APL Planning Statement

PLANNING STATEMENT IN SUPPORT OF THE ERECTION OF DWELLING ON THE SITE OF BALLATIKI, SHORE ROAD, BALLAUGH

• 1.0 The site
• 1.1 The site lies on the northern side of Shore Road which runs from its junction with the A10 road from Ballaugh Cronk to Ballaugh Bridge towards the western coast of the Island. The site is the curtilage of Ballakinnag House and a separate dwelling, the former Ballatiki which was demolished recently.
• 1.2 The site has to the south east the curtilage of Ballakinnag New House which sits to the east of the site: to the immediate north is the curtilage of Sunsets, a detached, red roofed bungalow and there are a further eight properties between Sunsets and the end of Shore Road. There is no development on the other, southern side of the road and at the junction

• of Shore Road and the A10 is a former chapel which had planning approval for conversion to a dwelling and is currently for sale.
• 1.3 Ballakinnag House is a two storey dwelling which has a linked garage with accommodation above, to the south east. To the rear is a newly built shed.
• 1.4 Ballatiki was demolished between June and September, 2021 in accordance with 21/00011/BCD and the site is essentially part of the curtilage of Ballakinnag House (see below for the most recent application on the site for the replacement of Ballatiki with a summer house). Planning approval was granted for the garage/shed under 20/00648/B but this did not necessitate the demolition of Ballatiki. The dwelling was demolished on the basis that the application for the proposed outbuilding showed the access to the new building very close to the side of Ballatiki which required a landscaping scheme to protect the living conditions of both properties from the impacts of the use of the driveway. A re-built, repositioned dwelling could provide better levels of amenity for both its occupants and those in Ballakinnag House.

• 1.5 It was the applicant’s intention to upgrade Ballatiki to modern standards of thermal and energy efficient however, on looking into this more closely, it appeared that to do that, it would be beneficial economically, visually and energy wise, to replace the bungalow rather than refurbish it. The applicant then considered replacing the bungalow with a summer house/garden room which was the subject of 21/00712/B. This application was withdrawn before it was determined after the applicant changed his mind and decided that the best arrangement for their family was to redevelop Ballatiki as a dwelling in which his son could live on moving back to the Island. The dwelling, Ballatiki was demolished in anticipation of either its replacement with a new dwelling or its replacement with the summer house. The applicant was not aware of the planning implications of removing the dwelling before gaining planning approval for a replacement dwelling.

• 2.0 Planning policy
• 2.1 The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as not for a particular purpose and within an area of an area of High Landscape or Coastal Value and Scenic Significance.

• 2.2 The 1982 Plan is the only adopted plan for this part of the Island, although Cabinet Office are currently preparing an Area Plan for the north and west of the Island and have published the Main Consultation Document PP1 which relates to a consultation period between 16.04.21 and 25.06.21. A draft Area Plan must be published within 12 months of the end of the preliminary publicity and the document states that the Cabinet Office aims to produce a draft within 6-9 months (paragraph 13.1.2).
• 2.3 The Main Consultation Document PP1 also includes the following on design and sustainable construction:

“7.6 Design (including Sustainable Construction) Whilst the Isle of Man Strategic Plan gives some general design principles there is a need for the Area Plan to ensure that a high level of design is achieved at the local level. Specific Proposals which support development should reflect the local character, and take account of scale and materials where appropriate. Through the use of Development Briefs, the Area Plan will aim to identify potential sites that will allow for developments to integrate well into existing settlements and have the potential to create places which people are proud of and want to spend time in. Importantly, Strategic Policy 5 of the Strategic Plan already requires planning applications to be supported by a design statement that should illustrate how new development has been designed so as to make a positive contribution to the Island’s environment.”

• 2.4 This coincides with the latest advice by Department of Environment, Food and Agriculture on planning applications which should have regard to sustainable construction and the need to take into account Climate Change and biodiversity in the preparation of development proposals.
• 2.5 The national flood risk maps show no likelihood of flood risk to or from the site.
• 2.6 There are no Registered trees or buildings on the site and it is not within a proposed or adopted Conservation Area. An area of Registered Trees - RA1375 - sits opposite the site on the other side of Shore Road.

