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Applicant: Mr Paul Walker Proposal Erection of detached dwelling with triple garage and ancillary accommodation above with associated landscaping, driveway and new vehicular access Site Address Grenaby House (formerly Thie Vane) Junction At Foxdale And Grenaby Roads Ballasalla Isle Of Man IM9 3DR Case Officer : Miss S E Corlett Photo Taken: 30.10.2020 Site Visit: 30.10.2020 Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 15.02.2021
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 no trees which are shown as being retained on the proposed drawings are removed as part of the development and so that the development is undertaken in accordance with the approved drawings.
Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
Reason: A reason why the application is considered acceptable is due to the overall environmental impacts as outlined on Housing Policy 14 and namely the eco efficiency credentials of the new dwelling.
Reason: the finishes are a significant element of the scheme and must be installed and successfully maintained in order for the development to be undertaken in accordance with the proposed drawings.
Reason: to ensure that the approval does not result in an additional dwelling in an area not designated for development.
This application has been recommended for approval for the following reason. The proposal is considered to accord with Housing Policies 12 and 14 and Environment Policy 1 of the Strategic Plan.
Plans/Drawings/Information; This decision relates to drawings 01 and 02 received on 17th September, 2020 and 17014 03A, 17014 04A and 17014 05A all received on 8th December, 2020.
Additional Persons None
________________________________________________________________ Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPLICATION IS RECOMMENDED FOR APPROVAL AND THERE IS AN OBJECTION FROM THE LOCAL AUTHORITY
1.1 The site is the curtilage of an existing dwelling which sits on the corner of the A3 Foxdale Road and the B41 Grenaby Road. The property is a relatively modern one which has a dormer bungalow at its core with various extensions, some taller, some shorter than the main part, all finished in light coloured tiles and white painted render under a blue double Roman tiled roof. The property sits in 0.6 ha of residential grounds, mostly lawns surrounded by trees and shrubs and is clearly visible from both the A3 and the Grenaby Road although there is a mature evergreen hedge running along some of the southern boundary with the Grenaby Road. The curtilage as shown here is the same as that in the previous two applications and includes the access driveway and two large pieces of grassed paddock/garden on each side. - 1.2 The area has few buildings within it, with two relatively recent and traditionally designed two storey dwellings - Merrywood and Silverdale House immediately across the A3 with Ballahott Cottage to the south of these and a former traditional cottage - Ballakewin Farm which has been altered and extended over time and has lost some of its original character and charm across the Grenaby Road from the site facing the A3. - 1.3 The existing house appears as a non-traditional property, larger than its neighbours and somewhat out of keeping with the otherwise relatively traditional character thereof although the impact is limited by existing planting around the edge of the site. The existing house is visible from the north and also from the south at the corner and at the gated entrance to the site although otherwise the boundary hedging effectively screens the existing dwelling from view from the Grenaby Road. THE PROPOSAL
2.1 Proposed is the replacement of the existing dwelling with a new one. What is proposed is different in terms of appearance and size and position in that the proposed dwelling will be further forward (south) than the existing. The existing dwelling has a floor area of 371 sq m and a tallest height of 8.45m within a basic, compact footprint of 17m by 16m. What is proposed has a floor area of 565 sq m and a maximum height of 7m. - 2.2 The new building is shallow monopitched roofed arranged in a butterfly shape and finished in natural stone cladding, "enhanced grain composite cladding" and a living green wall in places with large expanses of glazing and a sedum roof. - 2.3 The applicant describes the existing as a non-traditional house which is set within 1.5 acres of land and whilst planning approval was granted for extensive remodelling under 19/01178/B which was approved, they consider that a new property constructed in a slightly better position would be the correct solution in planning terms and would fit their aspiration for a more innovative design and give them a sustainable, healthy lifestyle property for the long term. - 2.4 They draw attention to the fact that the proposed dwelling is lower than the existing and consider that the use of design and materials enable the building to "blend seamlessly into the environment". The building faces south with large areas of glazing to maximise solar gain and the northern side has smaller windows to minimise heat loss. They refer to the use of granite and wood although these are not included in the proposed drawing annotations (the supporting
statement suggests that the stone cladding will aim to match the natural stone cladding of the granite found on buildings on the Ballamodha Road and the area generally, and refer to landscaping opportunities to plant native shrubs with nectar rich flowers, seeds and nuts and berries although no detailed planting scheme has been provided other than references on the site plan to "small fruit trees", "shrubs/decorative planting" and "native planting to the perimeter of the patio". They refer to the previous approval of the creation of a new access and the planting which has already been undertaken along the eastern side of the site.
