DEC Officer Report

Application No.: 19/01039/B Applicant: Mr Alex And Mrs Deana Burnett Proposal: Erection of dwelling (forming amendments to approved application 09/01334/B) to include swimming pool, roof terrace and associated works. Site Address: Proposed Dwelling At Barroose Farm Barroose House Barroose Road Baldrine Isle Of Man Planning Officer: Mr Nick Salt Photo Taken: 16.10.2019 Site Visit: 16.10.2019 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 22.10.2019 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The overall size, massing and prominence of the proposed dwelling in relation to its countryside setting - particularly in regard to the swimming pool annex - would result in unacceptable visual and environmental detriment to the surrounding area, and would not accord with Environment Policy 1 which requires the protection of the countryside for its own sake. - R 2. The proposal does not adequately demonstrate how it would achieve the levels of environmentally sustainable design as was a reason for previous approval of a dwelling on this site. No details have been provided of proposed renewable energy provisions as per the previously approved planning applications, or how the current expanded proposal would meet the levels of landscaping and wider site design previously considered acceptable. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site comprises of area of land, measuring approximately 0.96 of a hectare in area, that is understood to be a former quarry located adjacent to Barroose Farm, Lonan.

1.2 The site is elevated in comparison with the surrounding farmland, and sits around 500 metres to the west of the Highfield Drive area of Baldrine. The site previously contained farm buildings, and sits in between the residential curtilage of two existing dwellings. As it has been previously used for the extraction of materials as a quarry, there are some steep banks to the north and southwest part of the site.

2.0 THE PROPOSAL - 2.1 The proposed development is the erection of a residential dwelling on the site, comprising amendments and additions to the dwelling previously approved (09/01334/B). The applicant has stated that works on the previously approved dwelling have been commenced. - 2.2 The original dwelling as per 09/01334/B featured a contemporary design, set in to the excavated area of ground on the site. The main dwelling would, as previously approved, have a large dome type glazed centre section with two storey wings on either side, featuring a flat garden roof and a mix of stone and render finishes along with large areas of patio doors and curtain walling on the front elevation. - 2.3 In addition to the main dwelling, a pool room is proposed to the north (rear), accessed via a link. The main part of the dwelling is approximately 31 metres long and between 7 and 13 metres wide. The pool room area with changing room facilities and a roof terrace would be 23.5m long and 9 metres wide. Timber cladding and render would be used for the finishes on this part of the building. Most of the pool room facility would be set in to the ground in a similar fashion to the main dwelling, with the exception of the 'wave' shaped access area to the roof garden which would sit 3 metres above the main roof and above ground level.

- 3.0 PLANNING POLICY

3.1 The site lies within an area of Open Space/Agricultural Use as per the Laxey and Lonan Local Plan 2005. - 3.2 The following policies of the Isle of Man Strategic Plan 2016 relate to matters of principle of development and are considered relevant in the assessment of this planning application:

• 3.2.1 Strategic Policy 1: "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."

• 3.2.2 Strategic Policy 2: "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."
• 3.2.3 Strategic Policy 5: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."
• 3.2.4 Spatial Policy: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."

• 3.2.5 General Policy 3: "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."

3.3 The following Strategic Plan policies relate to the environment are considered relevant due to the rural location of the application site.

• 3.3.1 Environment Policy 1: "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 overriding 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."

• 3.3.2 Environment Policy 28: "Development which would be at risk from ground instability or which would increase the risk from ground instability elsewhere will not be permitted unless appropriate precautions have been taken."

