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Application No.: 09/01935/B Applicant: Mr & Mrs Richard James Morris Proposal: Erection of a replacement dwelling Site Address: Cronk Ny Killey Jallow Maughold Isle Of Man IM7 1AX Considerations Case Officer: Mr Chris Balmer Expected Decision Level: Senior Planning Officer Written Representations Laurieston House Booilushag Ballajora Ramsey Objects to the proposal 33 Ballaquark Douglas Isle Of Man IM2 2EY Objects to the proposal Consultations Consultee: Highways Division Notes: Do not oppose 14January 2010 09/01935/B Page 1 of 6 Consultee: Maughold Commissioners Notes: Defer. #### 28.12.09 - comment 08.01.10 - The Commission has previously submitted objections to this application. These objections are that: - The proposals would be an unacceptable intrusion in this area of extreme cultural and scenic significance. - The site is also within a zoned conservation area. - The location is beside the Raad ny Fooillan. - The replacement of a single storey dwelling with one of two storeys is a further unacceptable intrusion in this location. - The proposals constitute new development in the countryside, in an adjacent field to the current property which is zoned for agricultural use. - The current property nestles into the landscape in an unobtrusive fashion and is likely to have stood for a period of several centuries. - The Commission note that the proposals contradict the intention of the Role of Landscape Character Assessment in Development Documents which are currently being established as Planning Policy. Members note the reference of Mr Shimmin in the foreword to this document in which the 'stunning coastline' around 'the high cliffs of Maughold' are referenced. Any development at this site must not be permitted to contradict the Isle of Man Strategic Plan or the Directorate's own emerging planning policy. The Commission strongly object to these proposals. Consultee: Manx Electricity Authority Notes: see note 1 ---
The site represents the residential curtilage of Cronk Ny Killey, Jallow, Maughold, which is a single storey detached Manx cottage, located on the north-western side of the A16 road and southwest of Maughold Village.
The application site is within an area recognised as being an area of 'White Land', under the Isle of Man Development Plan Order 1982. The site is within Maughold Conservation Area and within an area zoned as High Landscape or Coastal Value and Scenic Significance.
Due to the zoning of the site, and the nature of the proposed development, the following Planning Policies are relevant in the consideration of the application:-
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09/01935/B
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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.
"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:
"Environment
Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
There are no previous planning applications which are considered relevant in the assessment and determination of this application.
PROPOSAL
The application seeks approval for the erection of a replacement dwelling. The dwelling would have a width of 16 metres, a depth of 10 metres and a ridge height of 10.8 metres. The dwelling would also be sited approximately 20 metres north-west of the existing dwelling.
REPRESENTATIONS
Maughold Commissioners have objected to the application for the following reasons:-
"The Commissioners ask the Department if these 'new build' proposals should have been accepted. Contrary to Mr Morris' assertions the proposal contradicts both the intention of spirit of Housing Policy 14 of our Strategic Plan. The proposals also contradict the intention and spirit of the Landscape Character Assessment document which is currently being considered for implementation by the Department.
The Commissioners are also sure that the Department does not need reminding that the proposals for demolition and, effectively, a new build in the countryside, are within a conservation area.
The Commissioners challenge any party to provide evidence that any other part of the Island's landscape is more worthy of protection from development. Any development of this agricultural land would be clearly viewed from the summit of Maughold Head - Maughold Village is recognised as holding the finest collection of Celtic/Norse crosses in the world, and, according to legend, is the point where Christianity entered the Island. This landscape must be maintained and any development which compromises its identity must be avoided.
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In short the integrity of the Ancient Maughold landscape must be protected for our future generations.
The Commissioners would be very willing to meet with the new owners of the property at the surrounding Cronk Ny Killey to discuss proposals for any future development at the site.
The Department of Transport Highway Division do not oppose:
"Has no traffic management, parking or road safety implications."
The Manx Electricity Authority makes no comment on the merit of the proposed development but requests that an informative note be attached to any approval decision notice.
The owners/occupiers of Laurieston House, Booilushag, Maughold, have objected which can be summarised as; any new development would be of detriment to the area which is of high natural beauty and unmarred by modern development.
The owner/occupier of 33 Ballaquark, Douglas, has objected which can be summarised as; the majority of the proposed new residential curtilage is a field; the land is not zoned for development; and contrary to Environmental Policy 1.
