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Application No.: 23/01418/B Applicant: Mr Paul & Mrs Charlotte Walker Proposal: Demolition of existing and erection of a detached dwelling with double garage and ancillary accommodation with associated landscaping and driveway Site Address: Grenaby House Foxdale Road Ballasalla Isle Of Man IM9 3DR Planning Officer: Hamish Laird Photo Taken: 28.02.2024 Site Visit: 28.02.2024 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 08.05.2024
C : Conditions for approval N : Notes attached to conditions
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.
Reason: To ensure that high quality materials are used for the replacement dwelling to preserve the character of the site and impart a high quality finish in the interests of visual amenity.
when the fencing has been removed, shall any construction materials, machinery, liquids or fuel be stored within any of the 'Construction Exclusion Zones' shown and annotated as such on the Tree Protection Plan.
Reason: To ensure that trees to be retained on and around the site are protected throughout the construction period.
Reason: To minimise any disturbance to nesting birds and Bats from occupants of the dwelling opening and closing windows.
Reason: To ensure that the development provides an attractive environment and compensates for loss of trees, hedges and other habitats, in accordance with Policy GP2 b) c) and d); and, Environment Policy 1 in the Adopted Isle of Man Strategic Plan (2016).
Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere.
Reason: To ensure that adequate on-site parking provision is provided and maintained for the dwelling in the interests of highway safety.
Reason: The provision of electric vehicle charging points will aid the net zero objectives as outlined in the Isle of Man Climate Change Plan (2022 - 2027).
Reason: 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, and the retention of the existing oil tank would be contrary to this Island-wide ban, which is being introduced to minimise the impacts of fossil fuel use on the effects of climate change.
This application has been recommended for approval for the following reason.
The proposed replacement dwelling and overall floor area proposed, is considered to be acceptable in comparison to that of both the existing dwelling and the PA/20/01077/B approved replacement unit. This would represent an approximate increase in floor area of 57.4%.Whislt this increased floor area fails to strictly accord with the provisions of Policy HP14, the extant PA20/01077/B consent proposed a replacement dwelling with a floor area of 55% of that of the original unit; and, was of a contemporary design over two floors. Given the fact that the latest dwelling would be only 2.4% larger in floor area than the PA20/01077/B proposal, the principle of development is accepted.
The site is located in a prominent location in the open countryside and is receptive to views from both Grenaby Road and Foxdale Road. The contemporary design of the replacement dwelling proposed and the movement of the dwelling on site closer to Grenaby Road to construct it would, on balance, not be out of character with the landscape in which it would sit, and whilst being modern and to some extent, innovative, (use of building materials and triple glazing to maximise insulation and minimise heat loss), and the use of Solar PV Panels, which the applicants Design and Access Statement has referred to; plus, the consideration of the previously approved, extant permission for a contemporary design for a replacement dwelling on the site, render the proposal acceptable. As such, the proposals are considered to conform with the provisions of Strategic Policy 5, General Policy 2 parts b) and c); and, Environment Policy 1, in the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; The development hereby permitted, shall be carried out strictly in accordance with the following approved plans and details:
Planning Application Submission Date stamped received: 15th December, 2023 01 Walker - 236808 - L01 Location Plan;
Amended Drawings/Documents Date stamped received: 9th April 2024
Additional Persons
None _____________________________________________________________________________
