Loading document...
Application No.: 21/01341/B Applicant: Cheeseden Investments Limited Proposal: Alterations and extension to existing tholtan to form dwelling Site Address: Kates Cottage Ballnahowe Road Ballnahowe Port Erin Isle Of Man Senior Planning Officer: Mr Jason Singleton Site Visit: 29.03.2022 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 28.04.2022
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 and to avoid the accumulation of unimplemented planning approvals.
Reason: This is required as a pre-commencement condition as the information is required prior to development commencing in order to ensure that features which will be destroyed, removed or altered in the case of the works for which consent has been given are properly recorded in advance of destruction, removal or alteration as the building is of architectural or historic interest in accordance with Policies HP11 and 13 of The Isle of Man Strategic Plan 2016.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Reason: to ensure that the shed has an acceptable impact on the character and appearance of the area.
Reason; To ensure there is no spread of Himalayan Balsam and that adequate protection of the rivers ecosystem is maintained.
REASON: To ensure the property and its occupants are adequately protected from the risk of flooding.
N 1. The applicant/land owner is to be reminded of their obligations under the Wildlife Act 1990 to not cause spread or growth of invasive plants nor to cause harm to protected species, and their obligations for watercourse management and should review/contact Manx Utilities in relation to watercourse management guidance.
This application has been recommended for approval for the following reason. The proposal would be in accordance with General Policy 3, General Policy2, Housing Policy 4, 11 and 13, Environmental Policy 1, and Spatial Policy 4b of the 2016 Strategic Plan.
Plans/Drawings/Information; This decision relates to drawings and supporting information received on 11 November 2021, referenced;
3 - Location Plan
Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
DoI Flood Risk Management Manx National Heritage
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
95 Malew Street ; Isle of Man Natural History and Antiquarian Society.
impacted on by the proposed development in accordance with paragraph 2A of the Policy _____________________________________________________________________________
THE PLANNING APPLICAITON IS BEFORE THE PLANNING COMMITTEE COULD BE CONTARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE SITE - 1.1 The application site is a small ruinous building to the west of the Ballnahowe Road, Port Erin and within the north east corner of Field 414828 (4.46 Acres). To the immediate north is an agricultural access track that serves those agricultural fields to the further west. To the front East is a small grass verge. - 1.2 The structure is of Manx stone construction and is further detailed within the Structural Engineers report where they describe the structure as; "Kate's cottage is a detached Manx
stone dwelling, constructed pre1900, which is in a dilapidated condition, with no roof, part collapsed gable walls and localised areas of loose stonework. The cottage measures approximately 9m by 5.5m on plan and comprises four external walls, which are approximately 600mm thick of random rubble construction… with a mix of dry and mortar jointing".
2.0 THE PROPOSAL - 2.1 The application has been submitted to address a previous refused decision for similar proposals as noted in section 4.0 (planning history). - 2.2 Proposed is the creation of a residential dwelling through a series of alterations to the existing structure (noted in para 2.5) and the erection of a single story rear extension. Also proposed is the creation of residential curtilage and parking arrangement with access from the adjacent highway and visibility splays. Foul drainage would be provided from a 'Klargester Bio Disc' tank a with tail drains. - 2.3 The rear extension would measure an external footprint of 7.12m long x 5.3 with a 30deg pitch tiled roof with solar slates to the rear pitch. Internally this would have a ceiling height of 2.4m and constructed in traditional 300mm insulated cavity wall with 200mm pointed stone externally. The extension would also have an insulated concrete floor slab with underfloor heating. To the rear of this extension within the rear garden would be a shed of
The proposed extension floor area is: 37.75 sq m (single story) Extension equates to 46.5% of the original building floor area. Total floor area of proposed dwelling is: 86.80sq m
2.5 The scope of works to the existing Tholtan as annotated on the submitted drawings (HLK/20/187 No.1 and No.2) would see externally;
2.6 To form the residential curtilage the proposal notes the formation of a sod hedge 1.5m high with random planting with holly, hawthorn, fuchsia, honey suckle. This sod hedge is to be formed from the earth excavated for the rear extension. - 2.7 The driveway and hard standing would be accessed from the laneway and would measure 8.5m x 6m and would use 'grasscrete' or similar. - 2.8 The overall residential curtilage would measure approx. 500 sq m or 18m from north to south and 24m from east to west. - 2.9 The application is accompanied with a Structural report dated 14/10/21 that provides a very brief description of the built form and materials used, its general appearance through observations, with comments on the integrity of the walls, floor levels and concludes the structure is capable of alteration and extension and lists the scope of works required to facilitate this;
2.10 The engineers provide a list of proposed works based on the agents drawings ref HLK/20/167 and note the proposed works comprise;
2.11 A planning statement dated 08/11/21 has been submitted that seeks to support the application and talks about the site, the history, the planning policies and their interpretation of them.
