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Application No.: 19/00386/B Applicant: Mr & Mrs Derek Coombes Proposal: Alterations and erection of extension to reinstate existing cottage with ancillary shed, detached garage and creation of driveway and vehicular access Site Address: Ayre View Smeale Road Smeale Ramsey Isle Of Man Principal Planner: Mr Chris Balmer Photo Taken: 14.05.2019 Site Visit: 14.05.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 19.08.2019 _________________________________________________________________
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.
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.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
N 1. The applicant is advised that there is potential for the lizards and/or bats on the site and if found during the construction of the proposal they should contact a member of the Ecosystem Policy team(DEFA) in order to put protection or mitigation measures in place. Lizards and bats are both listed on Schedule 5 of the Wildlife Act. It is an offence under the Wildlife Act 1990 to intentional or recklessly kill, injure or take species listed on Schedule 5 or to damage their places of shelter.
This approval relates to the submitted documents and drawings reference numbers 1710H 01, 18 1320 0, 18 1320 1, 18 and 18 1320 2 all date stamped as received on 1st April 2019, and 18 1320 3 REV A and 1320 4 REV A date stamped 15th July 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):
Ballakinnag, Ballakinnag Road, Smeale 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.
Manx Wildlife Trust 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; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE APPLICATION SITE - 1.1 The application site is Ayre View (tholtan noted on plans dated back to 1865), Smeale Road, Smeale which is located to the western side of Smeale Road. Within the site is a single storey traditional cottage which is in a state if dis-repair. It is not currently habitable. The building is of traditional laid Manx stone/beach stone painted with a whitewash, with slate roof with a central doorway with single windows either side. The existing four walls are present as are the original two gable end chimney stacks. - 1.2 Pedestrian access of the site can be achieved directly from the Smeale Road via an existing pathway (overgrown).
2.1 Full planning approval is sought for the alterations and erection of extension to reinstate existing cottage with ancillary shed, detached garage and creation of driveway and vehicular access. The main works involve:
3.0 PLANNING HISTORY - 3.1 The site has been the subject of a number of previous planning applications which are considered of material relevance to the determination of the current application; - 3.2 Approval in principle to erect a wardens office to replace derelict cottage - 01/00419/A APPROVED - 3.3 Alterations and extensions to form additional living accommodation and porch 85/00914/B - REFUSED
4.0 PLANNING POLICY - 4.1 The application site is designated under the IOM Development Plan Order 1982 as an area of High Landscape or Coastal Value and Scenic Significance therefore not designated for development. The site is not within a Conservation Area but is within an area of Nature Conservation Zone, Nature Reserve & Sites of Ecological Importance for Conservation. - 4.2 The following policies are taken from the IOM Strategic Plan 2016 and are relevant for consideration: - 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:
4.5 Environment Policy 4 states: "Development will not be permitted which would adversely affect:
Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."
4.6 Housing Policy 13 states: "In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost. Where:
This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement buildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space(3) measured externally, the extension measures less than 50% of that of the original)."
4.7 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."
4.8 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7."
5.0 REPRESENTATIONS AND CONSULTATIONS - 5.1 Highway Services initial comments raised concerns (02.05.2019 & 15.08.2019); however following amended plans being submitted and additional information on the ownership of the grass verge along the roadside, Highway Services make the following comments (19.08.2019):
"Following the previous highway response dated 15/08/19 additional information has come to light.
The land between the red line application boundary and the adopted carriageway, currently grass verge, is shown as unadopted highway. However, it has subsequently been brought to our attention that the verge is classed as adopted and therefor the applicant could provide and maintain the visibility splays on this land as shown on the revised site plan.
As stated in the previous response the 2013 speed survey is too far away to be directly representative of speeds at the site, and the 2.4m x 60m visibility splay to the north is below the visibility standard of 2.4m x 70m in the 'Design Manual of Roads and Bridges' design guide for 30mph traffic. However, due to the location and nature of the road it is not considered that this deficit is sufficient to warrant a highway objection to this application, albeit the situation is not ideal. Summary Highway Services does not oppose the application.
A S109A Highway Agreement would be needed to legally create the new vehicular access onto the adopted highway. It should be noted that due to the visibility of the proposed access being below visibility standards it cannot be guaranteed that Highway Services will enter into a highway agreement, and the applicant will need to discuss this with Highway Services if planning permission is granted.
Recommendation: DNO"
5.2 Andreas Parish Commissioners raise no objection (26.04.2019 & 10.08.2019). - 5.3 Manx Utilities initially sought a deferral (02.05.2019) and then confirmed they had no comments to make (12.07.2019). - 5.4 Ecosystem Policy Officer (DEFA made the following comments (25.04.2019): "We are glad to see that one of the primary objectives of the project is to support and encourage local flora and fauna diversity within the property's curtilage and agree with all the suggested environmental measures as listed within the supporting documentation.
