Officer Report

Application No.: 16/01076/B Applicant: Isle of Man Road Racing Ltd Proposal: Erection of two detached dwellings Site Address: Site adjacent to Drumain Farm Ballaragh Road Lonan Isle of Man Case Officer : Mr Chris Balmer Photo Taken: 19.10.2016 Site Visit: 19.10.2016 Expected Decision Level: Planning Committee

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN THE APPLICATION IS RECOMMEND FOR AN APPROVAL BUT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN.

1.0 THE APPLICATION SITE - 1.1 The application site forms the curtilage of a parcel of land adjacent to Drumain Farm, Ballaragh Road, Lonan located on the north-western side of the Ballaragh Road and north of Laxey Village. Within the curtilage of the site there is a detached portal framed building which sites immediately along the roadside boundary (southeast) and until recently there where a single storey barn/garage building; however, these have recently been demolished, leaving only concrete pads where the buildings once stood. The existing farm yard is also in place which again is constructed of concrete. - 1.2 The site is accessed via an existing entrance which runs from the farm yards and the portal framed building in a downward south-westerly direction for approximately 38 metres to the entrance of the site which accesses onto the Ballaragh Road. There is approximately a 4m to 4.5m level difference between the yard area and the road level along Ballaragh Road. Accordingly, the roadside boundary wall/grass bank has a similar height running parallel along the south eastern boundary of the site with the Ballaragh Road. The majority of the farm yard area where the existing and previous buildings where sited is on a flat plateau. However, the topography of the area being mainly on a hillside, results in the north-western section of the site (rear boundary) being approximately 6.5 metres above the ground level of the yard area and continuing upwards up the hillside.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of two detached dwellings. Each dwelling would be different in design, albeit similar in style, finishes and overall contemporary appearance which include large amounts of glazing, pitched overhanging roofs and a mixture of stone, timber and render finishes. Each dwelling would also be split level properties given the topography of the site with the front elevation being two storey while the rear elevation being single storey. - 2.2 The site would be split into two plots each with one dwelling, but both sharing the existing entrance onto the Ballaragh Road. Alterations may need to be made to the roadside boundaries to provide the required 2.4m x 90m in both directions.

- 3.0 PLANNING HISTORY

3.1 The site has been the subject of a number of planning applications; however, none is considered of material relevance to the determination of the current application. - 3.2 Erection of a dwelling to replace existing outbuildings - 10/01193/B - APPROVED - 3.3 Approval in principle to convert store / outbuilding into a dwelling and removal of remaining outbuildings - 09/00541/A - APPROVED - 3.4 Approval in principle for the erection of a bungalow - 07/00150/A - REFUSED for the following reasons: "R 1. The site lies outwith the area designated for development on the Laxey & Lonan Area Plan which was adopted by Tynwald in 2005. Whilst sympathetic to the circumstances in which the applicants find themselves, these circumstances do not justify setting aside the very clear land use policies prevalent here. Permission of this application would establish an unacceptable precedent for further development in this undesignated area and would be contrary to the refusal issued in respect of PA 01/2456 adjacent to Sea Dawn.

R 2. It is unlikely that a "Scandinavian log cabin" style of building would be visually sympathetic to this rural area."

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is within an area of 'predominantly residential' and 'Area of High Landscape Value and Scenic Significance' use under the Laxey and Lonan Area Plan Order 2005. The site is not within a Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains a number of policies considered specifically material to the assessment of this current planning application: - 4.3 Strategic Policy 1 states: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

4.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 4.5 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, 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 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(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 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:

• (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."

4.8 Transport Policy 4 states: "The new and existing highways which serve any new development must 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."

