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Application No.: 24/90997/B Applicant: Mr Alex Brindley Proposal: Variation of Condition 1 to PA 22/01558/REM (Erection of a dwelling) for an extension of time for a further four years Site Address: Fields 624255 & 624256 Glen Mona Loop Road Glen Mona Ramsey Isle Of Man Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 23.10.2024 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: The application does not propose to create separate units of accommodation within the site and has not been considered as such.
This application has been recommended for approval for the following reason.
Overall, it is considered the proposal would not have any significant impacts upon public or private amenities, would not adversely affect the countryside or harm the character and quality of the landscape and would therefore comply with Environment Policy 1 & 2 and Housing Policy
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers all received;
27.08.2024
15 PROPOSED FIRST FLOOR PLAN 16 PROPOSED LOWER LEVEL PLAN PRELIMINARY ECOLOGICAL APPRAISAL REPORT
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services & Drainage - No Objection Local Authority - No Objection ___________________________________________________________________
1.0 SITE - 1.1 The application site forms the curtilage of a parcel of undeveloped land, Field 624255 & 624256, Glen Mona Loop Road, Glen Mona, Ramsey. The site is located on the eastern side of the Glen Mona Loop Road and south east of Glen Mona Village. The site is characterises as an open parcel of land which due to the hillside topography of the area, slopes downwards from the roadside boundary (west) to the rear boundary to the east. The boundaries to either side of the site comprises of mature landscaping (trees/hedgerows), which are shared with the neighbouring residential properties Barony View to the north and Fieldhead to the south.
2.0 PROPOSAL - 2.1 The application seeks approval for the Variation of Condition 1 to PA 22/01558/REM (Erection of a dwelling) for an extension of time for a further four years.
2.2 The applicants in support of the application make the following comments; "SCALE The scale of the development has been carefully considered, particularly in relation to how the house would be seen form the road and from the surrounding countryside. The main section visible from the road is a two-storey house traditional in form, scale and appearance. The third, lower ground, storey is built into the slope which, as the ground falls away from the roadside, is concealed from view, thereby reducing the apparent scale of the property.
APPEARANCE As noted above, the house has a traditional appearance when viewed from the road and the third, lower, storey is generally concealed from view. This would appear as glazing within stone and timber-clad walls when viewed from across the landscape. As the timber cladding ages, it will blend with the landscape very well, appearing as a secondary and less visible element to the 'home' above. The house is screened from the adjacent properties by the existing boundary trees and vegetation, which will be bolstered with additional planting where needed. The main part of the house would have rendered masonry walls and a slate roof giving the building a traditional appearance. Chimney stacks at either end of the building further reinforce the traditional form. The windows are generally full height double-glazed aluminium-framed units which would better reflect the modern arrangement of spaces. Balustrades along the edge of the lower ground floor rood would be alternately stone-clad and glazed.
LANDSCAPING The house is screened from the adjacent land by retaining all but one small tree and the vegetation and by additional planting. In addition, an area of 0.49 acres (0.2 ha) of seminatural grassland in the east part of the site will be kept and managed for its value to nesting birds, bats and the wildlife. There is no boundary with the open countryside to the west. Manx Wildlife Trust was commissioned to prepare a Preliminary Ecological Appraisal Report at an early stage in the design process, and their recommendations have been followed in order to mitigate the effect of the development on the local ecosystem and provide longer-term biodiversity benefits.
ACCESS A vehicular access is proposed through the existing gate. The development would create an on-site turning area and parking for more than two cars. The development complies with the requirements for visibility splays onto the highway: 70m in both directions measured 2.4m back from the carriageway."
3.0 DEPARTMENT POLICIES - 3.1 The application site is allocated as an Areas of High Landscape or Coastal Value and Scenic Significance, not designated for development under the Isle of Man Development Plan
3.2 Due to the site location, designation and the type of proposal, the following policies are relevant for consideration:- - 3.3 The Spatial Distribution Policies within the Strategic Plan set out the hierarchy of settlements, indicating that Douglas will remain the main employment and service centre for the island, with other towns as supporting service centres. Some large villages are identified as service villages where appropriate increase in employment and housing should be provided to meet local needs. Glen Mona, is classified as not within any of those service villages and consequently Spatial Policy 4 set out that these villages should maintain the existing settlement character and be of an appropriate scale to meet local needs for housing and limited employment opportunities. Area plans will define the development boundaries.
3.4 Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3." - 3.5 Strategic Policy 2 states: "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." - 3.6 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to:
3.7 Environmental 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 outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 3.8 Environment Policy 2: "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:
3.9 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:
3.10 Housing Policy 4 states: "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:
3.11 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(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 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."
3.11 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." - 3.12 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." - 3.13 Planning Circular 3/91 - 3.14 Residential Design Guide 2021
4.0 PLANNING HISTORY - 4.1 The previous planning applications is considered relevant in the assessment and determination of this application; - 4.2 Reserved matters application for erection of a new dwelling, approval of the details of siting, design, external appearance and internal layout of the dwelling, the means of access and the landscaping of the site - 22/01558/REM - APPROVED - 4.3 Approval in principle for the erection of a dwelling - 18/00200/A - Approved at Appeal with the following conditions attached;
"C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval, or before the expiration of two years from the date of approval of the last of the reserved matters.
