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Applicant: Cheeseden Investments Limited Proposal Demolish existing building and erect new dwelling and garage (including landscaping work) Site Address Shenvalley House Ballnahowe Port Erin Isle Of Man IM9 6JF Case Officer : Hamish Laird Photo Taken: 11.07.2024 Site Visit: 11.07.2024 Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 19.07.2024
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 high quality materials are used for the replacement dwelling to preserve the character of the site and impart a high quality finish in the interests of visual amenity.
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.
Reason: To ensure the provision of an appropriate landscape setting to the development, and to safeguard the appearance of the development and the surrounding area.
Thereafter, the dwelling shall be occupied in accordance with these approved details for the lifetime of the development.
Reason: To ensure the comprehensive development of the site and to minimise its impact on the environment in terms of its carbon footprint.
N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason. The proposal is not materially different to that approved in 2014, and, subsequently renewed in 2018. Since then there have been no changes in policy or circumstance which would justify a different decision. The application accords with the provisions of Policies GP3 c) and d), ENV1, ENV22, H11, H12, H14, T4 and T7 and is supported.
Plans/Drawings/Information; This approval relates to Drawing Nos.
_______________________________________________________________ Interested Person Status – Additional Persons
None ________________________________________________________________
THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE STRATEGIC PLAN
1.1 The site is the curtilage of an existing, presently unoccupied building situated on the eastern side of the Balnahowe Road which links Port Erin with Cregneash, together with additional rough land to the west. The property appears a vaguely traditional cottage which has been repaired and extended (rear cat-slide annex) and an older, single storey shed with large vehicular aperture at the front. It was, according to the applicant, originally a cottage which was altered to form an agricultural building for which it has been used up until most recently although the works most recently undertaken may constitute work having commenced on the later application for conversion back to a dwelling. The building sits with its ridge running roughly north to south such that only the gable is visible from the Port Erin direction. - 1.2 The site defined in red is 1.1 acres of land of which the proposed residential curtilage represents 0.3 acres. Also within the red line area is an agricultural building which has a footprint of 18m by 9m and which lies to the north west of the house. - 1.3 Access to the site is presently either via an existing lane leading past the agricultural building west to the Balnahowe Road, and also access is available to the south west, past a number of properties, back to the Balnahowe Road. A public footpath runs past the north and eastern edges of the site. - 1.4 To the north of the agricultural building is a dwelling - Shenvalley Farm - with associated garaging and outbuildings. The applicant also owns land to the west - associated with and operated from Ballaman which lies on the western side of Balnahowe Road. THE PROPOSAL
2.1 Proposed is demolition of the existing building and the erection of a new dwelling and garage (including landscaping work). This is effectively an application for the renewal of a previous planning permission PA 18/00955/B for the variation of condition one of the approval granted under 14/01094/B for the erection of a replacement dwelling to extend the period in which the approved works may commence by a further four years, although the design of the dwelling currently proposed differs in that Solar PV Panels are proposed to be added to the SE side elevation roofslope ( 4 panels0 ; and, SW rear elevation roofs4lope (2 panels).
2.2 14/01094/B proposed the extension of the existing residential curtilage from a curtilage which was virtually indistinguishable from the 1.1 acres site in which also sits the agricultural building, to an area of around 0.3 acres. The existing house was to be demolished and a garage built in its place and a replacement dwelling built close by but slightly further - 2m - away to the north west. - 2.3 The existing cottage was described as a relatively unattractive property which has a floor area of 126 square metres - the main core of the dwelling being two storey - a frontage of 9m with the single storey annex at the rear. The stone shed alongside would add a further 30 square metres although as this is not currently part of the living accommodation, and a new garage is proposed, this was not recommended as being included in the floor area calculations. - 2.4 The proposed dwelling has an overall floor area of 211 sq m - an increase of 68%. If all of the existing building were included in the calculation, on the basis that it is physically attached to the house, this increase would be nearer 35%. The frontage of the existing cottage was 9m compared with the frontage of the proposed which is 11.6m and the depth of the existing 5.5m compared with the proposed which is 6.6m. - 2.5 The new cottage was to be turned through 90 degrees from the existing arrangement and orientated with its roof west-east and 8.3m high. The existing cottage is 5.6m high. The dwelling was to be stone faced on all sides, traditionally styled and detailed and with a small front porch on the northern elevation. - 2.6 The garage was to be single storey but with a footprint of approx. 7m by 7m (49m2) and a roof pitched at 30 degrees (the house roofing is pitched at 35 degrees). The remainder of the site was to be lawned and planted. - 2.7 This scheme represented a revision to the original application for a new dwelling on the site which was refused, PA 11/01742/B. The changes included the roof pitch being reduced, the overall height reduced, the floor area reduced and the garage reduced in area and height together with a reduction in site area. - 2.8 A covering letter accompanying the application advises:
"The proposed dwelling has been designed in accordance with planning circular 3/91 with regard to dwellings in the countryside. External finishes are to be Manx stone with slate roof so as to be in keeping with the area and help the development blend into the landscape.
