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Application No.: 16/00891/B Applicant: Mr William Clelland Proposal: Erection of a replacement dwelling with garage Site Address: Lanjaghan Lodge Abbeylands Isle Of Man IM4 5EQ Case Officer : Miss Abigail Morgan Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is on the site of an existing dwelling, Lanjaghan Lodge. The site sits towards the northern end of the minor road leading from Abbeylands to Lanjaghan Farm. The general area of hillside slopes down towards the south. - 1.2 Although the submitted plans show the red line extending to a piece of land across the road, from the site visit the curtilage of the dwelling is restricted to the area of land within the existing stone wall and hedgerow. The access to the east of the proposal is shared by the other two properties, Lanjaghan Cottage and Lanjaghan View. - 1.3 The current property is a one and half storey pitched roof with porch on west elevation with an attached porch on the east elevation and a lean-to conservatory on the north elevation with catslide single storey to the east. - 1.4 To the south and east of the site are agricultural fields and to the west and north are a couple of other houses and then agricultural fields beyond. It is finished in a painted white render with grey concrete tiled roof. - 1.5 The footprint of the property is apx 180 sqm and the height of the existing house from ground level to ridge is 6.52m. - 1.6 The existing house is considered to be in a poor state with damp issues and to not meet modern standards.
2.0 THE PROPOSAL - 2.1 The proposal comprises the erection of a replacement dwelling and detached garage within the application site. The proposal was amended to address concerns raised about the initial design and compliance with the replacement dwelling policies. - 2.2 The proposed replacement dwelling is basically an extended version two storey traditional Manx property with 4 upper windows. The basic footprint of the proposed dwelling measures 13.2 metres by 11 metres (including a rear two storey outrigger and a conservatory), excluding the porch which is 2.3m x 3.8m it has an eaves height of 5.5 metres and a ridge height of 8.5 metres. The garage is 6.6m x 7m x 2.4m (eaves) and 5m (ridge), apx 46sqm. The proposed dwelling would be finished in painted render, a grey slate roof and grey top opening awning windows. The conservatory also includes larger amounts of grey framed glazing.
2.3 The proposed dwelling will have the same finished floor level as the existing.
2.3 The proposed floor space (excluding the garage) is 247sq, apx 37% increase and with the garage totals 293 sqm which is a 62% increase.
2.0 PLANNING HISTORY - 3.1 There are no previous applications on the site considered relevant to the consideration of this application. - 4.0 PLANNING POLICY
4.1 The site lies within an area designated on the Onchan Local Plan of 2000 as Open Space. The Local Plan contains the following policy which is considered relevant: "O/RES/P/22
4.67 OUTSIDE THOSE AREAS DESIGNATED FOR RESIDENTIAL DEVELOPMENT NEW DWELLINGS WILL GENERALLY NOT BE PERMITTED WITHIN THE LOCAL PLAN AREA. THIS APPLIES PARTICULARLY TO THE RURAL PART OF THE DISTRICT WHERE THE COUNTRYSIDE IS ALREADY PROTECTED BY PLANNING CIRCULAR 1/88 THE PROVISIONS OF WHICH WILL CONTINUE TO BE APPLIED. IN ADDITION IT SHOULD BE NOTED THAT THE COUNTRYSIDE IN ITS ENTIRETY WITHIN THE DISTRICT IS DESIGNATED BY THE LOCAL PLAN AS OF HIGH LANDSCAPE VALUE AND SCENIC SIGNIFICANCE IN ACCORDANCE WITH THE PROVISIONS OF THE ISLAND STRATEGIC PLAN EASTERN SECTOR (PLANNING CIRCULAR 9/91)."
4.2 The Strategic Plan sets out the strategic and spatial aims of Government. There is a general presumption against the development of new housing outside existing settlements, as set out in the Strategic Aim, Strategic Policies 1c, 2 and 10, Spatial Policy 5, General Policy 3, Environment Policy 1 and Housing Policies 4, 12 and 14, some of these are referred to in full below; - 4.3 Strategic Policy 1 seeks that Development make the best use of resources by using previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and being located so as to utilise existing and planned infrastructure, facilities and services. - 4.4 Strategic Policy 2: Directs new development to towns and villages, and allows development in the countryside only in specified exceptional circumstances. - 4.5 Transport Policy 4: Requires new and existing highways that are to serve any new development be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. - 4.6 General Policy 3 sets out the exceptions where development may be allowed in the countryside. 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:
4.7 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) 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:
4.8 Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
4.9 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."
5.1 Onchan Commissioners recommend the application be approved. 18.08.2016.
5.2 The Department of Infrastructure Highways Services do not object to this application and make the following comments, 29.09.2016;
"The proposal is to replace an existing dwelling with a new dwelling within the same curtilage. There will be adequate on site car parking and access onto the highway".
5.3 At the time of writing, no further representations were received post circulation of the amended plans.
6.1 Under the provisions of General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2016 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. Whilst the existing dwelling is in poor condition it is considered the dwelling has been occupied in the last 10 years as a dwelling and therefore still retains its 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.
6.2 As can be seen, Housing Policy 14 raises a number of issues that need to be taken into account. While the siting of the proposed replacement dwelling is on the footprint of the existing dwelling, it is an increase in both footprint and floor space, by apx 37% excluding the garage. Housing Policy 14 then goes onto to state that consideration may be given to larger dwellings 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. In this instance the existing dwelling when first viewed could be considered to be of a traditional design and appearance, however the chimney stack proportion, size and position are not of a traditional style, nor are the window sizes/proportions. The lean to conservatory extension is also not of a traditional style. - 6.3 Where a replacement is considered accepted the design of the new building should be in accordance with Policies 2-7 of the present Planning Circular 3/91. The proposal is traditional in design, finish, form and appearance, being a two storey extended Manx traditional design. Accordingly, from this aspect of the policy the proposal would comply. - 6.4 For these reasons the proposal is considered to comply with the requirements of Housing Policy 14. - 6.5 The access is remaining the same as existing and there is adequate on site car parking and access onto the highway. - 6.6 The other elements of the application, such as the extended stone wall boundary treatment are considered to tie in with the existing and contribute to protecting the rural character of the area. - 6.7 From a visual perspective, the dwelling is perceived as being located in a small group of houses/buildings in a wider countryside setting. It is considered the appearance of the dwelling would be an enhancement over the present situation of the building falling into disrepair. - 6.8 Accordingly, it is considered the proposal complies with the requirements of HP14 and the resulting development would not harm the character and quality of the landscape, in accordance with the requirements of Environment Policy 1.
7.1 It is recommended that the application be approved, subject to conditions.. 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:
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: 17.03.2017 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 and to avoid the accumulation of unimplemented planning approvals.
Reason: The application did not include an extension to the residential curtilage and has not be assessed as such.
Reason: To control development in the interests of the approved dwelling and the amenities of the surrounding area.
Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
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: 20.03.2017 Determining officer
Signed : C BALMER Chris Balmer Senior Planning Officer
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