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Application No.: 19/01011/B Applicant: Carnane Estate Ltd Proposal: Erection of replacement dwelling with associated landscaping and parking Site Address: Rhenab Cottage Rhenab Road Cornaa Ramsey Isle Of Man IM7 1EL Principal Planner: Mr Chris Balmer Photo Taken: 10.10.2019 Site Visit: 10.10.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 13.11.2019 _________________________________________________________________
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 ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details.
Reason: To provide adequate safeguards for the bats.
Reason: The application has solely been approved on the grounds of being a replacement dwelling and therefore the existing dwelling is required to be removed in accordance with Housing Policy 4. Furthermore, the application has been considered acceptable on the grounds of the existing outbuildings being demolished.
This approval relates to the submitted documents and drawings reference numbers SC1560 P/10-00, SC1560 P/10-01 REV A, SC1560 P/10-02 and SC1560 P/10-03 and Design and Access Statement all date stamped as received on 10th September 2019.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following persons 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):
The owners/occupiers of Glebe Cottage, Maughold as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and 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. _____________________________________________________________________________
THE APPLICATION IS BEING PASSED FOR CONSIDERATION BY THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE APPLICATION SITE - 1.1 The application site comprises the curtilage of Rhenab Cottage, Rhenab Road Cornaa, Maughold. Within the site there is a two storey traditional Manx farmhouse, with a single storey extension to the rear with cat slide roof. The dwelling is rendered and painted white with a slate roof. To the western gable end of the dwelling is a Manx stone single storey barn with metal corrugated sheet roofing. The rear elevation of the dwelling and the western elevation of the attached Manx stone barn directly adjoins the public highway Rhenab Road. The road level is set above the floor level of the dwelling (approx ½ storey). The site sits on a corner with the Rhenab Road running along the northern and western boundary of the site. - 1.2 Within the site (garden) and to the south east of the dwelling are existing detached outbuildings, finished in a metal cladding painted in a cream colour and a green house. A number of trees line the eastern and southern boundary of the site, with the western boundary having a mature boundary hedge. With the western boundary there is an existing vehicular access and a separate pedestrian gate, both directly access onto the Rhenab Road. A small driveway within the site is linked to the existing vehicular access, albeit no turning provision.
2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of replacement dwelling with associated landscaping and parking. - 2.2 The proposed replacement dwelling is not the normal two storey farmhouse, but more of a Manx cottage styled property which has ground floor accommodation with additional accommodation within the roof space, with two flush dormers providing light and outlook. The dwelling includes traditional features, including gable end chimneys, sliding sash windows, painted render, natural slate roof and traditional proportions/forms. The dwelling is not sited on the existing footprint and is re-sited 6m+ from the existing front elevation (south) and
3.0 PLANNING HISTORY - 3.1 There are no previous applications which are considered relevant in the determination of this application.
4.0 PLANNING POLICY - 4.1 In terms of land use designation the application site is not designated for any site specific purpose under the 1982 Development Plan Order, with the entire site being within a wider area of land that classified as being of high landscape value and scenic significance. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two 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:
4.4 Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
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."
4.6 Planning Circular 3/91 - Guide to the design of residential Development in the Countryside.
5.0 REPRESENTATIONS - 5.1 The Garff Commissioners (08.10.2019) "It was noted that these proposals were compliant with Housing Policy with the exception that the footprint would be re-located to a more central location in the curtilage. The walls of the current cottage had historically defined the direction of the road and the character of the area. It was noted that the application proposed to retain a portion of the dwelling wall along the road boundary. It was suggested this be controlled by a condition demonstrating how part of the current dwellings wall would be retained. It was agreed that the Commissioners would not object to the proposal if such a condition were included in an approval." - 5.2 Highway Services make the following comments (11.10.2019); "The proposals are a direct replacement of the existing dwelling with improved access arrangements and off street parking for at least two vehicles. As a result, the proposals are considered acceptable subject to the following condition:
"Prior to the development becoming occupied the visibility splay to the north west as shown on drawing SC1560 P/10-01 REV A shall be provided and maintained throughout the life of the development.
Reason - In order to preserve adequate visibility for drivers emerging out of the access onto Rhenab Road.
Recommendation: DNOC."
5.3 The Ecosystem Policy Officer comments (24.09.2019): "I request that a bat survey of the building to be demolished and the trees on site is undertaken by a licenced bat ecologist and a report detailing the findings and any mitigation requirements is submitted to the Planning Directorate prior to determination of this application.
The property is a traditional Manx stone cottage with a traditional stone outbuilding both of which look suitable for roosting bats. The buildings are also located in an area with habitat features that increase the likelihood for the presence of bats including tall hedgerows and trees and a river corridor to the east.
