Officer Report

Application No.: 15/00794/A Applicant: Mr Keith Strachan Proposal: Approval in principle for erection of a dwelling addressing siting and means of access Site Address: Land To East Of Old School House Main Road Sulby Isle Of Man Case Officer : Mr Chris Balmer Photo Taken: 18.08.2015 Site Visit: 18.08.2015 Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT.

1.0 SITE - 1.1 The application site represents land to the east of the Sulby Old School, now a dwelling, which appears to be currently used as part of the curtilage of the Old Sulby School. The site is located to the southern side of the Main Road and east of Sulby School. - 1.2 The site is accessed via a vehicular entrance and driveway which runs between the properties of the Sulby Old School and St Stephens Church & Hall. Both properties are Registered Buildings (Nrs 170 & 171). The driveway runs to the rear of the properties where area of existing hardstanding can be found. These are currently used for parking spaces, although they appear to originally been used as the playground for the Sulby Old School. A single storey outbuilding (toilet block) and a modern detached double garage with attached lean to store can also be found. The existing entrance, driveway, areas of hardstanding, outbuilding and double garage are all within the ownership of the applicant, who also lives at the dwelling Sulby Old School. - 1.3 The application site is rectangular in shape, measuring 26.5 metres in depth with a width of 11.8 metres. The site runs parallel to the rear boundary of St Stephens Church & Hall. The site is currently made up of a section of hardstanding and also includes the modern detached double garage with lean-to outbuilding. The site is enclosed on three boundaries (north, east and south) with a Manx stone wall approximately 1.5 metres in height.

2.0 PLANNING POLICIES - 2.1 In terms of local plan policy, the application site is within an area recognised as being within an 'Area of Building for Civic, Cultural & Other Special Use - Worship' use under the Sulby Local Plan. The site is not within a Conservation Area. The Sulby Old School and St Stephens Church & Hall are both registered buildings. - 2.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:- - 2.3 Strategic Policy 1 states: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and

• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

2.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 2.5 Spatial Policy 4 states: "In the remaining villages development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities.

These villages are:

• o Bride o Glen Maye
• o Sulby o Dalby
• o Ballaugh o Ballafesson
• o Glen Mona o Colby
• o Baldrine o Ballabeg
• o Crosby o Newtown
• o Glen Vine o Strang

Area Plans will define the development boundaries of such settlements so as to maintain their existing character."

2.6 Strategic Policy 4 states: "Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead to unacceptable environmental pollution or disturbance."

2.7 General Policy 2 states: "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."

- 3.0 PLANNING HISTORY

3.1 The following previous planning applications are considered relevant in the assessment and determination of this application site: - 3.2 Approval in principle for erection of a dwelling addressing siting and means of access 15/00795/A - PENDING CONSIDERATION - 3.3 Conversion of School House to dwelling with new conservatory and double garage 00/01660/GB - APPROVED - 3.4 Approval in principle for change of use from school to private dwelling - 00/01173/GA APPROVED - 3.5 Approval in principle for the change of use from former school to residential - 96/01508/A APPROVED

4.0 PROPOSAL - 4.1 The application seeks approval for the approval in principle for erection of a dwelling addressing siting and means of access. - 4.2 The submitted plan includes an indicative plan of the siting of the dwelling. The plan indicates a "L-shaped" dwelling located centrally to either side boundary and its front elevation set back from the gable end elevation of the adjacent St Stephens Church & Hall building. Two off road parking spaces are shown partially fronting the proposed dwelling, as well as a front garden area. Access to the property would be from the existing entrance onto the Main Road which is shared with the dwelling Sulby Old School. A new boundary wall fronting the new property is also indicated to create clear curtilages between the application site and the existing property Sulby Old School.

5.0 REPRESENTATIONS - 5.1 Lezayre Parish Commissioners have recommended an approval (received on 11.08.2015). - 5.2 Highway Services do not oppose (received on 24.12.15) but make the following comments: "Visibility splays of 2.4 x 54 metres in both directions over land within the ownership of the applicant must be achieved. Nothing must be erected or planted which may exceed 1.05 metres within the splays." - 5.3 The owners/occupants of 9 Kella Close, Sulby - written on behalf of the Rector and Warden of St. Stephen's Church have objected to the application (received on 13.08.2015 & 13th January 2016). The objections can be summarised as; visibility splays to entrance would not be suitable for new residential development; land use has lapsed; question whether the existing and proposed amount of buildings meet the density criteria for building development in this rural location; proposal would impact negatively on the integrity of both Registered buildings; proximity of buildings would be too close to the existing buildings and represent too intense overdevelopment of the site; any new property would interfere with the drainage of the Church/Hall; more properties on the site would involve greater vehicular frequency and will exacerbate the sight lines problems of the proposed development and further complicate the roadside parking; and the "old school house" and the church are Registered Buildings and includes there curtilages such as the very distinctive stone post with ashlar tops, and should they be altered as proposed, this would detract from the architectural appearance of the group of buildings.