The proposed floor area of the new dwelling is 221.65 sq. m, equating to an increase of approx. 45.4% on the existing building on site, which complies with housing policy 14 of the I.O.M strategic Plan.
The proposed detached garage equates to a footprint area of 49.91 square metres. The vehicular access onto the highway is unaltered and is the same as previously approved, in the last 2 planning applications for this site. (PA 18/00955/B and PA 14/01094/B)
A landscaping drawing is included with this submission, which was prepared to discharge planning condition number 3 on the previous approval document. (PA 18/00955/B) This drawing was subsequently approved by the planning office and the necessary approval obtained.
The structural condition of the existing building, which is to be demolished, is the same as in previous submissions."
3.1 The site lies within an area designated on the Area Plan for the South adopted in 2013 as open space not designated for a particular purpose. The site lies outside of a draft area of ecological interest. - 3.2 The site also lies within a wider area of Coastal Cliffs in the Landscape Character Assessment it lies within the Cregneash Head and Meayll Peninsula Character Area where the following advice is provided:
"Cregneash and Meayll Peninsula (H4) The overall strategy is to conserve the strong sense of openness of this rugged area, its expansive and dramatic views and to conserve the setting of the numerous archaeological features and Cregneash village and the surrounding traditional field pattern as well as the wartime structures on Meayll Hill.
Key Views Dramatic views of rising uplands to the north and across Port St. Mary Bay to the northeast. Dramatic views across the Sound to the Calf of Man. Panoramic, open views across the Peninsula. Extensive, panoramic, open views across ever-changing sea and sky engulfing the character area on three sides."
"Landscape Proposal 10: Any additional new built development on the Meayll Peninsula, other than very limited development near its northern edge at the former Marine Biological Station, should be avoided as such development would adversely affect the largely unspoilt character and appearance of the Peninsula and/or would diminish its role in providing a vegetated, undeveloped backdrop to Port Erin, Port St Mary and Cregneash."
3.3 There has been no changes in policy in respect of this application compared with the consideration of the PA18/00955/B proposal. PLANNING POLICY
4.1 The application seeks only a variation of condition to allow a further period for the commencement of works. It is generally considered to be relevant to consider whether there has been a change in policy or circumstance which would justify a decision different to the one taken in respect of the earlier application. The following policies were applied in 2014 and continue to be applicable. - 4.2 Housing Policy 11 allows for the conversion of existing rural buildings into dwellings subject to various criteria. - 4.3 Housing Policy 12 allows for the replacement of an existing dwelling in the countryside provided the existing building has not lost its residential use by abandonment and provided the existing dwelling is not of architectural or historic interest and is capable of renovation. In assessing whether a property has lost its habitable status by abandonment, regard will be had to the structural condition of the building; the period of non-residential use, or non-use in excess of 10 years; evidence of intervening use; and the intention to abandon. - 4.4 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 generally, 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 which involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design and or siting, there would be less visual impact."
5.1 Planning permission has been sought for the following developments:
18/00955/B 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 - approved on 16th November, 2018.
14/01094/B demolition of existing building and erection of a detached dwelling and garage approved on 24th November, 2014.
11/01742/B demolition of existing building and construction of new detached dwelling with detached garage - refused for the following reason:
"The proposed development, by virtue of the position, size and height of the new dwelling and garage and the size of the new residential curtilage would result in an increased and detrimental visual impact of built development and managed garden in a prominent, open and rural area."
11/00901/B proposed the erection of a replacement dwelling but was withdrawn before a decision was taken.
05/01091/B - alterations and two storey extension - permitted. This application added windows and a canopy onto the front elevation and a rear extension, none of which were implemented but which would have increased the floor area to 173 sq m including the conversion of the adjoining stone store
PA 04/00394/B - renovation and conversion of farm building to dwelling - permitted PA 98/00143/B - creation of farm track and vehicular access to a highway - permitted PA 97/01374/B - creation of farm track and vehicular access to farm buildings - refused
REPRESENTATIONS
6.1 Highway Services (26.2.24). "24/00181/B - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, as the access is acceptable for the proposals due to the low traffic low speed rural nature of the road it connects to, subject to the parking, vehicle turning and garage areas being completed before first occupation of the dwelling. The applicant is advised to consider providing an EV charging point to aid Net Zero ambitions."
