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Application No.: 16/00574/A Applicant: Mr David Hathersich-Jones Proposal: Approval in principle for the erection of a replacement dwelling Site Address: Claddagh Mill House Sulby Bridge Sulby Isle Of Man IM7 2EZ Case Officer : Mr Chris Balmer Photo Taken: 23.06.2016 Site Visit: 23.06.2016 Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site comprises the curtilage of Claddagh Mill House, Sulby Bridge, Sulby. Within the site there comprises what would have originally been a two storey traditional Manx farmhouse property. However, a number of extensions and alterations have been undertaken, including the installation of a flat roofed dormer to the front elevation and the erection of a three storey gable end protecting extension to the front elevation. - 1.2 To the northeast of the dwelling are two detached traditional barns - 1.3 The application site is accessed via an existing access road which adjoins the Lezayre Road. The junction is just south of the Sulby Bridge. This access road runs in a easterly direction where the existing entrance to the site can be found. The access road continues in a northern direction and serves a sewage works.
2.0 THE PROPOSAL - 2.1 The application seeks approval for approval in principle for the erection of a replacement dwelling. No details are submitted in terms of the replacement dwelling, although the site plan shows an indicative siting of the new dwelling to the north of the existing.
3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a previous planning application which is considered relevant in the determination of this application: - 3.2 Approval in principle for the demolition of existing house and construction of new dwelling, together with construction of a second dwelling incorporating old mill buildings - 04/02230/A REFUSED at Appeal for the following reason:
"R 1. By reason of the extent and understood nature of the structural integrity of the outbuildings it is considered that their renovation into a dwelling would require considerable demolition and rebuilding. Such level of demolition and rebuilding is contrary to the provisions of Planning Circular 3/89 - Renovation of Buildings in the Countryside, and is considered to be unacceptable."
4.0 PLANNING POLICY - 4.1 In terms of land use designation the application site is not designated for any site specific purpose under the 1982 Development Plan Order, with the entire site being within a wider area of land that classified as being of high landscape value and scenic significance.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of the planning application - 4.3 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:
4.4 Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
4.5 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."
5.0 REPRESENTATIONS - 5.1 The Lezayre Parish Commissioners have no objection to the application (received on 14.06.2016). - 5.2 DEFA - Forestry Directorate comment (received on 15.06.2016) that the 2015 aerial photograph shows that this site contains a number of large trees. If this application is approved I
would suggest that a reserved matters application will need to contain, as a minimum requirement, the following items:
5.3 DEFA - Senior Biodiversity Officer recommends (received on 21.06.2016) that a bat survey should be included of the whole area of the potential development as the current proposal likely affects building and probably trees on the site and Sulby Village is known to have a number of bat species and roosts; site adjacent to these long standing trees, building and river all provide an excellent habitat and corridors for bats.
6.0 ASSESSMENT - 6.1 The planning application seeks approval in principle for the erection of a replacement dwelling, all matters are reserved. In terms of that principle it can be seen that the replacement of existing rural dwellings is a listed exception under General Policy 3 of the Isle of Man Strategic Plan 2007 to the presumption against development outside of areas zoned for development. This exception is further supported by the provisions of Housing Policy 4 and Housing Policy 12 of the Isle of Man Strategic Plan 2016. As such, the principle of a replacement dwelling accords with planning policy and is acceptable. The detail of any such replacement dwelling would be considered by a subsequent reserved matters planning application, which would be primarily assessed against the provisions of Housing Policy 14 of the Isle of Man Strategic Plan 2007.
7.0 RECOMMENDATION - 7.1 For the reasons indicated within this report it is considered the proposals would comply with the relevant planning policies of the Isle of Man Strategic Plan. Accordingly, the application is 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:
Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
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.
Recommendation Recommended Decision: Permitted
Date of Recommendation: 06.07.2016
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
N 1. For the avoidance of doubt no approval is hereby given for the proposed siting of the new dwelling as shown on drawing 03 and 04.
This approval relates to drawings reference numbers 01, 02, 03, 04 all received on 19th May 2016.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 07.07.2016 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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