Officer Report January 2012

Officer's Report

Application No.:	11/01742/B
Applicant:	Cheeseden Investments Ltd
Proposal:	Demolition of existing building and construction of new detached dwelling with detached garage
Site Address:	Shenvalley Farm Balnahowe
Port Erin
Isle Of Man
IM9 6JF
Case Officer:	Miss S E Corlett
Photo Taken:
Site Visit:
Expected Decision Level:	Planning Committee

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL DOES NOT COMPLY WITH ANY STRATEGIC PLAN POLICY AND THERE IS AN OBJECTION FROM THE LOCAL AUTHORITY AND THE APPLICATION IS RECOMMENDED FOR APPROVAL

The Site

1. The site is a parcel of land which sits to the east of the Balnahowe Road and is accessed via an existing lane. The site is approximately 1.2 acres in size (0.49 ha) and this is part of a much larger farmholding which has Ballaman - a large house in its own grounds with outbuildings and a helicopter landing pad which all lie to the west of the Balnahowe Road. A large agricultural building has recently been permitted here.

1. The application site accommodates two buildings - a more modern portal framed agricultural shed which has a footprint of 18m by 9m and this lies to the south of Shenvalley Farm, a group of existing buildings including a dwelling, to the north of the application site and this is also part of the land owned in association with this application.

1. The other building on the site, which is the subject of the proposed works, is a building which has some semblance of a residential cottage but which has had a number of significant changes to its original appearance. The building has a principal frontage of 9m and a depth of 5.5m which are similar to those advocated for a traditional cottage in Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside. The building has relatively substantial chimney stacks on each gable and a lean-to roof at the rear which adds a further depth of 3m across the full width of the rear elevation. There is also a single storey store attached to the northern gable.

1. The frontage of the building which is to be replaced has no front door nor the three first floor window arrangement usually found in a traditional cottage. The floor area of the cottage, including both floors in the main body of the cottage, and the single storey annexes, is 150 square metres, measured externally.

1. The last authorised use of the building was as an agricultural store. A public footpath runs immediately alongside the site to the east. A building is shown in this position on the 1860s County Series map: the footprint shows a rectangular building with smaller annex to the north, very similar to the existing building.

The Proposal

1. Proposed here is the demolition of the existing building and its replacement with a new dwelling. The new house will have a frontage of 11.7m and a depth of 6.5m. The dwelling will have a small single storey side annex and a two storey rear annex with an overall floor area of 235 sq m - an overall increase of 57% over all of the existing floor area. The proposed dwelling is stone clad and the applicant states that without the stone cladding the increase in floor area would be 42%. The new dwelling would be 8.3m high to the ridge, compared with 5.5m which is the height of the existing building to be replaced. The roof of the new dwelling is pitched at 40 degrees which is in accordance with the provisions of Planning Circular 3/91 which recommends a traditional pitch of 40 or 45 degrees.

1. The new dwelling has been designed to be traditional in appearance and detailing. Also proposed is a detached garage which will have a floor area of 8.1m by 7.4m again, stone clad and with a roof pitched at 40 degrees to match the house and with two garage doors. The garage will be 6m in height and will have storage space in the roofspace, amounting to around 32 square metres of space accessed via an internal staircase. The garage will be sited on the footprint of the existing cottage and the dwelling some 6m to the north.

1. The proposed residential curtilage will be approximately 50m by 45m and not extending as far as the portal framed agricultural building.

Planning Status And Policy

1. The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as High Landscape Value and Scenic Significance and also within an area of ecological interest.

1. As such, there is a presumption against development as set out in Environment Policies 1 and 2:

Environment Policy 1: "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."

Environment Policy 2: "The present system of landscape classification of Areas of High Landscape of 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 difference 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."

1. General Policy 3 sets out the exceptions to the presumption against development in the countryside:

"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, historical, or social value and interest (Housing Policy 11)

c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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."

It should be noted that the definition of "previously developed land" within the Strategic Plan excludes land and buildings previously used for agricultural purposes and as such this part of the policy cannot be applied to this site.

1. There are policies within the Strategic Plan which deal with the re-use and conversion of existing buildings for residential use and for the redevelopment of residential properties within the countryside (Environment Policy 18 and Housing Policies 11, 13 and 14). However, as the proposal does not involve the retention of a building of interest or the replacement of an existing building which currently has habitable status, none of these policies are applicable in this case.
2. If the existing building were still a dwelling and had not been converted to a storage building, the provisions of HP 14 would be applicable:

"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 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 of more traditional character, or where, by its design and or siting, there would be less visual impact."

1. If the proposal involved the conversion of the existing building to a dwelling, Housing Policy 11 would be applicable which states:

"Conversion of existing rural buildings into dwellings may be permitted but only where,

a) redundancy for the original use can be established; b) the building is substantially intact and structurally capable of renovation; c) the building is of architectural, historic or social interest; d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building; e) residential use would not be incompatible with adjoining established uses or, where appropriate land use zonings on the area plans; and f) the building is or can be provided with satisfactory services without unreasonable public expenditure.

Such conversion must: a) where practicable and desirable, re-establish the original appearance of the building; and b) use the same materials as those in the existing building.

Permission will not be given for the rebuilding of ruins or the erection of replacement building of similar, or even identical form.

Further extension of converted buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character."

Planning History

1. Planning permission was sought for the creation of a farm access track under PA 97/1374 and was refused and subsequently, PA 98/0143 was submitted for a similar scheme and was permitted.

1. Permission was then sought for the renovation and conversion of the application building, described as a farm building, to a dwelling under PA 04/0394. This was permitted and a further application for a similar scheme with two storey extension was submitted and approved - PA 05/1091. Work has commenced on site but not completely in accordance with the plans.

Representations

1. Highways and Traffic Division indicate that they do not object to the application: they state that the vehicle speeds at this location are generally within the 20 mph band and the visibility splays available: due to the narrowness of the road the splays may be measured into the centre of the highway rather than the nearside edge.

1. The Manx Electricity Authority requests consultation regarding existing and proposed electricity supplies to the property. There would not appear to be any overhead electricity lines near the building and as such this is not a material planning consideration.

1. Rushen Parish Commissioners express concern over the size of the garage and dwelling which they consider both to be too large and would be visible from the surrounding and lower ground. They are, however pleased that the design is traditional and that stone is to be used.

1. The owner of Car ny Touree which overlooks the site, from the south, objects to the application on the basis that the site is not zoned for development and the proposal does not comply with the Strategic Plan policies as the property is not a dwelling and has not been for some 40 years. In addition, the combined floor area of both proposed buildings exceeds the 50% provided for in the policy and is too large a development for the site.

Assessment

1. The building is not presently a dwelling and as such the provisions of HP14 cannot be directly applied to the proposal. The provisions within the Strategic Plan which apply to the creation of dwellings from existing agricultural buildings require in all cases that the dwelling is created through the conversion of the existing building not its replacement. As such, HP 11 is not applicable in this case.

1. The existing building is of poor form and appears as a once traditional cottage which has been altered over time but not positively or in such a way that has enhanced the appearance of the building which is alongside a public footpath. The new building is much improved in appearance and only slightly over the 50% which would normally be acceptable in the case of replacement dwellings. It is to be relocated further from the footpath and oriented such that solar panels could be attached to the roof if required.

1. Whilst the appearance of the building would be a considerable improvement to what exists, there would be a significant change in the character of the site - arguably an improvement but a change nonetheless from agricultural, open and largely unmanaged open space to domestic curtilage and