• 2.11 The current status of the site is that it is not designated for development according to the Isle of Man Planning Scheme (Development Plan) Order 1982. There are provisions for developing undesignated land on the following bases:

Replacing an existing building with lawful use (Housing Policy 14 of the Strategic Plan) Redevelopment of previously developed land (General Policy 3 of the Strategic Plan).

General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:…

(c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the

impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14)…

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.

• 2.12 Previously Developed Land is defined in the Strategic Plan as follows:

Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.’ The definition includes defence buildings, but excludes: Land that is or has been occupied by agricultural or forestry buildings. Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures. Land in built-up areas such as parks, recreation grounds and allotments, which, although it may feature paths, pavilions and other buildings, has not been previously developed. Land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings).

There is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed.

• 3.0 Planning History of the site
• 3.1 Ballatiki has been the subject of applications for a roof light (98/01027/B) and an oil tank (90/01416/B).
• 3.2 Ballakinnag House has been the subject of applications for alterations and extensions (98/00006/B, 98/02016/B, 99/01063/B, 06/01282/B, 06/02068/B, 08/00873/B, 08/01612/R) two diesel tanks (98/00498/B), garage (20/00468/B, 21/00193/MCH) and the garage/shed to the rear (20/00648/B). A more recent application for a garden room and extension was withdrawn before a decision was taken (21/00712/B). An application for the erection of a dwelling with a granny flat was refused (01/01012/A) but a detailed application for this was approved shortly afterward (02/00079/A and 02/02581/B).

• 4.0 The proposal
• 4.1 Proposed is the principle of the construction of a new dwelling on this site. Currently there is no building on site and the majority of the former dwelling has been removed in anticipation of the erection of a new structure in its place. As stated previously, this was undertaken by the applicant without the full understanding of the planning position of the site.
• 4.2 Development could not, therefore be considered to strictly accord with Housing Policies 11 or 14 or Environment Policy 16. However, the dwelling was demolished without full understanding of the planning implications and only weeks prior to the submission of this application and the dwelling is clearly shown in the most recent applications for the site and for Ballakinnag House.
• 4.3 The former dwelling was not particularly attractive and would struggle to be, or become thermally or energy efficient in today’s terms. We are confident that it would not have been considered to be of such importance or interest in terms of Housing Policy 12 for its replacement to be considered undesirable: in fact, we consider that there is signifiant opportunity to create a dwelling here that is not only more visually attractive but also which is thermally and energy-wise more efficient, addressing the Government’s attempts to tackle Climate Change but this could only be achieved through the rebuilding of the former dwelling, not its alteration. Whilst only in principle, no details of the proposed replacement dwelling are provided other than the means of access but it may be useful to be aware of the type of dwelling which the applicants are considering which are shown at the end of this statement. In constructing their new garage/shed they are aware and appreciative of the benefits of sound insulation and would hope to achieve more than the required levels of insulation and thermal and environmental efficiency as are required by the current Building Regulations.

• 4.4 In addition, the relocation of the dwelling from its former position would assist the living conditions of both it and Ballakinnag House through moving it further from the access road to the new garage/shed.
• 4.5 The new house would be more attractive than what remains on the site for those who may see it (the applicants and their neighbours and anyone walking past the site and looking up the driveway).
• 4.6 Finally, the policies on previously developed land clearly refer not only to sites which contain a structure, but ones that previously contained a structure, which is the case here. What is proposed would be attractive and would sit comfortably in amongst other residential properties and the site was very recently occupied by a dwelling.
• 4.7 All matters are reserved other than the means of access which will remain as was available to the former dwelling, Ballatiki.
• 4.8 The applicant has discussed this proposal with his neighbours who indicated that they did not object to it.

• 5.0 Conclusion
• 5.1 Whilst there is currently no dwelling on the site, the former dwelling was demolished very recently in innocence of the planning implications. What existed was of poor form and poorly positioned in respect of the existing and approved development alongside it.
• 5.2 The erection of a new dwelling which is designed to acknowledge its position adjacent to both neighbouring dwellings and the amenities thereof, which is attractive and thermally and energy efficient would enhance the appearance of the site and the area which is identified as of landscape importance, and it would accord with the intentions of Housing Policies 12 and 14 of the Strategic Plan as well as tackling Climate Change.

6.0 Examples of the style of dwelling which could be developed here but having regard to the particular constraints and characteristics of the application site