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Applicant: Mr Julian Michael Wood Proposal Approval in principle for the erection of a dwelling to replace former dwelling addressing means of access Site Address Ballatiki Shore Road Ballaugh Isle Of Man IM7 5AZ Case Officer : Mr Chris Balmer Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 21.01.2022
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
Reason: In the interest of the visual amenities of the area and as any new/replacement dwelling on land not designated for development is required to comply with Housing Policy 14.
This application has been recommended for approval for the following reason. It is considered whilst the demolition of the original dwelling last year was unfortunate from a planning policy standpoint (as the applicant did not understand the planning implications of doing this), it is considered given the relative short period between the demolition and the application being made (few months) and as the dwelling was not of architectural interest it is considered the proposal could be considered to comply with GP3 and HP4 and therefore the principle of a single dwelling on this site is acceptable. The proposed access arrangement are again acceptable and comply with GP2 and TP 7.
Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 27.10.2021. _______________________________________________________________ Interested Person Status – Additional Persons None ________________________________________________________________ Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTARY TO THE DEVLEOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE APPLICATION SITE - 1.1 The application site was until recently the residential curtilage of Ballatiki which was a single storey detached dwelling located on the north-eastern side of Shore Road and northwest of The Cronk. Shore Road consists of a variety of dwellings to its eastern side. The Shore Road is a dead end leading to Ballaugh Beach. - 1.2 The neighbouring property Ballakinnag House to the east of the application site, which is a two storey detached dwelling, is within the same ownership
2.0 THE PROPOSAL - 2.1 The current planning application seeks approval in principle for the erection of a dwelling to replace former dwelling addressing means of access. It should be noted the access is not for the former dwelling as its access is still in place. The access is as previously approved
under PA20/00648/B for the detached garage to the rear of Ballakinnag House. The driveway servicing this runs between the two dwellings (former Ballatiki & Ballakinnag House). No other matters are for consideration at this stage.
3.0 PLANNING HISTORY - 3.1 A number of planning applications are associated with this site and neighbouring site (Ballakinnag House); however, only the following applications are considered relevant in the determination of the application; - 3.2 The previous planning application PA20/00648/B and the subsequent Minor Changes application PA21/00193/MCH are the most relevant and were for the "erection of detached garage/ workshop with associated driveway and new vehicular access" and "Minor Changes application to PA20/00648/B involving relocation of approved garage (retrospective)." - 3.3 It should be noted that between June and September 2021 the dwelling on the application site (Ballatiki) was demolished and the site was cleared. On this matter the applicants state: "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."
4.0 PLANNING POLICY - 4.1 The site lies within an area of High Landscape Value and Scenic Significance not designated for development on the Isle of Man Development Order 1982, North Map. The property is not within a Conservation Area nor a Flood Risk Zone. - 4.2 There are a number of other relevant policies within the Isle of Man Strategic Plan 2016, as summarised below.
4.3 The Department has published the Residential Design Guide (2021) which, although focused on dwellings within settlements, does offer advice in relation to impact on neighbours.
5.0 REPRESENTATIONS - 5.1 Highway Services have considered the application and conclude (02.11.2021); "The proposal raises no significant highway safety or network functionality issues. Accordingly, no opposition is raised to this proposal subject to conditions for access, visibility splays, the access lane to Drawing no 04 A, and to provide details prior to commencement of the internal vehicle and pedestrian layout, bicycle and car parking, plus waste bin storage. The Applicant to note that a s109(A) Highway Agreement applies for the access works."
6.0 ASSESSMENT - 6.1 The main issues are the principle of a new dwelling on the site; the potential visual impact of the development upon the landscape/countryside; potential impacts upon neighbouring amenities and Access/highway safety. Principle of a new dwelling on the site - 6.2 As outlined by GP3 and HP4 new dwellings on land which is not designated for development is not acceptable, unless the building is replacing an existing dwelling, conversion of an existing rural building or if essential need for an agricultural dwelling is justified. - 6.3 Strictly speaking the dwelling that was on this site has been demolished and it could be considered the proposal is contrary to the Development Plan. However, perhaps a more reasonable view is that a dwelling (Ballatiki) until recently (last year) existed on this site and therefore, while it is no longer in place, the site for a number of decades has accommodated a dwelling and still has evidence with its existing access and residential curtilage in place. Perhaps if the dwelling had been demolished a number of decades ago, then this view may carry less weight. However, in this case it is consider the principle of a dwelling on this site is acceptable. Potential visual impact of the development upon the landscape and countryside - 6.4 As the application is only AIP and no reserved matters (except means of access) are for consideration now. No indicative plans are submitted either. Therefore it is not possible to judge the impact of the development to the site, landscape or countryside setting. It is noted that the previous dwelling on the site was a single storey detached bungalow. The property included flat roofed extensions to side, rear and front elevations. The demolition of the dwelling from an architectural point of view is not a loss. If the principle of the application is approved; any reserved matters application will be considered against Housing Policy 14. The Planning Committee may also wish to attach a condition to limit the dwelling to a single storey/dormer or a one and half storey property rather than a full two storey dwelling. The applicants have submitted photographs of possible replacement dwelling which shows single storey/dormer and one & half storey dwelling. The applicants have confirmed they would have no objection to a condition restricting the height of the new dwelling to one & half storey dwelling.
6.5 Overall, it is considered the site is large enough and that an appropriately sized dwelling in line with HP14 could be accommodated on the site which would fit well within the landscaping/countryside setting. Potential impacts upon neighbouring amenities - 6.6 As outlined previously, as there are no details plans provided of the new dwelling, it is not possible to consider the impact upon neighbouring amenities at this stage. Any future reserved matters application would consider this. Access/highway safety - 6.7 The proposed new access this is as previously approved under PA20/00648/B for the detached garage to the rear of Ballakinnag House. This is proposed again with the adequate visibility splays (2m x 25m in both directions). This again has been considered by highway services, who have raised no objection to the access from a highway safety standpoint. It is noted the access for Ballatiki and Ballakinnag House would remain as existing and no changes are proposed. - 6.8 Although not shown on any indicative plans the site also large enough to accommodate two off road parking spaces and turning faculties.
7.1 Overall, whilst the demolition of the original dwelling last year was unfortunate from a planning policy standpoint (as the applicant didn't understand the planning implications of doing this), it is considered given the relative short period between the demolition and the application being made (few months) and as the dwelling was not of architectural interest it is considered the proposal could be considered to comply with GP3 and HP4 and therefore the principle of a single dwelling on this site is acceptable. The proposed access arrangement are again acceptable and comply with GP2 and TP 7. - 7.2 It is recommended that the application be approved.
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:
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: 02.02.2022
Signed : C BALMER 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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Application No. : 21/01234/A Applicant : Mr Julian Michael Wood Proposal : Approval in principle for the erection of a dwelling to replace former dwelling addressing means of access Site Address : Ballatiki Shore Road Ballaugh Isle Of Man IM7 5AZ
Principal Planner : Mr Chris Balmer Presenting Officer As above
Addendum to the Officer’s Report
The Planning Committee approved the application (02.02.2022) subject to the amendments to Condition 4 (as suggested by the Planning Officer) and remove Condition 6 (again at the Planning Officers recommendation - did not relate to proposed dwelling);
C 4. The new dwelling shall be:
Reason: In the interest of the visual amenities of the area and as any new/replacement dwelling on land not designated for development is required to comply with Housing Policy 14.
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