Starting with the principle of the development, the existing dwelling was once a traditional Manx cottage. However, after a number of alterations which include a flat roof rear extension and enlarged of the window apertures and the installation of modern styled windows, the property has lost some of its traditional characteristics. Discussions with the Departments Conservation Officer have also taken place and from these discussions it is considered the existing dwelling is of limited appearance and does not add significantly to the character of the conservation area.
As indicated previously, the relevant policy for the determination of this application is Housing Policy 14. This policy indicates that generally a replacement dwelling should not be larger than 50% of the existing floor area measured externally, sited on the existing footprint and comply with Planning Circular 3/91.
In this case the existing dwelling has a footprint of approximately 101.5 square metres, and the proposed dwelling would have a total footprint of approximately 318.6 square metres, which is a 213% increase over the original building. Additionally, the proposal would not be on the existing footprint, but located 20 metres northwest of the existing. Also due to the siting the proposal includes a new driveway from the existing access which is approximately 30 metres in length to the frontage of the new dwelling. The driveway also incorporates a turning facility and a parking area would accommodate a number of vehicles.
For these reasons the proposal would not comply with the first paragraph of Housing Policy 14. However, the second paragraph of Housing Policy 14, does indicated that there may be some flexibility. The paragraph forms two parts; firstly, the proposal is replacing an existing dwelling of poor form with one of more traditional character and secondary, or where by its design or siting, there would be less visual impact.
The existing dwelling due to previous extensions and alterations could be considered to be of 'poor form'; and therefore there is some scope on this site for a dwelling larger than the generally permitted 50% of the existing floor area.
Dealing with the design any replacement dwelling, policies 2-7 of Planning Circular 3/91 are required to be considered. These policies deal with the design, proportion and massing of the proposed dwelling.
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The proposal in terms of is proportion have taken similarities from a traditional Manx farmhouse with five upper front windows over a central doorway which is flanked by two windows either side. The proposal given its width is larger than a traditional Manx farmhouse property, which is evident with this scheme given the larger rectangle window above the flat roofed porch and the resulting larger spacing between the rectangular window and the windows either side.
The window fenestrations are proposed to be timber sliding sash which would be appropriate. The exception to this is the rear ground floor large sliding opening doorways, however as these would be within the rear elevation and would not be apparent from the public highway they are considered acceptable.
The finish of the proposal would be with traditionally laid Manx stone with a natural slate roof. This would be acceptable in terms of Planning Circular 3/91.
Overall, whilst not wholly compliant with Planning Circular 3/91, given the first floor rectangular window area, it is considered the proposal in terms of proportion, form and design would be acceptable and would be of a more traditional design over the existing, given the past alterations to the property.
However, there are serious concerns with the siting and size of the proposal. Currently the existing single storey dwelling is located adjacent to the public highway and within a group of two other dwellings. It should be noted that the site is on the side of a hill side and therefore is very apparent when travelling or viewing towards the site, along the adjacent public highway from the south of the site.
The proposal would also increase the residential curtilage of the site significantly. Currently the curtilage has approximate width of 41 metres and a depth of 18 metres. The proposed site as indicated with the red line includes the existing curtilage but also the entire agricultural field attached to the existing site. This curtilage has an approximate width of 210 metres and a depth of 111 metres. The submitted drawing seems to indicate with a dotted line the extent of the garden of the proposal, with the remaining field proposed as parkland with proposed tree planting.
Overall, it is considered as the proposal would result in a two storey property 213% larger than the existing single storey cottage, and would also result in the property being within an isolated prominent position within an agricultural field, thus would have a significant impact upon the visual appearance of the countryside and the conservation area. Furthermore, whilst the orientation of, and materials used within the proposed dwelling may help to reduce potential visual impact it is concluded that a larger dwelling in this location cannot be said to have less visual impact than this existing situation, but a significant increase. Furthermore a residential curtilage as proposed would further increase development into the countryside through items associated with day to day living, furthering the impact of the dwelling within the landscape, contrary to planning policy.
A further concern is given the size, height and roof pitch, which results in an attic space which is significantly large and could, with internal alterations, result in a sizable amount of living accommodation. Concern is raised of such a space given the possibility for a subsequent application for roof lights to form living accommodation, which from a planning policy stance would be difficult to refuse given the small impact of roof lights. Whilst the attic floor area has not been taken into account when working the percentage increase, this aspect is a further concern to why such a sizable development is unacceptable.
RECOMMENDATION
Overall, for the reasons set out in this report, it is considered the proposal would contravene with the relevant policies as indicated within the Isle of Man Strategic Plan and Planning Circular 3/91, and therefore it is recommended that the application be refused.
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