Officer Planning Report

Officer's Report

Application No.:	12/01245/B
Applicant:	Ballamona Estate Limited
Proposal:	Erection of a replacement dwelling with garage block and landscaping
Site Address:	Ballamona House Oak Hill Port Soderick Isle Of Man IM4 1AT
Case Officer:	Miss S E Corlett
Photo Taken:
Site Visit:	22.11.2012
Expected Decision Level:	Planning Committee

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE DEVELOPMENT DOES NOT COMPLY WITH THE PROVISIONS OF HOUSING POLICY 14 AND IS RECOMMENDED FOR APPROVAL

The Site

1. The site defined in red is an area of almost 3 hectares (7.4 acres) of land within a larger area of around 47 hectares (100 acres) of land focusing on Ballamona farm buildings and stretching from Quine's Hill in the north east, the B23 Port Soderick highway in the south west and as far as and crossing over the steam railway line in the south east. To the north are residential properties - Cleveland, Ballaleshin, Cronk View, Cronk Rhenny Villas, 1, Cronk Rhenny Villas together with a recreational hall owned by Braddan Parish Commissioners.

1. The larger site, the estate, accommodates a range of buildings, accessed from two points - one at the north east where there is a small lodge building, and at the north where there is an access alongside Cleveland. This access has been the subject of a recent successful application for new walling and a bin store (PA 12/01069). The access with the gate lodge has been the subject of a recent application for a replacement lodge and alterations to the access: this application, PA 12/01067 is currently being deferred pending the receipt of further plans.

1. The buildings within the estate include a former mill which has permission for conversion to a private dwelling (PAs 10/01468 and 10/00340), estate offices formed through conversion of existing stone barns (PA 10/0339) and two dwellings, one of which has permission for alterations and extensions (PA 10/0493). The extensions to this property resulted in a dwelling which was not greater in floor area than 50% of the existing.

1. Permission has also been granted for the erection of stabling to the north of the main group of buildings on site (PAs 11/00489 and 11/00898).

1. The master plan accompanying this application shows, in addition to the already approved developments, shows a large equestrian development in the area to the west of the estate offices. This was previously shown in the master plans submitted with the previous applications, as equestrian and agricultural. This is the subject of a concurrent application - PA 12/01285. The area where the replacement house is proposed in this latest application is shown, is shown as "main residence" and "formal gardens".

1. The site is not easily visible and the buildings are largely screened other than a fleeting view across the site from the north west of the site where the farmhouse, the mill and estate offices may be seen if one looks in this direction. The site has many trees within it, along the entrance drives and in groups around the buildings on site. The character of the site is very much part of the open countryside with a cluster of buildings set amongst established trees.

The Proposal

1. Proposed is the replacement of an existing dwelling with a new one. There is not a formal curtilage of the existing dwelling, as the house is part of the farmholding. However, there is a clear distinction between residential land and agricultural land to the south of the dwelling, where the ploughed land starts some 30m to the south east of the rear elevation of the dwelling.

1. The proposed dwelling has associated formal landscaped grounds which extend 170m to the south east of the edge of the existing residential area associated with the existing farmhouse and the new formal gardens will be around 130m wide. The new dwelling will be over 20m to the south east of the existing dwelling and a garage block is to be built where the existing dwelling currently sits. A tennis court is to be created in front of the proposed garage block, a walled garden beside this with a long landscaped garden with rectangular pond 22.5m by 97m directly in front of the dwelling and separated therefrom by 56m length of lawn and a 15m deep patio with fountain feature. The landscaping is designed to be mostly symmetrical with enclosed gardens and significant expanses of lawn and regimented avenues of trees. Two small pavilions are proposed at the south eastern end of the main garden: these are 7.5m by 5.8m and 3.3m to eaves 3.8m to the top of the lantern light. The buildings are to be finished in stone to match the finish on the main house and that of the approved gate pillars and walls at the entrance to the site.

1. The existing house has a floor area of 520 square metres and is a hipped roofed dwelling with substantial chimney stacks in the principal roof. The house has a front entrance with pillars which enclose a front porch and there are numerous two and single storey annexes at the rear. The proposed dwelling has a floor area of 1683 sq m spread over three floors including a lower ground floor which is not perceivable from the front elevation. The proposed dwelling therefore represents an increase of 323%. The dwelling is finished in stone to match the other buildings and walling on the estate. It has a hipped roof set behind a stone parapet with five substantial chimneys set within the roof. The dwelling is symmetrical with a hipped roofed annex at each side at the rear. There are to be five bedrooms and living accommodation associated with that as well as a leisure suite at lower ground floor level and office accommodation in the ground floor of the north eastern wing.

