7 August 2024 · Committee
Shen Valley House, Ballnahowe, Port Erin, Isle Of Man, IM9 6jf
The proposal involves demolishing the existing building at Shenvalley House, Ballnahowe, Port Erin, and constructing a new dwelling and garage with associated landscaping. The site sits within the Cregneash Head and Meayll Peninsula Character Area, a sensitive rural landscape where policy strongly discourages additional built development to protect open character, dramatic coastal views, and the undeveloped backdrop to Port Erin, Port St Mary, and Cregneash. The scheme is effectively a renewal of a permission first granted in 2014 and subsequently extended in 2018, with the residential curtilage reduced to around 0.3 acres and the replacement dwelling positioned approximately 2 metres further to the north west than the existing building. Highway Services raised no significant concerns, finding the rural access acceptable subject to parking and turning areas being completed before first occupation. The Planning Committee approved the application, with eight conditions attached including restrictions on permitted development rights and a requirement for bat and bird mitigation measures.
The committee approved the application because it is not materially different from the scheme permitted in 2014 and renewed in 2018, and there have been no changes in policy or circumstance since then that would justify refusing it. The proposal was found to accord with relevant housing, environment, and transport policies.
Environment Policy 1
The application accords with the provisions of Policies GP3 c) and d), ENV1, ENV22, H11, H12, H14, T4 and T7 and is supported.
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 over-riding national need in land use planning terms which o utweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. 7.6 Landscape Assessment and Classification 7.6.1 The present system of landscape classification remains relevant and important. However, a review of the current landscape classification system is underway in the form of an Island wide landscape and coastal quality assessment. This will identify different categories of landscape and coastal importance in order for development to be managed effectively in these areas and appropriate protection policies to be formulated. This exercise will investigate the appropriateness of designating a 'coastal planning zone' which would extend both seaward and landward of the coastline depending on the ext ent of the mean low water mark in the case of the former and the extent of direct maritime -influenced and coast - related activities in the case of the latter. The landscape assessment will also include management guidelines with respect to development not only in the designated areas but in the wider countryside as well.
Environment Policy 22
The application accords with the provisions of Policies GP3 c) and d), ENV1, ENV22, H11, H12, H14, T4 and T7 and is supported.
Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
Housing Policy 11
Housing Policy 11: Conversion of existing rural buildings into dwellings may be permitted, but only where: (a) redundancy for the original use can be established; (b) the building is substantially intact and structurally capable of renovation; (c) the building is of architectural, historic, or social interest; (d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building; (e) residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; and (f) the building is or can be provided with satisfactory services without unreasonable public expenditure. Such conversion must: (a) where practicable and desirable, re -establish the original appearance of the building; and (b) use the same materials as those in the existing building. Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form. Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character. 8.10.3 Permission will be given in certain circumstances for the re-establishment of residential use where there is an abandoned dwelling, since such dwellings can sometimes have a negative impact, usually arising from the sense of dereliction and dilapidation. See Housing Policy 13 below. 8.11 Replacement Dwellings in the Countryside 8.11.1 There are in our countryside many existing dwellings, some of which contribute positively to its appearance and character, and some of which do not. A number of dwellings have been abandoned for many years; their physical remains being a reflection of agricultural and social change across the Island. They form features in the rural landscape which are often not unacceptable in their present state. It is appropriate to encourage change which would result in overall environment improvement, and to discourage change which would not. Where the building(s) concerned are of architectural merit or of local, historical or social interest demolition and replacement will be discouraged.
Housing Policy 12
Housing Policy 12: The replacement of an existing dwelling in the countryside will generally be permitted unless: (a) the existing building has lost its residential use by abandonment; or (b) the existing dwelling is of architectural or historic interest and is capable of renovation. In assessing whether a property has lost its habitable status (1) by abandonment, regard will be had to the following criteria: (i) the structural condition of the building; (ii) the period of non-residential use(2) or non-use in excess of ten years; (iii) evidence of intervening use; and (iv) evidence of intention, or otherwise, to abandon.
