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Case Officer: Mr Chris Balmer Photo Taken: Site Visit: Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE 1.1 The application site comprises the curtilage of Sycamore House, The Bungalow and Café Rosa Restaurant (formerly Lezayre Tea Rooms), all of which is located on northern side of Lezayre Road in the Glen Duff area of Lezayre approximately 2.5km west of Ramsey. 1.2 All three properties are physically linked. Sycamore House is a two storey residential property, The Bungalow is a single storey residential property and Café Rosa Restaurant is a single storey flat roofed commercial property.
2.0 THE PROPOSAL 2.1 The application seeks approval for variation of condition 1 of approved development of two replacement dwellings (PA 09/02062/B) to extend period of permission.
3.0 PLANNING HISTORY 3.1 The application site has been the subject of a number of previous planning applications, the following of which are considered specifically material to the assessment of this current planning application: 3.2 Planning application 86/00156/B sought planning approval for an extension to provide staff accommodation. This application was approved, the development implemented and the resultant development subsequently created the single storey residential property known as The Bungalow. 3.3 Planning application 02/01048/A sought planning approval in principle for erection of dwelling and removal of living accommodation. This application was approved on appeal but no associated reserved matters planning application was submitted. 3.4 Planning application 04/02113/B sought planning approval for the erection of new dwelling and replacement shed. This application was approved but not implemented. 3.5 Planning application 08/00555/A sought planning approval in principle for the erection of a replacement dwelling and buildings, driveway, access gateways and landscaping. This
| Application No.: | 14/00774/B |
| Applicant: | Robert Charles Phillips |
| Proposal: | Variation of condition 1 of approved development of two replacement dwellings (PA 09/02062/B) to extend period of permission |
| Site Address: | Sycamore House, The Bungalow Former Lezayre Tea Rooms Glen Duff Ramsey Isle Of Man IM7 2AT |
application was approved but no associated reserved matters planning application was submitted.
3.6 Application 09/00486/LAW sought a certificate of lawful use for the use of an extension as a separate dwelling. This application was agreed and a certificate issued, which confirmed that the single storey residential property known as The Bungalow was lawfully a separate dwelling.
3.7 Planning application 09/01336/A sought planning approval in principle for the demolition of existing dwellings and erection of two detached hemicycle dwellings in sunken gardens. This application was withdrawn before any decision was made.
3.8 Planning application 09/01337/A sought planning approval in principle for the demolition of existing dwellings and erection of two detached traditional dwellings with landscaping. This application was withdrawn before any decision was made.
3.9 Planning application 09/02062/B sought planning approval for the demolition of existing buildings and erection of two dwellings with landscaping and vehicular accesses. An appeal against the Planning Committee's decision to approve this previous planning application was dismissed, with the appeal approval decision issued on the 7th July 2010. This planning approval was valid until 7th July 2014. This current application specially relates to this previous application.
3.10 Planning application 12/00527/B sought planning approval for the part demolition of existing building and erection of a dwelling on adjacent land. The development proposed by that previous planning application (09/02062/B) and conditions imposed on the planning approval meant that both existing dwellings need to be demolished before any construction work on either of the two replacement dwellings occurs. Whilst the applicant would like to construct both replacement dwellings at the same time they had reviewed their position and realistically want the ability to construct one dwelling at a time. This application was approved 26th June 2012.
4.1 In terms of land use designation the application site is not designated for any site specific purpose under the 1982 Development Plan Order, with the entire site being within a wider area of land that classified as being of high landscape value and scenic significance.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of the planning application
4.3 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
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 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."
5.1 Lezayre Parish Commissioners do not object to the planning application and would like to suggest an extension of 2 years.
6.1 The principle issue in the determination of this application is whether there have been any Material Planning matters (i.e. Policy changes/ land used designations / Local Plan adoption etc) that have changed since the approval of the last application.
6.2 The applicants have indicated that they wish to extend the period, as due to the changing economic circumstances it has not been possible to secure adequate finance to undertake the development. They hope with the extension this will potentially help find a new investor.
6.3 Since the initial approval there have been no material planning changes which have arisen. The Isle of Man Development Plan Order 1982, Planning Policy Statement 3/91 and the Isle of Man Strategic Plan are still in force and have not been superseded. Furthermore, no objections have been received.
6.4 The Commissioners have indicated that they would like to see a 2 year extension. No reasons have been indicated why. Sometimes a shorter period can be used to ensure the development is undertaken, perhaps because the site is an eyesore or the buildings are consider essential for a particular use. However, in this cause the site is still being operated as a restaurant/café and is not a building site. Furthermore, the applicants are either trying to sell or find investment and reducing the time can sometime be counterproductive as investors/banks might be put off by the reduced time scales. Accordingly, it is considered for those reasons it is appropriate to extend permission of the application to commence by a further 4 years.
7.1 It is recommended that the application be approved.
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
Recommended Decision: Permitted
Date of Recommendation: 29.07.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
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.
No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Planning Authority and these works shall be carried out as approved. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of any of the proposed dwellings hereby permitted. All planting shall be carried out in accordance the approved details in the first planting and seeding seasons following that first occupation. Any trees or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the planning authority gives written consent to any variation.
Reason: To ensure the provision of an appropriate landscape setting to the development.
The landscaping scheme should include the blocking up of one of the two entrances within the eastern plot and such approved works should be carried out within one month of occupation of the dwelling houses.
Reason: To ensure the provision of an appropriate landscape setting to the development.
The roof(s) must be finished in dark natural slate.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 5.
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, extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval).
Reason: To control development in the interests of the amenities of the surrounding area. This approval relates to Drawings reference numbers RP1 REV B and Location Plan (1:500) all received on 30th June 2014.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted
Date : 29/7/14
Determining officer (delete as appropriate)
Signed : _____________________________ Chris Balmer
Senior Planning Officer
Signed : _____________________________ Michael Gallagher
Director of Planning and Building Control
Signed : _____________________________ Janinifer Chance
Head of Development Management
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