1. A garage block is proposed around the footprint of the existing dwelling. This is to be 22m long, up to 8.5m wide and 6m high with accommodation (storage) above. Again, the building will be designed and finished to match the main house, pavilions and walling around the estate. The garaging will accommodate up to six vehicles and there is also a "cart barn" - a rustic car port-type structure alongside. The cart barn sits between the garage and the farmhouse which is being refurbished and extended, effectively providing a link between the main house and the refurbished farmhouse.

Planning Policy And Status

1. The site lies within an area designated on the Braddan Local Plan of 1991 as Open Space (Agricultural). This plan also indicates that any land which is not designated for development is to be considered as High Landscape Value and Scenic Significance. On the Town and Country Planning (Development Plan) Order 1982 the site also lies within an area of Woodland within a wider area of High Landscape Value and Scenic Significance.

1. As the site is not designated for development, the provision within the Strategic Plan for the replacement dwellings is set out at Housing Policy 14 which 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."

1. The site lies within the Douglas Head draft Landscape Character Appraisal area of Incised Slopes. Here, the following advice is provided:

"4.5 Type D: Incised Slopes

The overall strategy for the protection and enhancement of the Incised Slopes Landscape Character Type is to conserve and enhance: the remote and rural character; the relatively sparse settlement pattern of traditional hamlets and scattered farm buildings; the network of sunken and enclosed rural roads; and the substantial hedgerows and sod banks dividing irregularly-shaped pastoral fields.

Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:-

• (a) Care should be taken to ensure that housing and business development does not detract from the distinctive identity and setting of settlements, and avoids coalescence with other settlements within this Landscape Type;
• (b) The design and layout of new housing and business development should include appropriate native structure planting to soften urban edges and enhance the transition to the wider landscape;
• (c) Approach routes, key views, and gateways to settlements within these landscapes should be enhanced;
• (d) Linear development along roads from settlements that extends urbanising influences into the wider countryside should be avoided;
• (e) The use of local vernacular building styles and materials should be encouraged;
• (f) New farm buildings that would compromise the pattern and scale of farmsteads across the undulating Incised Slopes landscapes should be discouraged;
• (g) Care should be taken to minimise loss of hedgerows, sod banks, and other distinctive boundary features along road corridors;
• (h) Tourist-related development, such as camp-sites, should avoid visually prominent locations, particularly those which can be viewed from higher land and those which would extend urbanising influence along the coast;
• (i) Care should be taken to avoid the suburbanisation of river valleys and stream corridors;
• (j) Tall vertical telecommunications masts or structures which detract from the sloping landform or create visual clutter should be avoided."

General Landscape Character advice is provided at the start of the document, which states:

"3.3 Housing and Business Development Issues:

3.3.1 Siting: The character of the wider landscape may be affected by visual intrusion. This will occur where a site is prominent because of limited screening from topography or vegetation, or where the siting and layout of a development conflict with landform or with existing landscape patterns and characteristics. This sort of development should be avoided.

3.3.2 Design: Development must be properly integrated into the landscape in terms of scale, materials, architectural style, engineering works, and landscaping. Landscape features such as trees, hedgerows, sod banks, and traditional stone walls which are important to landscape character should be retained.

3.3.3 Landscape character in and around settlements: New development in and around existing settlements may affect their distinctive landscape settings, including key approaches to the settlement, inward and outward views, woodland, trees, river corridors, and open spaces. This will, in turn, affect the wider landscape. Design, particularly of structure planting, should address these key landscape elements."

Planning History

1. Aside from the developments listed above, there are no applications for this site which are considered relevant to the consideration of this particular application. There are, however, two relatively recent applications for replacement dwellings in the vicinity of the site, which should be noted.