Housing Policy 14
Housing Policy 14: 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 buildi ng should therefore generally be sited on the "footprint" of the existing, and should have a floor area (1), 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 27 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for bui ldings 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. 8.11.3 It is unlikely that permission will be given for permanent replacement of dwellings which were never intended to have a permanent residential use, such as chalets and other structures built of materials for only temporary or seasonal use. 8.12 Extensions to Residential Property 8.12.1 Extensions to Dwellings in built up areas or sites designated for residential use As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a gener al presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general. (3) Floor Space is defined in Appendix 1 (1) Floor Area is defined in Appendix 1 8.12.2 Extensions to properties in the countryside As there is a general p olicy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside. Care therefore, must be taken to control the size and form of extensions to property in the countryside. In the case of traditional properties, the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be ac ceptable where these destroy the existing character of the property. In the case of non -traditional properties, where these are of poor or unsympathetic appearance, extensions which would increase the impact of the property will generally not be acceptable . It may be preferable to consider the redevelopment of non -traditional dwellings or properties of poor form with buildings of a more traditional style and in these cases, the Department may consider an increase in size of the replacement property over and above the size of the building to be replaced, where improvements to the appearance of the property would justify this.
Transport Policy 4
The application accords with the provisions of Policies GP3 c) and d), ENV1, ENV22, H11, H12, H14, T4 and T7 and is supported.
Parishes which are examined in more detail later in the document. A key factor in the formulation of the Spatial Vision has been consideration of the findin gs of the Landscape Character Assessment4; an Island-wide Study undertaken in 2008.
Transport Policy 7
The application accords with the provisions of Policies GP3 c) and d), ENV1, ENV22, H11, H12, H14, T4 and T7 and is supported.
Condition 1
- 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
- 2. Prior to the commencement of the development on site including any works of demolition, hereby approved, a schedule of materials including finishes for the external walls and roofs, external door and window frames; external doors and windows; and, guttering and rainwater goods; shall be submitted to and approved in writing by DEFA Planning. Thereafter, the development shall be carried out in accordance with the approved details, with the approved finishes and materials being retained and maintained for the lifetime of the development.
Condition 3
- 3. 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.
Condition 4
- 4. Prior to the commencement of any works on site, the applicant must have approved by the Department a scheme for the improvement and restoration of the land to the north west and south east of the proposed dwelling, removing all unauthorised tipped material and stored artefacts. Such works must be implemented prior to the occupation of the approved dwelling. Reason: In the interests of public amenity as viewed from the public footpath.
Condition 5
- 5. Prior to the commencement of the development hereby approved, details of a landscape shall be submitted to and approved in writing by the Department. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Thereafter, all soft and hard landscape works shall be permanently retained in accordance with the approved details.
Condition 6
- 6. The dwelling shall not be first occupied until the following details shown on the approved drawings and submitted documentation have been installed: - o Provision of solar panels to dwelling roof; - o Provision of air source heat pump; - o Provision for electric vehicle charging point; - o Provision for secure storage of 2 bicycles, within the proposed garage. Thereafter, the dwelling shall be occupied in accordance with these approved details for the lifetime of the development.
Condition 7
- 7. Lighting There shall be no external lighting at the site unless full lighting plan details have been first submitted to and approved in writing by the Department, such details shall include position of lights, level of illumination and cowl details. Any external lighting shall then only be installed in full accordance with the approved lighting plan.
Condition 8
- 8. Bat and bird accommodation No works above damp proof course shall take place until a bat and bird mitigation plan has been submitted in writing to the Department for approval. The plan should contain details of bat and bird bricks to be built into the new property. Bird bricks should be located high up on north east to northwest facing elevations. Bat bricks should be located high up on a variety of elevations, though some should face south. Both bird and bat bricks should not be located above windows or doors. This approved plan shall be fully adhered to and the dwelling shall have its measures completed prior to occupation. The approved mitigation measures shall be retained thereafter.
Variation of condition 1 of PA 14/01094/B for the demolition of existing building and erection of a detached dwelling and garage, to extend the period of permission for a further 4 years
demolition of existing building and erection of a detached dwelling and garage
demolition of existing building and construction of new detached dwelling with detached garage
erection of a replacement dwelling
alterations and two storey extension
renovation and conversion of farm building to dwelling
creation of farm track and vehicular access to a highway
creation of farm track and vehicular access to farm buildings
alterations and extensions to agricultural building
conversion of other outbuildings on the site to residential accommodation