3.4 The policy below relates to the proposed residential use of the development.

3.4.1 Housing Policy 4: "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."

3.5 In relation to transport, Transport Policy 7 is relevant: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." - 3.6 If any further expansion of the former quarry use is required, Minerals Policy 1 is relevant:

"Development involving the winning and working of minerals will be permitted only where it is demonstrated that there is a need for the minerals which cannot be met through the provision of secondary aggregates. Applicants will be required to demonstrate also that;

• (a) there would be no unacceptable adverse effect on local residents in terms of visual amenity, dust, noise, or vibration as a result of the on site operation itself (including development, maintenance and restoration) or the traffic generated thereby;
• (b) there would be no unacceptable adverse effect on:

• i. landscapes and geology/geomorphology features of special interest or attraction;
• ii. Ancient Monuments or their settings;
• iii. Registered Buildings or their settings;
• iv. the character and appearance of a Conservation Areas;
• v. sites of archaeological interest;
• vi. sites containing species or habitats of international, national and local importance;
• vii. land drainage and water resources; and
• viii. designated National Heritage Areas;

• (c) the proposal is acceptable in terms of access arrangements and highway safety;
• (d) working will be in accordance with a phased scheme of restoration and landscaping; and that
• (e) the proposal does not sterilize other significant mineral deposits. Exceptionally, national need for a particular mineral may warrant setting aside one or more of these constraints."

3.7 Within the Local Plan, the following policies are relevant:

• 3.7.1 L/OSNC/PR/1 - Development Areas of Open Space "There will be a general presumption against development in areas designated as open space or open space for particular purposes."

3.8 Planning Circular 3/91 'Guide to the Design of Residential Development in the Countryside', is generally applicable to ne rural dwelling proposals. Whilst much relates to the development of traditionally styled dwellings, the following policy contained therein is considered relevant to this contemporary proposal.

• 3.8.1 Policy 2: "New buildings are to be integrated with the landscape and where in groups, with each other. Single buildings in prominent locations can only be considered if they are satisfactory in all respects and include landscape proposals."

4.0 PLANNING HISTORY - 4.1 The application site has been the subject of three previous planning applications that are considered specifically material to the assessment of this current planning application: - 4.2 Planning application 05/01603/B sought approval in principle for the erection of a two storey detached dwelling to replace existing redundant agricultural storage sheds. This previous planning application was initially refused, with the initial refusal decision notice issued on the 17th October 2005. The refusal was confirmed by the Planning Committee at review, with the review refusal decision notice issued on the 9th December 2005. A subsequent appeal against the refusal was upheld by the Minister, contrary to the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 13th June 2006. The approval in principle was granted by the Minister on the grounds that:

• a) the agricultural buildings contained within the site are extensive and of generally poor quality that make a negative visual impact on the immediate environment and landscape;
• b) the nature of the site, being an old quarry, is not readily usable for agriculture and is also generally capable of accommodating a screened development;
• c) the site represents an opportunity to build a low-impact eco-friendly dwelling that would be supported by the Isle of Man Strategic Plan 2007; and

• d) the site is adjacent to two existing dwellings so can be readily supplied with normal services

4.3 Planning application 07/00888/B sought approval for the erection of a dwelling with associated wind turbine, solar panels and landscaping. This previous planning application was considered and approved on the 1st October 2007. - 4.4 09/01334/B consisted of amendments to 07/00888/B and was also approved on 15th October 2009. - 4.5 On a site visit on 16th October 2019, the case officer noted that some ground levelling works had been undertaken but that there had been no part of the previously approved structure built as of yet. Building Control noted on 22nd October 2019 that works has commenced on the site. However, the main structure of the originally approved building has not been errected. For that reason, the assessment below will look at the proposal as a whole including the wider site and main dwelling, along with the additional elements proposed as an extension to a currently non-existent property cannot be assessed correctly on its own.

- 5.0 REPRESENTATIONS

5.1 Comments were received from DEFA Environment, Energy and Ecosystems Policy team concerning the potential for further excavation from the former quarry and potential resulting impacts (17.10.19). The applicant was consulted regarding this and confirmed that, "the relative ground levels of the proposed pool extension in relation to the original property and the existing site levels are such that further extraction of stone will not be required in order to execute the project. All bulk excavation and stone extraction for the original house was carried out a number of years ago by the previous owner, and the new pool proposal will only require excavation for the foundations in line with normal building practice." (17.10.19). - 5.2 DoI Highway Services have confirmed that they have no highways interest in the application (03.10.19). - 5.3 Garff Commissioners note the previous approval on the site. They state, "The Board Resolved to defer a decision to the Planning Committee on how to interpret Planning Policy against this application." (20.10.19).

