Officer Report

Application No.: 17/00002/B Applicant: Ms Swasti Behari Proposal: Construction of a replacement dwelling including extension of residential curtilage and new access Site Address: Wheatcroft Ballaragh Laxey Isle Of Man IM4 7PW Case Officer : Mr Chris Balmer Photo Taken: 11.01.2017 Site Visit: 11.01.2017 Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS THE APPLICATION COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL.

1.0 THE SITE - 1.1 The application site is the curtilage of the Wheatcroft, Ballaragh, Laxey which is a two storey detached traditional farmhouse styled property with three upper windows over a central door way which is flanked by single windows either side. The north-western gable end of the property directly faces the Ballaragh Road which runs along the north-western boundary of the site. - 1.2 There is currently no vehicular access to the site, only pedestrian access, therefore the dwelling relies on the Ballaragh Road for parking provision. - 1.3 To the south-west of the existing site is a parcel of land which is designated for residential development (Area 19) under the Laxey and Lonan Local Plan. To the south of the site is Ballaragh Old Farmhouse and Ballaragh Barn which recently gained planning approval (PA 14/00809/B) to be converted to a new dwelling and also to be demolished and replaced with a new dwelling (PA 15/00590/B). Running between these two properties is a public footpath which runs past the front of the barn in an easterly direction where there are open fields which stretch down to the coast road. Views of the sea are possible from the site.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of a replacement dwelling including extension of residential curtilage and new access. - 2.2 The new dwelling appears from the front elevation as a traditional dormer styled cottage property, albeit it is actually a two storey dwelling with dormer accommodation within the roof; but the topography of the land is such that the lower ground floor is screened from view when viewing the property from the Ballaragh Road. However, due to the sloping nature of the site the rear elevation (facing towards the Coast Road) would be a full two and three storey dwelling. The proportion and form of this rear elevation is also traditional; however, the proposal includes large expanses of glazing to take advantage of the sea views, these results in the fenestration appearing more contemporary in design and finish.

2.3 The new dwelling would have a maximum width of 18 metres, a maximum depth of 8.5 metres and a ridge height of 9.5 metres (6.8 metres when measuring front elevation in relation to the ground level of proposed driveway). The dwelling would be finished in painted render with a slate or slate like roof finish. The windows to the front elevation would be sliding sash in style (conditioned). - 2.4 For information a replacements dwelling (PA 14/01360/B) on this site was recently approved. This dwelling would have had a maximum width of 17.8 metres, a maximum depth of 10.8 metres (14.2 metres if rear first floor terrace is included) and a ridge height of 9.2 metres (6 metres when measuring front elevation). The dwelling would have been finished in a mixture of render and Manx stone with a slate or slate like roof finish. All windows were to be thin profiled aluminium and dark grey in colour. The submission included a detached double garage with store that would have had a width of 9 metres, a depth of 6 metres and a ridge height of 4.8 metres. - 2.5 As part of the scheme the development includes the extension of the residential curtilage in a south-easterly direction towards the Coast Road below. The curtilage extension is exactly the same as previously approved under application 14/01360/B. - 2.6 A new vehicular access is also proposed which enables access to the proposed garage and parking/turning provisions within the site. The previously approved application also included such access, although the new proposal has moved the accesses 9 metres further north than originally approved.

3.0 PLANNING HISTORY - 3.1 The previous planning application is considered relevant in the assessment and determination of this application: - 3.2 Erection of a replacement dwelling with detached garage, extension of residential curtilage and formation of new access onto highway -14/01360/B -APPROVED

4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is partly within an area zoned as "Predominantly Residential" and partly within an area of "High Landscape Value and Scenic Significance" all identified on the Laxey and Lonan Area Plan 2005. The site is not within a Conservation Area. - 4.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:- - 4.3 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 4.4 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential."

4.5 General Policy 2 states: "Development which is in accordance with the land-use zoning andproposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally bepermitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

4.6 General Policy 3 states: Development will not be permitted outside of those areas which arezoned 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(1) 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.

