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Application No.: 23/01417/B Applicant: Mr & Mrs Neville & Kim Young Proposal: Demolish and replace existing dwelling, install photovoltaic panels, and landscape and re-wild adjacent land Site Address: Part Field 435254 & Curlew Cottage Scarlett Castletown Isle Of Man IM9 1TB Planning Officer: Mr Toby Cowell Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 15.03.2024
C : Conditions for approval
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 the delivery and retention of an appropriate landscaping scheme, in the interests of the visual amenity of the local area and to provide ecological site benefits.
Reason: To ensure that sufficient provision is made for parking and turning of vehicles in the interests of highway safety.
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 replacement dwelling is considered to be of a high standard of design and suitably appropriate for this countryside location, without detriment to the visual amenities of the wider landscape. The proposals would allow for a more holistic form of development relative to the current property, whilst largely reducing its visual impact upon the site's
immediate setting. The development is further complimented by an appropriate landscaping scheme which would improve the site's biodiversity credentials. The proposals are therefore deemed compliant with Strategic Policies 4 and 5, Spatial Policy 5, General Policies 2 and 3, Environment Policies 1 and 2, Housing Policies 12 and 14 and Transport Policies 4 and 7 of the Strategic Plan (2016).
Plans/Drawings/Information; This approval relates to the following drawings and documents;
Additional Persons
None _____________________________________________________________________________
THIS APPLICATION IS BROUGHT TO PLANNING COMMITTEE FOR DETERMINATION DUE TO NON-COMPLIANCE WITH THE DEVELOPMENT PLAN
1.0 THE SITE - 1.1 The application site is the residential curtilage of a large dwelling house, "Curlew Cottage" Scarlett Road, Castletown. The property sits in an elevated position adjacent the access road that terminates at this property. Beyond this is access to the surrounding agricultural fields that surrounds this property. - 1.2 The property is characterised as a rectangle build form at two stories high with the front elevation facing north. The dwelling has seen a number of ad hoc extensions over the years which is seen to include two storey extensions, an integrated double garage with accommodation above; front porch extension and a rear 'sun room'. The roof covering is a concrete tiled pitched roof that is hipped to west and a though (front to back) gable pitched roof to the east. The property is finished in a painted white render throughout with brown upvc used for the windows and doors. - 1.3 The nearest neighbouring property is located to the south east (approx. 80m) referred to as Scarlett House. A two storey distinct traditional building that is registered (No.267) that is defined as an exemplar of a raised five bay, double roofed house in a Manx manner with some modern extensions. - 1.4 There is also a hard standing parking area to the east that would accommodate two vehicles and a large lawn area surrounding the property and largely biased towards the east elevation. The topography here slops steeply towards the east. 1.5 At the site visit it was observed that the property is visually very prominent when travelling west along Scarlett Road.
At present the only built structures aside from the main dwelling house are a garden shed adjacent to its west elevation.
2.0 THE PROPOSAL - 2.1 Planning permission is sought for the replacement of the existing dwelling with an enlarged, detached modern property incorporating a combination of natural stone classing, vertical and horizontal timber boarding and slate roof tiles, with significant element of glazing across all elevations. The proposals effectively represent a resubmission of the previous and most recent approval (PA 23/00681/B) to extend the previous property, with the resultant dwelling to largely mirror the design, form and appearance of the resultant property if it were to be extended as approved. - 2.2 The submitted design statement notes that, following inspection of the existing property in preparation of the submission of a Building Regulations Approval application, it was observed that:
"The inner leaf of the existing cavity wall is built in lightweight thermal block, which was previously not apparent; aside from any of the potential current concerns surrounding aerated concrete, the overarching issue with this being that lightweight thermal block has a much lower structural bearing capacity than standard, dense concrete, blocks.
The overarching impact of this would be that much greater levels of structural intervention would be required to create the Approved design. That, in itself, is not a major concern and could be undertaken, but the cumulative effect of those interventions in relation to the first requirement of the Applicants' Brief, 'that the house needs to be extremely energy efficient, specifically having very high levels of thermal insulation and low levels of air leakage, is. The extent of the interventions would be such that robust detailing at junctions, openings, and where old meets new, would be compromised."
2.3 On this basis, consideration was therefore given to demolishing the existing dwelling and replacing it with a new dwelling that would be much more thermally efficient and airtight, with the obvious long term benefits that that would bring. - 2.4 The design statement further notes the following in terms of design and layout in the context of the proposed replacement dwelling:
"Once it was agreed that that would provide a better solution to the original Brief requirements, consideration was given to what other benefits might be achieved with a replacement dwelling.