- 6.0 ASSESSMENT

• 6.0.1 The following are the key considerations in the assessment of this planning application:

• 1. The principle of the development proposed;
• 2. The visual impact on the surrounding area and the countryside;
• 3. Access and parking on the site;
• 4. Impact on neighbouring properties;
• 5. Environmental matters.
• 6.1 The principle of the development proposed

• 6.1.1 Generally, there is a presumption against new dwellings in the countryside unless they are acceptable conversions of existing rural buildings, the replacement of an existing dwelling, or can be justified on the basis of agricultural need. These requirements are outlined in the policies in section 3.2 of this report. Furthermore, with the site lying within an area of open space as per the Local Plan, the local policy L/OSNC/PR/1 as outlined above also carries a presumption against such development.

• 6.1.2 In terms of land use and policy therefore, the proposed dwelling would be unacceptable in principle in planning policy terms. There was however an exception made to this presumption via the previously approved planning applications - particularly the original

approved 07/00888/B. 05/01603/A granted approval in principle for a two storey detached dwelling to replace existing agricultural sheds - this was approved by the Minister on specific grounds:

• a) the agricultural buildings contained within the site are extensive and of generally poor quality that make a negative visual impact on the immediate environment and landscape;
• b) the nature of the site, being an old quarry, is not readily usable for agriculture and is also generally capable of accommodating a screened development;
• c) the site represents an opportunity to build a low-impact eco-friendly dwelling that would be supported by the Isle of Man Strategic Plan 2007; and
• d) the site is adjacent to two existing dwellings so can be readily supplied with normal services

The specific situation of the previously excavated site, the eco-friendly nature of the proposal and the removal of the agricultural buildings, as well as the proximity to two existing dwellings, were all cited as reasons for an exception to planning policy.

• 6.1.3 Following on from this, the report for 07/00888/B which formed the basis for the current proposal, was considered acceptable in principle as noted by the case officer's report:

"On the basis that the relevant planning policy is not site specific and that the extant planning approval is, it is concluded that the extant planning approval outweighs the planning policy. Although this current planning application is not the reserved matters for the approval in principle (for reasons explained later in this report) it stands that there is approval in principle for the erection of a dwelling on the application site. The principle of residential development of the application site is established and is therefore acceptable. It remains necessary to assess the specific detail of the proposed dwelling."

It is therefore considered that, as the site remains as a former quarry, as agricultural buildings have been removed in the immediate vicinity and as the general approach of planning policies applied to the previous assessment remain in effect presently, the principle of a dwelling on this site is acceptable as an exception to policy based on the points in 6.1.2 of this report.

6.2 The visual impact on the surrounding area and the countryside

• 6.2.1 In order to assess the impact on the wider countryside, the relative size and mass of the proposal, as well as its design must be taken into account. Generally, the use of glazing and a mix of render and brick for the finish on the dwelling has been accepted in previous applications, and whilst the most recent of these was approximately 10 years ago, the general design principles of the building are still considered to be contemporary and unique. The siting of the main part of the dwelling set in to the previously excavated area of land has been deemed acceptable in the past, and is considered to be acceptable as this would limit its visual impact from the surrounding area, particularly to the north of the site.

• 6.2.2 The application differs from previous with the addition of a large swimming pool room and associated rooms in what would effectively constitute a new, mainly single storey building behind the main part of the dwelling, with a roof height between that of the ground and first floors of the main dwelling. In addition, there would be a taller roof access porch which would project above the main part of the roof on the dwelling by 3 metres. The pool room would significantly increase the overall footprint and mass of the dwelling, extending it further to the rear and side (north), and stretching out the overall length of the building to around 47 metres from the southern corner to the northern corner. The visual impact of the dwelling would therefore be increased when viewed from the south and also from the north as the roof access porch would protrude above the ground level at the rear, where the rest of the building would sit below it owing to the unique site composition.

