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Application No.: 24/91421/B Applicant: Mr Matt Newing Proposal: Erection of replacement dwelling and attached garage Site Address: Clypse Lodge Clypse Moar Road Onchan Isle Of Man IM4 5BG Planning Officer: Russell Williams Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 19.06.2025 _________________________________________________________________
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
Reason: In order to safeguard the landscape character and appearance of the area and in the interest of biodiversity.
Reason: In order to safeguard the landscape character and appearance of the area and in the interest of biodiversity.
All documents should be prepared in accordance with British Standards BS3998:2010 Tree work - Recommendations and BS5837:2012 (Trees in relation to Design, Demolition and Construction -Recommendations) unless superseded.
The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.
In the event that trees become damaged or otherwise defective during such period, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. In the event that a tree dies or is wilfully removed without prior consent it shall be replaced as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with trees of such size, species and in such number and positions as may be agreed with the Department
Reason: required prior to commencement to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.
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 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 Policies 12 and 14 and Environment Policies 1 and 4 of the Isle of Man Strategic Plan 2016.
This approval relates to the following drawings and documents received 23 December 2024 and 6 May 2025:
_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Onchan Commissioners Support the application _________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site comprises the residential curtilage of Clypse Lodge, Clypse, Onchan. The site is an irregular shaped piece of land which lies to the west of the Clypse Reservoir and is accessed via the Ballacottier Road and the narrow roadway leading to the reservoirs themselves. - 1.2 The site is relatively flat in nature, with a gentle fall to the south and is within a woodland setting, with mature hedgerows and trees running along the south-eastern boundary of the site which is directly adjacent to the highway. - 1.3 The existing dwelling is rather unusual in appearance and could not be described as traditional Manx vernacular. The property appears to have been constructed in the 1960's, with
2.0 THE PROPOSAL - 2.1 The application seeks planning permission for the erection of a replacement dwelling together with a new access drive and parking/turning area. - 2.2 The replacement dwelling would be sited on a similar footprint to the existing property, which is located centrally within the plot. The proposed dwelling would be located approximately 15 metres from the adjacent highway. The proposed dwelling would have a maximum width of 26.6 metres, a maximum depth of 16.9 metres and have a ridge height of 9.3 metres. The measurements include the proposed conservatory, attached garage, rear two storey outlet and the main two storey dwellinghouse. - 2.3 The proposed two storey replacement dwelling would have traditional elements in its design, with a pitched natural slate roof, two gable end chimneys, a central doorway, verge details to both gable ends and a painted render finish. However, the proposal does include projecting two storey bay windows to the front elevation. - 2.4 The property would utilise the existing vehicular access to serve the property, but would include alterations to the driveway which would accommodate at least two off road parking spaces to the front of the property as well as two further parking spaces within the prosed attached garage.
3.0 PLANNING POLICY - 3.1 The site lies within an area of open countryside and is not designated for any particular purpose on the Area Plan for the East. The site is not within a Conservation Area, Area of High Landscape or Coastal Value and Scenic Significance or a Flood Risk Zone. - 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 Environment Policy 4: Development will not be permitted which would adversely affect:
3.6 Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
3.7 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."
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 The following applications are of material relevance to the proposal:
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Onchan Commissioners - Recommend the application is approved. DOI Highway Services - No comments received.
Ecosystem Policy Team - Original objection. Further comments received raising no objection subject to conditions. Detailed comments The Ecosystem Policy Team confirm that Manx Bird Life's Bird Survey for Clypse Lodge dated February 2025, is all in order and that a suitable level of assessment has been undertaken. A robin nest site was found on the building and therefore avoidance and compensation is required since the works to replace the dwelling will result in the loss of this nesting space. A condition is therefore requested below for a nest box to be provided. This should be placed on a north-east to north-west elevation to prevent overheating. Arboricultural surveys have been provided, which show that a number of trees will need to be removed to facilitate the development, largely a number of small category C and U trees, though with some larger specimens. The removal of the trees will require mitigation in the form of new tree and hedge planting and measures will be required to protect retained trees and habitat during construction.
Though a full bat survey, incorporating multiple evening emergence watches, has not yet been undertaken, we are content in this instance to request that this via a condition, because we have spoken to the Manx Bat Group about their initial assessment of the property for bats and they have confirmed that they are content with the approach. During their initial assessment they found no bats or evidence of bats, such as bat droppings, though due to the condition of the property the presence of bats could not be ruled out. We also recommend the Manx Bat Group undertake bat assessments on all of the trees to be removed. The demolition of the property must not take place between the dates of March - August inclusive, in order to avoid nesting birds. Even if demolition takes place outside of these dates, thorough checks for bats and birds must take place prior to demolition and should evidence of bats and birds be found, works must stop and advice be obtained from the Ecosystem Policy Team on 651577. Depending on the findings of the bat assessments, further recommendations on work timings may be required. We also advise that the removal of any scrub should be undertaken outside of the dates of March - August, in order to avoid nesting birds. If scrub removal is required during these dates then it must be first checked for nesting birds by an ecologist.
Senior Arboricultural Manager - Agree with comments and feel satisfied that the impact is acceptable and can be dealt with a pre commencement condition for tree protection.
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, the potential visual impact of the works to the countryside setting/landscape and impact of development upon trees and biodiversity. 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 development within the countryside. Proposals for replacement dwellings must, however, comply with other relevant policies in the Strategic Plan, including Housing policies 12 and 14.
7.3 Regarding Housing Policy 12, it is noted that the dwelling is in a poor structural condition and not capable of being occupied without significant renovation and repair works. In considering whether the residential use of the dwelling has been abandoned, the Agent has provided further information, confirming that the existing dwelling has not been occupied for approximately 6-7 years but the property remains rated with the Treasury, with electric connected until 2021. The supporting information states that there has been a delay in redeveloping the property after the property was put into receivership in 2018, with the latest approval for a replacement dwelling having lapsed in 2023. Since 2018 there has been protracted legal proceedings which have recently been resolved, but such prevented any work being carried out on the site. - 7.4 Having regard to the period of non-occupation and justification provided, it is accepted that the residential use of the dwelling has not been deliberately abandoned and if it were not for the legal proceedings there is every likelihood that the property will have been replaced before now. - 7.5 The existing dwelling is in a poor condition and it is not considered appropriate for it to be modernised without significant investment and works to create a thermally efficient building and to upgrade the accommodation within to meet modern living standards. The dwelling is
8.1 The proposed development proposals respect the site and surroundings in terms of the siting, layout, scale, form, design of building and the space around it. 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).
8.2 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 4 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 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: 20.06.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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