1.0 APPLICATION SITE - 1.1 The application site comprises the residential curtilage of a detached dwelling at Grenaby House (formerly known as Thie Vane). It is located between Grenaby Road and the A3 Foxdale Road with the junction of these two roads approx. 50.0m to the south. It is situated in Malew Parish to the north of Ballasalla. The existing dwelling contained within the application site is a 2-storey, detached dwelling with integral garage with a footprint/ ground floor area of approx. 238.38m2; and, first floor area of approx. 167.5m2, providing a total floor area for the existing dwelling of approx. 405.88m2. - 1.2 The existing dwelling occupies the north-western quarter of this rather spacious plot which is screened by trees and shrubs on its boundaries from its surroundings, with a Manx Stone wall running along Foxdale Road contiguous with the position of the dwelling, and by a stone wall topped with a green painted metal railing fence on the boundary of its junction with these two roads. Vehicular access is derived from Grenaby Road onto a gravelled drive which crosses the plot to reach the dwelling. To the south on the west side of Foxdale Road, opposite the road junction with Grenaby Road stand two detached, 2-storey dwellings at Silverdale House and Merrywood; with a further two cottages located either side of the A3 further to the south; and, a farm livestock building and stables located on the south side of Grenaby Road. This structure is set back from both Grenaby Road and the A3. The surroundings are a mix of these structures and open fields with views to the north of the Stoney Mountain and South Barrule Plantations. THE PROPOSAL
2.1 Proposed is a full planning application for the erection of a replacement 2-storey 'Skandia Hus' designed dwelling with at ground floor level an attached double garage, and annex accommodation which may in future be occupied by family, guests or a carer. It would incorporate the footprint of the existing dwelling, which is proposed to be demolished to accommodate the replacement dwelling, and would extend to the south, and west towards the central part of the plot as well as moving the new built form north on the plot outside the footprint of the existing dwelling. - 2.2 It would provide the following accommodation (details taken from Drawing Nos. JJT 08 Proposed Ground floor plan; and, JJT 09 Proposed First floor plan). Basement: Stairs up to ground floor; plant room; lift; and, storeroom; with access corridor to these rooms from the stairs. It would measure: external area = 79m2; internal floor area 63.7m2.
Ground floor: Entrance Porch and Hallway; Cloakroom; Lift; Stairway up; Study; WC; Utility Room; Lobby; Larder; Kitchen/Breakfast Room; Dining Room; Double Height Living Room Inc. First Floor Level above; Family Room; Outdoor Covered Area; Link to Double Garage; and Annex - comprising Kitchen/Living Area; Bedroom; Bathroom and Hallway.
Total floor area measured externally including garage and carer's accommodation = 354.2m2.
First floor: Master Bedroom with en-suite Bathroom and Dressing Room with Juliet Balcony; Bedroom 2 with en-suite Bathroom and Dressing Room opening out via double glazed doors onto a Balcony; Bedroom 3 with en-suite Shower Room and Walk-in Wardrobe; Bedroom 4 with en-suite Shower Room; Stairs down with Landing and Gallery open to GF Hallway; Lift.
Total first floor area measured externally = 205.66m2. Outside: Parking and Turning Area; 2 No. Visitors Car Parking Spaces; New landscaping to garden area with 6 No. Raised Planting Beds. Existing Heating Oil Tank retained.
2.3 The total floor area for the new dwelling would be approx. 638.2m2. - 2.4 The applicants subsequently submitted revised plans on 5/4/24, following on from comments provided by the Case Office regarding the height, scale and footprint/floorspace area of the proposed replacement dwelling. The applicants advised that:
2.5 The applicants have provided a Design and Access Statement with the application which advises: "The proposed dwelling is not materially larger than the replacement dwelling previously approved in 2021 (Application Number: 20/01077/B). Hence the principle of development is considered acceptable.
2.5 It continues: "2.6 Prior to the preparation of this application, it is noted that planning permission was granted in March 2021 for the erection of a detached dwelling with a triple garage and ancillary accommodation above with associated landscaping, driveway and a new vehicular access. It is noted that this dwelling comprised a contemporary design with a butterfly roof. The planning application followed a previous application which was approved in February 2020 for extensive alterations and the remodelling of the existing dwelling (Ref: 19/01178/B). However, it was
considered that a replacement dwelling would be more appropriate to meet the needs of the Applicant.
2.7 It is noted that the previous application represented an increase of 55%, which is greater than the 50% over the original dwelling which is usually deemed acceptable. However, this increase was regarded as acceptable due to the reduction in height between the original dwelling and the proposed dwelling."
2.6 The Design and Access Statement concludes as follows: "6.1 The proposed development comprises the erection of a detached dwelling with a double garage and ancillary accommodation, with associated landscaping and driveway at Grenaby House, Foxdale Road, Ballasalla, Isle of Man, IM9 3DR.