The primary benefit for the design was that the plan arrangement, whilst essentially the same as the Approved design, could be made much more efficient, with consequential benefits in terms of reduced visual impact. 3
In terms of floor area, the proposed new dwelling is almost 5% smaller than the Approved dwelling and, being more efficiently planned, the East elevation moves 2.8m to the West, and the North elevation 2.2m to the South; when viewed from Scarlett Road, this means that the massing of the dwelling is visually reduced from the existing, as its ridge line is set at the same height as the existing, but the two public-facing elevations physically and visually move further away from the public viewpoint.
As in the previous design, the car parking and ancillary accommodation has been moved to be 'behind' the dwelling from the public viewpoint, and the opportunity has been taken in the replan to create both the primary and secondary accesses to the house from this parking area. This, combined with the dwelling being set back from the lane by a further 2.2m (just over
North elevation, as indicated on the Proposed Site Plan, that will further contribute to reducing the visual impact of the dwelling; further, this revised approach for the primary entrance allows the Manx stone wall to be re-established along the lane, where it existed prior to the erection of the existing dwelling, helping to further reduce the visual impact of the proposed dwelling.
So that the occupants have the highest levels of amenity, where possible the habitable accommodation that is to be primarily used on a day-to-day basis is located on the southern elevation, to benefit from maximum natural daylight and sunlight, with extensive rural and coastal views.
The single storey Kitchen/Dining/Living space allows maximum natural light into the two storey entrance hall at First Floor level which, in turn, brings natural daylight and sunlight into the heart of the two storey element of the house and the stair is arranged so that it does not impede the light. That theme is continued in the single storey extension, with a continuous frameless glass rooflight and window not only capturing large amounts of daylight, but also enhancing the view towards, and connection with, the surrounding countryside from the moment the house is entered.
In addition to being a more muted material, the use of natural stone in the Ground Floor walls is intended to reference the existing stone boundary walls to both Curlew Cottage and the adjacent Scarlett House, and further reinforce the visual connection of the house to its rural setting; many of the existing stone walls have already been repaired and rebuilt, where they were damaged.
The south-facing terrace is again positioned to ensure maximum benefit from the sun, and the garage is set to the side of the terrace not only to ensure that it is hidden from public view but, further, to act as a shelter for the terrace from the prevailing wind.
The use of the rill and pond as part of the design of the immediate surroundings to the house is intended to tie the house into the landscape further, by connecting to the water feature proposed within the landscaping proposals, and creating the opportunity for flowing water, aerating the same and maximising benefit for the site's biodiversity."
2.5 In addition to the above, the design statement also notes the following landscaping proposals which are broadly similar to those put forward as part of the previously approved submission:
3.0 PLANNING HISTORY - 3.1 23/00681/B - Extend and remodel existing dwelling, install ground mounted photovoltaic panels, change of use to part of agricultural field adjacent to residential curtilage
4.0 PLANNING POLICY - 4.1 The application site is identified on the Area Plan for the South as 'white land' and within an area of countryside that is not designated for development. The dwellinghouse and building are shown outlined on the plan. The site is not within a Conservation Area or at any flood risk from surface water or tidal flooding. - 4.2 The land is also linked to Map 2 Landscape Assessment Areas; that identifies site is within an area that is broadly classified undulating lowland Plain and rugged coast - Ref E10 on the landscape constraints plan on the Area plan for the South. - 4.3 Within the written statement for the area plan for the south Ref E10; Castletown Bay "The overall strategy is to conserve the character, quality and distinctiveness of the coastal area with its rich ecological habitats, open and expansive panoramic views, and to conserve the coastal setting of Castletown". - 4.4 The site/ area is further noted in F8 "Poyll Vaaish and Scarlett Peninsula; "The overall strategy is to conserve the strong sense of openness throughout the area, with strong field pattern as well as the setting of the numerous archaeological sites and wartime structures within the area". - 4.5 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy
Spatial Policy 5 Development in the countryside to be in accordance with General Policy 3
General Policy
Housing Policy
Transport Policy 4 Highways safety 7 Parking
4.6 Residential Design Guide (2021) 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.
5.1 Malew Parish Commissioners - No objections (10.01.24) - 5.2 Highways Services - Development would have no significant negative impact upon highway safety, network functionality and/or parking providing the front boundary treatment is no higher than 1m from the existing lane level. (15.12.23) - 5.3 DEFA Biodiversity - The Ecosystem Policy Team are writing to provide our support to the proposed scheme, which, if landscaped as per the Landscaping Plans, should provide net gain for biodiversity on a property which is currently largely devoid of wildlife features.
