DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01077/B Applicant: Mr Daniel Potts Proposal: Construction of a single detached dwelling with associated car parking and external space Site Address: Vacant Plot (formerly Fern Lea) Land South Of Ballakilley Cottage & 1 Ballakilley Close Ballakilley Hill Bride Isle Of Man IM7 4AT Planning Officer: Mr Paul Visigah Recommended Decision: Refused Date of Recommendation: 09.02.2024 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The cumulative impact of the siting, mass (scale and form), and utilitarian and unattractive design of the proposed dwelling is considered to result in an incongruous development with negative impact on the site character, contrary to General Policy (b) and Strategic Policy 5 of the Strategic Plan. - R 2. Due to the overall design, proportion, and block design, the proposal would fail to relate effectively with the locally distinctive patterns and form of development in the immediate vicinity, creating an incongruous feature that does not respect the character of the area or reinforce the dominant architectural styles in the area. The proposal also fails to replicate a modern approach to creating a dwelling on site, given its generally uncharacteristic bland design which is neither modern nor innovative. The proposal is, therefore, considered to be at variance with the character and identity of the locality and townscape, contrary to Environment Policy 42, General Policy 2 (b, c and g), and Paragraph 7.34.1 of the Strategic Plan. - R 3. It has not been demonstrated that the development could be undertaken without creating significant adverse impact on the biodiversity of the site, or that appropriate mitigation could be carried out to manage ecological impact resulting from the development, due to the lack of ecological information. It is therefore, considered that the nature of the proposed development, coupled with the lack of ecological information to address biodiversity concerns would be contrary to the requirements of General Policy 2 (d) and Environment Policy 4 of the Strategic Plan, as well as the Habitat Loss Action 21 of the IoM Government Biodiversity Strategy (20152025). _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site comprises a triangular parcel of land located within Bride Village. The site sits on the western side of the main road heading into the village part way between the junction with West Kimmeragh Road and Bride Church. Until recently the site contained an uninhabited dwelling (formerly Fern Lea), but that has since been cleared. - 1.2 This site which sits between Ballakilley Cottage & 1 Ballakilley Close, Ballakilley Hill is situated within an immediate street scene and vicinity comprising mainly traditional styled dwelling identified by their steeply pitched roofs, prominent chimneys, symmetrical windows on the front elevations, slate or concrete tile roof finishes, and rendered or Manx stone finishes on the external elevations. There are no prominent flat roofed roofed outbuildings or garages in the immediate vicinity. - 1.3 The dwellings within Ayre View Bride which comprises mainly modern dwellings relative to most of the dwellings here also bear prominent traditional features. The only odd dwelling within the immediate vicinity is the Bride Cottage which is constructed from brown-stained horizontal wooden boarding at street level, and white painted render at ground floor level, under a pitched metal standing seam roof. This dwelling also does not have a chimney like its neighbours. Likewise, the dwellings 'Bride Tea Rooms' that sits at the junction between Bride Road and Cranstal Road, which is a modern dwelling finished in pebble dash render has a steeply pitched roof, prominent chimneys on its gables, and window size and proportions that are reflective of the dominant fenestrations in the area, even though the style is modern.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for construction of a single detached dwelling with associated car parking and external space. The proposed dwelling is a two storey flat roofed dwelling with large glazed full height windows running along most of its front elevation on the ground and first floor. The dwelling would also have an almost full length glazed balcony finished in Aluminium balusters and handrails with opaque glass infill panels affixed to its front elevation. At the rear there would be three symmetrical windows on the first floor, with a single door on the ground floor. - 2.2 The external walls of the dwelling are to be finished in self-coloured smooth render in white, while its flat roof would be finished with zinc/polyester powder coated aluminium standing seam system. All bi-folding, entrance doors and frames, and window units are to be polyester powder coated Aluminium finished in anthracite grey, and windows - 2.3 The internal layout of the dwelling would provide for an open plan kitchen/living/dining area, a hall with WC, and utility on the ground floor. While the upper floor would house two bedrooms (one with dressing and ensuite), and bathroom. - 2.4 Two parking spaces would be created on site, although the site would be able to accommodate three parking spaces, with the southern parking allowing for tandem parking for two cars.