1. PA 11/0871 proposed a replacement of an existing dwelling at Bay View on the southern side of the road as one proceeds out of Ballaveare towards Crogga. This involved the replacement of a relatively modern chalet style bungalow with a more traditional two storey dwelling set back further into the site. The increase in floor area in that case was around 200% and the new dwelling would be further into the field than the existing, the residential curtilage was to be extended and a new access was proposed. The Inspector in that case considered that the case rested on the effect that the proposal would have on the character and appearance of the countryside, having regard to the policies of the Strategic Plan and concluded that, having regard to Housing Policy 14, the proposal would be substantially different from the existing in both siting and size and that this did not comply with HP14 as the resultant dwelling did not provide an environmental improvement as the very substantial area of driveway would be evident and prominent and the dwelling itself would be evident from the south, south east and south west and would as such have a greater visual impact that the existing. The extension of the residential curtilage was also considered to have a materially harmful visual impact on this part of the countryside.

1. PA 11/01551 proposed the replacement of a dwelling on a six acre site where the existing dwelling was 32m from the road. The dwelling had been altered over time such that it was agreed that the dwelling was currently of poor form. The increase in floor area was agreed as being 228% over the floor area of the existing dwelling and 142% over the existing dwelling and barn. The Inspector concluded that the bulk and massing of the new dwelling would be far more visually intrusive on this Port Soderick site than the existing house. He adds, in any case landscaped features along, no matter how extensive, only help to screen a proposal from view, they cannot negate its actual physical presence or its 3-dimensional effect and comments that the proposed dwelling would be "distinctly noticeable" (paragraph 43) and concludes that the dwelling would be an inappropriate and obtrusive addition in this particular location and agreed with the Planning Authority that it would be detrimental to the character and appearance of that part of Port Soderick. He also concluded that whilst a "scholarly design in a classical Georgian tradition" this was not a "more traditional" design as required by the policy.

1. It is clear in both of these cases that not only were the provisions of HP14 to be followed, but also the resultant effect on visual impact and the character of both sites which measured the harm which would be brought about by the proposal.

Representations

1. The Highway Authority indicates that it has no objection to the application.

1. Braddan Parish Commissioners indicate that they do not oppose the application.

1. Manx National Heritage expresses concern at the application in terms of the change of character of the existing to the proposed dwelling and the lack of policy support for such a change. They do not consider that the dwelling is incompatible with its surroundings. They consider that the dwelling will be visible from the steam railway, the public footpaths which skirt the site and from land which is vested in them. It is concerned at the loss of the existing dwelling which they consider is worthy of consideration for Registration. It notes that there is no provision for archaeological investigation or protection, no provision for mitigation and no assessment of the architectural and historical value of the existing dwelling to be replaced.

1. One of the Trustees of Manx National Heritage writes in independently and distances himself from the comments made by Manx National Heritage, stating that the application is "a magnificent proposal" and fully supports the application. He considers that the Island is lacking in such properties and that it can only be good for the Island, the construction industry and the Island's reputation as a place within the British Isles for creating homes of such magnitude. He considers that the objection expressed by Manx National Heritage "contrary to the publicly declared policy and the will of Tynwald in encouraging these kind of developments."

Assessment

1. The applicant in this current case makes the point that whilst there are many examples of existing or aspiring houses in a parkland setting, as perhaps is described in Planning Circular 8/89, there are few true estates which provide ancillary buildings to accommodate staff, services and machinery required to maintain the estate, and a distinct principal residence set in formal landscaped grounds. They clarify that as early as 1896, the mill, outbuildings and principal house were in existence as part of a quarterland holding. The site was occupied at one time by Armitage Rigby, notable local architect. The stone barns which have been converted to estate offices, were understood to have been rebuilt by the Germans during the War and there is a small thie veg whose design is understood to have been influenced by Armitage Rigby and is to be retained. The proposal keeps all of these elements together as one holding - previous proposals may have resulted in the different parts of the site being separated in ownership and function.

1. The applicant describes the character of the surrounding Quine's Hill area as having a simple linear character which they suggest would be unaffected by the proposal and that the views of the existing buildings would not be significantly altered. They describe an "estate" as "the houses and outbuildings and supporting farmland and woods that surround the gardens and grounds of a very large property, such as a country house or mansion. It is the modern term for a manor, but lacks the latter's now abolished jurisdictional authority" (Wikepedia). The various buildings around the site are to be used as estate laundry, gun room, estate kitchen, wine store, entertaining room, estate offices and staff accommodation (barns), accommodation for global business associates (mill), guest house for extended family and friends (farm house) and staff accommodation (gatehouse).

