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Application No.: 20/01554/B Applicant: Mr & Mrs Andrew Walker Proposal: Alterations and erection of an extension and garage Site Address: Ballaleigh Ballaleigh Road Kirk Michael Isle Of Man IM6 1HJ Planning Officer: Miss Lucy Kinrade Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 27.07.2021 _________________________________________________________________
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 suitable tree mitigation is provided and is properly implemented in the interests of preserving the amenity of the setting of the site, the wider landscape and maintaining suitable natural habitats of the area.
Subject to a tree planting condition the proposal is considered to comply with Housing Policy 16, Environment Policies 1, 2 and 3 and Strategic Policy 4(b) of the Isle of Man Strategic Plan 2016.
This approval relates to drawing numbers 20 1360 01, 20 1360 02, 20 1360 03, 20 1360 04, 20 1360 05 and photographs 1-11 all date stamped and received 24/12/2020 and Arboricultural Impact Assessment ref:AIA - 010321 and drawing numbers TS-010321 and TR-010321 all date received 14/04/2021.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations: o DOI Flood Risk Management _____________________________________________________________________________
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE DWELLING IS IN THE COUNTRYSIDE AND THE PROPOSED EXTENSION WOULD RESULT IN AN INCREASE IN FLOOR AREA ABOVE 50% OF THE EXISTING AND IS RECOMMENDED FOR APPROVAL.
1.1 The application relates to an existing detached dwelling known as Ballaleigh, Ballaleigh Road, Kirk Michael. The dwelling is set back around 135m on the northern side of the road. - 1.2 The existing house is one and half storey with dormers across both side of the roof slope. There is a projecting gable on the front elevation with windows across the ground and first floors. - 1.3 The main dwelling measures approx. 20m long x 9m wide and has an additional 2.6m wide single storey flat roof conservatory along the side gable and wrapping the rear elevation. - 1.4 The dwelling measures approx. 7m to the central ridge. The land slopes down towards the rear elevation. - 1.5 There is a mix of stone and pebble dash finishes to the external elevations and the roof is finished with concrete tiles. - 1.6 The existing dwelling has a floor area measuring 343sq m. - 1.7 The red line for the site encapsulates a number of other buildings as seen on plan, the original submission contained no information in respect of these building which was subsequently sought from the officer. Further information provided by the agent 10.06.2021 included details and photographs of these structures, one is an existing stone built garage building providing garaging, storage and workshop space for the application dwelling, other buildings comprise the original farmhouse which is rented out along with the shed and stone building nearest to it. PROPOSAL
2.1 The current application seeks alterations and extensions to the main dwelling including the erection of a linked garage extension with first floor living space. The proposed upwards extension of the main dwelling is to provide full two storey accommodation, the outwards extensions to the rear is to provide additional living accommodation across both ground and first floor, also included is the replacement of the side gable conservatory with a larger orangery, and the creation of the linked extension on the northern gable will join with the new
2.6 On plan the alterations, extension and linked garage provide a total floor area measuring 690sq m, which is an increase of 101% from the existing dwelling. - 2.7 Additional information provided by the agent outlines that the middle section of the existing stone garage building measures 5.45m x 5.45m which does not accommodate the applicants Bentley, nor is it insulated providing a suitable storage environment for it. The proposed garage extension element is required to allow suitable and insulated garaging connected to the house while the existing stone building is not redundant providing valuable space for general storage as well as agricultural equipment storage for the upkeep and maintenance of the land in the applicant's ownership.
3.1 There have been 6 previous applications which include Ballaleigh within the site line, the most recent being a Certificate of Lawful Use or Development issued for the use of the existing dwelling and its garage as general residential and not as an agricultural workers dwelling:
4.1 The site falls within an area zoned on the 1982 Development Plan as 'Woodland' and within an Area of High Landscape or Coastal Value and Scenic Significance (AHLV). The site is not in a flood risk area. Registered Tree maps indicate that those trees between the road and
the house are registered while those along the northern boundary behind the rear of the proposed garage are not. There is general presumption against any kind of development in the countryside as set out in Environment Policy 1, although there are some exceptions to this listed in General Policy 3 such as agricultural buildings, development of national need or conversion of existing rural buildings. While not listed as an exception alterations and extensions to existing rural properties is acknowledged and covered by Housing Policies 15 and 16 which address both existing traditional and non-traditional dwellings across the countryside and how each should be assessed. There are no policies that strictly support the development of domestic garages, although such structures are not uncommon for domestic dwellings, in fact it is understood that the existing house already has a garage and this proposal is to provide another.