Reason: To comply with Article 14 of the Town and country Planning (Development Procedure) (No 2) Order 2013
Reason: To comply with the Town and Country Planning (Development Procedure) (No 2) Order 2013, this is an approval in principle and these matters require detailed consideration by the Department in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
Reason: This is an approval for a single dwelling as shown on the submitted illustrative drawings, and any greater density would be out of keeping with the character of the adjacent properties and the surrounding area, and would require additional space for parking and amenity areas.
4.4 Approval in principle to erect a detached dwelling - 09/01067/A - Refused at Appeal for the following reason; "R 1. The application site is not zoned for development and is within an Area of High Landscape Value or Coastal Value and Scenic Significance. Therefore the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and The Isle of Man Development Plan, which seek to restrict such development to appropriate towns and villages. Approval of the planning application would result in unwarranted residential development in the countryside."
5.1 Highways Services comment there is no highway interest (29.08.2024 and 29.09.2024). - 5.2 Garff Commissioners comment (05.09.2024): "There were no objections to this application to extend the approval term." - 5.3 Ecosystem Policy Officer (DEFA) comments (13.09.2024); "The Ecosystem Policy Team request that the ecological conditions for PA 22/01556/REM (7, 8, 9 & 10) are secured for this application.
In addition we request that an additional condition is secured for an updated Preliminary Ecological Appraisal Report (PEAR) to be provided to Planning for written approval should development not have commenced by August 2025. Should this report identify additional features of interest on site for which mitigation is required, above that which was found during the original PEAR, then details of the mitigation measures to be put in place on site should be submitted to Planning for written approval prior to works commencing.
Should this report also identify that further ecological surveys are required, then these survey reports, containing appropriate mitigation measures, should be submitted to Planning and approved in writing before works commence.
This is in line with the statement on page 3 of the Manx Wildlife Trust's PEAR which states that "The results of this report are valid for 3 years, after which a re-assessment may be required."
This is also in line with the CIEEM (Chartered Institute of Ecology and Environmental Management) Advice Note on the Lifespan of Ecological Reports and Surveys which states that reports more than 3 years old are unlikely to still be valid and are likely to need to be updated (subject to an assessment by a professional ecologist)."
5.4 Highway Services Drainage comment (23.09.2024): "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: Applicant should be aware of and comply with the clause above."
6.1 The principal issue in the assessment of this application is whether there have been any material planning matters (e.g. policy changes / land used designations / Local Plan adoption / new or altered legislation, and so forth) that have changed since the approval of the last application. - 6.2 Since the initial approval, the Isle of Man Development Plan 1982 Order is still in force and the Isle of Man Strategic Plan 2016 has not been superseded and therefore both continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. No new legislation has been brought into force and no objections have been received. - 6.3 For information the following report is the Officers report for the previous application (22/01558/REM):
"6.1 The main issues are the potential visual impact of the development upon the landscape/countryside; potential impacts upon neighbouring residential amenities; highway safety/parking provisions and ecology.
6.2 It should be noted that the principle of a single dwelling on the site has been established under the previously approved application and therefore is not a matter for consideration. POTENTIAL VISUAL IMPACT OF THE DEVELOPMENT UPON THE LANDSCAPE - 6.3 As there is a presumption against new dwellings in the countryside, there is no direct policy in relation to new dwellings in the countryside (i.e. not replacing an existing dwelling or converting an existing rural building into a dwelling). - 6.4 However, as the principle has been established for a single dwelling on this site (exception to policy) it is consider the most relevant planning policies are those relates to replacement dwellings as far as the design and size and Planning Circular 3/91. Condition 4 of the AIP application also gives a starting point that the dwelling cannot be 6.5m taller than the adjacent road level. - 6.5 In terms of design/siting the applicants have stated:
"The proposed property is split over three floors, with only the ground and first floors being visible from the road; a third, lower ground floor is proposed to be set into the slope of the site in order to minimise disturbance to the views across the site to the open countryside beyond. A detached garage is proposed on a similar basis, set within the sloping ground with a green roof to help visually integrate the building with the site and landscape…" And
"…It should be noted that the proposed building occupies only the top section of the site; the ground and first floor gable is sited in line with the property line established by the adjacent dwellings, 'Barony View' and 'Fieldhead'.
6.6 The dwelling has a total floor are set over three floors of 477sqm. The detached garage is 64sqm in floor area. - 6.7 As noted previously the proposed dwelling in terms of form and proportion is similar to a traditional Manx two storey farmhouse, with pitched slate roof, gable end chimneys and painted render finish to external walls. However, while traditional in form and promotion, its design, especially in relation to its fenestration is contemporary in design, with vertically proportion and larger sections of glazing especially to the front elevation (south). The glazing does take the approach of the traditional fenestration in terms of three upper windows over a central doorway which is flank by a window at either side at ground floor level. However, the proposal as mentioned take a contemporary twist to this approach. The lower ground floor which site below the main two storey element of the proposal does have a more contemporary form and overall design, being built into the hillside with a flat roof which has a green roof above, which is level to the front driveway/parking area of the property. - 6.8 Again the garage is contemporary in design, being set into the hillside, with flat roof with a green roof finish. - 6.9 In terms of the design approach the applicants comment: "The final development brings together and offers a refinement on the previous schemes; i.e. the upper part of the house retains a traditional form, albeit with a modern arrangement of glazing and would appear, from distance, in the landscape, as a traditional building. The main section is located to the side of the site in order to protect the view of the countryside as far as possible. The secondary lower level is built into the slope of the land and would have a green roof so as to minimise the visual impact as far as possible.
