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Application No.: 16/00351/A Applicant: Arragon Construction Ltd Proposal: Approval in principle for demolition of two dwellings and stable block and creation / incorporation of two further dwellings within large residence, entrance gates and gate lodge addressing siting, design and means of access Site Address: Ballaquiggin Farm Balnahowe Santon Isle Of Man IM4 1HW Case Officer : Miss S E Corlett Photo Taken: 14.04.2016 Site Visit: 14.04.2016 Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE ON THE BASIS OF THE PLANNING HISTORY OF THE SITE
1.1 The site is a rectangular shaped site, approximately five acres in size excluding the access lane, not defined by natural boundaries, centred on a complex of existing buildings, all accessed from a narrow private lane leading from a narrow country road which leads south east from the A25 Old Castletown Road at Oatlands Cottages, towards Meary Veg sewage treatment works. This road crosses the steam railway line just outside the site: in between the road and the railway is another existing property - Withaney - not within the site nor owned by the applicant. - 1.2 The existing buildings on the site include an original farmhouse, a newer farmhouse (neither of which still have agricultural occupancy ties still applicable to them - see below), two residential units formed from barns which were converted to tourist accommodation and then changed to residential accommodation (see below) and agricultural buildings - stabling and a tractor shed - on each side of the former barns. The buildings are visible from two viewpoints - from the north from the top of the hill to the south of Crogga House from where the main house can be seen peeping over the intervening hillocks. Also the site is visible from the steam railway line as the site is higher than this. There is small copse of trees and vegetation between the railway line and the buildings and the view is limited and fleeting. - 1.3 Planning approval has been granted for the redevelopment of the site but this has not been implemented (see below). THE PROPOSAL
2.1 Proposed is the principle of the development which was approved in detail under PA 12/00397/B and in principle under PA 07/02361/A. This relates to the redevelopment of all of the existing buildings except the main house which is to be retained as guest accommodation, into a sizeable new dwelling with smaller gate lodge further towards but a little distance from the entrance. The proposed residential accommodation is given in the application form as 2604 sq m but after clarification is around 2088 in two dwellings (including use of the roofspace in the larger dwelling)
plus a gate lodge of a further 160 sq m. The existing residential accommodation to be removed amounts to around 785 sq m excluding the two barn buildings.
3.1 The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Woodland and an Area of High Landscape or Coastal Value and Scenic Significance.
3.2 As such, the proposal should be subject to the provisions of Housing Policy 14 which 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 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."
4.1 The following planning applications have been submitted in respect of this site:
4.2 PA 07/02361/A proposed the principle of the clearance of the site of the converted barns, the stables, tractor shed and their replacement with a new house with staff accommodation, a gym and garaging: the newer farmhouse was to be retained and used as guest accommodation and the older farmhouse retained and used as staff accommodation. Also proposed was a new gate lodge at the entrance to the site. The new main dwelling extended the built footprint some 16m to the north west of the existing buildings although the stable buildings to the south west of the existing complex are to be removed, thus reducing the built footprint by 25m in this direction. The residential curtilage was to be expanded around the buildings beyond the present definition of the residential space around the existing buildings. The complex was to be re-named Ballaquiggin Manor.
4.3 Whilst in principle only, the scheme contained indicative drawings which showed the replacement of the barns (footprint of 341 sq. m, overall floor area 521 sq. m), stables (90 sq. m) with new fabric which amounted to 1500 sq. m including the garaging and swimming pool block - a footprint of around 616 sq. m for the main accommodation, 300 sq. m for the swimming pool and 120 sq. m of garaging. The newer farmhouse was to be enlarged (this building has had permission for extension) and the gate lodge was to be around 64 square metres in footprint. One dwelling with ancillary accommodation would replace four dwellings. The applicant explained that his client has tried to market the properties but that they are not attractive due to their proximity to others and that the proposed large dwelling would satisfy the Treasury's policy to attract high net worth individuals to the Island. - 4.4 This application was refused initially for reasons relating solely to the inclusion of a gate lodge which would represent development in an area which is not presently developed. - 4.5 The application was taken to appeal where the Inspector split the decision between the proposal on the main site and that for the gate lodge. He recommended approval to the redevelopment of the main site on condition that the overall area did not exceed that shown on the approved drawings (see above). He notes that "The strategic policy on the introduction of replacement buildings in the countryside (Housing Policy 14) requires that new fabric is no greater than 50% larger than the existing. Whilst in this case, provision can and will be made for new fabric which is larger than this on the basis that the scheme is replacing four individual dwellings with one with associated ancillary accommodation, it is not possible to grant specific permission for the scheme shown in the submitted drawings without having the benefit of full elevational drawings which illustrate the mass of the proposed buildings and their impact particularly from the steam railway line to the south west." He also notes that "Whilst the current scheme proposes the retention of certain buildings the buildings to be retained are of no particular architectural merit and the appellants and may wish to consider the complete redevelopment of the site. - 4.6 In respect of the gate lodge, he recommended that the arguments for this were not convincing and that whilst there were examples of other lodges, these relate to a different era and the proposal would result in a new dwelling on presently undeveloped land, would be unnecessary and intrusive and is not recommended for approval. The Minister agreed with this. Conditions were attached referring to the submitted drawings and notes referring to the points cited above relating to Housing Policy 14:
