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Applicant: Mr Neil Birchall Proposal Erection of replacement dwelling Site Address Strathallen Main Road Ballabeg Isle Of Man IM9 4LJ Case Officer : Russell Williams Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 14.03.2025
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: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
This application has been recommended for approval for the following reason. The proposals respect the site and surroundings in terms of the siting, layout, scale, form, design of buildings and the spaces around them. The proposals will not harm the character of the surrounding landscape or townscape and comply with General Policy 2 (b) & (c). Furthermore, while the proposals will result in a larger dwelling on the site, the design and appearance is considered to result in an enhancement to the site and its landscape setting such that the proposals are justified and in accordance with Housing Policy 14 and Environment Policies 1 and 2 of the Isle of Man Strategic Plan 2016. The proposed impact upon highway safety is acceptable and complies with General Policy 2(h) and Transport Policy 7.
Plans/Drawings/Information; This approval relates to the following drawings and documents received 20 December 2024:
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Arbory and Rushen Commissioners No objection DOI Highway Services No objection subject to conditions which have been applied
________________________________________________________________ Officer’s Report
THIS APPLICATION IS REFERRED TO THE COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE - 1.1 The site comprises the residential property known as Strathallen, located to the southern side of the A7 to the west of Colby. - 1.2 The site is occupied by a detached single storey dwellinghouse that is thought to have been constructed in the mid-20th century. The bungalow is finished in render and cladding to the walls beneath a man-made red slate roof. The dwelling has been unoccupied for a period of time and is in a poor visual condition. - 1.3 The dwelling has a floor area of approximately 95sq.m and within the property is a detached outbuilding that would be demolished. - 1.4 The site is bounded by stone walls to the road frontage and hedge banks to the garden areas. - 1.5 The property is located within an isolated location in open countryside is generally bounded by agricultural land and the A7 highway.
2.0 THE PROPOSAL - 2.1 The application seeks planning permission for the erection of a replacement dwelling, demolition of outbuilding and formation of a new vehicular access, with the existing being closed off. - 2.2 The proposed dwelling would comprise 2 storey dwelling of a traditional design. It will provide open plan kitchen and dining space, lounge and WC at ground floor. At first floor there will be three bedrooms (1 en-suite) and a family bathroom. The GIA of the new dwelling will be approximately 161 sqm. - 2.3 The dwelling is designed to represent a traditional rural cottage found within the Manx countryside. The building will be finished externally in stone and render to the walls, slate roof and "sliding sash uPVC windows. The dwelling will be served by a new air source heat pump. - 2.4 The property will be served by a new access off the A7, located northeast of the dwelling, with visibility splays of 2.4m x 43m. A section of the roadside wall will be reduced in height to 1.0m. Space for parking and turning three vehicles is shown on the proposed site plan. Garden areas will be to the south and west of the dwelling, with new landscape planting to the east and west boundaries.
3.1 The application site is within an area of High Landscape Value or Costal Value and Scenic Significant under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area or area at risk of flooding. - 3.2 General Policy 2 of the Strategic Plan is considered applicable, which states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
3.3 General Policy 3 states that "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);" - 3.4 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." - 3.5 Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
3.6 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
4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside is a material consideration.
5.0 PLANNING HISTORY - 5.1 23/01120/B - Demolition of a detached dwelling and erection of a replacement detached dwelling with integral garage and associated parking - Refused.
6.0 REPRESENTATIONS - 6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
Arbory & Rushen Commissioners - The commissioners noted that the development looks better than the existing property. It is a two-storey replacement of an existing single storey property and therefore a significant expansion of the existing property. The proposed property would be much more visible in the landscape than the existing property. The Commissioners also noted the changed position of the entrance from the main road which may reduce visibility and noted that the property will be hindered during school pick up and drop off times.
DOI Highway Services - 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 existing access and proposed access and removal of existing access, visibility and site layout are acceptable for the replacement dwelling and the adjacent speed limit of the road. Parking, access removal of existing access, visibility splays and site layout to be conditioned.
Ecosystem Policy Team - No objection subject to condition - soft landscaping condition requested.
