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Application No.: 21/00203/B Applicant: Mr & Mrs James & Suzzane Greenhalgh Proposal: Erection of a replacement dwelling with associated landscaping Site Address: The Warren Clannagh Road Santon Isle Of Man IM4 2HP Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 23.04.2021 _________________________________________________________________
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: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
undertaken so as not to damage lizards or their habitat and must also take account of the presence of any Schedule 8 species of the Wildlife Act 1990.
Reason: to ensure that the development does not contravene Environment Policy 4 of the Strategic Plan.
This application has been recommended for approval for the following reason. The development is considered to accord with the Area Plan for the East and Housing Policy 14 of the Strategic Plan
Plans/Drawings/Information; This decision relates to plans reference 1, 2, 3A, 4A, 5, 6A, 7A, 8 all received on 26th February, 2021. _______________________________________________________________
Additional Persons
Department for Infrastructure is a Government Department which has raised material planning considerations so should be afforded Interested Person Person Status. _____________________________________________________________________________
Officer’s Report THE SITE
1.1 The site is the residential curtilage of an existing dwelling, The Warren, which sits on the western side of the Clanna Road which links the A5 and the Stuggadhoo. Immediately to the south east of the site is another dwelling, Clannagh House which sits to the south east of the application dwelling. To the south west of the site and the dwelling is a third dwelling, Ballacorris Croft. - 1.2 The existing dwelling on the application site is set below the level of the road but is visible therefrom with Clannagh House being higher and more prominent from the highway. Both properties appear as relatively modern properties with tiled roofs and light coloured, rendered walls set in relatively spacious grounds which are mostly lawned. These properties are also visible from much further south, near St. Mark's as white rectangles sitting in a rough line along the southern side of Chibbanagh. - 1.3 The existing dwelling has a detached garage between it and the road and a detached outbuilding at the lower, south western end of the site. THE PROPOSAL
2.1 Proposed is the replacement of the existing dwelling and garage with a new dwelling. The new dwelling will be in the same place as the existing and slightly lower down the site than the existing garage. - 2.2 The existing house has a floor area of 588 sq m and a highest height of 8.6m although the property has underbuilding at one end and effectively three levels at this point. There is a further garage with accommodation on the upper floor which affords 236 sq m and a detached garden store which provides a further 21 sq m. There is a further detached building at the lower end of the site which has not been included in these calculations as it is not to be replaced. - 2.3 The proposed dwelling will have a floor area of 898 sq m and will sit on the footprint of the existing albeit slightly re-orientated towards the south west. Ths proposed dwelling is marginally higher than the existing (between 1 and 1.5m) as is shown in the section drawing 3A). The applicant explains that the proposed orientation has been designed to face south as far as is possible without adversely affecting the neighbouring dwellings, to optimise the effectiveness of the solar panels on the roof and the electricity generated will be stored in batteries on site and in the winter months the batteries will be charged up at times where there is a lower demand for
3.1 The site lies within an area designated as not for a particular purpose and also within a Landscape Character Area (a classification system which replaced the Areas of High Landscape or Coastal Value and Scenic Significance in the East) of Incised Inland Slopes on the Area Plan for the East (2020). As such, there is a presumption against development other than where it would accord with other Strategic Plan policies, including Housing Policy 14 which provides guidance on the erection of replacement dwellings:
Housing Policy 14 states: "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 generally, 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 which involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design and or siting, there would be less visual impact."
3.2 The Area Plan for the East Landscape Character Appraisal provides the following advice for the area in which the application site sits:
Landscape Strategy Conserve and enhance:
Key Views Open and expansive views from the higher areas along the rugged coast in the east and inland towards the upland areas over Braaid. Incinerator chimney forms a notable landmark in the immediate area. Glimpsed views framed by vegetation in the valley bottoms and along the main roads where they follow the wooded valley bottoms. Views in the northern part of the area up to the Transmitting Masts on top of Douglas Head hill top. Views from Isle of Man Steam Railway.
Landscape Proposal 7 (Santon) In cases where new development is proposed, applications must demonstrate that it can be suitably integrated into the surrounding landscape setting through reasonable mitigation measures and considering siting, colours, materials, finishes and the general scale.
3.3 The site does not lie within any Flood Risk Area or Conservation Area and none of the buildings on the site is Registered Building and there are no protected trees on the site. - 3.4 Environment Policy 4 protects ecology. PLANNING HISTORY
4.1 The house has been the subject of applications for alterations and extensions in the 2000s. The detached building at the bottom of the site was approved under 05/00727/B and was for a general purpose building for storage of motor caravan, garden equipment, tractor and trailer and classic cars. The approval was subject to a condition which, inter alia, stated "This approval relates to the extension of the existing driveway and the erection of a general purpose building for storage of private motor vehicles and garden equipment all associated with "Ballaconneyn" (formerly "The Warren"), as show in the drawings received on 18th April, 2005. REPRESENTATIONS - 5.1 Highway Services do not oppose the application (19.03.21).
5.2 DoI's Flood Risk Management Team confirm that there is no flood risk management interest in this application (13.04.21).
5.3 DEFA's Ecosystems Policy Office report that there are records of lizards on the sod banks in this area and that the application intends to retain but reduce the height of the banks and as such the habitat is to be retained with new areas of sod bank and wildflower planting. However, there is potential for lizards or their habitat to be damaged or destroyed by the work to reduce the height of the sod banks and they recommend a precautionary method statement for common lizards is provided by planning condition. Additionally there are no records of Japanese Knotweed on the site but it could be present. The wording of the condition which is recommended is not enforceable due to the level of detail of the activities required but a condition could be attached which requires the submission of a method statement setting out how this issue will be dealt with. The spreading of Japanese Knotweed is an offence under the Wildlife Act 1990 and therefore it is not appropriate to attach a condition to deal with this through the planning process although it could be required to be referred to in the PMS above. They also recommend notes to draw attention to the Wildlife Act 1990 (09.04.21). ASSESSMENT - 6.1 The issue in this case is whether the proposed dwelling would have any adverse impact on the character and appearnace of the area having regard to Housing Policy 14 and the Landscape Character Assessment in the Area Plan.
6.2 HP14 gives clear guidance on the siting and size of replacement dwellings with which the proposal complies as the proposed dwelling is to be sited on the footprint of the existing and the increase over the house and garage is 9%. It is relevant that the existing property is not of any particular architectual merit and a replacement dwelling of over 50% may have been considered acceptable. What is proposed is more interesting and more sustainable in terms of its incorporation of renewable energy devices, many of which are capable of being erected without planning approval under the Permitted Development Order.
6.3 The residential curtilage is significant but has not changed since the previous applications. There is nothing which prohibits the erection of extensions and additional sheds, greenhouses etc so a condition preventing these is not considered reasonable. However, since the floor area of the existing garage has been taken into account in the assessment of the current proposal, it is
considered appropriate to attach a condition to any approval of this application which suspends the PDO in respect of its provisions for additional garaging to be erected.
6.4 There are no issues of flooding in this area and the issues raised by the Ecosystems Policy Office can be addressed by condition where this is appropriate. CONCLUSION - 7.1 The development is considered to accord with the Area Plan for the East and Housing Policy 14 of the Strategic Plan and is supported. 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 can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 23.04.2021 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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