6.0 ASSESSMENT - 6.1 The following Material Planning Issues should be considered:

• 1. Principle of Residential Development;
• 2. Potential impact upon the visual amenities of the adjacent Registered Buildings;

1. Potential impact upon the Character and appearance of the street scene; and

• 3. Highway Issues/Parking provision; Principle of Residential Development

6.2 As indicated within the 'Planning Policy' section of this report, the site is designated for 'Area of Building for Civic, Cultural & Other Special Use - Worship' use. Looking at the historical maps, it is appears that approximately two thirds of the site has never been used in connection with St Stephens Church & Hall and was in fact used in connection with Sulby Old School. Historical maps show a building/structure with a width of approximately 9 metres and a depth 4.5 metres being located on the application site. The more modern double garage is now sited on a similar position to this original outbuilding associated with the school. - 6.3 Also visiting the site there is a clear boundary wall which appears to have been in place for some considerable time, potentially constructed when the Sulby Old School was originally constructed or afterwards. It should be noted the St Stephens Church & Hall was built before, utilising the same curtilage it has today. There are also no access points from St Stephens Church & Hall to the application site. - 6.4 Due to this it is considered an argument could be made that perhaps the land use designation on the Sulby Local Plan isn't entirely correct, and arguably the adjoining residential land used which includes the Sulby Old School should have also incorporated two thirds of the application or in its entirety. - 6.5 Consideration is also given that currently the entirely of the application site is within and used in connection with the residential property Sulby Old School. As indicate the site currently accommodates a modern detached garage and a lean-to outbuilding to the eastern gable elevation of the garage. Both these structures are partially apparent when travelling along the Main Road when approaching the site from the east (from Sulby Bridge direction). Neither structure add to the visual appearance of the area, nor upon the adjacent Register Building St Stephens Church & Hall, in fact it could be considered they detract from the character and quality of the Register Building. - 6.6 The proposal does have the potential to remove these inappropriate buildings from the site, and potentially replace with a more appropriate building in the form of a new dwelling, this aspect will be discussed further in this report. It should be noted however, that whilst a better design could potential y be achieved, it is likely the amount of building development would increase on the site. - 6.7 In terms of the principle of developing this site for a single dwelling, it is considered for the reasons given; the proposal would be acceptable at this stage. However, this is not an automatic reason to allow the development. Further material planning matters as indicated previously need to be considered to determine if the principle of a single dwelling on the site is appropriate. POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE ADJACENT REGISTERED BUILDINGS - 6.8 As the application is only in principle and the plans are indicative, it is not possible to make a full assessment at this stage. Such detailed assessment would need to be made at any future Reserved Matters application stage. The applicants have indicated that they propose the new dwelling would be in keeping with the adjacent properties. - 6.9 It has been indicated by the objector that the Registered Building curtilage includes the land around both 'Old School House' and 'St Stephens Church & Hall'. When The Department gave "Notice of Proposal to Registered a Building" in 1998, it included the description of "St Stephens Church and former School House, together with its curtilage, and shown outlined in red on the attached plan". However the attached plan and the subsequent Registered Building approval (24th April 1998) did not include the curtilage of the site, only the buildings. Accordingly, the Registered Building documents only include the buildings themselves and do not include the land around or any parts of the application sites. Accordingly, whilst a Registered Building Consent is therefore not required now, or potentially in the future for the proposed developments, it is still important to considered the potential impact upon the Registered Buildings and the character and quality of the setting around them as indicated within paragraphs 6.8 to 6.10 of this report.