• 6.2.3 It is considered that the expansion of the site relative to the previously approved scheme would constitute an unacceptable level of massing and visual impact on the countryside and that the proposal would not be in accordance with Environment Policy 1 in this respect.

6.3 Access and Parking

6.3.1 It is considered that the access and parking arrangements would be largely unchanged from the previously approved schemes. Parking for 2 cars is required on the site as per the current Strategic Plan parking standards (for typical residential dwelling). This proposal, due to its larger footprint and capacity, would likely require in excess of these two spaces. It is considered that in excess of 4 or 5 cars could be parked on the site which should be ample capacity for residential use.

• 6.3.2 In terms of access arrangements, the access point is in place and would remain in the current scheme, linking to the private Barroose Road which itself links to further narrow country roads. Whilst these roads are not ideal, this is not a matter within the applicant's control and it is considered that the site could accommodate safe entry and egress with no unacceptable risk to highway safety.

6.4 Impact on neighbouring properties

• 6.4.1 The proposal site sits between an existing dwelling to the east and a dwelling to the south. Both of these dwellings appear to have been in situ for some time, the primary concern with regard to impact on the residential amenity of these properties is privacy, and whether the prevalence of glazed elevations and terraces on the proposed dwelling would result in unacceptable levels of overlooking onto or into the neighbouring dwellings.

• 6.4.2 The building would be well in excess of 20 metres from the closest elevation of either the property to the east, or Barroose Farm dwelling to the south. Whilst the levels and terraced areas would sit much higher than Barroose Farm, the respective distances and topography, as well as the openness of the site would not result in unacceptable overlooking to the rear of that property, whose principal rooms look out towards the south in a similar fashion to the proposed dwelling. The level difference would be reversed in regard to the property to the east, as it sits higher at ground level than the proposed building. This, coupled with the distances between, is likely to limit any unacceptable overlooking risk. In respect of neighbour amenity impact, the proposed dwelling is considered acceptable.
• 6.5 Environmental Matters

6.5.1 Environment Policy 1 has been referenced elsewhere in this assessment (6.2.3) as it requires the general protection of the countryside for its own sake. In regard to visual impact and the size of the proposal, this is considered to be a reason for refusal - as outlined above. In terms of the physical impact on the land itself, works have been undertaken previously in regard to the excavation of minerals from the site - acting as a quarry. These works have been done and are not considered part of this application, the applicant's agent has confirmed, in relation to concerns raised by DEFA's Environment team that no further excavation of the site is required other than normal levels for the laying of foundations. Given the evident level of ground clearance already undertaken, the response from the applicant and the case officer's site visit when compared to the proposal plans, it is considered that further works to construct the dwelling would not constitute 'mining' or works which would result in unacceptable land instability or harm to the environment in this respect.

• 6.5.2 It is considered relevant that one of the primary reasons for the allowance of the construction of a dwelling on this site contrary to planning policy was that the dwelling proposed demonstrated an eco-friendly design which was sympathetic to the surrounding

countryside and which incorporated renewable energy sources such as solar and wind. These aspects were included in the previous planning applications but have not been included here. In addition, no landscaping plan for this proposal has been put forward, which may help to mitigate the impact of the site on the environment through the use of planting. It is not demonstrated how the proposed pool annex would be energy efficient insomuch as to be considered an 'eco-friendly house'. In this respect, the proposal does not reflect one of the primary reasons for the previous acceptance of a dwelling on this site, contrary to Environment Policy 1 and to general approaches towards sustainable design as supported by the Isle of Man Government.

- 7.0 CONCLUSION

7.1 In summary, whilst the broad principle of a dwelling on this site is considered acceptable based on the planning history for the site and specific reasons for an exception to planning policy, the visual impact of this recent proposal and its wider impact on the environment and lack of information in terms of renewable energy supply, as well as planting and landscaping result in a proposal which is contrary to Environment Policy 1 and which is considered unacceptable as a result. The application is therefore recommended for refusal. - 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:

• (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) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

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 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 : Refused Date: 24.10.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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