3.0 PLANNING POLICY The land is designated is not zoned for development and sits within a rural part of the open countryside on Map 7 (Port Erin) of the Area Plan for the South.
3.1 The land is also linked to Map 2 Landscape Assessment Areas; that identifies site is within an area classified as 'Cregneash and Meayll Peninsula (H4). - 3.2 Within the written statement, page 18, para 3.4 Notes the Landscape Strategies and Key views for the South. 'Cregneash and Meayll Peninsula (H4)'; "The overall strategy is to conserve the strong sense of openness of this rugged area, its expansive and dramatic views and to conserve the setting of the numerous archaeological features and Cregneash village and the surrounding traditional field pattern as well as the wartime structures on Meayll Hill. Key Views: Dramatic views of rising uplands to the north and across Port St. Mary Bay to the northeast. Dramatic views: across the Sound to the Calf of
Strategic Policy 1(a) Efficient use of land and resources 2 Priority for new development to identified towns and villages 4(b) Protection of built heritage and landscape conservation
Spatial Policy
Environment Policy 1 Protection of the countryside
Housing Policy 13 Conversion of abandoned rural dwellings to form a new dwelling
Transport Policy
3.5 Paragraph 8.10 - Conversion of Rural Buildings to Dwellings - 3.6 Paragraph 8.11.1 - Replacement Dwellings in the Countryside - 3.7 Planning Circular 3/91 - Guide to the residential development in the countryside. - 3.8 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing
property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
4.1 19/00448/B - Alterations and extension to existing tholtan to form dwelling. REFUSED:
5.0 REPRESENTATIONS (in brief - full reps can be read online)
5.1 Arbory & Rushen Commissioners (20/12/21 & 24/02/22) have no objection.
5.2 DoI - Highways Services (08/12/21 & 16.02.22) have no objection. The proposal does not give rise to significant road safety or network functionality issues. Accordingly, Highways Development Control raises no opposition to this proposal subject to conditions for the public road access, driveway and track entrance as well as pedestrian, bicycle and vehicle arrangements to accord with Drawing no. 2. The Applicant is advised that a s109(A) Highway Agreement applies for works in the highway after gaining planning consent. - 5.3 DoI - Drainage (21/12/21 & 19/02/22) initially sought additional information on highways run off water. On amended plans, now have no objection. - 5.4 DEFA - Inland Fisheries Policy (19/01/22) has no objection but seeks that there is no contamination of the nearby watercourse from construction. - 5.5 DEFA - Fisheries (06/12/21) Seeks completion of an application for works that are within 9m of a water course. - 5.6 DEFA - Biodiversity (14/12/21) advises on the presence of 'Himalayan Balsam' an invasive plant and methods of disposal. As there could be a presence of lizards, they recommend; "a condition on approval for no development (including site clearance) to take place until a Precautionary Working Method Statement (PWMS) alongside appropriate mitigation proposals for viviparous lizards has been written by a suitably qualified ecological consultant and this has been submitted to Planning for written approval". - 5.7 Flood risk Management (11/01/22) Do not oppose subject to a condition. "A FRA must be received and evaluated before planning is granted. An "Application for consent for works affecting watercourses" form must be received before planning is granted". - 5.8 Manx National Heritage (27/01/22) comment with concerns on the proposed house; regarding the dormers, has issues with the comments in the planning statement on the front elevation, loss of the existing eaves level and could be replicated to restore the first floor accommodation, loss of the masonry of the front elevation removing the evidence of the first floor windows and accommodation itself, removes the historic built fabric and results in an oddly proportioned building. The present structure reflects a structure and form of its original
6.0 ASSESSMENT The fundamental issues to consider in the assessment of this planning application are;
6.1 The starting point here is the land designation, it is clear from the Area Plan for the South, the application site is within a rural and protected part of the countryside where any development is strictly controlled and the site is not allocated for development.
