Planning Officer Report

Planning Officer Report And Recommendations {{table:16295}}

Officer's Report

THIS PLANNING APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED DWELLING HAS A FLOOR SPACE THAT IS GREATER THAN 50% OF THE EXISTING DWELLING. FURTHERMORE, AS THE PLANNING COMMITTEE ALSO CONSIDERED THE RECENT PLANNING APPLICATION FOR RELATED EQUESTRIAN DEVELOPMENT ON LAND ADJACENT TO THE APPLICATION SITE IT IS CONSIDERED CONSISTENT FOR THEM TO ALSO CONSIDER THIS PLANNING APPLICATION.

The Application Site

1. The application site comprises a parcel of land located on the eastern side of Castletown Road in the Newtown area of Santon. The site comprises land containing an existing two storey dwelling and land providing a link to an access road to Castletown Road. It should be noted that the majority of the access road already has planning approval under previously approved planning application 10/01672/B.

The Proposal

1. The proposal comprises the demolition of the existing dwelling and erection of a replacement dwelling together with the creation of driveway link to approved vehicular access road.

Planning History

1. The application site and adjoining land has been the subject of a number of previous planning applications that are considered specifically material to the assessment of this current planning application:

1. Planning application 10/01658/B sought planning approval for the erection of a replacement dwelling with new vehicular access and road. This previous planning application was withdrawn before any decision was made.

1. Planning application 10/01660/B sought planning approval for the conversion of existing barns into four tourist accommodation units and creation of new vehicular access and road. This previous planning application was withdrawn before any decision was made.

1. Planning application 10/01672/B sought planning approval for the erection of new equestrian arena, stabling blocks, horse walker, storage sheds, external manège, horse exercise track and creation of new vehicular access to main road and new access road serving development. This previous planning application was approved on the 15th February 2011.

1. Planning application 10/01674/B sought planning approval for the conversion of existing stables to provide two self catering tourist accommodation units and creation of new vehicular access and road. This previous planning application was withdrawn before any decision was made.

1. The application site and adjoining land is also the subject of the two concurrent planning applications:

1. Planning application 12/00027/B seeks planning approval for the conversion of existing barns into self catering tourist accommodation and creation of driveway line to approved vehicular access (PA 10/01672/B). At the time of writing this planning application is pending decision.

1. Planning application 12/00028/B seeks planning approval for the conversion of stables into self catering tourist accommodation units and creation of driveway link to approved vehicular access (PA 10/01672/B). At the time of writing this planning application is pending decision.

Planning Policy

1. In terms of land use designation the application site is not specifically designated for development and is located within a wider area of land identified as being of High Landscape or Coastal Value and Scenic Significance (AHLV) under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982.

1. 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 this current planning application.

1. 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:

• (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, historic, or social value and interest; (Housing Policy 11);

• (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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."

1. Housing Policy 4 states:

"New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

1. Housing Policy 12 states:

"The replacement of an existing dwelling in the countryside will generally be permitted unless:

• (a) the existing building has lost its residential use by abandonment; or"

• (b) the existing dwelling is of architectural or historic interest and is capable of renovation. In assessing whether a property has lost its habitable status by abandonment, regard will be had to the following criteria: i) the structural condition of the building; ii) the period of non-residential use or non-use in excess of ten years; iii) evidence of intervening use; and iv) evidence of intention, or otherwise, to abandon."

1. Housing Policy 13 states:

"In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost.

Where: a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and b) there is an existing, usable track from the highway; and where c) a supply of fresh potable water and of electricity can be made available from existing services within the highway.

This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement buildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space measured externally, the extension measures less than 50% of that of the original)."

1. 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."

REPRESENTATIONS

1. The Department of Infrastructure Highways Division do not oppose the planning application.
2. The Manx Electricity Authority comment on the planning application. The subject of their comments relate to non-planning material considerations.
3. The owner and/or occupant of Conister, which is located approximately 50m south of the application site access onto Castletown Road and approximately 400m north of the barns that are the subject of the planning application, objects to the proposed development. The grounds for their objection can be summarised as a belief that the previous planning application for equestrian development should not have been approved and concerns about the impact of development on the character of the area.

ASSESSMENT

1. Under the provisions of General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2007 the erection of a replacement dwelling on a one for one basis is an accepted exception to the

general presumption against development within the countryside. In this instance the existing dwelling has full habitable status and therefore also accords with Housing Policy 12, which means that the primary policy to assess the proposed development against is Housing Policy 14.

1. As can be seen, Housing Policy 14 raises a number of issues that need to be taken into account. Whilst the siting of the proposed dwelling is the same as the existing dwelling the size increase from the existing to the proposed dwelling is greater than the 50% referred to within the policy (approximately 98%). Given the scale and extent of associated development recently approved it is not unreasonable for a larger dwelling to be proposed. Proposing a greater than 50% increase in floor space is not an automatic reason for refusal of the planning application as Housing Policy 14 goes onto to state that consideration may be given to larger dwellings where i) this involves the replacement of an existing dwelling of poor form with one of more traditional character; or ii) where, by its design or siting, there would be less visual impact.

1. In respect of i) whilst its basic proportions are generally traditional the dwelling was subject to substantial alterations in the 1960s and 1970s that has resulted in a dwelling that has lost a significant amount of its traditional appearance. The detailing of the existing dwelling is poor, with non-traditional fenestration, non-traditional extensions, non-traditional windows and doors, and unsightly rendering. Taking this into account it is concluded that the existing dwelling is of one of poor form. The proposed dwelling is considered to be of much higher quality design that is traditional in character and a proposal that represents a significant improvement over the existing dwelling. As such, it is concluded that the proposed development accords with the provisions of the second paragraph of Housing Policy 14 that allows the erection of larger dwellings.

1. As for ii) it is noted that the existing dwelling, and indeed much of the existing and new development within the adjoining land, is not readily visible within the landscape due to topography. Whilst, as the proposed dwelling is larger and taller it would be difficult to say that the proposed dwelling would have less visual impact it should be noted that it is also concluded that the proposed dwelling would not be readily visible within the landscape. As such, although the proposal could not be justified on that element of the second paragraph of Housing Policy 14 its overall impact on the landscape character and amenity is unlikely to be significant.

1. In respect of other issues to consider the proposed dwelling is sufficiently distanced from surrounding property so as not unduly affect private amenity. The proposal improves existing vehicular access and does not unduly harm highway safety. Surface water and foul drainage is acceptably dealt with.

Recommendation

1. It is recommended that the planning application be approved.

Party Status

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Infrastructure Highways Division; The Manx Electricity Authority; and The owner and/or occupant of Conister.

Recommendation
Recommended Decision:	Permitted
Date of Recommendation:	21.02.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to drawing no.s K220/P/10-00 rev. A, K220/P/10-01 rev. A, K220/P/10-02 rev. A, K220/P/10-03, K220/P/10-04, K220/P/10-05, K220/P/12-01 and K220/P/13-01 date stamped the 10th January 2012.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : Armon Committee Meeting Date : 5/3/12

Signed : O. B. B. B. Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO