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Application No.: 08/00055/A Applicant: Mr R C & Mrs R M Philips Proposal: Approval in principle for the erection of a replacement dwelling and buildings, driveway, access gateways and landscaping Site Address: - Sycamore House - Glen Duff - Ramsey - Isle Of Man - IM7 2AT ### Considerations Case Officer: Mr A Holmes Photo Taken: Mr A Holmes Site Visit: Planning Committee ### Written Representations - Seacliffe Old Castletown Road Ballaveare Braddan - Interest expressed - Kerrowdhoo Glen Duff Lezayre Isle Of Man - Objects to the proposal ### Consultations Consultee: Highways Division Notes: Do not oppose Consultee: Lezayre Parish Commissioners Notes:** Refuse
The application site comprises the curtilage of a detached property, which comprises residential accommodation and Lezayre Tearooms, which is located on the northern side of the A3 between Ramsey and Sulby in Lezayre. The site is almost directly opposite the Department of Transport's Glen Duff work depot.
The planning application seeks approval in principle for the erection of a replacement dwelling with associated outbuildings, driveway, access gateways and landscaping.
The application site has been the subject of a number of previous planning applications, two of which are considered specifically material to the assessment of this current planning application.
Planning application 02/01048/A sought approval in principle for the erection of a dwelling and removal of living accommodation from café. This previous planning application was initially considered and approved on the 15th November 2002, with the initial approval decision notice issued on the 19th November 2002. The Planning Committee resolved to reverse their initial decision and refused the planning application at review on the 20th June 2003, with the review refusal decision notice issued on the 11th July 2003. A subsequent appeal was accepted by the Minister, who agreed with the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 4th November 2003. Copies of the initial decision notice, review decision notice and appeal decision have been placed on the file for this current planning application.
Planning application 04/02113/B sought approval for the erection of a new dwelling and replacement shed. This previous planning application was considered and approved on the 10th December 2004, with the approval decision notice issued on the 15th December 2004. A copy of the decision notice has been placed on the file for this current planning application.
Lezayre Parish Commissioners object to the planning application on the grounds that they consider the proposal breaks the conditions attached to a previous planning approval, that the proposal represents overdevelopment and that there are issues of highway safety onto the TT course.
The Department of Transport Highways Division do not oppose the planning application. The owner and/or occupant of Kerrowdhoo, which is located approximately 200 metres east of the application site, objects to the planning application. The grounds for their objection can be summarised as concern regarding the overall level of proposed development and possible effect on electricity supply.
The owner and/or occupant of Seacliffe, which is located in Braddan, express an interest in the planning application. They highlight the implications of Housing Policy 14.
In terms of land use designation the application site is not designated for any site specific purpose under the 1982 Development Plan Order with part of the site comprising white land and part private woodland or parkland. The application is located within a wider area of land that classified as being of high landscape value and scenic significance.
In terms of strategic plan policy, the Isle of Man Strategic Plan contains a number of policies that are considered specifically material to the assessment of this current planning application:
General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Environment Policy 2 states: "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:
Environment Policy 3 states: "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."
Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
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 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."
The planning application seeks approval in principle for the erection of a replacement dwelling with associated outbuildings, driveway, access gateways and landscaping. Whilst the planning application seeks approval in principle the planning application submission contains a number of drawings that
detail a substantial dwelling, although these can only be viewed as illustrative given the type of planning application. The planning application is also accompanied by a statement of case that seeks to justify the proposal.
Given that it seeks approval in principle the assessment of the planning application primarily requires an examination of the relevant planning policies contained within the Isle of Man Strategic Plan 2007. In terms of this it can be seen that the erection of a replacement dwelling is fundamentally acceptable under General Policy 3 and Housing Policy 12. Whilst the drawings submitted with the planning application indicate clear aspirations for the replacement dwelling to be a substantial sized dwelling it remains the case that the planning application seeks approval in principle not full planning approval. As such the specifics of size and design are not matters to be specifically examined as part the assessment of this planning application. Rather, they are matters that should be assessed as part of any subsequent reserved matters or full planning application in accordance with the provisions of Housing Policy 14. It is therefore considered appropriate that any approval should be subject to a condition requiring the proposed development to be in accordance with the provisions of Housing Policy 14 .
In respect of other planning policy matters it is considered necessary to assess the proposal against Environment Policy 2 as the application site is located within a wider area of land that is classified as being of high landscape and scenic significance. In this respect it is concluded that the character and quality of the landscape need not be unduly harmed by the erection of a replacement dwelling as the application site already contains residential and other built development. The specific impact of any development would an issue to examine as part of any subsequent reserved matters or full planning application. As regards the issue of the designation of part of the site as private woodland or parkland it can be seen that whilst the relevant part of the site does contain some trees it would be somewhat ambitious to describe the site as such. In any event there are no particular reasons why a replacement dwelling could not be erected that suitably takes account of the trees contained within the site. As such the provisions of Environment Policy 3 are not considered reason for refusal of the planning application.
As regards the two objections to the planning application it is concluded that the perceived failure of an approval in principle planning application to accord with the conditions of a previously approved planning application is not sustainable as a reason for refusal, that the issue of level of development is not under specific consideration as part of this planning application for the reasons stated earlier, and that the issue of potential effect on electricity supply is not a material planning consideration.
The proposal can be undertaken in a manner that accords with the relevant planning policy contained within the Isle of Man Strategic Plan 2007. It is therefore recommended that the planning application be approved subject to conditions.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Lezayre Parish Commissioners; and The Department of Transport Highways Division. It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The owner and/or occupant of Kerrowdhoo, Glen Duff, Lezayre; and The owner and/or occupant of Seacliffe, Old Castletown Road, .
N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals
This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
This approval in principle relates to the application site defined by the red line on drawing no. 00055/1 rev. A date stamped the 14th January 2008.
No approval is granted nor should be conferred by this approval in principle for the development shown on drawing no.s 00055/1 rev. A, 00055/2 and 00055/3 rev. A date stamped the 14th January 2008. The scale, form and massing of any replacement dwelling shall accord with the provisions of Housing Policy 14 of the Isle of Man Strategic Plan 2007.
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