6.10 It is key that any dwelling should be in keeping with the character, appearance and finish of the St Stephens Church & Hall which is a registered building. There are perhaps a number of ways to achieve this, for example perhaps in terms of proportion, design, finish and form it could match the adjacent building and from public views make it appears as an 'extension' to St Stephens Church & Hall rather than a total separate dwelling. This is one option, but other options would also be available to the applicants, but the Reserved Matters application would need to demonstrate which ever design of property is proposed, it does not adverse effect the character and quality of the adjacent Registered Buildings. Should it be felt the design is unacceptable and detrimental to the Registered Buildings then the Department would still be in a position to refuse the proposal. - 6.11 Overall, it is considered a dwelling on this site could be designed to take account of the existing registered buildings in the immediate locality; without adversely affecting the character and appearance of these existing buildings. POTENTIAL IMPACT UPON THE CHARACTER AND APPEARANCE OF THE STREET SCENE - 6.12 Within out full details drawings this assessment cannot be made at this stage. However, for the reason given previously it is considered a dwelling could be erected on the site which would be of benefit to the character and appearance of the street scene. - 6.13 The proposal would require two of the five trees fronting the site to be removed to create a visibility splay in a westerly directions. The five trees along the road side frontage have a tree felling license and could be removed now. However, it is considered in terms of the appearance of the Registered Building, it is considered the removal of these five trees would be beneficial, given the trees screen The Old School Houses currently and there removal would open up the are fronting the building and result in the building be more apparent. The area surrounding the site is character by much larger mature trees and the losses of these trees are not considered to have a detrimental impact to the visual amenities of the street scene. HIGHWAY ISSUES/PARKING PROVISION - 6.14 In terms of parking provision the new dwelling and the existing dwelling ' Sulby Old School' both require two off road parking spaces associated with each property. This can easily be achieved on the site, with both having adequate turning provision to enable any vehicle to exit onto Main Road in a forwards gear. Accordingly, the proposal from this respect causes no concern. - 6.15 Regarding visibility splays from the shared access, the applicants has provided two drawings, one showing visibility splays of 2m x 54m in both directions and a second drawing showing 2.4m x 54m in both directions. They have also indicated that the existing trees (total of five - Cherry, Elm & Rowan) fronting the existing dwelling (Sulby Old School) have been granted a tree felling licence last year. The plans indicates that visibility in an easterly direction can be achieved, albeit does go over land outside the applicants control, being the roadside frontage of St Stephens Church Hall. This can normally cause concern as a condition attached requiring 'X' visibility needs to be achieved and retained. If the applicants do not control the land, there is the risk that the owner could plant landscaping etc which blocks visibility. In this case, it is reasonably to consider there is comfort that this is unlikely to occur, given the area in question (essentially the roadside frontage) is made up of a wall no higher than 1.05m and perhaps key, the area in question provides visibility for the users of St Stephens Church Hall as well. If they were to plant or allow landscaping to grow above 1.05 metres in height, they would likely screen their own visibility as well. Added to this is the fact with the roadside trees/landscaping fronting the Sulby Old School are being removed, this will improve visibility for the users of St Stephens Church Hall in a westerly direction, beneficial to all. - 6.16 Alterations will also need to be made to the pillars (separate pedestrian and vehicular accesses) fronting the original Old School House, by lowering them to ensure visibility is achieved as shown. It is considered these would in fact be more in keeping, given the height of all the remaining pillars along the Sulby Old School and the Church are lower than these. Furthermore, it is considered the design and character of the pillars could be retained whilst still providing visibility, although this detail would be required to be provided at any future Reserved Matters application. The hedgerow which runs along the frontage of the original Old School House would also need to

• be removed. However, this does not need permission to be removed, but it was noted visiting the site, that the bushes are rather overgrown and do not significantly contribute to the character of the area.
• 6.17 Overall, it is considered the access arrangement would be acceptable and therefore considered to comply with General Policy 2 of the Isle of Man Strategic Plan.

7.0 RECOMMENDATION - 7.1 For these reasons the proposal is considered to comply with the relevant polices of the Strategic Plan and the Sulby Local Plan and therefore recommended for an approval.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Services of the Department of Infrastructure; and
• (e) The local authority in whose district the land the subject of the application is situated. With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order".

8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

The owners/occupants of 9 Kella Close, Sulby - written on behalf of the Rector and Warden of St. Stephen's Church Recommendation Recommended Decision: Permitted Date of Recommendation: 08.02.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

- C 2.

Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.

Reason: To avoid the accumulation of unimplemented planning approvals.

• C 3. Approval of the details of design, siting, external appearance of the buildings, internal layout, parking layout, and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

• C 4. Any reserved matters planning application must include provision for the parking of a minimum of 2 cars within the curtilage of the application site. Reason: in the interest of highway safety
• C 5. Prior to any work commencing on site the visibility splays as shown on drawing 202 are required to be provided and thereafter kept permanently clear of any obstruction exceeding 1.05m in height, within the applicants ownership, above adjoining carriageway level. Should any roadside pillar/wall within the applicant control required to be altered this should be submitted as part of the Reserved Matters application. Reason: In the interests of highway safety.

This approval relates to drawings reference numbers 02 REV A, 11 REV A, 21 REV A and 202 received on 13th July 2015, 17th December 2015 and 12th February 2016

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 : APPROVED Committee Meeting Date:…15.02.2016

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

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