4.7 A detailed application, PA 12/00397/A was approved for the principle of the demolition of all of the buildings on the site except the main house, and their replacement with a new dwelling. The existing dwelling was to be retained as guest accommodation and also proposed was the erection of a small gate lodge at the eastern edge of the site where the access lane meets the main site. This is not the same siting as that which was considered in the 07 application referred to above which was alongside the public highway at the northern end of the site. - 4.8 The curtilage of the new house was different from the existing, extending further to the north east by 13m, further to the north west by 10m and less far to the south west by 8m. All of the proposed buildings shown in the site plan sit within the existing residential curtilage as seen on site, other than a northern corner of the new property. The new property would extend further than does the existing group to the north east, north, north west but not as far as do the existing to the south west. NOTES:
14) generally requires that new fabric is no greater than 50% larger than the existing. Whilst in this case provision can and will be made for new fabric which is larger than this on the basis that the scheme is replacing four individual dwellings with one with associated ancillary accommodation it is not possible to grant specific permission for the scheme shown in the submitted drawings without having the benefit of full elevational drawings which illustrate the mass of the proposed buildings and their impact particularly from the steam railway line to the south west.
REPRESENTATIONS
5.1 Highways Division indicate that they do not oppose the application (31.03.16).
5.2 Santon Parish Commissioners object to the application, feeling obliged to object as they did to the earlier application. They comment that the magnitude of the changes to be made will place a disproportionate burden of heavy construction traffic upon the part of the Balnahow Road which gives access from the Old Castletown Road and they hope that the highway authority will maintain the road to a good standard at times when highway maintenance is under pressure (19.04.16). There is no record of any objection having been lodged to PA 12/00397/B by the Commissioners. They commented on the earlier application, PA 07/2361/A that they appreciated the position in which the applicant finds himself and support the principle of the redevelopment of the site for one dwelling but question the appropriateness of the lodge due to its distance from the complex and would appear as a new house in the countryside.
5.3 It should be noted that there is provision in highways legislation to require developers to undertake works to highways which may become damaged through particular periods of traffic use. ASSESSMENT - 6.1 The application should be considered in the light of Housing Policy 14 and in this respect, the previous applications are a material consideration, particularly as the Inspector makes specific and very helpful comments about the interpretation of this. The lodge proposed previously has been omitted from its previous position which was considered intrusive and will now be less visible, if visible at all by the public. In moving the built development to the north east, this is moving it away from the view from the railway, as shown in approved application 12/00397/A.
6.2 The principle of the demolition of most of the buildings with a new, large house has been accepted and there has been no change in policy since then to warrant a different decision. It is disappointing that the proposal still includes the retention of the existing main dwelling as a guest lodge as this is the least attractive and most prominent of the buildings on site and referred to in the previous application decision as to be redeveloped if at all possible. The proposed layout of the buildings is the same as that shown in PA 08/2361 and 12/00397/A.
6.3 The existing layout is not particularly attractive nor does it comprise buildings of particular interest or character. As such, it is concluded that the principle of redevelopment along the lines shown is acceptable, as it was in 2009 and 2012.
6.4 It is recommended that the application is permitted but with the same provisions as those included in the 08 and referring to those in the 2012 application decision, ie reiterating the principles of HP 14. PARTY STATUS - 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
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: 25.05.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
Reason: to clarify the provisions of the approval in association with Housing Policy 14 of the Strategic Plan.
Reason: to control subsequent development which could have an adverse visual impact on the surrounding countryside.
N 1. The strategic policy on the introduction of replacement buildings in the countryside (Housing Policy 14) generally requires that new fabric is no greater than 50% larger than the existing. Whilst in this case provision can and will be made for new fabric which is larger than this on the basis that the scheme is replacing four individual dwellings with one with associated ancillary accommodation it is not possible to grant specific permission for the scheme shown in the submitted drawings without having the benefit of full elevational drawings which illustrate the mass of the proposed buildings and their impact particularly from the steam railway line to the south west.
This approval relates to plans reference P10-01, P10-02, P10-03 and P10-04 all received on 23rd March, 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 : …Permitted.. Committee Meeting Date:…20.06.2016 Signed :………S CORLETT……………….. Presenting Officer
Signatory to delete as appropriate YES/NO
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