Bats are listed on Schedule 5 of the Wildlife Act 1990. It is an offence to intentionally or recklessly kill, injure or take, or to damage or destroy, or obstruct access to, any structure or place bats use for shelter or protection, or to disturb bats while they occupy a structure or place which they use for that purpose."
5.4 The owner/occupier of Glebe Cottage, Maughold comments which are summarised as (27.09.2019); the present dwelling is almost totally hidden from view as regards the public highway and the replacement seems to be so similar, it is hard to object; and I would have thought it would be better to move it somewhat further from the traffic, but very is very little traffic over Rhenab as the road is bad.
6.0 ASSESSMENT - 6.1 The main material planning considerations are: (a) principle of the demotion of the dwelling; (b) visual impact of the proposed development; and (c) Other matters PRINCIPLE OF THE DEMOTION OF THE DWELLING / POTENTIAL REGISTRATION - 6.2 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. The existing dwelling is still in place and in recent use; therefore retains its full habitable status and therefore also accords with paragraph (a) of Housing Policy 12 from this respect. - 6.3 The applicants' explanation of why they wish to replace the dwelling is considered reasonable. The dwelling appears to have also been altered in the past, with the potential removal of the first floor central window, result in its currently appearance, which is more unusual. The front porch again a latter additional, which does not add to the appearance of the property. Overall the dwelling in its currently form/condition appears 'tired'. The applicants are also proposing that the new dwelling proposes energy efficiency by: grater level of insulation, use of high thermally efficient shell & low maintenance products, air tightness following the Passive House Principles, solar gain and consideration of passive cooling. - 6.4 Overall, given the dwellings current position adjoining the public highway and the associated issues that are currently occurring with damp and water ingress; coupled with the fact that the existing dwelling in terms of appearance does not significantly add to the quality of historical building stock of dwellings within the countryside nor does the existing dwelling have any particular interest to warrant its retention, it is considered the principle of its demolition is acceptable. VISUAL IMPACT OF THE PROPOSED DEVELOPMENT - 6.5 As can be seen, Housing Policy 14 raises a number of issues that need to be taken into account. The first relates to the replacement dwelling's siting. The proposal does not comply with this section of the policy; albeit its new siting does not raise a concern and does partially sit on the existing footprint of the existing detached outbuilding, which is proposed to be demolished also. The dwelling's existing residential curtilage remains as it is currently and the new siting does not require its expansion. The new position and the associate benefits from moving it away from the adjoining highway, both from an amenity/construction point of view and also from a highway safety point of view, given the potential for greater visibility around the corner can be achieved are all benefits. - 6.6 The second aspect of HP14 to consider relates to the size of the new dwelling. This proposal would equate to a 1% increase (proposed floor area 81sqm & existing floor area 79sqm). Therefore this aspect is complies with the policy. - 6.7 The dwelling is slightly taller, being approximately 1m to 1.5m taller. However, if taken into account the removal of the existing attached Manx stone outbuilding (26sqm) and the
6.9 Comments from the Ecosystem Policy Officer are noted and a condition which requires a bat survey being undertaken prior to the trees being removed should be attached to any approval. The applicants have confirmed they have no objection to this consideration, and in fact have already contacted Manx Bat Group to undertake the survey. As the dwelling could be demolished without the need for planning approval, it is not considered relevant to require the bat survey prior to the removal of the dwelling as such a condition would be difficult to enforce. - 6.10 Advice was sought from the Arboricultural Officer (DEFA) as it was noted that a small section of the new dwelling was within the canopy of three large trees on the eastern boundary of the site. The Arboricultural Officer commented:
"You are correct that there is very likely to be construction activity within the RPAs of trees on the eastern boundary. The two trees most likely to effected, however, are ash trees which are showing signs of ash dieback i.e. they're likely to dieback regardless of the construction.
The tree removal that is proposed is not an issue. I therefore have no objection to this application."
6.11 Comments from the Commissioners are also noted, whose main issue relates to the; "…walls of the current cottage had historically defined the direction of the road and the character of the area" and that "…It was noted that the application proposed to retain a portion of the dwelling wall along the road-boundary. It was suggested this be controlled by a condition demonstrating how part of the current dwellings wall would be retained.". This point is agreed with and a condition should be attached to any approval which demonstrates how the boundary treatment along the northern and western boundaries are going to be treated and should also include the retention/or reuse of stone of the existing dwelling/Manx stone outbuilding.
7.1 Overall, it is considered the proposal would comply with the relevant planning policies of the IOM Strategic Plan 2016 for the reasons outlined within this report and therefore it is recommended that the application be approved.
8.0 PARTY 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:
8.2 The decision maker must determine:
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: 25.11.2019
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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