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Application No.: 19/00205/B Applicant: The Clypse Estate Ltd Proposal: Variation of condition one of PA 14/01157/REM, Reserved Matters Application relating to PA 13/00184/A for erection of replacement farm dwelling addressing siting, design, external appearance, internal layout and means of access, to extend the period of permission by four years Site Address: Clypse Moar Farm Clypse Onchan Isle Of Man IM4 5BG Planning Officer: Mr Nick Salt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.04.2019 _________________________________________________________________
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: To provide adequate safeguards for the bats which are protected under the Wildlife Act 1990.
The approval hereby issued relates to the following plans, date-stamped as having been received 22nd February 2019:
It is recommended that Manx National Heritage should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
It recommended that Clypse Farms Limited should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
As they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
As they do not refer to the relevant issues in accordance with paragraph 2C of the Policy. _____________________________________________________________________________
1.1 The application site represents the residential curtilage of Clypse Moar House, Clypse, Onchan. The site represents a 'rectangular shaped' parcel of land which lies to the west of the Clypse Reservoir and accessed via the Ballacottier Road and the narrow roadway leading to the reservoirs themselves. - 1.2 The site is flat in nature within a semi-woodland setting, with mature hedgerows and trees running along the southern and western boundaries of the site. To the north of the site are a number of agricultural barns which are currently used for cattle farming. To the south of the site is a used farm workshop building and then further agricultural stone barns which have steel framed farm buildings attached. These steel framed buildings are in a very poor state of repair/collapsed. All buildings, access lane and surrounding fields are within the applicant's ownership.
2.0 THE PROPOSAL - 2.1 The application seeks variation of condition 1 of PA 15/00170/B for Alterations to existing road to provide turning area, improve existing parking spaces and provide additional parking spaces and passing place. That condition specified: "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." This application is to extend the approval for another 4 years.
2.2 The original application 14/01157/REM which was approved, sought approval for the Reserved Matters Application relating to PA 13/00184/A for erection of replacement farm dwelling addressing siting, design, external appearance, internal layout and means of access.
2.2 The majority of the replacement dwelling would not be sited on the existing footprint, albeit the garage block and side extension would be. The proposed main dwelling house would be located to the north east of the existing dwellings footprint. The proposed dwelling would be located a minimum of 150 metres from the nearest public highway. The proposed dwelling would have a maximum width of 27.5 metres, an overall maximum depth of 14.6 metres and have a ridge height of 10.5 metres. The measurements include the proposed single storey kitchen building and the main two storey dwellinghouse. - 2.3 For reference the existing dwelling have a maximum width of 14.8 metres, an overall maximum depth of 13 metres (including rear outbuilding/garage 24 metres) and have a ridge height of approximately 7.5 metres.
2.3 The proposed two storey replacement dwelling would have traditional elements in its design, being the more usual five upper windows over a central doorway which is flanked with two windows either side. The proposal also includes a double pitched roof with a natural slate finish, two gable end chimneys, a two storey projection central doorway finished in Manx stone, verge details to all gable ends and a painted render finish. The windows are to be timber/aluminium framed double glazed windows. It is not state whether these be sliding sash widows or casements. - 2.4 The property would utilise the existing vehicular access to serve the property and the farm, but would include alterations to create a new driveway which would accommodate much more than the required two off road parking spaces to the front of the property as well as four further parking spaces within the proposed detached double garages.
3.0 PLANNING HISTORY - 3.1 The key aspect of planning history for this site is the previous approval 14/01157/REM as noted above, and approval in principle for a replacement farm dwelling (13/00184/A).
4.0 PLANNING POLICY - 4.1 The application site is located within an area identified as being as being of 'Open Space' under the Onchan Local Plan Order 2000. - 4.2 Within the Isle of Man Strategic Plan 2016, the following policies are considered relevant: - 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 General Policy 3, which states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
4.5 Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
In assessing whether a property has lost its habitable status(1) by abandonment, regard will be had to the following criteria:
4.6 Housing Policy 14, which 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 have no objection to the application (04.04.2019). - 5.2 Manx National Heritage have noted the potential for bats in the area of the site and request a bat survey (03.04.19). - 5.3 Clypse Farms Limited have written a letter regarding the current ownership of the site and requesting that no steps are taken which may reduce the value of the land and property (12.03.19).
6.1 The application is to vary a condition that seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional four years to the time in which the permission should be implemented. - 6.2 The main issue in the assessment of this application is whether there have been any material changes, in planning terms, since the application was last approved; for example policy changes, a change to the land use designation, new or altered legislation, or site circumstances that would lead to a different decision being made. - 6.3 Since the initial approval there have been no material planning changes which have arisen. The Onchan Local Plan and the Isle of Man Strategic Plan policies have not been superseded and therefore continue to comprise the Development Plan. There have not been any relevant appeal decisions that indicate a different approach to those policies should be taken and no new legislation has been brought into force. - 6.4 It is considered that the design and access elements would remain acceptable for the reasons outlined in depth in the planning report for 14/01157/REM, and for this reason an extension to the permission is acceptable. - 6.5 There was no bat survey carried out with the original application, and no condition was imposed requesting one. However, the concerns raised by Manx National Heritage regarding the presence of bats in the area is noted, and a condition should be added to approval requesting a bat survey to be carried out and sent to the Department for review prior to the commencement of any development works.
7.1 With the above assessment in mind, it is recommended that the application be approved. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 12.04.2019 Determining officer
Signed : S CORLETT Sarah Corlett Principal Planner
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