4.7 Housing Policy 14 states: "Where a replacement dwelling is permitted, it must not besubstantially different to the existing in terms of siting and size, unless changes of siting or sizewould result in an overall environmental improvement; the new building should therefore generallybe sited on the "footprint" of the existing, and should have a floor area(1), which is not more than50% greater than that of the original building (floor areas should be measured externally andshould not include attic space or outbuildings). Generally, the design of the new building should bein accordance with Policies 2-7 of the present Planning Circular 3/91, (which will be revised andissued as a Planning Policy Statement). Exceptionally, permission may be granted for buildings ofinnovative, modern design where this is of high quality and would not result in adverse visualimpact; designs should incorporate the re-use of such stone and slate as are still in place on thesite, 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 Garff Commissioners object (received on 24.01.2017). Concerns the non-traditional design of the property when viewed from an easterly direction; the proposed three storey building will have dominance in the skyline over this aspect form the A2 Coast Road; and the rear elevation design does not conform to Planning Circular 3/91.

6.0 ASSESSMENT - 6.1 As identified within the policy section of this report the site lies partly within an area designated for residential use and partly outside in an area of High Landscape Value and Scenic Significance which is not designated for development. The current dwelling and garden associated with the dwelling are within the land use designation of residential use, but the proposal extends that area into the countryside. - 6.2 The key considerations are the position, form, proportion, design and size of the new dwelling and the extension of the residential curtilage to accommodate the proposed dwelling and new garden. It should be noted that the existing curtilage of the site would not be able to provide an acceptable level of off road parking and turning provision. Whilst some could be provided it would likely require the entire garden of the property to do so. Due to the size of the required parking spaces and turning provisions the proposed dwelling has been set back into the site. This has consequently resulted in the garden also being pushed back into the site. Due to this the proposed parking/turning area/front garden would be within the existing curtilage, whilst the new dwelling and rear garden would be outside. - 6.3 In relation to the proposed dwelling, as indicated within the proposal section of this report, the dwelling in terms of proportion, form and finish is of a traditional Manx cottage styled property. The dwelling is not in strict accordance with Planning Circular 3/91 (i.e. Manx farmhouse) but this style of property can be found throughout the Island, including in the settlement of Ballaragh as the dwelling 'Blue Haven' has similar design. From the Ballaragh Road the proposal would appear as a single storey dormer Manx cottage whilst from the Coast Road the proposal would appear to be traditional in form and proportion, albeit with a more contemporary window fenestration. - 6.4 In terms of planning policy the proposal falls between General Policies 2 and 3 and Housing Policy 14 due to the land use designations of the site. If considering General Policy 2 it is considered the proposal would meet the requirements given the position, form, proportion, design and size are appropriate within the street scene and the site. - 6.5 If considering Housing Policy 14, this policy sets out that replacement dwellings in the countryside should be no more than 50% larger in terms of floor area than the dwellings which they replace and should be designed in accordance with Planning Circular 3/91. - 6.6 In this case the existing dwelling has a floor area of approximately 130.6 square metres, whereas the proposal would have a floor area of 244 square metres which equates to an approximate 87% increase in floor area over the existing property. For information the previously approved dwelling (14/01360/B) had a floor area of 300 square metres which equates to an approximate 130% increase in floor area over the existing property. Accordingly, the new application is smaller in size and footprint, but is 0.3 metre taller than the previously approved dwelling. - 6.7 Accordingly, using this calculation it could be considered the application fails Housing Policy

1. However, this is not an automatic reason for refusal of the planning application as Housing Policy 14 goes on 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.