5.0 REPRESENTATIONS - 5.1 The Garff Parish Commissioners object (10.10.2016). They indicate the applicant believe the site is used as residential purposes but the Commissioners are aware this is not the case; Current structures on site are agricultural and are not incongruous in the rural landscape; The design of the dwellings is non-traditional and therefore contrary to various planning policy; Occupy a prominent position and introduce incongruous architecture into this rural location and Loss of reduction of the traditional character of the hamlet of Ballaragh. - 5.2 Highway Services (13.10.2016) do not object. They make the following comments:

"The proposal is to construct 2 dwellings to replace a group of farm buildings. The dwellings will share a single point of access located where the existing access is, with improved visibility splays and widened accordingly; there will be sufficient off road car parking provided. Note: drawing no 16 1192 6 dated May 16 detailing the access and visibility splays has the incorrect scale.

Highway Services does not oppose this application subject to the following condition:

1. Prior to any construction the access shown on drawing to be approved by the planning authority shall be constructed and the visibility splays shall remain unobstructed at a height of

• 1.05m thereafter. Reason: In the interest of highway safety"

5.5 The owners/occupiers of Glebe Cottage, Maughold have objected (27.09.2016). Has there really been a change in Policy to allow extra dwellings within the residential curtilage of an existing one; there seems to be also some reliance on a previous approval on part of this site. Unless there has been some such relaxation in Policies, I feel this application represents two new dwelling in the countryside and must be objected to. - 6.0 ASSESSMENT

6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of developing the site for residential purposes; (b) potential impact upon highway safety/parking provision; (c) potential impact upon the visual amenities of the street scenes/countryside; and (d) potential impact upon neighbouring amenities. PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES - 6.2 As identified within the planning policy section of this report, the application site and the surrounding area was designated partly for residential development and partly as High Landscape Value and Scenic Significance (HLVS) not designated for development all under the Laxey and Lonan Area Plan Order 2005. - 6.3 Essentially, the dwelling located within Plot 2 is within the area designated as "residential" and therefore the principle of developing this section of the site is acceptable. However, the dwelling on Plot 1 would partly be outside this, given approximately a third of the overall application site being designated as HLVS on land not designated for development. Accordingly, in strictly policy grounds the proposal could be refused on this ground that part of Plot 1 is on land not designated for development. - 6.4 However, there are potentially arguments in favour of allowing the proposed development. Firstly, part of the site is within an area designated for development. Second, the section of the site not designated includes the entrance and driveway to the site and therefore has currently been developed, rather being an undeveloped agricultural field. Thirdly the boundaries of the site are quite defined, especially the southwest boundary and development of this site would not appear as a significant intrusive into the open countryside, given the level of development already in this section of the site (access/yard/tracks). Fourthly, the previously approved application for a single dwelling on this site included the undesignated section of the site being part of the residential curtilage i.e. drive/garden area, this curtilage also increased to the filed to the rear - this extension is not now proposed. Fifthly, the existing building/barn, which has been on site for a number of decades and does not appear to have been used for agricultural purposes for an equal number of years, if ever; has an appearance as a workshop/garage (includes a pit, mezzanine floor, roller shutter doors, inappropriate number and type of windows for an agricultural barn & electric box at low level) and has no evidence of any agricultural activities either present or in the past. Accordingly, it could be considered the redevelopment of the site with the removal of the existing building as well as all the other recently demolished stable and vehicle store buildings and concrete yard and replaced with the two dwellings, could come under the previously developed land policy (GP3 paragraph c) which seeks to 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.