6.2 In considering this application, Strategic Policy 2 and Spatial Policy 3 identify areas of development to be located, generally within existing towns and villages. The site sits outside of the 'main settlement boundary' for Port Erin and it cannot be said the site sits within a defined areas and is very much part of the open countryside as previously identified and would be contrary to those policies. - 6.3 The site does sit on a service road where there are some residential dwellings along its length and easily accessible from the highway. Given the broad location of the site and its location, it does sit within a remote part of the countryside where there are no provisions for accessible public transport. The nearest service villages would be Port Erin, approx. 1km to the north east of the site. As such occupants here would be very dependent on private vehicle usage and this aspect could be contrary to Strategic Policy 10 (a)-(d). - 6.4 When considering Strategic Policy 2 and Spatial Policy 5 these direct development to designated towns or villages, and development in the countryside is only permitted in exceptional circumstances, which is detailed in Spatial Policy 5 and cross referenced to General Policy 3. - 6.5 In this case, General Policy 3 allows for exception for the conversion of redundant rural buildings and the sequential test through HP11 and the replacement of an existing rural dwelling assessed against the pertinent policy of HP12,13 and 14. In this instance, it would be prevalent to focus on HP11 and HP13.
6.6 In terms of planning policy there is a long established presumption against new residential development in the countryside. General Policy 3(b), and Housing Policy 11 all provide for the conversion of buildings within the countryside subject to various caveats, including that the building is redundant and of architectural, historic or social value. - 6.7 When considering HP11 and the conversion of the remaining fabric of the building, which precludes the rebuilding of ruins or the erection of a replacement dwelling of similar or even identical form. In this case, there is an existing structure on site that has been assessed by a competent structural engineer whom are of the professional opinion; " We consider the existing wall structure of the cottage can be used for the proposed alteration and extension" subject to the works listed in para 2.9-2.10 of this report as extrapolated from the structural report. - 6.8 Manx National Heritage have provided some photographs and comments on the historic element of the property and its traditional appearance. Historically the structure would have once been a habitable dwelling. The presence of all four walls can be evidenced not necessarily up to eaves level and the gabbles are incomplete with the upper pitched sections having deteriorated and collapsed, this ensures there is no first floor and no roof present on the building, a far cry from what it once was. - 6.9 When cross referencing the proposal with HP11 and the sequential test the following is summarised,
6.9 On the whole it is considered this aspect could satisfy the main test under HP11 for development in the countryside to re-establish the original appearance of the building but in a slightly more modern appearance that uses the same materials as the existing building.
6.10 In terms of HP13(a), the material test, somewhat echoes HP11 where this policy seeks there are still three walls up to eaves level and the remainder of the building appearing structurally capable of being retained (reinforced with the comments from the Structural engineers report). The presence of the building whilst not strictly in accordance with the policy wording with walls up to eaves level, pragmatically it could be seen to partially meet this aspect of Hp13 for substantially intact and given the support from the Structural engineers report would be capable of being retained. - 6.11 The next aspect (b) is to consider is there is an existing, usable track from the highway. As indicated, the proposal is immediately adjacent to the public highway. The proposal includes the creation of a new vehicle access to the north of the dwelling that is currently a farm access to the fields. The proposal would utilise this entrance to serve the dwellinghouse and also the existing field with farm gates set back 25m from the edge of the highway (tarmac) to ensure they are off the carriageway when opening the field gate. It is not uncommon on the island for rural dwellings to share an access off the highway with agricultural users. - 6.12 The last section (c) of the policy requires there to be a supply of fresh potable water and of electricity can be made available from existing services within the highway. A drawings from the MUA has been submitted that show the location of the public water mains in the area and given the applicants land ownership, theoretically could be connected onto their own supply feed within their ownership. - 6.13 The last aspect of the policy to consider, is arguable the aspect which is the most contentious. The policy indicates that extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building i.e. in terms of floor space measured externally, the extension measures less than 50% of that of the original. The proposed extension would measure a 46.5% increase in floor area. The proposed extensions would also be fairly modest extensions equating to 37.7sqm at single storey. This would result in the dwelling having a total floor area of 86.8sqm of single storey floor area. In terms of accommodation, the extension provides the usual habitable layout and provisions to make the scheme viable/useable. - 6.14 On balance, an exception through HP11 and 13 could be found and the proposal could theoretically demonstrate how this can be achieved to form a satisfactory dwelling in the country side through sympathetic restoration of the existing fabric of the building and subordinate extension.
