, which the Water and Sewerage Authority considers to be acceptable. Also the dwelling is located to a watercourse, which again the Water and Sewerage Authority have no objection to the siting of the dwelling.

1. Comments regarding landownership is not a not a material planning consideration and therefore no weight is attached to this issue.

Recommendation

1. It is recommended that planning permission be granted subject to conditions in the attached schedule.

Party Status

1. The local authority [Onchan District Commissioners] are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.

1. The Highways Division of the Department of Transport is now part of the Department of Infrastructure of which the planning authority is part of. As such, the Highways Division cannot be afforded party status in this instance.

1. The Isle of Man Water and Sewerage Authority were granted party status on the previous application and therefore should be granted party status for continuity purposes.

1. The occupiers of Glen Rosa are a significant distance away from the application site to not have sufficient interest in the site, and as such should not be afforded party status.

1. The occupiers of Ballig Farm are adjoining landowners and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the erection of a dwelling as shown in drawing numbers 01, 02 and 03 date stamped 8th September 2011, 02 Rev A date stamped 12th October 2011, Flood Risk Assessment prepared by MacOwan Collett date stamped 8th September 2011, Klargester Biodisc details date stamped 8th September 2011.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : Granted Committed Meeting Date : 1/12/11

Signed : [Handwritten signature] Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☑ YES / ☐ NO