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Application No.: 10/01727/B Applicant: Richmond Square Estates Limited Proposal: Erection of a replacement dwelling with additional vehicular access Site Address: - Thie-Ny-Ree - Ballacharry Road - St Marks - Ballasalla - Isle Of Man - IM9 3AU ### Considerations Case Officer: Miss S E Corlett Photo Taken: 02.02.2011 Site Visit: 02.02.2011 Expected Decision Level: Planning Committee ### Written Representations - 33 Ballaquark Douglas Isle Of Man IM2 2EY | Interest expressed ### Consultations Consultee: Highways Division Notes: Do not oppose has no adverse traffic management, parking or road safety implications. Consultee: Malew Parish Commissioners Notes:** Object
This application is referred to the Planning Committee as the application is recommended for approval and the Local Authority has objected to the proposal and because the proposed floorspace is in excess of 50% of the existing dwelling.
The site is the residential curtilage of an existing dwelling, Thie Ny Ree which is located on the western side of the Ballacharry Road (B29) which leads south from The Gate to the Phildraw Road (A34). The property currently on the site is a timber-clad steeply pitched roofed dwelling with a ground floor level of accommodation and accommodation within the roofspace. To the rear of the existing dwelling is a flat roofed outbuilding. The dwelling sits approximately 6m from the road and there is a line of conifers between the dwelling and the road. There is an existing access to the south of the dwelling leading into the site.
The garden to the south of the dwelling was once formally laid out but has not been maintained in more recent years. There are two ponds in the garden and a small bridge.
The dwelling is visible from certain places to the south and south west of the site but is not particularly prominent in the overall landscape.
The site has an area of just under 1 acre ( 0.39 hectares) with a frontage to the Ballacharry Road of approximately 150 m .
The site lies within an area designated as "white land" on the Town and Country Planning (Development Plan) Order 1982 and on the draft Southern Area Plan which was published on 23rd October, 2009 and a later modified draft published in January 2011, as open space, that is, not designated for development. On the latter plan the site also lies within an area of Incised Slopes where the following advice is available: "Incised Slopes - Ballamodha - Landscape Character Area 2 - Ballamodha, Earystane, and St Mark's: This is a fairly resilient landscape which has accommodated incursions of modern built development without severe detriment. However, some of the larger-scale residential developments lack either the topographical setting or the groups of trees which might have mitigated their visual impact."
The draft Planning Policy Statement 2/09 - The Role of Landscape Character in Development states:
The overall strategy for the protection and enhancement of the Incised Slopes Landscape Character Type is to conserve and enhance: the remote and rural character; the relatively sparse settlement pattern of traditional hamlets and scattered farm buildings; the network of sunken and enclosed rural roads; and the substantial hedgerows and sod banks dividing irregularly-shaped pastoral fields. Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:-
Proposed here is the demolition of the existing buildings on the site and the erection of a new dwelling. The existing dwelling has a footprint of around 87 sq m and a floor area of approximately 150 sq m . The outbuilding provides a further 25 sq m .
The proposed dwelling takes the form of two stone barns whose ridge runs parallel to the road compared with the approved scheme which has the main ridge of the dwelling at right angles to the
road. The floor area of the proposed dwelling is 720 sq. m including a garage with open (usable) space above. The building will be 9.5 m to the highest point of the tallest ridge - compared with 9.9 m which was the height of the main ridge of the dwelling permitted under PA 08/0747.
The building closest to the road will be finished in stone with some exposed timberwork on the walls of the taller building. The buildings will be linked to each other by way of predominantly glazed, flat roofed elements. The dwelling has been designed to reflect the linear nature of the site and the architect has attempted to recreate a courtyard of barn-type buildings. The architect accepts that the inclusion of oak panelling is not intrinsically Manx but complements the stonework of the buildings and the otherwise vernacular design. Windows in the buildings are to be metal framed and coloured grey with Peel brick surrounds and cills, the rooflights a Conservation style and all pitched roofing being finished in slate. All rainwater goods are to be black cast iron. As with the previous application, another access is to be added, creating an in and out form of access.
Planning permission was sought for the demolition of the existing dwelling and its replacement with a new dwelling under PA 07/1473. This application was refused for reasons relating to the size and form of the new buildings, particularly the garage building with accommodation above and the increased height of the new building. The Committee added a note which explained that whilst the Strategic Plan made provision for increases in floor area of up to , in this case, they would be prepared to accept a greater increase in size if the new dwelling were traditionally proportioned and a visual improvement on the existing, on the basis that there would be public benefit from this and that the dwelling sits in a sizeable curtilage. Specifically, the note stated that "...this refusal is without prejudice to a further application for a redevelopment which results in a dwelling which is closer in height to that of the existing dwelling and a shorter elevation as viewed from the Ballacharry Road".
The development proposed in PA 08/0747 was to have around 700 sq m of floorspace including the garage and space above the garage and taking accommodation contained within the roof as measured from a head height of 1.5 m or above - ie usable space. Whilst this is a significant increase, this proposal was considered to follow the recommendation of the Committee in the case of the previous application. What was also be borne in mind was that that the roofspace was to be used, contributing 91 sq. m to the total; in addition, the garage is larger than the existing, representing 72 sq. m of the total.
That application was permitted and is still capable of being implemented.
The relevant Strategic Plan policy is Housing Policy 14 which states: 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 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 generally, 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 which involves the replacement of an existing dwelling of poor form with one or more traditional character, or where, by its design and or siting, there would be less visual impact."