6.2 No representations have been received from members of the public.
7.0 ASSESSMENT - 7.1 The key considerations in the determination of the application are principle of the demolition of the existing dwelling and the potential visual impact of the works to the countryside setting/landscape and highway safety. PRINCIPLE OF DEVELOPMENT - 7.2 Under the provisions of General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2016, the erection of a replacement dwelling on a one for one basis is acceptable in principle and taken as a suitable exceptional circumstance to the general presumption against
7.12 It is beyond doubt that the existing dwelling is of poor form, construction and visual appearance. The proposed replacement dwelling is, however, of a traditional design as described and will utilise materials that are characteristic of the Manx countryside. The design approach complies with Planning Circular 3/91. - 7.13 The design of the new dwellinghouse is one of a simple yet traditional rural cottage, finished in Manx stone to the walls and natural slate roof, which is suitable and in line with Policy 4 of Circular 3/91. The rectangular plan form and two storey height follows the guidance set out in Policy 3 of Circular 3/91. - 7.14 The proposed dwelling is traditional in its design and character and the proposals are considered to represent betterment in terms of the character and appearance of built form on the site. The increase in floor area is also considered to be justified in that the new dwelling will be thermally efficient and the design incorporates sustainable design features that will reduce the use and associated impact of a larger dwelling on the climate. Having regard to these matters, there is support for the development as proposed. HIGHWAY SAFETY - 7.15 The site benefits from an existing vehicular access to the northwest corner of the plot, which previously accessed a garage (now demolished). The existing access has compromised visibility virtue of the boundary wall being up to 1.6m high in places across the road frontage. The application proposes to close off the existing and create a new access into the property to the north east of the plot. - 7.16 The previous application was refused, in part, due to concern over the proposed access and lack of clarity over visibility splays. Further design detail has now been provided. - 7.17 The proposed access involved reducing the height of the boundary wall and creating visibility splays that exceed those currently available at the existing access. The proposal also includes the provision of 3 parking spaces together with on plot turning, which creates a safer layout to the site than the existing scenario. Vehicles will be able to turn within the site and exit in a forward gear, which they cannot currently do. - 7.18 Highway Services have not objected to the proposals and generally the proposed site layout and new access are considered to represent betterment to highway safety. The proposals successfully address the previous reason for refusal in regard to highway safety and the application is considered to comply with General Policy 2(h) and Transport Policy 7. OTHER MATTERS - 7.19 The proposed development will not give rise to any unacceptable impacts upon residential amenity, ecology, flood risk or other matters of recognised planning importance and complies with General Policy 2.
8.0 CONCLUSION - 8.1 The application will provide a betterment to the existing dwellinghouse on the site and is considered to be of an acceptable design, scale and appearance and successfully addresses the previous reasons for refusal. - 8.2 The proposals respect the site and surroundings in terms of the siting, layout, scale, form, design of buildings and the spaces around them. The proposals will not cause any significant harm the character of the surrounding landscape and comply with Circular 3/91 and General Policy 2 (b) & (c). - 8.3 Furthermore, while the proposals will result in a larger dwelling on the site, the design and appearance is considered to result in an enhancement to the site and its landscape setting
such that the proposals are justified and in accordance with Housing Policy 14 and Environment Policies 1 and 2 of the Isle of Man Strategic Plan 2016.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 9.1 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). - 9.2 Article A10 sets out that the right to appeal is available to:
9.3 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. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
9.5 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 the Right to Appeal.
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:…14.04.2025 Signed : R WILLIAMS 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 14.04.2025 Application No. : 24/91418/B Applicant : Mr Neil Birchall Proposal : Erection of replacement dwelling Site Address : Strathallen Main Road Ballabeg Isle Of Man IM9 4LJ Planning Officer : Russell Williams Presenting Officer As above Addendum to the Officer’s Report
At the Planning Committee meeting on 14th April 2025, the Case Officer advised the Members that his recommendation should be amended with regard to Condition 3, which needs to be revised to omit a typographical error and include a timescale for planting, to which the Members agreed. The Planning Committee unanimously agreed with the Case Officer's recommendation for approval and amended Condition 3, concluding that the development impacts were acceptable and the proposal complies with relevant planning policies within the Isle of Man Strategic Plan.
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