2.4 Helpful montages have been provided which show the proposed property in context. - 2.5 The applicant describes the use of increased levels of insulation, well insulated window frames and glazing, thermal bridge free design and construction, and air-tight building envelope, mechanical ventilation with heat recovery and kitchen utilities and bedrooms aligned over each other on the northern side maximising heat recovery with minimal ducting. They also refer to close temperature control with electrically driven reverse cycling heat pumps and reference is made to solar/photovoltaic cells although these are not shown on site. - 2.6 They consider that the application complies with Housing Policy 14 as it would result in an overall environmental improvement as
the living wall and sedum roofing would provide an increased range of natural habitats the extensive use of glass, stone, sedum living wall and wood would ensure that the house blends better with its backdrop than does the existing the movement of the house further from the boundaries will reduce its impact from the east and allow more opportunity for trees to flourish the replacement of a non-traditional building with one which is low energy contributes positively to the Island's global footprint the use of resin bound gravel driveway will provide a permeable finish the scheme complies fully with the Residential Design Guidance boundary treatment associated with the driveway is in keeping with the existing situation whilst the house is unashamedly modern its large windows are part of a well-designed contemporary scheme of appropriate form and scale utilising materials responsive to the locality that tone with its setting.
2.7 They explain that they have acquired the property just over four years ago and are conversant with eco-friendly and sustainable solutions and would like the completed property to be an example of progress in these areas on the Island and it is also important to them that the house blends in with the surrounding countryside. They note that there are no objections from the neighbours. They initially tried to remodel and refurbish the property to create a more cohesive layout and improved energy performance and indeed have planning approval for this but this does not give them anywhere near what they require. They have amended the initially submitted scheme to something smaller and what is now proposed represents an increase of 55% and is not in their view, an unusually large house which has recesses and terraces to add to the interest of the building. The proposal incorporates a lift for future needs. There is summer shading incorporated into the roofing and rather than a flat building as may be interpreted in the elevation drawings, the design incorporates different finishes and recesses together with a sedum roof and green wall planting which will add interest to the building and diversity for ecology. - 2.8 They explain that they desire privacy and have already planted trees behind the visibility splay and which will be augmented by additional planting once the setting out of the driveway has been agreed and which will also assist with the mitigation of traffic noise for the occupants of the property. They intend for the lower part of the site alongside the highways will be developed over time to expand on the applicant's self-sufficient aspirations. They add that it is likely that the scheme will change during development and they will continue to liaise with the Department in this respect. They hope to create a carbon negative home where excess energy
3.1 The site lies within an area which is not designated for development on the Area Plan for the South (2013) and within an area of Incised Slopes on the draft Landscape Character Appraisal where the following advice is provided:
Ballamodha, Earystane and St Marks (D14) The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.
Key Views Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons.
Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views.
3.2 Implications of this designation are:
i. To protect and enhance the identity of Ballasalla by conserving the rural character of the adjacent landscape.