Malew Parish Commissioners object to the application on the basis that it is contrary to the provisions of HP 14 and they consider the design to be unsympathetic in terms of its design and appearance, to its rural setting.
A resident of Douglas considers that the proposal is neither traditional nor innovative, it is simply "large".
The Highway Authority indicates that they do not oppose the application.
The existing building is not considered to be of positive form and as such its demolition and replacement is considered acceptable in principle - indeed planning permission has already been granted in detail for this. This approval, PA 08/0747 is a material consideration in this respect and also in respect of the size of the replacement dwelling which was permitted, which was considerably more than the provided for in HP14. This was on the basis that the existing dwelling was of poor form and the replacement dwelling was a traditional design and thus an improvement, in accordance with the policy. The amount by which the floor area of the existing dwelling was increased in that and in the case of this current application, is somewhere in the region of including the existing and proposed garaging. In assessing the appropriateness of this amount of increase, the Planning Committee was also previously aware of the size of the site.
The size of the proposed dwelling is comparable with that which already has planning approval. The design, however is quite different and rather than designing a vernacular dwelling, the architect has gone down the lines of creating a more barn-like development, examples of which are found throughout the countryside and in fact within the collection of buildings known as The Gate, some 300 m to the north east there is a converted barn sitting alongside the road in a similar fashion. In terms of the policy, the design of the proposed dwelling is neither in accordance with 3 / 91 nor is it innovative in terms of creating a new or unique style of building. Whilst its linear nature reflects the shape and orientation of the site, the longest length of the buildings are presented to the Ballacharry Road, thus perhaps emphasising its length and presenting buildings of greater mass than what has approval or what exists on site although it should be borne in mind that the eaves level of the roadside "barn" is lower than the overall height of the side elevation of the approved scheme and the proposed roof will be sloping away from the viewer.
Whilst it is true that there are stone barns found in the Manx countryside - some close to the site at Ballacharry and Ballakilley to the south and in some cases these buildings have been very successfully converted to other uses including living accommodation, such as that just to the north east at Brockfield, there are no such barns on this site and the structures proposed would be a totally new development rather than a converted building. The development is, however well designed and finished to a high standard and there is no criticism of the design per se, only its appropriateness for this site and in accordance with HP14. The Landscape Character Assessment recommends "The use of local vernacular building styles and materials should be encouraged" without specifying that new development should be focused on vernacular residential design.
The policy clearly tries to upgrade the standard of development in the countryside and to encourage and permit the replacement of existing poor or inappropriate fabric with either more traditional architecture, as advocated in Planning Circular 3/91 which describes the vernacular residential dwelling design, or a development which will have less of an impact. The impact of the proposal will be appreciated from a number of viewpoints: from the road it could be argued that the mass is slightly more, although the use of stone and simple massing could be described as more sympathetic and less intrusive than the approved scheme. From further afield, the use of stone and dark cladding will generally reduce the impact of the building from what has approval.
As such, whilst the proposal does not accord with the provisions of Housing Policy 14 it is concluded that the proposed dwelling is well designed and demonstrates a thoughtful and sensitive approach to
the re-development of the site which from some perspectives will represent a less intrusive impact on the countryside and as such is recommended for approval.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
The resident of Douglas is not directly affected by the proposal and as such should not be afforded party status in this instance. Recommendation Recommended Decision: Permitted Date of Recommendation: 02.02.2011 Conditions and Notes for Approval / Reasons and Notes for Refusal
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the replacement of the existing dwelling as shown and described in drawings reference 1002 P101, 1002 P301, 1002 P302 and 1002 X001 received on 23rd November, 2010 and 1002 P001A received on 9th December, 2010.
All existing buildings on site must be removed prior to the occupation of the new dwelling.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : ............................ Authority Meeting Date : ................................ Signed : ............................... 2 February 2011
10/01727/B
Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
Application No.: 10/01727/B Applicant: Richmond Square Estates Limited Proposal: Erection of a replacement dwelling with additional vehicular access Site Address: Thie-Ny-Ree Ballacharry Road St Marks Ballasalla Isle Of Man IM9 3AU
Considerations Case Officer: Miss S E Corlett Photo Taken: 02.02.2011 Site Visit: 02.02.2011 Expected Decision Level: Planning Committee
Written Representations
33 Ballaquark Douglas Isle Of Man IM2 2EY Interest expressed
Consultations
Consultee: Highways Division Notes: do not oppose has no adverse traffic management, parking or road safety implications.
Consultee: Malew Parish Commissioners Notes: object
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPLICATION IS RECOMMENDED FOR APPROVAL AND THE LOCAL AUTHORITY HAS OBJECTED TO THE PROPOSAL AND BEZANSO THE PROPOSED PLANTS/AGE IS IN EXCEED OF 50% OF THE THE SITE EXISTING DWELLING
The site is the residential curtilage of an existing dwelling, Thie ny Ree which is located on the western side of the Ballacharry Road (B29) which leads south from The Gate to the Phildraw Road (A34). The property currently on the site is a timber-clad steeply pitched roofed dwelling with a ground floor level of accommodation and accommodation within the roofspace. To the rear of the existing dwelling is a flat roofed outbuilding. The dwelling sits approximately 6m from the road and there is a line of conifers between the dwelling and the road. There is an existing access to the south of the dwelling leading into the site.
The garden to the south of the dwelling was once formally laid out but has not been maintained in more recent years. There are two ponds in the garden and a small bridge.
2 February 2011 10/01727/B Page 1 of 6
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