1. They explain that the inclusion of the adjoining field does not accord with the policy to prevent any further intrusion into areas designated as open space. However, they explain that a dwelling of this size would generally be accompanied by and set into formal landscaped grounds. They state that the field in question is not currently farmed by the tenant farmer. The majority of the farmland is to be turned over to pastoral/equestrian use with parkland and the fields alongside the A25 used for arable purposes.

1. The applicant describes the existing dwelling as having been extended over the years with little thought to the overall appearance, character or layout. They describe it as having some architectural merit but the front elevation, which is the most interesting, is not discernible by the public. They suggest that in discussion with the Conservation Officer, this building was not considered to be of any particular historic importance. They refer to Planning Circular 8/89 which guides the development of Low Density Housing in Parkland and which describes such development as making a "positive contribution to public amenity" (paragraph 3).

1. The applicant has undertaken a bat survey and does not believe that there are any bats roosting on the site. They have also undertaken a flood risk assessment. Whilst the applicant fully accepts that the floor area greatly exceeds that provided for in HP14 they suggest that the depth of the proposed dwelling is not dissimilar to that of the existing dwelling and that manor houses would traditionally have had garden walls on each side, thus giving the impression of a greater massing of building than was actually the case. The applicant considers that the scale of the proposed dwelling is appropriate for the scale of the Estate and has studied existing estate properties on the Island, including Ballacomish House, Bishopscourt, Billown Mansion House, Arragon House and The Nunnery. Ballamona House as proposed would sit in a greater estate area than all of the properties referred to but would be smaller in footprint than Bishopscourt, Billown Mansion House, Arragon House (which had the largest footprint of the properties referred to) and marginally smaller than The Nunnery. As the site acreage is greater, the proposed dwelling occupies a smaller proportion of the overall site than all of the sites referred to. The applicant draws a contrast between the current proposal and the recently refused proposal at Ballaveare referred to above, by comparing the site area and pointing out that that site lay in a row of properties and on a narrow site. They describe the opportunity to create "a true estate".

1. The applicant describes the influence on the design of maximising solar gain as well as allowing the fenestration to be positioned to take full advantage of coastal views. They also refer to the draft Landscape Character Appraisal document referred to above. They explain the evolution of the estate to the existing proposal as reflecting the desires and aspirations of the relevant owner in response to changing economic demands, social standing and fashions. "Just as it could be assumed that each farming generation would have wanted to "put their mark" and leave their legacy on [the] estate the current owner of the site wishes to make the site their own whilst being respectful of the site's heritage, creating an estate that over time will become an important property on the Island" (paragraph 6.5.6).

1. In terms of design, the applicant describes this as "a classically proportioned, understated Palladian influence aesthetic" which they consider is appropriate for the site. They go on to describe "the architectural style provides an elegance of built form with no ostentatious detailing or grand overtones. The predominant characteristics are elegant proportions of fenestration and columns, the overall effect being one of restrained grandeur...the overall styling and embellishment will be restrained so not to overpower the more rustic architectural aesthetic of the existing buildings". They note that the local authority was of the view that more modern buildings added to the group would be inappropriate. The applicants consider that the use of buff grit stone complements the pale coloured rendered properties on the Island.

1. Existing woodland will be reinforced, new Manx banks have already been introduced incorporating bird and insect habitat and planting chosen to support biodiversity. The applicant intends to have small numbers of specialist livestock, managed orchards, vegetable and herb gardens and parkland.

The applicant provides photomontages taken from views from the north west which illustrate that the proposed dwelling will be situated behind an existing tree belt and not visible (unlike the existing dwelling).

1. The applicant believes that they have created a sustainable development though the orientation and siting of the property to take advantage of the slope and prevailing weather and shelter and designing a dwelling which can maximise the use of natural daylight rather than artificial lighting. Hot zones, such as the kitchen have been positioned relatively centrally to allow the heat to escape to other parts of the dwelling. The construction itself will include high levels of thermal insulation, air-tight construction, low maintenance materials, use energy efficient white goods and lighting. There are opportunities for PV ground mounted panels, rainwater harvesting facilities, composting around the garden. No mention is made of ground source heating which could be provided as part of the significant landscaping proposals. This would not require planning permission as it is now permitted development if the residential curtilage is approved as proposed.