3.3 The Strategic Plan presumes against development in such areas as set out in General Policy 3 and Environment Policies 1 and 2 (the site lies within an area of High Landscape Value and Scenic Significance on the 1982 Development Plan Order) where the protection of the character of the countryside is of significant importance. Provision is made for the replacement of dwellings in the countryside in Housing Policies 12 and 14. - 3.4 The existing is certainly not traditional and was acknowledged as such in the previous application for extension. - 3.5 Housing Policies 12 and 14 are the most appropriate policy to be applied to this application as they provide specific guidance on the replacement of existing dwellings in the countryside, reflecting the requirement in Environment Policy 1 that the countryside should be protected for its own sake. HP12 requires that dwellings which are of architectural or historical interest and dwellings which have lost their habitable status should generally not be replaced with a new dwelling and HP14 provides detailed advice on replacements as follows:
"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."
3.6 The Residential Design Guidance provides advice on the design of new housing, suggesting that reference should be made to the context of the site and what exists within it, have regard to local distinctiveness (paragraph 4.3.8 of the Strategic Plan). It refers to the character and context of any development being created by the locally distinctive patterns and form of development, landscape, culture and biodiversity which build up over time and tell a story of the site's history and evolution - the creation of a sense of place. It states that the character and context of a site should influence design positively so that development does not simply replace what was there but reflects and responds to it. PLANNING HISTORY - 4.1 Previous applications have allowed the creation of a new access (17/00570/B) closer to the junction and various alterations and erection of garaging and extensions and alterations (19/01178/B) most recently. REPRESENTATIONS - 5.1 Malew Parish Commissioners recently discussed planning application 20/01077/B Grenaby House, Grenaby Road, Malew and are of the opinion that the application maybe contrary to the requirements of Housing Policy 14 of The IoM Strategic Plan (09.10.20). They go on to clarify these comments by adding on 22.09.20 that:
"The Commissioners think that HP 14 is quite subjective in that it allows " buildings of innovative, modern design…" which the proposal maybe. However they are unsure that it would "not result in adverse visual impact". I sometimes think that the visualisations contain within planning applications, in general not just this one, sometimes do not do the proposals any favours. In this case they make the proposal look huge, almost like an office block in a rural location, against the existing more traditional dwelling. But in fact the new dwelling proposed is only 55% larger than the existing and does have interesting features in its design. The Board's intent was to draw the attention of the subjective nature of HP14, but would respect the decision of the planning officer/committee regardless of whether that was approval or refusal."
5.2 This view is not changed by the amended plans, confirmed by e-mail dated 25.01.21.
5.2 Highway Services do not object to the application, considering that "The proposal is unlikely to raise road safety or highway network efficiency issues with a betterment over the existing access arrangements. Accordingly, Highway Services raise no opposition subject conditions for creating the access, including visibility splays, closure of the existing access and reinstatement
of the boundary and verge and internal pedestrian and vehicle areas to accord with Drawing No: 17014 03. An advisory to apply too for s109(A) Highway Agreement" (17.09.20).
5.2 DEFA's Arboricultural Officer notes that the development only involves the removal of one silver birch, to which they have no objection but recommend that the only one high quality tree on the site, a sycamore near the northern boundary and this should be protected during development and a suitably worded condition should be attached to any approval:
No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees (a tree protection plan) are prepared in accordance with British Standard BS5837:2012 - Trees in relation to Design, Demolition and Construction Recommendations and agreed in writing by the Department. These measures shall be carried out as described and approved. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department (04.11.20).
6.1 The key issue here is whether the proposed replacement dwelling would have an acceptable impact on the countryside with regard to the advice provided in Housing Policy 14 and the Residential Design Guidance.
6.2 The character of the existing dwelling is mixed in that the building itself has a variety of facades, heights, roof slopes and styles but sits within a sizeable curtilage which could be expected to accommodate a grander property than it presently does. What was approved under 19/01178/B was considered "perhaps more in keeping with the character of the site" and the significant changes that were approved under this application demonstrates that what exists was not worthy of preservation in its present form. As such, HP 12 is considered to be satisfied in this case and the principle of replacement is considered acceptable.