6.15 The existing structure has been abandoned for many years; its physical remains being a reflection of agricultural and social change across the Island, often such features in the rural landscape are not unacceptable in their present and ruinous state. In the case of this application there is information that suggests the building is of historic interest to warrant its retention and sensitive development in order to convert it back to a habitable dwelling in its original state and in seeking to continue to positively contribute to the Islands built heritage. MNH comments are noted regarding the windows on the front elevation being reinstated at the upper floor level and incorporated into the roofscape. However as no upper floor is proposed here it would not be seen as appropriate to recreate a pastiche in this instance given the overall design attributes in the formation of a new dwelling. - 6.16 In this case, the proposal is seeking to utilise and existing structure and bring it into a habitable use preserving the character and appearance by repointing the existing Manx stone and the erection of chimneys to each gable with a slate roof and timber framed sliding sash windows with slate cills and timber doors would in turn this would be considered to have no detrimental impact on this part of the countryside given the existence of the building and would be more aligned with the principles of Planning Circular 3/91 - Guide to the design of
6.22 Highway Services have considered the merits of the existing entrance, the specific dimensions involved and access to and from the site from the highway noting visibility splays. As the transport professionals their comments are heavily relied upon and it is noted they do not object to this application. Having considered the highways safety aspect and the use of the existing entrance in a safe and appropriate manner with parking and manoeuvring within the site, it would not be considered to have any adverse impact on the existing highway or upon those users entering and exiting the site. As such the proposal would be considered to align with the principles of TP4 &7.
6.23 The proposed introduction of new Manx hedging and native plants will seek to enhance any existence of ecology on site and the applicant has no issue with a condition which requires surveys for bats and lizards prior to any works commencing. This will ensure the rural landscape quality is enhanced and the nature conservation value to help local wildlife and
6.24 In relation to the issue of the front ditch/watercourse, the comments of the applicants are noted and those of Flood Risk Management Team who have considered the application in detail. Modification to the drawings were made to install heavy duty 'Aco drains' across the driveway to prevent any surface water run off onto the highway. A ditch to the rear of the property adjacent to the boundary hedge has been requested and shown on the plan to divert any flood waters around the property. The existing stream to the front (east) is noted as culverted on the drawings and the FRM request a form to be submitted before any works are commenced, this can also be secured via a condition prior to any works on site to ensure there is no contamination of the water course during construction. These aspect all help to ensure compliance with GP2l, Ep7.
6.25 With regard to the proposal and EP19 and the potential loss of agricultural land, the IoM soils maps (Figure 4) gives a broad indication of the areas and soil classification. The application site is defined within an area as being (brown in colour on the map) and referred to as A1 and of a class of single class 3 quality that is synonymous across the Island in its description of 'upland stony silty land'. - 6.26 This description of the soil quality of the natural land goes some way to understand the limitations of agricultural usage. Nevertheless, the proposed building and its curtilage would only occupy a small footprint (500 sq m as noted in para 2.8) in the corner of Field 414828. The remaining field will continue to be used for grazing or for planted crops without being disadvantaged by the siting of the building with its curtilage and would not prejudice EP19 for the loss of agricultural land.
6.27 The erection of a new dwelling here has been designed to maximise the effects of passive solar gain on the southern window orientation, and would also feature the inclusion of air source heat pumps with underfloor hating. This approach also embraces modern and innovative energy efficiency measures to address the issue of reducing carbon footprint and including environmentally friendly technologies that also include EV charging points. These are all seen as positive design attributes to reducing energy consumption for domestic dwellings and weigh heavily on the decision making process for development in the countryside. As such these aspects can be conditioned accordingly to ensure they are implemented prior to the occupation of the house, furthermore the erection of the house would have to conform to current building regulations standards which ensures the thermal efficiency of the building is maximised.
6.28 Conditions should be applied to require the retention of the curtilage of the property to be defined by a Manx sod hedge, and also to restrict the provisions of the Permitted Development Order in respect of garages, garden sheds, fences, walls and extensions all of which, if implemented in accordance with the Order, could have an adverse impact on the character and appearance of the dwelling as approved. It is also appropriate to require approval of the proposed level of finishes proposed and stonework and its pointing as there are many types of stone finish appearances which would not be appropriate in this case as it needs to be matching to what exists. Further conditions can be applied to ensure the level of detail that is proposed
7.1 The application has been assessed against those aforementioned planning policies and would be recommend for approval subject to a number of planning conditions. - 8.0 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: 09.05.2022
Signed : J SINGLETON 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.
Copyright in submitted documents remains with their authors. Request removal