1. The applicant confirms that his client specifically purchased the Ballamona estate with the intention of creating an estate, rather than choosing an isolated location outside of an established settlement. The estate will employ a handyman, gardener, cleaner, equestrian support, estate management, farming staff and stable staff. Local employment will be sourced where available for the construction of the dwelling.

1. Following the correspondence from Manx National Heritage, the application has submitted further supporting information, addressing the comments made. They express regret at not having consulted Manx National Heritage prior to submitting the application, and have since met with representatives of the Trust to discuss a way forward. They reiterate that the overall proposals for the site have been shown on every application submitted recently for the site and with no adverse comments thereon. They reject the suggestion that the development will be seen from the Marine Drive or the steam railway line or coastal footpaths due to differences in topography, nor is it particularly visible from the sea (the applicant has viewed the site therefrom). They accept that there may be a view from the air but that the existing and proposed tree planting will mitigate this. They do not believe that the character of the landscape will be affected by this proposal.

1. They consider that whilst the main elevation of the existing house is geometrically symmetrical the other parts of the dwelling have been subject to poorly designed and executed extensions. They confirm that the Conservation Officer was consulted prior to the scheme being drawn up and that he had no objection to the loss of the house and did not consider on the basis of the information available at the time, that the dwelling was worthy of Registration.

1. Whilst lighting is not shown on the drawings, it is their intention to minimise light intrusion, supporting the recent designation of Port Soderick as a Dark Sky Discovery Site (October, 2012).

1. They have likened the site to an English manor site, as there are few if any comparable sites on the Island, and equating the Manx quarterland farmhouse as an English manor house.

1. They acknowledge the existence of archaeological features but as none was within the curtilage of the proposed dwelling, did not feel that an archaeological assessment was necessary. The applicant would be happy to undertake an archaeological assessment by a specialist third party in collaboration with Manx National Heritage. The applicant has been provided with "A Brief for Archaeological Evaluation" and has requested tenders from a selection of companies.

CONCLUSION

1. The proposal is clearly contrary to Strategic Plan policy. However, for the type of development proposed, which does exist on the Island in the form of the Nunnery, Billown Mansion House, Bishopscourt, there are no policies which would support such new

development, despite such developments existing and forming part of the character and evolution of the Manx landscape. The most closely comparable examples of new developments of this scale would be Ballacomaish in Ballabeg, even though this is a smaller scale site, and Ballaseyr/Ballavoddan in Andreas which was approved, again contrary to policy, in the early 1990s with a large house and equestrian facility.

1. Whilst the proposal is contrary to policy, there would be little in the way of harm resulting from the proposal due to its position and topography of the site. The estate has changed in recent times from a typical farm based upon historic buildings, to a range of accommodation using the existing buildings akin to an estate focusing upon the buildings and their uses and with a proposal for a sizeable equestrian facility (see PA 12/01285). The nature and character of the site focusing upon the buildings and their use has not changed nor will it as viewed by the public as a result of this proposal. The opportunities for such a development where there would be so slightly an impact on public amenity and where a dwelling of this size and character could be accommodated are limited and for these reasons it is recommended that an exception should be made to the policy against such a large replacement dwelling in the countryside and the application is recommended for approval.

Party Status

1. The local authority, Braddan Parish Commissioners, is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. Manx National Heritage is a statutory authority which raises material planning considerations and should be afforded party status in this case.

1. The individual Trustee of Manx National Heritage is not a statutory authority in his own right and is not directly affected by the proposal and as such should not be afforded party status in this case.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 07.01.2013

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1.

The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2.

This permission relates to the replacement of the existing dwelling and creation of new house with associated garaging and landscaping all as shown in drawings P001, P002, P101, P102, P103, P104, P105, P301, P302, P303, X001, X002 and X101 all received on 10th September, 2012.

C 3.

Prior to the commencement of building works on site, a lighting plan must be submitted to and approved by the Planning Authority showing all proposed lighting within the site, associated with the dwelling and the lighting implemented in accordance with this drawing.

C 4.

Prior to the commencement of any works on site, there must be submitted to and approved by the Planning Authority a scheme for the evaluation of the site for archaeology and a method statement for dealing with any finds of interest or importance and any necessary mitigation. The development must be undertaken in accordance with the approved methodology.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : A Committee Meeting Date : 28-1-13

Signed : S. R. L. L. L. L. L. L. Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☐ YES ☑ NO