6.2 Arbory and Rushen Parish Commissioners (28/3/24) - "The Commissioners felt that this application represented a significant expansion of development on the site, noted that
7.1 The justification put forward to recommend approval to the earlier PA 14/01094/B application was as follows:
"In terms of the status of the building, it would appear that it was once a residential property which was converted in the 1990s to agricultural usage. PA 96/00521/B appears to have been partly implemented in terms of the catslide rear roof, roofing of the main building, the beginning of the rendering over of part of the front elevation, changes to the windows in the front elevation. Much of what was proposed in PA 04/00394/B is similar to this although the windows in the side annex, the windows in the rear of the main building and the porch have not been implemented. What was proposed under PA 05/1091/B was significantly different to the earlier schemes and does not appear to have been implemented at all. In essence, what is lawful appears to be the work which has been undertaken to date and which could certainly be continued to be completed as shown in PA 96/00521/B. It is not clear whether the works shown in PA 05/01091/B have been commenced. The building is not currently being used for agricultural purposes: inside there were pallets, sheeting and pieces of timber."
"The existing building is not of sufficient interest or quality to merit a requirement for its retention and it is arguably of poor form - there is no central front door, no three upper window format. Whilst the previous applications in 1996 and 2004 refer to the original structure being an "agricultural building" it had the appearance of a derelict cottage. The 04 application would have restored the building to closer to its original appearance, the 05 application would have enlarged and altered its appearance, both converting it to a dwelling. What is now proposed is more attractive, less visible than both what presently exists and what had approval by being further from the footpath, and is more attractive than both. Whilst the new dwelling is 18% larger than the 50% generally permitted under HP14, some of that amount is due to the application of stone cladding and the property was previously granted an extension of 37% which would have resulted in a less attractive and more conspicuous property than what is proposed. The existing property is of poor form and what is proposed is 0.6m longer and 1.1m deeper than what is illustrated and recommended in Planning Circular 3/91."
"What is proposed does not fit comfortably into the Strategic Plan housing policies as it is not currently a dwelling and would not appear to have been so for quite some time. It did however have permission to be converted to a dwelling in the past, albeit prior to the introduction of the Strategic Plan. What exists on site, and may continue to exist and be used for agricultural purposes, is not attractive nor particularly compatible with other existing properties in the vicinity in terms of its orientation and finish. It is also immediately alongside the footpath. For these reasons, it is considered that the proposal complies with what Housing Policies 11, 12 and 14 are trying to achieve and is recommended for approval."
7.2 Since that decision, and that of the subsequent 2018 renewal approval, the building has changed only slightly. The main structure is more or less the same, the only deterioration being
some of the panels on the side of the imitation stacks have fallen off. What was then a new roof has weathered and aged and the sheet roofing which was on the front pitch of the attached building has been removed with the ridge support - a timber pole - sitting in place of the ridge. The remainder of the site has upon it boxes of slates and hardcore and other building supplies, with similar products stored within the building. Following a site visit by the Case Officer on 11/7/24, it is considered that the building and site have not markedly changed as described in the PA14/01094/B Officer Report. Since the original decision to grant approval for a dwelling on the site was taken in 2014 and there have been no changes in policy which would now justify a different decision. Whilst the Strategic Plan has been amended, these changes relate only to population and housing projections and there have been no changes to the policies which are material to the consideration of the application (HPs 12 and 14).
Other Matters
7.3 The comments received from the Commissioners are noted, however, nothing of substance has changed in respect of the proposed design of the dwelling and planning policy since the approval of the 2018 PA18/00955/B renewal of planning permission application. The comments received from both the Ecosystems Policy Officer and DoI Highways are noted and both their requirements can be covered by conditions. CONCLUSION - 8.1 The proposal is not considered to be materially different to that approved in 2014, and to the subsequent renewal of that approval in 2018. Since then there have been no changes in policy or circumstance which would justify a different decision. The application is supported.
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 can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : …Permitted……….... Committee Meeting Date:…05.08.2024
Signed :……………J SINGLETON…………..
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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
PLANNING COMMITTEE DECISION 05.08.2024 Application No 24/00181/B Applicant Cheeseden Investments Limited Proposal Demolish existing building and erect new dwelling and garage (including landscaping work) Site Address Shenvalley House Ballnahowe Port Erin Isle Of Man IM9 6JF Planning Officer Hamish Laird Presenting Officer Jason Singleton Addendum to the Officer Report
The planning committee sought to add two further conditions to limit any external lighting to the property and its curtilage, and also for the integration of biodiverity measurers to hte property with the inclusion of bird or bat bricks.
Reason: For the avoidance of doubt and to ensure no harm to the dark skies and the surrounding rural area
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