Planning Officer Report Recommendations

Planning Officer Report And Recommendations {{table:378246}}

Officer's Report

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 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:

1. Planning approval for the erection of two dwellings within the application site was granted on the 4th May 1951 through previous planning approval 7939. Whilst the location of the existing dwellings and this previous approval is the same the actual design approved differs from the dwellings that actually exist on site. However, given how long these dwellings have been there they have since become lawful. There have been no subsequent planning applications for the application site that are considered material to the assessment of the current planning application.

1. Planning application 12/00579/B sought planning approval in principle for the erection of two dwellings on a wider area of land that included the application site for the current planning application. This previous planning application was refused on the 29th May 2012. A subsequent appeal against the refusal was dismissed, with the appeal refusal issued on the 11th October 2012.

Planning Policy

1. In terms of local plan policy, the application site is located within a wider area of lands that are designated as i) open space; and ii) land that is designated as unsuitable for development owing to a danger of pollution of an existing or future public water supply 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." 9. 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." 10. 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." 11. 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 2 Clypse Moar Cottages, which is one of the two dwellings contained within the application site, object to the planning application. The grounds for their objection can be summarised as belief that there is no need to replace the existing dwellings and concern that the construction of new dwellings would be harmful to the area.
4. The owners and/or occupants of Glen Rosa, which is located approximately 600 metres south of the application site, object to the planning application. The grounds for their objection can be summarised as concern that the application site is within an area of land identified as being unsuitable for development due to a danger of pollution of an existing or future water supply, that an increase level of traffic generation would be harmful to highway safety, and that the cottages should be retained for farm workers. They advise that the application site is very wet and that there was a large pond where the proposed dwellings are shown.
5. The owners and/or occupants of Glebe Cottage, which is located in Maughold, question whether The Clypse is really a hamlet and whether hamlets are going to be allowed to grow.

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. Reference has been made to the refusal of previous planning application 12/00579/B. However, the current planning application is materially different to that previous planning application insofar as the application site is significantly reduced and is now the same as the overall residential curtilages for the two existing dwellings, it does not include the field behind the dwellings. The change in application site, and therefore a restriction to replacement dwellings being on the site of the existing dwellings, addresses concerns that lead to the refusal of the previous planning application. Initial refusal of the previous planning application on the grounds that would increase the possibility of pollution of an existing or future public water supply were dismissed as part of the subsequent appeal decision, there is no reason to not accept that decision. Comments made on whether The Clypse is a hamlet and whether hamlets should be allowed to grow are not understood. The planning application proposes replacement dwellings that are an allowed exception to development in the countryside under planning policy. Assessment, and approval, of the planning application is not based on a case that The Clypse is or is not a hamlet.

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; and The owners and/or occupants of 2 Clypse Moar Cottages.

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; The owners and/or occupants of Glen Rosa; and The owners and/or occupants of Glebe Cottage.

Recommendation Recommended Decision: Permitted Date of Recommendation: 19.03.2013 Conditions and Notes for Approval / Reasons and Notes for Refusal

• C : Conditions for approval
• N : Notes attached to conditions
• R : Reasons for refusal
• O : 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 buildings, 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 two replacement dwellings within the land defined by the red line on drawing no.s 1001/PL40 and 1001/PL41 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: 19.03.2013 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