Officer Report

Application No.: 16/00639/A Applicant: Mrs Sarah Kloss Proposal: Approval in principle for the erection of a replacement dwelling Site Address: Croit Aust Andreas Road Aust Ramsey Isle of Man IM7 4EF Case Officer : Mr Jason Singleton Photo Taken: 27.06.2016 Site Visit: 27.06.2016 Expected Decision Level: Officer Delegation

Officer’s Report APPLICATION SITE

1.1 The application site is the curtilage of an existing dwelling, Croit Aust, which sits to the north east corner of a wooded area to the south of the Andreas Road (A9). The property is single storey with an attached porch on the east elevation and a conservatory on the south elevation overlooking the rear garden. To the east of the site are agricultural fields and to the west and south are mature woodlands acting as a backdrop to the property. The property is linear in form and sits at right angles to the highway with a blank gable end facing north. There are two narrow vehicle accesses that serve the property. The dwellinghouse is finished in a painted white render with grey concrete tiled roof. - 1.2 The footprint of the property is 61.41 square metres with a detached shed of 22.89 square metres, giving a combined 84.3 square meters. The overall site as identified in red on the plan equates to 742 square metres. THE PROPOSAL

2.1 Proposed is an application in principle for a replacement dwelling with an indicative footprint of 12.5m x 8.2m giving 102.5 sq m. Part of the proposal would see the removal of seven trees, 4 of which would be conifers and 3 palm trees. The access on to the highway would be sealed up and a new access created in its place with access gates being positioned 6 metres back from the highway. PLANNING HISTORY - 3.1 01/02440/A Approval in principle for the erection of a dwelling. DEVELOPMENT PLAN POLICIES - 4.1 In terms of local plan policy, the application site lies within an area zoned as private woodland in accordance with the Isle of Man Planning Scheme (Development Plan) Order 1982.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 20016 contains three 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: (d) The replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); - 4.4 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(1) by abandonment, regard will be had to the following criteria:

• (i) the structural condition of the building;
• (ii) the period of non-residential use(2) or non-use in excess of ten years;
• (iii) evidence of intervening use; and
• (iv) evidence of intention, or otherwise, to abandon."

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."

REPRESENTATIONS

5.1 Lezayre Parish Commissioners recommend the application be approved (11.07.2016).

5.2 Highways Services have commented to say a Section 109 Agreement will be required and the proposed new access would be an improvement on existing. (22/06/16) - 5.3 DEFA Forestry has commented to say; No information on value or condition of trees on site. He has concerns over removal of some of the trees and expects to see a tree planting plan which could be covered by condition. (21/06/16)

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(d) of the Isle of Man Strategic Plan 20016 to the presumption against development outside of areas zoned for development.

6.2 This exception is further supported by 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 deemed acceptable. The details of any such replacement dwelling and tree planting scheme 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 20016. - 6.3 Whilst trees would be removed, only one of these is identified by the Forestry Officer as having reasonable quality although given the trees which are to be retained, the loss of this tree in the context of the application, is not objectionable. It is important that the application for reserved matters provides details of how the trees will be retained, including the large sycamore adjacent to the road which is specifically mentioned by the Forestry Officer. RECOMMENDATION

7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2007 and is recommended for approval. INTERESTED PERSON STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons 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 applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.

8.2 The Forestry Officer is in the same Department as is the planning authority and as such should not be afforded interested person status in this case.

Recommendation Recommended Decision: Permitted Date of Recommendation: 14.07.2016 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, external appearance of the building[s], internal layout, 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. The replacement dwelling must accord with Housing Policy 14 which provides guidance on the replacement of dwellings in the countryside. Reason: To accord with the principles of the Strategic Plan and to protect the countryside.

• C 5. The application for the reserved matters must include a tree protection plan and method statement to demonstrate how the development will be undertaken without adversely affecting the trees which are shown on the approved plans as being retained. Reason: In the interests of the visual character of the area.

This approval relates to drawings reference numbers 1, 2, 3 and 4 all received on 6th June 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: 15.07.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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