6.2 The application site is located in the countryside, within a residential area where the provision of a residential development in this location is appropriate. - 6.3 The proposed development would result in an increase of 58% in external floor area from the existing dwelling. It is noted this increase would result in an uplift which is marginally greater than the 50% which is generally considered acceptable for replacement dwellings in the countryside. However, the proposed dwelling would comprise a reduction in the overall height of the dwelling, as such reducing its visual impact on the countryside. In addition, the proposal would comprise a modern and innovative design which would significantly improve the appearance of the site. Therefore, the proposed development would enhance the rural character of the countryside and reduce the visual impact of the site and would not comprise inappropriate development, making a positive contribution to the local area. - 6.4 The siting, scale, design and layout of the proposed dwelling has been carefully considered and has taken into account the comments and feedback received from the Planning Officer in connection with the previous application. The proposal respects the character of the countryside and would not affect the amenity of neighbour properties whilst providing a high quality landscape. The proposal would result in a high quality, extremely energy efficient design that would create a high standard of accommodation for the Applicant. - 6.5 The proposal fully adheres to the relevant Strategic Plan (2016) polices, the Area Plan for the South and the policies contained within the Planning Circular: Guide to the Design of Residential Development in the Countryside (3/91). - 6.6 For the reasons stated within this statement it is requested that the officer, appointed to determine this application, look upon the proposal favourably."
3.1 20/01077/B - Erection of detached dwelling with triple garage and ancillary accommodation above with associated landscaping, driveway and new vehicular access Grenaby House (formerly Thie Vane) Junction At Foxdale And Grenaby Roads Ballasalla Isle Of Man IM9 3DR. Application Permitted 4 March 2021. What was proposed had a floor area of 565.0m2 and a maximum height of 7m. This application represented an increase of 55%, which is greater than the 50% over the original dwelling which is usually deemed acceptable.
3.2 19/01178/B - Alterations and remodelling of existing dwelling Grenaby House, Foxdale Road, Ballasalla, Isle Of Man, IM9 3DR. Application Permitted 20 February 2020.
3.4 17/00570/B - Alterations, relocation of driveway and creation of vehicular access Grenaby House (formerly Thie Vane) Junction at Grenaby and Foxdale Road, Ballasalla, Isle Of Man, IM9 3DR. Application Permitted 15 November 2017.
3.5 10/00809/B - Erection of a garage extension to replace existing carport Thie Vane, Foxdale Road, Ballasalla, Isle Of Man, IM9 3DR. Application Permitted 14 July 2010. - 3.6 86/01346/B - Alterations and extensions to form additional living accommodation and garage, Thie Vane, Corner of Foxdale Road and Grenaby Road, Malew, Thie Vane, Foxdale Road, Ballasalla, Isle Of Man, IM9 3DR. Application Permitted 1 January 1994.
4.1 The land as designated, is not zoned for development and sits within a rural part of the open countryside approximately 2.2 kilometres north of Ballasalla (see Map 4) as shown in the Area Plan for the South (2013). The site is not within a Conservation Area, and there are no Registered Trees or Registered Buildings on or around the site.
4.2 The land is also linked to Map 2N Landscape Assessment Areas; that identifies site is within a Landscape Character Area that is broadly classified as 'Undulating Lowland Plain', and more specifically as 'F5 Sulby River'.
4.3 Within the Isle of Man Landscape Character Assessment written statement (July 2008) under section 3.0 Landscape Character Area (LCA), page 85, para. D14 is broadly referred to:
Ballamodha and St Marks (D14) notes that the: "The overall strategy for the area should be to conserve and enhance the character, quality and distinctiveness of this farmed landscape with various field patterns defined by different hedges, a scattered settlement pattern of traditional hamlets, farmsteads and nucleated settlements fringed by trees, a varied road network enclosed by grassed Manx hedges and roadside vegetation, and numerous wooded valleys and glens. In addition to the conservation of archaeological sites, measures should also be adopted to conserve and enhance the physical structure and setting of upstanding heritage features such as the Silverdale watermill."
4.4 It is noted that apart from the site access onto Grenaby Road, in this location, the site is not identified as being at flood risk. - 4.5 The following policies of the IOM Strategic Plan (2016) are considered relevant to the consideration of the application: - 4.6 Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix
3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
4.7 Environment Policy 2: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
4.8 General Policy 2 General Policy 2 indicates that: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
4.9 General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
4.10 Housing Policy 1 states that 'The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026'. - 4.11 Housing Policy 4: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (1) 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:
4.12 Housing Policy 12: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
In assessing whether a property has lost its habitable status(1) by abandonment, regard will be had to the following criteria:
4.13 Housing Policy 13: "In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost. Where:
4.14 This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement buildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space(3) measured externally, the extension measures less than 50% of that of the original). - 4.15 Housing Policy 14: "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(1), 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 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."
4.14 Strategic Policy 1: "Development should make the best use of resources by:
4.15 Strategic Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph
4.16 Strategic Policy 4: Proposals for development must:
4.17 Strategic Policy 5: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies." - 4.18 Strategic Policy 10 Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to:
settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is avoided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. 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:
4.20 Environment Policy 4: Development will not be permitted which would adversely affect:
4.21 Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.
REPRESENTATIONS
5.1 Malew Commissioners (10/1/24): No objection.
5.2 DoI Highways (10/1/24) comments: "23/01418/B - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking."
5.3 DoI Highways (12/4/24) comments: "Highways HDC have reviewed the updated information for application 23/01418/B dated 9 Apr 2024 online and have no further comments to make." - 5.4 DoI Highways Drainage (5/1/24): "Highways Drainage Comments: Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: The applicant should be aware off and comply with the clauses above"
5.5 DEFA Ecosystem Policy Team (10/1/24) comments: "The Ecosystem Policy Team have no objections to this application. However, the Design Access Statement references additional landscaping and it is not obvious to us from the documentation provide where landscaping is to take place and with what species. Additional landscaping would be beneficial for the site as long as it is not undertaken with invasive no- native species. Therefore the Ecosystem Policy Team request that a condition is secured for no landscaping to be undertaken with Wildlife Act 1990 Schedule 8 Part II invasive plant species, or cherry laurel or Rugosa rose.
The applicant may also want to consider enhancements for wildlife on site such as bat, bird and bee bricks."
5.6 No neighbour representations had been received by the Report drafting stage. REPRESENTATIONS ON BEHALF OF THE APPLICANT - 5.7 In an email dated 5/4/24, accompanying the submission of amended plans, the applicant advised as follows: "In response to your comments raised, we have prepared a set of amended plans for you to review, please find these attached. As you will see, we have reduced the overall Gross External Area of the dwelling so that this is under the 50% greater than the existing dwelling in accordance with Housing Policy 14. I note the proposed GEA is now 556.31sqm. In addition to the above, I note we have also lowered the overall ridge height of the proposed dwelling so that this is in line with the existing dwelling in accordance with your comments. This should help address you concerns regarding the overall bulk and mass of the dwelling as its overall height would now not exceed the existing dwelling. I would like to clarify that the annexe is intended to be used as carer's accommodation, hence we have updated the plans to reflect this point. The applicants are both elderly and are forward planning by incorporating carer’s accommodation into the proposal so that they have this when they require a live-in carer. In terms of the design, we would like to highlight that the proposal has been carefully designed to create a high-quality development that uses sustainable materials. It is noted the materials proposed seek to add visual interest to the development. It is noted that the previous proposal also comprises a contemporary design, hence it is considered that the provision of a contemporary dwelling in this location would not be unacceptable."
ASSESMENT
6.1 The fundamental issues to consider in the assessment of this planning application are:
6.2 The proposal is for a replacement of the existing dwelling with the new dwelling to be sited on the footprint of the existing. The existing dwelling on site is a 2-storey, detached dwelling with integral garage with a footprint/ground floor area of approx. 238.38m2; and, first floor
6.5 The principle of development for this application falls to be considered against the provisions of General Policy GP3d) and Housing Policies H4c), HP12, HP13 and HP14 in the Strategic Plan. It is noted that there have been previous approvals for a replacement of the existing dwelling, with PA20/01077/B being for the erection of a detached dwelling with triple garage and ancillary accommodation above with associated landscaping, driveway and new vehicular access at Grenaby House. This application was permitted on 4th March, 2021, and remains extant until 3rd March, 2025. - 6.6 In respect of planning policy, Policy GP3d) and HP4c) advise the same things in that new housing in the countryside will only be permitted in exceptional circumstances. In this case, and noting that the site is occupied by an existing dwelling which would be replaced as a result of the development, analysis of the details of the proposed development is required to consider if it is acceptable in terms of the provisions of Housing Policies HP12, HP13 and, HP14 and ultimately, Environment Policy 1, which seeks to protect the countryside for its own sake and requires that "Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 6.7 Policy HP12 indicates that: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
In assessing whether a property has lost its habitable status(1) by abandonment, regard will be had to the following criteria:
6.8 Following the Caser Officers site visit on 28/2/24, it is noted that the structural condition of the building is such that whilst it is dated by modern standards, it could be readily refurbished and re-occupied. - 6.9 Policy HP13 relates to rural dwellings which have lost their former residential use by abandonment, which is not considered to be the case in this instance as the applicants are seeking a one for one replacement of an existing, habitable, albeit slightly outdated in that there would appear to be no structural issues with the existing dwelling. It is noted that the site does not lie within a National Heritage Area (as advised in Policy EP6), and the advice contained in this policy is not relevant to the consideration of this application. - 6.10 Policy HP14 indicates (in part) that: "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(1), 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)."