2.5 Surface water run-off would be to a soakaway within the rear garden, while foul sewage would be discharged to existing sewer. No trees would be removed on site to facilitate the development.

3.0 PLANNING POLICY - 3.1 Site Specific

• 3.1.1 The application site is within an area recognised as being within 'predominantly residential' use under 1982 Development Plan, and the site is not within a Conservation Area. The site which sits within the settlement boundary of Bride is not within a Registered tree area, has no registered trees on site, and is not within an area prone to flood risks.

3.2 National: STRATEGIC PLAN (2016)

• 3.2.1 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant in the assessment of the application:

• a. Strategic Policies 1, 2, and 5 - relate to re-use of existing sites, and good design.
• b. Strategic Policy 10 - New development to be located and designed to promote a more integrated transport network.
• c. Housing Policy 4 - deals with the location of new housing on the Island.
• d. Housing Policy 6 - Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan or criteria in paragraph 6.2 of this Plan.
• e. Environment Policy 42 and Strategic Policy 3 - character and need to adhere to local distinctiveness.
• f. General Policy 2 - general standards towards acceptable development.
• g. Environment Policy 4 and 5 - protects biodiversity (including protected species and designated sites).
• h. Transport Policies 2, 4 and 7 - need for appropriate and safe highway provisions.
• i. Community Policy 7, 10, and 11 - designed to help prevent criminal activity and prevent outbreak and fire spread.
• j. Spatial Policy 4 - Requires development in Bride to maintain the existing settlement character and be of an appropriate scale to meet local needs for housing and limited employment opportunities.
• k. Paragraph 7.34.1 "Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses…In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to:

• i. be of a high standard of design, taking into account form, scale, materials and siting of new buildings and structures;
• ii. be accompanied by a high standard of landscaping in terms of design and layout, where appropriate;
• iii. protect the character and amenity of the locality and provide adequate amenity standards itself;
• iv. respect local styles; and
• v. provide a safe and secure environment."

- 4.0 OTHER MATTERIAL CONSIDERATIONS

4.1 Regard will be given to the recently released Residential Design Guidance 2021 in development of new dwellings. - 4.2 IOM Biodiversity Strategy 2015 to 2025 seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary. Section 21 deals with Habitat loss actions through promoting a

policy of 'no net loss' for semi-natural Manx habitats and species and to ensure that unavoidable loss is replaced or effectively compensated for.

- 5.0 PLANNING HISTORY

5.1 The application site has been the subject of three previous planning applications that are particularly relevant in the assessment and determination of the current application.

• a. PA 08/01339/A - Approval in principle for the erection of a replacement dwelling. Permitted 25th September 2008.
• b. PA 12/01349/B - Erection of a dwelling to replace former dwelling. Permitted 6th November 2012.
• c. PA 19/01437/B - Erection of a dwelling with associated parking and vehicular access. Permitted 20th January 2021.

5.2 All the dwellings that have been designed and approved for the site have been traditional dwellings, which mirror the traditional character of the dwelling that once existed on site, and to reflect the general character of the immediate locality.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 DOI Highways find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking, subject to parking and vehicle turning, and access visibility conditioned as per approved plans to be implemented before occupation of the site (22 September 2023). - 6.2 Bride Commissioners and neighbouring dwellings have not made any comments on the application.

7.1 The fundamental issues to be considered in the assessment of the current application are:

• a. The potential visual impact on the site, street scene and townscape;
• b. The potential impact on neighbouring properties;
• c. Impacts on Parking and Highway Safety;
• d. Ecological Impacts;

7.2 As has already been established in other approvals granted for the site, the principle of the proposed residential development of the site would be acceptable, given that the site is zoned for residential use and would be compatible with adjoining uses and conform to the general use of the area. Likewise, the site is within the settlement boundary and adjacent to and surrounded by existing residential dwellings, and is situated close to existing public transport routes, or where public transport facilities are, or can be improved, thereby reducing the need to use private cars and encouraging alternative means of transport. While this does not signify a presumption in favour for all forms of housing development, it points to the fact the proposal would generally accord with the Strategic Plan goals for new housing on the Island. Therefore, in terms of the acceptability of the use of the site for residential development, it is concluded that the proposal basically accords with the goals of Strategic Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2016. - 7.3 Visual Impact on the Site and Immediate locality (GP 2, STP 3, EP 42, & RDG 2021)

• 7.3.1 In assessing the visual impact of the proposed development, General Policy 2 paragraphs b, c & g are relevant, as well as Environment Policy 42. General Policy 2 essentially seek that any development respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them, while not affecting adversely the character of the surrounding landscape or townscape or the character of the locality. As a result, it is key to ensure new developments are appropriate and in keeping

• with the character of the area. In the case of the current proposal, it is considered the proposal fails to align with any of these policies, as the building is essentially a large two storey block with little architectural interest; which would not pass for either a traditional or contemporary dwelling.
• 7.3.2 It is also noted that the site sits in a very prominent position within Bride, and on one of the main routes in and out of Bride, making the building apparent from key vantage points within the street scene; a situation that exacerbates its poor form, external appearance, and use of materials. Therefore, it is considered that the proposed dwelling which has little if any architectural interest, would be inappropriate for the site and immediate locality. This hinged on the fact that it would stand out uncharacteristically due to its scale and block design which would be unmatched in the vicinity.

• 7.3.4 Granting the Strategic Plan does not support a slavish following of past design idioms, evolved for earlier lifestyles which can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation, the Plan is clear in its stance that new developments should take into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors within their immediate locality and these are clearly articulated in Strategic Policies 3 and 5, Environment Policy 42, General Policy 2 (b, c, and g), and well as Paragraphs 4.3.8 to 4.3.11 of the Strategic Plan. In addition, the Residential Design Guide which gives clarity to design elements of the policies highlighted above comments that new residential development should consider local distinctiveness, and that new residential development should be informed by the best qualities of our existing residential areas; conditions which the current proposal would fail to align with given the generally uncharacteristic bland design of the proposed dwelling.

• 7.3.4 Whilst there are some poorly designed dwelling in the immediate street scene, these does not reinforce the general character of the locality, and as such are not examples of forms that should be replicated. Moreover, promoting developments that would continue to reinforce these poor designs or perpetuate forms of development that have served to compromise the character of the locality will not be in the general interest of the area. To reinforce this position, Paragraph 3.1.8 of the RDG 2021 which echoes the requirements of Paragraph 4.3.8 of the Strategic Plan (that focuses on the design of new development) stipulates that "if the context to a development has been compromised by earlier development, this should not be seen as a reason to perpetuate what has been done before", whilst also requiring that "opportunities should be sought to deliver high quality sustainable development that reflects up-to-date technologies and aesthetics and creates a strong sense of place"; conditions which the current scheme seeks, but fails to replicate in its approach to achieving modernity.
• 7.3.5 The comments made by the applicants in their Design Statement that they seek to follow a more modern approach to the overall construction and appearance with the current scheme is noted. However, it would be difficult to argue that the proposed design represents a more modern interpretation of architecture, given that the design is somewhat basic and does not incorporate a good blend of materials which serve to define the linear elements common with modern dwelling designs, and it is not wholly striking or innovative in terms of the features it offers. Besides, having a flat roof and large glazing on a prominent elevation would not pass for a contemporary design, as although the large glazing's would serve to enhance the energy potential of the dwelling, the overall design would contribute little in the form of architectural benefits to the area. Moreover, traditional designs could also incorporate large areas of glazing on less prominent elevations to improve energy efficiency, whilst retaining their traditional styles, and these do not make them contemporary in any way.
• 7.3.6 Overall, it is considered that the scheme would alter considerably this part of the locality and result in detrimental impacts on the character of the locality and townscape, by introducing a noticeable two storey flat roofed building which does not respect the character of the locality or serve as an innovative addition to the locality. It must be emphasized that the

development does not respect the traditional character of the area or introduce a building that is truly modern and innovative. Therefore, it is judged that the proposal would be contrary to General Policy 2 (b, c, f, & g), Environment Policy 42, Strategic Policies 3 (b) and 5, and Paragraphs 3.1.1 to 3.1.8 of the Residential Design Guide 2021.

7.4 Impact on Highway Safety (General Policy 2h & I, TP's 1, & 7, & SP 10)

• 7.4.1 In terms of impacts on highway safety, it is considered that the access alterations including visibility would be appropriate for the site and the single dwelling proposed for the site, and would offer safe access onto the existing highway and as such is acceptable.

• 7.4.2 With regard to off road parking, the dwellings would have at least 2 spaces provided within the site, which would meet the requirements of Transport Policy 7 as stipulated within Appendix 7 of the IOMSP. Additionally, the site is within walking distance to public transport corridors within Bride, which increases the public transport options available to future occupants.
• 7.4.3 Equally, Highway Services have assessed the proposal and find it to have no significant negative impact upon highway safety, network functionality and /or parking, and raise no objection to the proposal subject to access visibility being conditioned as per approved plans to be implemented before occupation of the site. Therefore, it is considered that this element of the scheme complies with the requirements of the aforementioned policies.

7.5 The Potential Impact on Neighbouring Properties (GP 2 & RDG 2021)

• 7.5.1 In terms of the potential impact upon neighbouring properties, it is considered that the site abuts two neighbouring properties; The Grange to the west, and The Cedars, 1 Ballakilley Close to the northwest. However, given the intervening mature vegetation on the boundary with these neighbours, the raised bank on the west and east elevations, as well as the distance between the fenestrations on the proposed dwelling and those on neighbouring properties (which is about 23m at the closest), it is not considered that the development would pose concerns to nearby dwellings in terms of overlooking, loss of light and overbearing impacts.

7.6 Impacts on Biodiversity (GP2, EP4 & EP5)

• 7.6.1 In terms of potential impacts on site ecology, it is considered that the proposed building area has already been cleared of vegetation, with the bare nature of this part of the site considered unsuitable to support viable biodiversity. However, the completed dwelling would bring the dwelling closer to the existing mature landscaping on the site, as the proposed garden area would be set within a part of the site now occupied by mature landscaping (which has been undisturbed for some time), with future domestication of the site serving to exacerbate this concern.

• 7.6.2 Additionally, no ecological information has been provided to clearly articulate the ecological potentials within the site, or the likely impacts that could result, given that the site has been devoid of a building for a long time, which would offer opportunities for colonisation by biota existing within the immediate vicinity which has significant vegetation, with intricate links with the surrounding countryside also evident. It has also not been demonstrated how mitigation would be made for any loss of biodiversity at the site.
• 7.6.3 Furthermore, the Isle of Man Biodiversity Strategy seeks to promote a policy of 'no net loss' for semi-natural Manx habitats and species and to ensure that unavoidable loss is replaced or effectively compensated for. In this case, it is considered that the scheme will result in further removal of habitats within the site, with the proposal not detailing the extent of impacts that would result or the measures that would serve to re-integrate the displaced biota on site. As such, it is not considered that there is sufficient information to ascertain the real impacts, extent or severity of any impacts resulting from the proposal on biodiversity within the site and area.

- 8.0 CONCLUSION

8.1 The following issues weigh in favour of the proposal; the zoning of the area for residential development, the acceptable highway safety elements, as well as the acceptable impacts on neighbouring amenity. - 8.2 Equally, the potential adverse impacts upon the visual amenities of the area and townscape, as well as the lack of ecological information to effectively ascertain the potential ecological impacts or possible mitigation measures required to ameliorate for adverse ecological impacts weigh against the application. - 8.3 Overall, it is considered that whilst there are factors which weigh in favour of the proposal, the fact that the development does not respect the character of the site and locality to which it is to be established, and lack of ecological information to ensure the protection of biodiversity within the site and adjoining mature vegetation would result in the proposal failing the requirements of General Policy 2 (b, c, d & g), Environment Policies 4 and 42, Strategic Policies 3(b) and 4, and Paragraph 7.34.1 of the Strategic Plan, as well as the principles promoted by the Residential Design Guide. The application is, therefore, recommended for refusal.

- 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by the Acting Head of Development Management 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

Decision Made : Refused Date : 19.02.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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