6.3 What is proposed is unashamedly modern and responds to the applicants' desire to have a thermally efficient property which accommodates their needs. It is designed with the future in mind, including space for a lift and enough space for live in care. Its design stems primarily from the aspiration to maximise light and thus has large windows in the south facing elevation which then lends the building to a modern appearance and form. The building incorporates planting and relief which is perhaps not immediately appreciable from the elevation drawings but is more apparent in the visualisations which themselves are not quite accurate in that one shows a completely flat site devoid of landscaping and the other shows landscaping which may not be exactly as is proposed.
6.4 There are a number of tests within HP14:
"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."
6.5 The proposed dwelling will be lower and 55% larger in footprint than the existing. This is marginally above the 50% which is referred to later in this policy and given the reduction in height, it is considered that the size of the dwelling is acceptable and an in accordance with this policy. "The new building should therefore generally be sited on the "footprint" of the existing" - 6.6 The new house will be slightly further from the footprint of the existing. However, this moves the building further from the road and from the public view which is considered to reduce the impact and is acceptable and in accordance with the policy. 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).
6.7 This is where the proposal begins to depart from the policy and where subjective judgments about design and impact are required. The property is not in accordance with PC3/91.
"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."
6.8 There is clearly provision within the policy for new buildings to be approved where they are not traditional in appearance or design but there is a judgement to be made in respect of the visual impact. What is proposed is modern and innovative in that there are no other buildings quite like it either in the area or generally on the Island and it has clearly been designed for this site. There are no stones or slate available for re-use from the existing dwelling and the new dwelling is not designed to look like the existing in any way. The proposed finish materials are more natural and less visible than those of the existing.
"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."
6.9 It could be argued that the proposal is not significantly larger than what is usually provided for in the policy and is lower so this part of the policy is not relevant but the crux of whether a proposal satisfies HP14 generally comes down to whether what is proposed has a less or better impact on the landscape. The property, if it would be seen would be very different from what surrounds it and, it could be argued would be unacceptable for that reason. However, it must be remembered that what exists is also very different from what surrounds it so what is proposed would be little different to that extent. The use of natural planting on and around the building is welcome as is the additional planting at the periphery. - 6.10 The design of the house stems from its desire to be thermally efficient with large windows in the south facing elevation. This will result in a property which is unable to appear traditional, however, the modern design is softened by the recesses and overhangs and the use of its finish materials. It is also a material consideration in the weighing up of its environmental impact to consider the thermal efficiency and environmental friendliness of the scheme and in this case, the building will be better performing in both respects than what exists. The applicant's offer to accept a condition which requires the new building to achieve a SAP rating of 97 helps secure this. - 6.11 The recommendation in this case is finely balanced and it could as easily be the case that the decision-maker decides that what is proposed is modern and innovative and makes a positive contribution to the environment including its visual contribution as it could be that it decides that the proposed dwelling is out of keeping and inappropriate due to its very different design, shape and finish. Given that the house will achieve a very high standard of thermal efficiency which relates partly to its design, position and orientation, and that what exists is not traditional and is higher and ultimately more visible than what is proposed, it is considered on balance that what is proposed complies with HP14 where it allows replacement buildings which are modern and innovative. As such the proposal is supported.
7.1 The application is considered to accord with Environment Policy 1 and Housing Policies 12 and 14 and Environment Policy 1 of the Strategic Plan. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 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 the Planning Committee in accordance with the authority afforded to the it 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: 01.03.2021
Signed : S CORLETT 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
Application No. : 20/01077/B Applicant : Mr Paul Walker Proposal : Erection of detached dwelling with triple garage and ancillary accommodation above with associated landscaping, driveway and new vehicular access Site Address : Grenaby House (formerly Thie Vane) Junction At Foxdale And Grenaby Roads Ballasalla Isle Of Man IM9 3DR
Principal Planner : Miss S E Corlett Presenting Officer As above
The Planning Committee approved the application at its meeting of 1st March, 2021 subject to the amendment of C3 to add that the development must be undertaken in accordance with the approved details and at C7 this to be added along with a requirement for approval of all external finishes and any exterior lighting. An additional condition was also attached to require the development to be a single dwelling.
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