6.9 The new dwelling would located be on the site of the existing one, with some overlap in footprint area. As noted in paragraph 2.1 above, the existing dwelling has a floor area of approx. 405.88m2 and would be on two floors, plus basement, with a combined floor area of approx. 636.32m2, including balconies. This would represent an approximate increase in floor area of 57.4%. Overall, the floor area of the proposed replacement dwelling would exceed a 50% increase over that of the existing dwelling (approx. 57.4%), and in the strictest interpretation, fails to accord with the provisions of Policy HP14. It is noted, however, that the previously approved PA20/01077/B design for the erection of a detached replacement dwelling with triple garage and ancillary accommodation, amounted to approx. 55% of the floor area of the existing dwelling. - 6.10 The new property would be fully wheelchair accessible including open plan accommodation on the upper floor with a lift from the ground floor, with no thresholds, nonslip floors, an accessible bathroom and wider door openings which would be wheelchair friendly in the future. The balconies would allow views and plenty of fresh air without having to go into the garden and struggle with limited mobility. The double garage at Grenaby House would include a one bedroomed apartment should live-in help be required; and, the accommodation would benefit their family. The applicants consider that the replacement dwelling would be the perfect solution to their identified needs. - 6.11 The applicant's personal circumstances are noted and have been considered. Given that the size and scale of the replacement dwelling proposed compares closely to that of the permitted PA20/01077/B replacement dwelling, and bearing in mind the site's countryside location whilst the proposed development strictly fails to comply with the provisions of Policy H14, it is considered that the principle of development for this particular replacement dwelling is acceptable given the sites planning history, the extant PA20/01077/B consent; and, the fact that the latest dwelling would be only 2.4% larger in floor area than the PA20/01077/B proposal. The principle of development is, therefore, accepted.
6.12 Strategic Policy 5 requires that: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."
6.14 General Policy 2 requires (in part) that:
"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
6.15 The design of the proposed replacement dwelling is conservatively contemporary, although it is noted that it would replace a more traditional design of 2-storey dwelling on this spacious plot, which in its day, too, may well have been viewed as contemporary. It is considered that the form and materials proposed by the new dwelling would not necessarily be out of character with the landscape in which it would sit, and the scale, bulk, and massing of the 2-storey element, is reflective of the existing dwelling. The Skandia Hus design with its varying roof shapes, is a matter of taste. It is not traditional in the sense that a dwelling with a pitched roof reflective of traditional Manx dwellings, or hipped/pitched roof, perhaps containing dormers, would be. Nevertheless, the previously approved PA20/01077/B design was a departure from the norm and the current proposal is for a modern, and to some extent, innovative, design that proposes the use of Solar PV Panels on the South-West facing elevation; and, the use of natural slate for the roofs and with vertical oak cladding the first floor elevations of the 2-storey element; with walls of Manx stone below, and painted render to for the walls of the single storey elements. There are similarities to the PA23/00564/B proposals which Members considered to be acceptable (See Agenda Item 5.9 of the 21/8/23 PC Meeting), however, in this instance, and bearing in mind that each application should be considered on its merits, there is a significant element of single storey development associated with the proposals, which would extend the built form into the countryside compared to either the existing dwelling or the approved PA20/01077/B scheme for the site. - 6.16 Overall, it is considered that the proposed development would be in character and keeping with the site and its surroundings, and would accord with the provisions of Strategic Policy 5, General Policy 2 parts b) and c); and, Environment Policy 1, which seeks to protect the countryside for its own sake especially given the natural, predominantly open and exposed landscape in which the site is located, the presence of on-site screening and proposals for landscaping; and, the relatively large size of the plot.