DEFA cleared the site prior to the current owners purchase. Since then the vegetation has been maintained very short where the extension and garage are to be located therefore we assess the risk to lizards as low. Though a bat survey has been undertaken on the property there has been no survey on the trees to be removed but we consider the risk to roosting bats in these sycamore trees as low.
I do however request that the applicants remain vigilant and if lizards or bats are found then work should stop immediately and a member of the Ecosystem Policy team should be contacted in order to put protection or mitigation measures in place.
Lizards and bats are both listed on Schedule 5 of the Wildlife Act. It is an offence under the Wildlife Act 1990 to intentional or recklessly kill, injure or take species listed on Schedule 5 or to damage their places of shelter.
I also request that the working area for the development is limited to as small an area as possible and if materials are required to be stored on site during construction they should be stored on the short grassland to limit disturbance and damage to the wider site."
5.5 Manx Wildlife Trust welcomes the proposal to appropriately manage and design the development with the local wildlife in mind but to highlight some issues and questions (12.04.2019) which are summarised as: "can bird survey results be included; bat report is included but does not indicate if trees where assessed for bats or if further survey works are needed; no detail on risk for other flora and fauna (common lizard id likely to be a high risk in this location; what impact will there be from the proposal? - 5.6 The owner/occupier of Ballakinnag, Ballakinnag Road, Smeale whilst they have no objection to a sensitive reinstatement of the cottage they raise the following concerns which are summarises as (02.05.2019); question needed for detached garage; there is a watercourse within 9m of the property and not indicated on application form; the ditch which runs along frontage is silted up and flattened out in areas due to lack of maintenance for years and cause water to spill over the verge onto the road; if the applicants build over this watercourse it could cause the ditch to back up and spill onto the road higher up and potentially damage verges and the road surface, notwithstanding the damage it could to the applicants driveway and access. - 5.7 In response to the questions/comments raise by various parties; the applicant made the following response:
6.0 ASSESSMENT - 6.1 The starting point for a proposal to convert an existing building in the countryside to a dwelling would be Housing Policy 13. There are a number of criteria indicated within this policy, with which any proposed development must comply. - 6.2 The first is whether the existing original abandoned dwelling is substantially intact, having at least three of the walls, standing up to eaves level and structurally capable of being retained. In this respect the property has all four walls up to eaves level. However, the application includes a structural survey prepared by a qualified person in this field who comments that the
6.8 The rear extension will only partially be apparent from public views; given it design, siting to the rear; topography of the surrounding landscape and the amount of landscaping along the roadside and in the area surrounding area. There will be sections of the northern and southern elevation of the upper sections of the extension that may be apparent from public views; especially if the roadside landscaping was removed (not currently proposed, but a landscaping conditions should be attached to retain it). However, again the low roof pitch of the extension; the fact such views would be of isolated aspects and not the extension as a whole; and its design, would likely ensure the extension would not become the dominating feature, but subordinate to the original cottage. - 6.9 The more contemporary design may not be to everyone's taste; however, in this case it is considered the sustainable aspects of the proposal (solar gain etc) and the fact there is a clear distinction between old and new, while not becoming a dominating feature from public views is therefore considered to be acceptable form of development. - 6.10 In relation to the issue of the front ditch/watercourse, the comments of the applicants are noted and those of Manx Utilities who have considered the application in detail and raise no objections. If an issue where to occur, it would likely be in the applicants own interest to resolve any issue. However, given the lack of objection from Manx Utilities and as this application would not increase the potential issues of flooding of the local road (issues potentially outside applicants' control) it is not considered the application could be refused on this basis. Further, from comments received, a major issue seems to be the lack of maintenance of the ditches in the area and frontage of site etc. It is not considered unreadable to conclude that with person/s living at the site that maintenance is more likely to be undertaken in the future, compared to an empty site as has been the case for a number of decades.
7.0 CONCLUSION - 7.1 The application is recommended for an approval.
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:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
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:…09.09.2019
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
Application No. : 19/00386/B Applicant : Mr & Mrs Derek Coombes Proposal : Alterations and erection of extension to reinstate existing cottage with ancillary shed, detached garage and creation of driveway and vehicular access Site Address : Ayre View Smeale Road Smeale Ramsey Isle Of Man Principal Planner : Mr Chris Balmer Presenting Officer As above Addendum to the Officer’s Report Planning Committee - 9th September 2019
The Committee considered and accepted the officers recommendation to approve the application, but subject to Conditions 8 & 10 being altered to include the works "(excluding any groundwork's)" after the "No development should take place".
C 8. No development shall take place (excluding any groundwork's) 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 details of new planting (including tree planting) showing, type, size and position of each and other planting which are to be retained (the front roadside vegetation should be retained as much as possible). 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 die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 10. No development shall commence (excluding any groundwork's) until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Reason: In the interests of the character and appearance of the site and surrounding area.
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