Planning Officer Report Recommendation

Officer's Report

Application No.:	13/00184/A
Applicant:	Clypse Farms Ltd
Proposal:	Approval in principle for erection of a replacement farm dwelling
Site Address:	Clypse Moar Farm Clypse Onchan Isle Of Man IM4 5BG
Case Officer:	Mr A Holmes
Photo Taken:
Site Visit:
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site comprises the residential curtilage of a detached dwelling known as Clypse Moar Farmhouse that is located within the Clypse area of Onchan.

The Proposal

1. The planning application seeks approval in principle for the erection of a replacement dwelling. The submitted application consists of the completed application form, location plan and site plan. The application does not specify that approval of any matters is sought at this stage, it is therefore assumed that all matters are reserved.

Planning History

1. The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.

Planning Policy

1. In terms of local plan policy, the application site is located within a wider area of land that is designated as open space under the Onchan Local Plan.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following policies that are considered specifically material to the assessment of this current planning application.

1. 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:

• (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
• (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current

situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;

• (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
• (e) location-dependent development in connection with the working of minerals or the provision of necessary services;
• (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
• (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage." 7. Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions 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:
• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10 ;
• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14." 8. Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
• (a) the existing building has lost its residential use by abandonment; or
• (b) the existing dwelling is of architectural or historic interest and is capable of renovation. In assessing whether a property has lost its habitable status by abandonment, regard will be had to the following criteria:
• (i) the structural condition of the building;
• (ii) the period of non-residential use or non-use in excess of ten years;
• (iii) evidence of intervening use; and
• (iv) evidence of intention, or otherwise, to abandon." 9. 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 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."

Representations

1. Onchan District Commissioners recommend that the planning application be approved.
2. The Department of Infrastructure Highways Division do not oppose the planning application.
3. The owners and/or occupants of Glebe Cottage, which is located in Maughold, question the need for agricultural justification and whether it would be subject to an agricultural worker occupancy condition.

Assessment

1. The planning application seeks approval in principle for the erection of a replacement dwelling, all matters are reserved. In terms of that principle it can be seen that the replacement of existing rural dwellings is a listed exception under General Policy 3 of the Isle of Man Strategic Plan 2007 to the presumption against development outside of areas zoned for development. This exception is further supported by the provisions of Housing Policy 4 and Housing Policy 7 of the Isle of Man Strategic Plan 2007. As such, the principle of a replacement dwelling accords with planning policy and is acceptable. The detail of any such replacement dwelling would be considered by a subsequent reserved matters planning application, which would be primarily assessed against the provisions of Housing Policy 14 of the Isle of Man Strategic Plan 2007.
2. In respect of the question of agricultural justification and the requirement for a condition restricting occupancy it is noted that the existing dwelling is not subject to any such condition. As there is planning policy that allows its replacement it is not necessary for the dwelling to be agriculturally justified and imposing an agricultural worker occupancy condition on a dwelling that replaces an existing dwelling with no such condition is generally held to be unreasonable.

Recommendation

1. It is recommended that the planning application be approved.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

Onchan District Commissioners.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Infrastructure Highways Division; and The owners and/or occupants of Glebe Cottage, Maughold.

Recommendation

Recommended Decision: Permitted

Date of 18.03.2013

Recommendation:

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 application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.

C 2. Approval of the details of siting, design, external appearance of the building, internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.

C 3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.

C 4. This approval is in principle only and relates to the erection of a replacement dwelling within the land defined by the red line on drawing no.s 1001/PL30 and 1001/PL31 date stamped the 13th February 2013.

N 1. It should be noted that the application for the reserved matters will be assessed against the provisions of Housing Policy 14 of the Strategic Plan.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 18.3.13

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : _________________________ Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager