DEC Officer Report
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No.: 23/01053/B Applicant: Mark And Elizabeth Heard Proposal: Extensions and alterations to existing dwelling Site Address: Craig Mooar Summerhill Road Jurby Isle Of Man IM7 3BR Planning Officer: Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.05.2024
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
- C 1. 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
- C 2. Prior to the removal of the roof tiles, a Preliminary roost assessment by a suitably qualified ecologist shall be submitted to and approved in writing by the Department, as the roof holds the potential to house roost features for bats, and is due to be removed. The development shall not be carried out other than in accordance with the submitted Preliminary Roost Assessment and mitigations therein.
If the existing roof tiles are removed by hand, such removal shall not be carried out between April and August, to ensure that potential maternity roosts are not impacted be the development.
Reason: To provide adequate safeguards for the ecological species existing on the site. N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025. You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason.
The proposed development is considered to amount to appropriate extensions to a property in the countryside with traditional and non-traditional features, without detriment to the character and appearance of the site or wider landscape. The proposals are therefore considered to broadly comply with Housing Policies 15 and 16, General Policy 2, and Environment Policies 1 of the Strategic Plan (2016).
Plans/Drawings/Information; This decision relates to the documents and plans:
- o Location Plan, Site Plan, and Existing Plans and Elevations, received 4 September 2023; and
- o Photographs, Bat Survey Report prepared by the Manx Bat Group dated 18 January 2024, Proposed Plans and Elevations, and Site Plan & Trees, received 8 February 2024. _______________________________________________________________
Interested Person Status
Additional Persons
None _____________________________________________________________________________
Officer’s Report
1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of Craig Mooar, Summerhill Road, a two storey detached traditional dwelling situated on the western side of Summerhill Road in Jurby. The dwelling has seen the introduction of non-traditional elements on parts of its external elevation such as a modern conservatory style front porch and modern casement windows. There is a detached garage situated south-west of the main dwelling. - 1.2 The dwelling which sits about 350m north of the Summerhill Junction with the A13 (Sandygate Road) is finished in painted render and has its roof finished in slate tiles. This dwelling has most of its boundary enclosed in mature landscaping which conceals large sections of the dwelling, but opens up at the gated entrance. - 1.3 The surrounding area is characterised by open countryside with a mixture of detached properties of varying forms, layout, design and appearance.
2.0 THE PROPOSAL - 2.1 Planning approval is sought for extensions and alterations to existing dwelling. The proposed works would include:
- a. Reducing the ground floor level to give more headroom within the living room.
- b. Replacing the existing single storey flat roofed extension on the west elevation with a new two storey pitch roofed extension.
- c. Patio area at rear to be reduced to provide 185mm threshold step, with patio extended by 1m towards the western boundary.
- d. Erection of new pitch roofed dormer to the west elevation of the main dwelling, and two new pitch roofed dormers on the northern roof plane.
- e. Erecting a new balcony to serve the bedroom created from the new two storey extension to the west elevation.
2.3 The application is accompanied by a Bat Survey Report prepared by the Manx Bat Group and dated 18 January 2024. - 2.4 No trees would be removed 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 'White Land' and an area designated as Woodland, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area nor within an Area of High Landscape or Coastal Value and Scenic Significance. The southern side of the site which includes part of the existing garage falls within a registered tree area. The site is not prone to flood risks, although the western boundary adjoins an area prone to high surface water flood risks.
3.2 National: STRATEGIC PLAN (2016)
- 3.2.1 The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EP 1 and GP3). However given there is an existing dwelling on the site, it is relevant to consider Housing Policy 15 which makes provision for extensions or alterations to traditional properties in the countryside. Housing Policy 16 is also relevant as the dwelling has some non-traditional elements.
3.3 Relevant Strategic Plan Policies:
- a. General Policy 3 - Exceptions to development in the countryside.
- b. General Policy 2 - General Development Considerations.
- c. Environment Policy 1 - Protection of the countryside and inherent ecology.
- d. Environment Policy 3 - Seeks to prevent unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value.
- e. Environment Policy 4 - protects biodiversity (including protected species and designated sites).
- f. Environment Policy 5 - Mitigation against damage to or loss of habitats.
- g. Housing Policy 15 - extension or alteration of existing traditionally styled properties in the countryside.
- h. Housing Policy 16 - Extension of non-traditional styled dwellings or those of poor or inappropriate form in the countryside.
- i. Strategic Policy 1 - Efficient use of land and resources.
- j. Strategic Policy 2 - Priority for new development to identified towns and villages.
- k. Strategic Policy 3 - Development to respect the character of our towns and villages.
- l. Strategic Policy 5 - Design and visual impact
- m. Spatial Policy 5 - Development in the countryside will only be permitted in accordance with General Policy 3.
- 4.0 OTHER MATERIAL CONSIDERATIONS
4.1 PLANNING POLICY STATEMENT 3/91 which provides guidance on the design of residential development in the countryside.
- 4.1.1 Policy 3 states: "The shape of small and medium sized new dwellings should follow the size and pattern of the traditional farmhouse. They should be rectangular in plan and simple in form. Extensions to existing buildings should maintain the character of the original form".
- 4.1.2 Policy 4 states:
- "External finishes are expected to be selected from a limited range of traditional materials". The supporting texts to policy 4 states that "Modern construction and materials may be used to achieve a similar external appearance".
- 4.1.3 Policy 5 sates: "Doors and windows together with their size and relationship with each other and the wall face should follow traditional rural forms."
- 4.2 RESIDENTIAL DESIGN GUIDE (2021)
- 4.2.1 This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
4.3 THE ISLE OF MAN'S BIODIVERSITY STRATEGY (2015 - 2025)
- 4.3.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.
- 5.0 PLANNING HISTORY
5.1 The following previous planning application are considered relevant in the assessment and determination of this application: - 5.2 PA 88/01678/B for Internal alterations and extension to form double garage, showerroom and sunroom - APPROVED. - 5.3 PA 89/01593/B for Alterations and extensions to create extra living accommodation -APPROVED. - 5.4 PA 05/01414/B for Conversion of existing garage into additional living accommodation along with extensions, conservatory and porch - APPROVED.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 DOI Highways have not made any comments on the application although they were consulted on 11 September 2023. - 6.2 The DEFA Ecosystem Policy Team has made the following comments regarding the application (19 February 2024):
- o They note that they have read though the Manx Bat Group's (MBG) Bat Survey Report for Craig Mooar dated January 2024. However, they are not content with the findings and mitigation recommendations.
- o They note that the MBG found many potential roost features around the property, but no evidence of bats within the building, and consider that checks in certain areas of the roof were not made and therefore the potential for roosting bats could not be ruled out.
- o They note that the suitability of the surrounding habitat and presence of nearby bat roosts increases the likelihood of bats being present within the property and as such what they would consider as proportionate is either for further access to the roof space to be enabled so that full checks can be undertaken or a summer emergence survey will be required prior to determination of this application.
- o They state that they would not be happy for works to take place between April and August, even with hand removal of tiles as a precautionary method, without it first being determined that bats are not present, because disturbance of a maternity roost may lead to the abandonment of young.
6.3 No comments have been received from Jurby Parish Commissioners and the neighbours.
- 7.0 ASSESSMENT
7.1 The fundamental issues to consider with the current application are:
- a. The potential visual impact of the works on the existing dwelling and surrounding countryside;
- b. Impacts on neighbouring amenity; and
- c. Potential Impacts on site ecology.
7.2 It is not considered that the proposal would result in impacts on parking within the site, as the scheme does not propose to alter the parking provisions, and the access would remain unaltered. Hence the proposed scheme would align with the requirements of General Policy 2 (h & i), and Transport Policy 7. - 7.3 Similarly, no new confined spaces with easy access to those outside the site would be created, which would serve as easy hideouts for criminal activity or antisocial behaviour. Also, the proposal does not bring the application site closer to the neighbouring property at Rowan Gate which is situated directly south, with a clear break still maintained between both properties, which would be sufficient to prevent easy spread of fire (Community Policies 7, 10, and 11). - 7.4 Visual/ Landscape Impact (HP15, HP 16, GP2 and RDG 2021)
- 7.4.1 In assessing the potential visual impact of the proposal on the character of the site and area, it is considered that the site falls outside of the defined settlement boundary of Jurby and within the open countryside which is not designated for residential development with the proposals not according with any of the defined exceptions outlined in General Policy 3. However, Housing Policy 15 allows extensions or alterations of existing traditionally styled properties in the countryside where these respect the proportion, form and appearance of the existing property. In this regard, the proposed alterations to the property are largely considered to respect the built form, scale and vernacular of the existing property and as such considered compliant with the requirements of Housing Policy 15.
- 7.4.2 In terms of compliance with Housing Policy 16 which is also relevant given that the building has non-traditional features, it is considered that although the proposal would increase the bulk of the dwelling towards the west elevation, given that a single storey element would be replaced by a new two storey element, this change is considered to improve the appearance of the dwelling as a flat roofed section would be replaced by a new pitch roofed element which would be more in keeping with the traditional character of the dwelling. Whilst it is noted that the new two storey extension would not comply fully with the requirements of Planning Circular 3/91 as its extended catslide roof which projects beyond the rear elevation does not comply fully with the forms suggested by this document, the views to this part of the dwelling is completely screened by the existing mature landscaping along the site boundary.
- 7.4.3 In addition, the impact of the two storey extension would be further diminished by the fact that this extension is set lower than the main roof ridge of the dwelling, with the bulk of the main dwelling and its key features (chimney stacks and projecting gables) still maintaining their prominence when viewed from the street scene. As such, it is not judged that any impacts in terms increased bulk would be sufficient to warrant refusal of the proposal. Besides, the new extensions would correspond appropriately with the dwelling's character and current form.
- 7.4.4 With regard to potential impacts on the character of the surrounding countryside, the site is well screened on most sides of its boundary by dense mature vegetation (as has already been noted), and as such views to the alterations proposed to the property would not be readily visible in the context of any public vistas, including the principal street scene to the east. The proposals would further not result in a material impact upon the character and
- appearance of the wider landscape, as there would be no changes to the mature landscaping which partly enclose the site. Thus, the impact of the building as viewed from the public realm would not be increased even though a new two storey extension has been attached to the dwelling.
- 7.4.5 Overall, the proposals are considered to be generally acceptable from a design and visual impact perspective, and proportionate in footprint and scale to the property, and as such are considered to align with the provisions of Housing Policies 15 and 16, and General Policy (b) & (c) of the Strategic Plan 2016.
7.5 Impact on Neighbours (GP2 and the RDG 2021)
- 7.5.1 In terms of impacts on neighbours, it is not considered that extensions and alterations would result in adverse impacts on neighbours given their position on the dwelling, distance between the proposed work areas and neighbouring dwelling, as well as the intervening mature landscaping between the dwelling and its nearest neighbours. Therefore, the proposal are considered to be compliant with General Policy 2 (g).
7.6 Impacts on Biodiversity (GP2, EP4 & EP5)
- 7.6.1 In terms of impacts on ecology or biodiversity within the site, it is important to establish that if any real harm would result with respect to ecological and environmental concerns, it would only relate to the removal of the existing roof tiles which hold the potential to house bats. Whilst the scheme is supported by a Bat Survey which notes that there is low potential for bats to reside underneath the roofs, this report has been commented on by DEFA Ecosystems Officer, who advise that certain areas of the roof were not thoroughly assessed and therefore recommend that further checks be carried out prior to the removal of the roof tiles, given the suitability of the surrounding habitat to house bats.
- 7.6.2 Given that it has not been adequately demonstrated from the approved documents that bat roost do not exist within the roof of the dwelling, it would be vital that pre-assessment for bat roosts be made before any works to remove the roof tiles to facilitate the extensions and alterations are carried out. As such, a condition would be imposed to ensure no adverse impacts result for potential bat roosts on site, which would be in the interest of protecting biodiversity on site. This would ensure that the precautionary principle is applied for any works carried out on the building in line with protecting biodiversity at the site.
- 8.0 CONCLUSION
8.1 The proposed development is considered to amount to appropriate extensions to a property in the countryside with traditional and non-traditional features, without detriment to the character and appearance of the site or wider landscape. The proposals are therefore considered to broadly comply with Housing Policies 15 and 16, General Policy 2, and Environment Policies 1 of the Strategic Plan (2016). The application is therefore recommended for approval. - 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 in Article 4(2) who should be given Interested Person Status.
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I can confirm that this decision has been made by a Principal Planner 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 : Permitted Date: 22.05.2024 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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