4.2 In terms of the current proposal the works are fairly extensive and although some of the existing walls of the main house are shown as being retained, the level of work is akin to a replacement dwelling, with this in mind it wouldn't be unreasonable to have regard to Housing Policy 16 and Housing Policy 14 in the assessment of the proposal, along with Environment Polices 1 and 2 in respect of the visual impacts on the countryside and AHLV, Environment Policy 3 in respect of the designated woodland area and trees and Strategic Policy 4 in respect of nature conservation and landscape quality. The general principles of domestic development set out in the Residential Design Guidance 2019 will also be a material consideration. - 4.3 Housing Policy 16: "The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public." - 4.4 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." - 4.5 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." - 4.6 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:
4.7 Environment Policy 3: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value." - 4.8 Strategic Policy 4 (in part): "Proposals for development must: (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations;"
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Kirk Michael Commissioners - defer (01/02/2021) and no objection (07/05/2021).
5.2 Department of Infrastructure Highway Services - Do not oppose (27/01/2021 and 21/04/2021). - 5.3 Department of Infrastructure Flood Risk Management - No Flood Risk Management interest (19/02/2021). - 5.4 DEFA Ecosystem Policy Officer - request for additional information (03/02/2021) -no arboricultural assessment and tree protection plan have been submitted which should be submitted prior to determination. Replacement Manx native tree planting should be provided to mitigate the trees being lost to protect the nature conservation and landscape quality of this area as required by Strategic Policy 4 (b). - 5.5 DEFA Senior Forestry and Arboricultural Officer - requested an arboricultural impact assessment and tree protection plan on 19/01/2021 as without this is would not be possible to properly assess the impact of the significant number of trees to be removed nor to ensure a successful outcome for the retained trees. On 21/04/2021 updated comments were received confirming that an arboricultural impact assessment had now been submitted and the full extent of the tree removal required to facilitate this development was now clear and that the report shows that the majority of the trees to be removed are not worthy of consideration as material constraints and thus there would be no objection subject to a condition requiring suitable tree mitigation planting for the lost trees. - 5.6 No comments received from neighbouring properties as of 12/03/2021.
6.1 The proposals will result in fairly substantial upwards and outwards extension of an existing house, given that the works physically adjoin and sit amongst the existing cluster of built development and driveway surfaced areas there is to be no harmful spread of development across the countryside or AHLV in this case. The extensions result in a 101% increase to the existing house which could bring into question their subordinancy when judged against parts of Housing Policy 14, that being said and mindful of HP16 there is flexibility in the extension and alteration of non-traditional dwellings so long as they do not harm public view. The proposals in this case will result in an overall modernisation of a non-traditional property,
the result would not reflect the requirements of Planning Circular 3/91 as set out in HP14 but would not result in a dwelling any worse that the existing non-traditional dwelling, and given its positioning away from the road coupled with existing trees and vegetation it would also not adversely affect public view of the dwelling in line with HP16.
6.2 The key issues of the application were highlighted to the agent indicating concern for the loss of woodland trees in order to build a second garage on the site with no evidence explaining why the existing garage was not suitable nor any suitable justification for the loss of trees. The lack of information provided for the trees was also highlighted by two directorates of the Department who consequently requested additional information be provided prior to determination. - 6.3 Overtime the agent submitted information to demonstrate the arboricultural impact of the proposal and this was reviewed and considered acceptable by DEFA Arboricultural Officer subject to a condition requiring tree planting mitigation. It is considered that a condition to this effect would also help to satisfy those concerns raised by Ecosystems in respect of the need for native species being planted and appropriate and suitable natural landscape retained. - 6.4 Photographs and details of the existing garage were provided along with an explanation of the other structures shown within the red line of the application site. The agent explained that the existing stone garage is in full use for general storage and workshop areas and for storage of gardening and agricultural equipment for the upkeep of the land (it is not redundant),, but that due to its internal small size, age and lack of dry insulated space it does not provide suitable garaging for the applicants motor vehicles, thus the proposal now seeks for a second garage integrated and linked to the main dwelling with upgraded insulation and a slightly larger internal size. - 6.5 The Arboricultural officer has accepted the loss of the trees subject to condition. Looking to registered tree maps those that are indicated to be removed are not registered, while they still sit within the designated woodland area on the 1982 Plan on balance it is considered that their loss in this circumstance is acceptable and suitable mitigation required by condition will help to ensure that, in the long-term, there will be no net loss of trees or woodland area and that the nature conservation and landscape is ultimately sustained.
7.1 In terms of the wider countryside and landscape, the proposed works will physically join the existing dwelling and will be clustered amongst existing built development where there are limited views from public perspective. The site is interspersed with and surrounded by mature trees and woodland areas some of which are registered and which provide a backdrop to the dwelling and immediate area. The proposal for a second garage linking to the house will result in the loss of 9 trees but minded of information provided with the application coupled with the views of the Arboricultural officer and the recommended replanting condition that their loss in this instance is acceptable. The proposal is therefore considered to be acceptable in respect of Housing Policy 16, Environment Policies 1, 2 and 3 and Strategic Policy 4(b). INTERESTED PERSON STATUS - 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:
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 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: 09.08.2021
Signed : L KINRADE 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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