The south and main elevation design respects the form, proportion and symmetry of a traditional Manx countryside dwelling. It incorporates two chimney stacks at the gables and a central entrance with windows either side. The windows are in a more modern format though with floor to ceiling windows and doors reflecting the modern arrangement of spaces in the property and providing a better connection to the landscape and surrounding countryside. The large hallway is glazed to its full width."
6.10 Regarding Condition 4 of the AIP application which indicates the dwelling shall be limited to 6.5m below the road level, this proposal would meet this by being approximately 3.7m (roof ridge) below this level. - 6.11 Any development in the countryside must not adversely affect the countryside (EP1) and must not harm the character and quality of the landscape (EP2). There are two main areas where there is the potential to view the property and the proposed works, these being from the Glen Mona Loop Road and the Rhenab Road. - 6.12 From the Glen Mona Loop Road the proposal, namely the two storey element (south and west elevations namely) of the dwelling will be apparent, with the garage and lower ground level less so, mainly the green roofs of these elements. The applicant's statement
In Glen Mona specifically, the Church, the School, the Glen Mona Hotel and the barn on the main road (at Ballasholague) are the buildings where the stonework is exposed, the houses tend to have a render finish. A stone cladding was considered for this application but dismissed on these grounds.
The lower ground floor of the building, where recessed into the slope of the site, is to have natural timber and stone cladding. The purpose is for this part of the building to appear backgrounded as more as part of the landscape, the main part of the house remaining more visible."
6.16 Again when approving the AIP there was an acceptation that a single dwelling and consequently a visual impact would need to occur. However, the applicants again have given detailed reasoning for the approach they have taken and why. It is agreed with the approach and while the sites appearance will change; it is considered the design of the dwelling, siting, size, finishes and overall design approach will result in a dwelling sitting comfortably in the site and not have a significant adverse impact upon the countryside (EP1) or harm the character and quality of the landscape (EP2). POTENTIAL IMPACTS UPON NEIGHBOURING RESIDENTIAL AMENITIES - 6.17 The two properties potential impacts by the development would be Barony View to the north of the site and Fieldhead to the south. The main issues relation to loss of light, overbearing impacts upon outlooks and/or overlooking resulting in a loss of privacy.
6.18 In relation to Barony View, the rear elevation (north) of the proposed dwelling would be approximately 13.2 metres to the gable elevation of Barony View. Between these two properties is mature landscaping of varying heights. The rear elevation which faces towards Barony View has a single ground floor window, five small upper level windows and high level roof lights. The main primary habitable rooms (i.e. living rooms) to Barony View would be unaffected by the development, as the orientation of this dwelling faces away from the site. Overall, while there will be an impact, namely more built up development along the shared boundary; it is not considered it would be sufficient to warrant a refusal, namely distance from the two properties, boundary treatment, design of the new dwelling, position of habitable rooms and size of the curtilage/shared boundary of Barony View, which in the main would remain unaffected. - 6.19 Regarding the impact to Fieldhead the proposals front elevation (south) would directly fact towards the gable elevation of this property. However, the proposal would be approximately 34.8m away and there is a mature and tall landscaping along the shared boundary of these properties. Accordingly, given the distance that would be retained and the overall design of the scheme, it is again not considered there would be sufficient reasons to warrant a refusal. HIGHWAY SAFETY/PARKING PROVISIONS - 6.20 Highway Services have considered the access arrangements (visibility splays of 2.4m x 70m in either direction) and the parking arrangements (more than two off road parking spaces and turning facilities) and raise no objection. Further, following initial comments a stepped pedestrian footpath and gate have been incorporated so a person could easier access the site on foot. ECOLOGY - 6.21 Manx Wildlife Trust's (MWT) have undertaken a Preliminary Ecological Appraisal dated August 2022 at the request of the applicant's which has informed the scheme, in terms of keeping approximately a third of the site being left as semi-natural grassland (lower section of site), rather than a lawned garden. The Ecosystem Policy Officer has welcomed this and the landscaping in the site and has sought a number of conditions which should be attached to any approval."
7.1 Overall, it is again considered the proposal (including additional details of ASHP) would not have any significant impacts upon public or private amenities, would not adversely affect the countryside or harm the character and quality of the landscape and would therefore comply with Environment Policy 1 & 2 and Housing Policy 14 of the Isle Of Man Strategic Plan 2016, Planning Circular 3/91 (in part) and Residential Design Guide 2021. - 7.2 It is recommended that the application be approved.
8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted Date: 23.10.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner
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