6.5 Overall, while one of these aspects indicated above would perhaps not be sufficient to overcome concerns that part of the site is not designated for development; it is considered taking all these matters into account, on balance it is considered the principle of developing the site for two dwellings as indicated would be acceptable and would not constitute an significant or adverse encroachment in to the open countryside. POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION - 6.6 Regarding off street parking provision, as required by the Isle of Man Strategic Plan two off road parking spaces are required for each dwelling. The proposals do achieve this. - 6.7 In relation to visibility highway have considered the submitted information and raise no objection. A condition should be attached which clearly demonstrated how any require works to the roadside boundaries would be undertaken to ensure the visibility splays are provided, as it is considered some alterations to reduce them to 1.05m would be required. - 6.8 Accordingly, from the information submitted and given the lack of any objection to the proposals from Highway Services, it is consider the proposal would be acceptable and comply with General Policy 2 and Transport Policy 4 of the Isle of Man Strategic Plan. POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE STREET SCENES/ COUNTRYSIDE - 6.9 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. The main feature of the existing site is the two storey barn/building which sits parallel and above the roadside boundary of the site with the Ballaragh Road. This building is the last building on this side of the Ballaragh Road, which you see when entering or exiting the settlement. It is considered the existing building has a detrimental impact upon the visual amenities of the area. - 6.10 The proposed two dwellings are very contemporary in design and have similar style and finishes, albeit they are different in design. While the proposals would be the more modern appearing properties in the area, it is considered given the varied house designs along the Ballaragh Road, they would fit well and just be the continued evolution of built development. Furthermore, being split level properties, they would flow with the topography of the hillside. It should be noted that opposite the entrance of the site is 'Sam's Barn' which is a recently completed barn conversion which included a very contemporary gable end two storey extension, similar in form and finish to the proposed dwellings. This extension fits well to the existing barn but also within the Ballaragh Road street scene. - 6.11 The proposed dwelling would be sited between 16 and 21 metres back from the Ballaragh Road and they have a similar 'building line' to the other properties, on the same side of the Ballaragh Road. - 6.12 Overall, it is considered the new dwellings while being very contemporary in design, will fit well in the street scene, the surrounding countryside and beneficial to the visual amenities of the existing site. POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES - 6.13 Given the dwellings designs, topography of the area and distances between neighbouring properties - namely those opposite the site across the Ballaragh Road to the south east; it is considered the impacts would not be significant to warrant a refusal.

- 7.0 RECOMMENDATION

7.1 Overall, it is considered that the proposal would be contrary with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007) and the Laxey and Lonan Plan Order

• 2005, and for the reasons set out in this report, it is recommended that the application be approved.
• 8.0 INTERESTED PERSON STATUS

8.1 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.

8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

The owners/occupiers of Glebe Cottage, Maughold - too far from application site to be affected by the development. Recommendation Recommended Decision: Permitted Date of Recommendation: 13.02.2017 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. Prior to the commencement of any development a detailed drawing is required to be submitted and approved in writing by the Department which demonstrates how the required visibility splays of

2.4m x 90m in both directions is provided, including any works required to be undertaken to the roadside south eastern boundary of the site and the dwellings shall not be occupied until the works approved under this submitted drawing have been constructed, and shall be so retained thereafter.

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. 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. 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. 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 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 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 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 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 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 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 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 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, 16 1192 02, 16 1192 03, 4, 5, 6 and 10TS007-01 all received on 16th September 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: 20.02.2017 Signed : Sarah Corlell Presenting Officer Further to the decision of the Committee an additional report was YES/NO See below

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Planning Committee Decision 20.02.2017

Application No. : 16/01076/B Applicant : Isle of Man Road Racing Ltd Proposal : Erection of two detached dwellings Site Address : Site adjacent to

Drumain Farm Ballaragh Road Lonan Isle of Man Presenting Officer : Miss Sarah Corlett Addendum to the Officer’s Report

At the Planning Committee of 20th February, 2017 the Planning Committee approved the application but adding to condition 3 a requirement to provide a landscaped boundary at the south west of plot

• 1.

Conditions of Approval

• 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. Prior to the commencement of any development a detailed drawing is required to be submitted and approved in writing by the Department which demonstrates how the required visibility splays of

• 2.4m x 90m in both directions is provided, including any works required to be undertaken to the

roadside south eastern boundary of the site and the dwellings shall not be occupied until the works approved under this submitted drawing have been constructed, and shall be so retained thereafter.

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. In particular, the landscaping must include the provision of a planted hedge to form the south western boundary of plot 1. 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. 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. 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 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 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 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 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 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 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 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 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, 16 1192 02, 16 1192 03, 4, 5, 6 and 10TS007-01 all received on 16th September 2016.