6.8 The existing dwelling, given its design, finish and appearance, is not considered to be a dwelling of poor form and whilst the proposed dwelling is of traditional form, it is not considered to be of a more traditional character. In terms of the second exception for a larger dwelling the dwelling given its size increase would not have less visual impact. Accordingly, the proposal would fail these aspects of Housing Policy 14 also. - 6.9 However, as indicated previously, the site is part residential and therefore it could be considered that Housing Policy 14 need not be as strictly imposed compared to a dwelling within the open countryside. - 6.10 At this stage it is perhaps most important to consider the setting of the site and how the proposed dwelling and curtilage would fit in the area. The scheme proposes the majority of the new dwelling being setback from the Ballaragh Road and projecting into land not designated. Normally this would raise significant concerns due to the encroachment of development into the countryside. However, in principle it is considered appropriate on this site. It is important to note the character and positions of dwellings within the settlement of Ballaragh. Dwellings run along both sides of the Ballaragh Road and are made up of a variety of sizes, types, designs, ranging from very traditional Manx farm/cottage dwellings through to more modern 1970's/80's properties. - 6.11 Consideration should also be given to the projection or setback of a number of properties along the eastern side of the Ballaragh Road where the application site can also be found. There are a number of properties along Ballaragh Road which have a similar curtilage and some properties are positioned in a similar setback position as the proposed dwelling. Such properties include Cleckheaton and Hillside to the northeast and Ballaragh Barn, Ballaragh Old Farm House, Sea Dawn, Gwendra and Thie Eirinagh to the southwest of the site. Essentially, the proposed dwelling would be located between the neighbouring properties of Hillside and Ballaragh Barn whose curtilage extends to a very similar position to what is being proposed. In terms of the visual impact of this curtilage extension the key view is from the Coast Road which is located below the site to the east. From the Coast Road the site/area is mainly screened from view due to the topography of the land. However, there are views immediately to the east of the site where the topography lowers sufficiently and the site and the area of Ballaragh Barn is apparent. It is from these passing views where the proposed dwelling and curtilage would be most apparent. It should be noted these views look up at the site and are more distant views. The dwelling from this location would fit well with the existing properties along the Ballaragh Road, and whilst there would be a greater level of built development on the site compared to the existing, it is considered the proposal would blend within the existing dwellings of the Ballaragh settlement. - 6.12 Views from the Ballaragh Road would be mainly limited to the front elevation which is single storey in height. The proposal would have a traditional Manx cottage appearance and would be very in keeping with the area. A condition should be attached to reduce the level of parking/turning areas shown on the submitted plan. Currently, the majority of the frontage would be hardstanding. It is considered this amount of hardstanding should be reduced in the interest of the visual amenities of the dwelling and also the character of the area. - 6.13 Overall, whilst the proposal would contravene Housing Policy 14, this policy is not strictly applicable. The proposal would be at odds with General Policy 3, but it is considered that the breach of this policy, with regard to the extension of curtilage into the countryside is relatively minor. The proposal would comply with General Policy 2. The dwelling would sit well within the site and would be a visual improvement to the area whilst providing a property with adequate off road parking and an increased level of living standards. The dwelling in terms of its design, form, proportion, finish and siting would not result in an adverse feature within the street scene or the countryside and therefore would fit well within the settlement of Ballaragh complying with Environment Policies 1 & 2.

7.0 RECOMMENDATION - 7.1 In view of the favourable conclusions set out above in respect of the key issues, and as the arguments in support of this application are very similar to the previously approved application, which was accepted by the Planning Committee, it is recommended that the planning application be approved subject to the conditions listed.

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:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Services of the Department of Infrastructure; and
• (e) The local authority in whose district the land the subject of the application is situated.

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: 30.01.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

• C 2. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only. Reason: In the interests of highway safety.
• C 3. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include planting to the roadside boundary and

increased level of garden to the frontage of the dwelling. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. The hard landscaping should include details of the surface finish of the driveway/parking area which also indicates parking for at least two off road parking space and turning provision. The hard landscaping works shall be completed in full accordance with the approved details prior to the occupation of the dwelling hereby approved.

Reason: To ensure the provision of an appropriate landscape setting to the development and adequate off road parking provision.

• C 4. The windows installed to the front elevation (northwest) of the dwelling hereby approved are required to be sliding sash in terms of their method of opening and the vertical glazing bars are required to be externally stuck both to be retained thereafter. Reason: In the interest of the character and appearance of the dwelling and area.
• C 5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• C 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• C 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) 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.
• C 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garden sheds or summerhouses shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.

• C 9. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no greenhouses or polytunnels shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.

This approval relates to drawings reference numbers 1, 4A, 5, 6 and 7 all received on 3rd January 2017.

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:…06.02.2017

Signed :…………C BALMER………….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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