6.17 No third party representations have been received from any neighbours and it is noted that the nearest dwellings to the site are located some distance away opposite the junction of Grenaby Road and Foxdale Road to the south. The occupants of these properties are considered to be far enough away for their occupants residential amenities to be unaffected by the development. This accords with the provisions of Strategic Plan Policy GP2g), and EP22.
6.18 DoI Highways has advised that the proposed replacement dwelling would have no significant negative impact upon highway safety, network functionality and /or parking and does not oppose it. It is clear that with 2 No. garage car spaces, along with 2 to 3 visitors spaces on plot in front of the garages, and a long driveway, that sufficient parking provision is made on site and that secure cycle parking and an electric vehicle charging point(s) could be provided within the garage areas. This accords with the provisions of Strategic Plan Policy GP2 h & i; and Policies TP 4 & 7).
6.19 No trees would be lost in order to accommodate the replacement dwelling, and whilst no specific bio-diversity measures have been included with the application, these, as suggested by the Ecosystems Policy Team such as enhancements for wildlife on site such as bat, bird and bee bricks, along with landscaping to assist in assimilating the development into its surroundings, could be secured by condition. This would accord with the provisions of Policies STP4b, EP3, GP2d) in the Strategic Plan.
6.20 The site lies in an area which is unlikely to flood, albeit its boundary at the vehicular access point onto Grenaby Road may be subject to fluvial flooding in adverse weather conditions. The Highways Drainage Team has commented that the applicants should be made aware that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986. Foul sewage will run to the existing septic tank and rainwater run-off from roofs and paved surfaces will be directed to existing soakaways. It is considered that these arrangements are acceptable and would accord with the provisions of Strategic Plan Policies GP2l, and EP7.
6.20 The principle of development for the erection of a replacement dwelling is not accepted as the dwelling to be replaced has not been abandoned, and the existing unit could be maintained and/or improved to continue to provide habitable living accommodation. This accords with Strategic Plan Policies HP12 and HP13. - 6.21. The overall floor area proposed, is considered to be acceptable in comparison to that of both the existing dwelling and the PA/20/01077/B approved replacement unit . The respective floor areas of the existing and proposed dwellings are a material consideration in the determination of the application according to the policies in the Strategic Plan. The existing dwelling has a floor area of approx. 405.88m2. The proposed dwelling would be on two floors and would have a combined floor area of approx. 636.32m2, including balconies. This would represent an approximate increase in floor area of 57.4%. Overall, the floor area of the proposed replacement dwelling at approx. 636.32m2 does exceed a 50% increase over that of the existing dwelling, and therefore, fails to strictly accord with the provisions of Policy HP14. However, the extant PA20/01077/B consent proposed a replacement dwelling with a floor area of 55% of that of the original unit; and, was of a contemporary design over two floors. Given the fact that the latest dwelling would be only 2.4% larger in floor area than the PA20/01077/B proposal, the principle of development is, therefore, accepted. - 6.22 The site is located in a prominent location in the open countryside and is receptive to views from both Grenaby Road and Foxdale Road. The contemporary design of the replacement dwelling proposed and the movement of the dwelling on site closer to Grenaby Road to construct it would, on balance, not be out of character with the landscape in which it would sit, and whilst being modern and to some extent, innovative, (use of building materials and triple glazing to maximise insulation and minimise heat loss), and the use of Solar PV Panels, which the applicants Design and Access Statement has referred to; plus, the consideration of the previously approved, extant permission for a contemporary design for a replacement dwelling on the site, render the proposal acceptable. As such, the proposals are considered to conform with the provisions of Strategic Policy 5, General Policy 2 parts b) and
c); and, Environment Policy 1, in the Isle of Man Strategic Plan 2016.
6.23 It is recommended that the application be approved.
7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
7.2 The decision maker must determine:
7.3 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.
Recommendation: Approve. _____________________________________________________________________
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Committee Meeting Date: 20.05.2024
Signed : H LAIRD Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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