Our one concern is that there seems to plans for a clear glass balustrade around the 1st floor terrace. Transparent glass windows/balustrades pose a collision risk to birds when they are in flight and could result in their injury or death. In 2004 the British Trust for Ornithology (BTO) estimated that up to 100 million birds strike glass each year in the UK and this is based on the number of ringed birds found dead near a window. Especially with the plans to include bird boxes on the property and wildlife encouraging landscaping, it's important that measures are put in place to prevent bird strikes. Therefore we request that a condition is secured for no works to commence unless a plan detailing the measures that are to be put in place to prevent bird strikes on the clear glass balustrades, is submitted to Planning and approved in writing. Measures could include use of etching, ultraviolet coatings or decals. Alternatively, the applicants may wish to provide details of these preventative measures prior to the application being determined.
The applicants note that the area immediately around the house will include use of some nonnative plants, which is fine, but no Wildlife Act 1990 Schedule 8 invasive non-native plant species, cherry laurel or Rugosa Rose should be used.
The Design Statement with accompanying photographs, indicates that the property is fairly modern and well maintained, meaning the likelihood of roosting bats or nesting birds in the property is low and we do not believe that ecological assessments are required. However, the applicants should make sure to undertake thorough checks for bats and birds prior to building demolition and should any evidence be found then the Ecosystem Policy Team should be contacted for advice on how to proceed. (21.12.23)
The Ecosystem Policy Team can confirm that we are content with the proposed measures to be put in place to prevent bird strikes on the clear glass balustrades, as detailed in the agent's email to Planning dated 22 December 2023. We therefore request that the placement of ultraviolet decals, 10-15cm apart on the clear glass balustrades is secured as a condition on approval. (03.01.24)
5.4 Manx Utilities Authority - no response received at the time of writing.
6.1 The site falls within the open countryside and an area not zoned for development within the Area Plan for the East. There is a general presumption again development in the countryside with development to be focussed towards defined settlements in accordance with Spatial Policy 5. Development will only be permitted in the countryside in accordance with the exceptions outlined in General Policy 3, one of which includes 'the replacement of existing rural dwellings'. - 6.2 Environment Policy 1 advises that the countryside will be protected for its own sake, and development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms. Environment Policy 2 adds that when considering development in Areas of High Landscape Value (AHLV's), the protection of the character of the landscape will be the most important consideration, unless it can be shown that the development would not harm the character and quality of the landscape, or the location for the development is essential. - 6.3 The proposals relate to the replacement of an existing dwelling in the countryside, the principle of which is acceptable in accordance with Housing Policy 12 provided the dwelling has not lost its residential use by abandonment and is or architectural or historic interest and capable of renovation. Neither of these are considered to apply in this case. - 6.4 The assessment of the scheme then turns to Housing Policy 14 which states 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 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."
6.5 In this instance, the existing dwelling is noted as comprising a floor area of 241sqm, the replacement dwelling to comprise a total floor area of 367.5sqm; an increase of 52%. Such an uplift in floor area relative to the existing situation is noted to only marginally exceed the 50% threshold typically permitted. In any case, there is provision within the above policy for larger dwellings where these would replace a property of poor form and be of a traditional character, or where the design and sting of the new dwellings would be reduced relative to the existing. - 6.6 The proposed dwelling, in terms of its design, built vernacular and materials palette, would not amount to a 'traditional styled' dwelling in accordance with the principles set out in Planning Circular 3/91. Indeed, the design is considered to amount to a modern take upon traditional built vernacular through the use of an uncomplicated roof form and natural stone and cladding for much of the exterior. - 6.7 Whilst there is a clear preference for replacement dwellings in the countryside to consist of a more traditional form in line with the principles of Planning Circular 3/91, Housing Policy
7.1 The proposed replacement dwelling is considered to be of a high standard of design and suitably appropriate for this countryside location, without detriment to the visual amenities of the wider landscape. The proposals would allow for a more holistic form of development relative to the current property, whilst largely reducing its visual impact upon the site's immediate setting. The development is further complimented by an appropriate landscaping scheme which would improve the site's biodiversity credentials. The proposals are therefore deemed compliant with Strategic Policies 4 and 5, Spatial Policy 5, General Policies 2 and 3,
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
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:…25.03.2024
Signed :……………T COWELL……………………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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