DEC Officer Report
Application No.: 22/01374/B Applicant: Mr & Mrs Andrew & Joanne Walker Proposal: Extensions and alterations to existing dwelling Site Address: Ballaleigh Ballaleigh Road Kirk Michael Isle Of Man IM6 1HJ Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 20.02.2023
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
- C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
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.
- C 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
- C 3. No development shall be commenced until a soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of all trees, hedgerows and other planting which are to be retained; details of all other boundary treatment and finished ground levels ; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; the location of grassed areas and a programme of implementation.
All soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out in full accordance with the programme approved in writing by the Department and retained thereafter. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become
seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.
Reason: To ensure the provision of an appropriate landscape setting to the development.
- C 4. Prior to commencement a Tree Protection Plan and Construction Exclusion Zone Plan must be submitted to and approved in writing by the Department and retained for the duration of the construction works.
Reason: To ensure that trees marked for retention are adequately protected, in the interests of maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
- C 5. The trees shown as being retained on the approved drawings shall be retained and in the event that the retained tree becomes damaged or otherwise defective due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Reason: To ensure that tree marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
- C 6. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
This application has been recommended for approval for the following reason. The proposal is considered to comply with Housing Policy 16 of the Isle of Man Strategic Plan 2016 and therefore acceptable.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 18th November 2022;
- o Drawing No. 20 1360 01
- o Drawing No. 20 1360 02
- o Drawing No. 20 1360 03
- o Drawing No. 20 1360 04
- o Drawing No. 20 1360 05 _______________________________________________________________
Interested Person Status – Additional Persons
None _____________________________________________________________________________
Officer’s Report THE APPLICATION SITE
1.1 The application site is within the residential curtilage of "Ballaleigh," Ballaleigh, Road, Kirk Michael which is a one and a half storey property with dormers across both sides of the roofscape, situated to the Northern side of Ballaleigh Road.
1.2 The existing property measures approximately 20m long by 9m wide and 7m to the ridge. There is an additional 2.6m wide single storey flat roof conservatory along the side gable and wrapping the rear elevation. - 1.3 The property has a mix of stone and pebbledash finishes to the external elevations and the roof is finished with concrete tiles. THE PROPOSAL
2.1 The current application seeks approval for alterations and extensions to the main dwelling including but not limited to;
- - erection of a single storey linked four car garage extension with plant room
- - installation of wrap around patio, which is to have a glazed balustrade and the lower level is to be brickwork
- - removal of existing sunroom and erection of single storey sun room, with pitched roof and glazing.
- - two storey pitched extension to front elevation
- - pitched dormer to front elevation
- - statement dormer to the rear elevation, which is almost the whole width and height of the roofscape
- - rooflights to front and south elevation
- - removal of existing chimney stack to North elevation
2.2 The materials are proposed as follows, walls to be rendered or in natural grey/brown stone where indicated, roof to be slates and a metseam metal standing seam roof in grey/black mat finish to rear elevation, rainwater goods are to be black uPVC and the windows/doors to be black uPVC or grey aluminium framed units. PLANNING HISTORY
3.1 There have been several applications on the site, of which the two previous applications are relevant in the assessment of this application, PA22/00222/B - Erection of a replacement dwelling - Permitted PA20/01554/B - Alterations and erection of an extension and garage. PLANNING POLICY - 4.1 The site lies within an area zoned as "Area of Private Woodland or Parkland" and within an "Area of High Landscape or Coastal Value and Scenic Significance" on the 1982 Development Plan, North Map. The site is not within a Conservation Area nor a Flood Risk Zone.
4.2 The key policies for this application are Housing Policy 16 due to the non-traditional parts of the property which seeks that the proposed works wouldn't increase the overall impact of the property as viewed by the public and Environment Policy 3 which seeks that development will not result in the unacceptable loss of or damage to woodland areas. - 4.3 This policies are then followed by Strategic Policy 5 which seeks that new development should make a positive contribution to the environment of the Island, General Policy 2 sets out general development control standards in connection with the Residential Design Guidance, Environment Policy 1 seeks to prevent development which would adversely affect the side other than in exceptional circumstances, Environment Policy 2 which seeks that development in areas of High Landscape and Costal Value and Scenic Significance does not harm the character and quality of the landscape, General Policy 3 states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than a number of stated exceptions, which do not include the extension of existing dwellings.
4.4 Furthermore consideration shall also be given to Community Policies 7 and 11 in respect of reducing outbreak of fire and preventing criminal activity and Infrastructure Policy 5 in respect of water conservation.
4.4 Other material considerations for this application is the Residential Design Guidance (2021) which, although focused on dwellings within settlements, does offer advice in relation to the impact on neighbours and also Planning Policy Statement 3/91 which provides guidance on the design of residential development in the countryside. REPRESENTATIONS - 5.1 The following representations can be seen online in full, below is a short summery;
5.2 Highway Services have considered the application and state they have no highways interest. (30.11.22)
5.3 No comments have been received from Michael Commissioners at the time of writing this report. - 5.4 DEFA Forestry has considered the application and state, "The arboricultural impact of the proposal appears to mirror that of the previous approved application 22/00222/B - erection of a replacement dwelling, and so, as with the previous application, we would recommend the provided planting plan is made a condition of the approval." (29.11.22) ASSESSMENT
6.1 The main issues to consider in the assessment of this planning application are:
- - principle of development (GP3, EP1, HP16)
- - character and appearance (GP2, HP16)
- - Neighbouring amenity (GP2)
- - Impact upon trees (EP3)
- - Other matters (CP7, 11, IP5)
- 6.2 PRINCIPLE
- 6.2.1 The site is not designated for development, nor does it meet the expectation criteria in General Policy 3. However, Housing Policy 16 and its supporting text clearly allows for residential extensions in the countryside, where they would not detract from the countryside which, in this case of the extension of non-traditional dwellings where the proposed works would increase the impact of the building as viewed by the public.
- 6.2.2 The property due to its location not only can the property be very minimally seen from the main road, though fleeting views can be seen, the site is also surrounded by mature woodland. As such from a principle point of view the application is deemed acceptable.
- 6.3 CHARACTER AND APPEARANCE
- 6.3.1 The proposal within this application, has been altered again from the two previous applications of which the majority of the main structure is staying in place with a few extensions to provide additional living and garaging space.
- 6.3.2 The main change within this application from an impact to the character and appearance of the overall countryside is the addition of a standing seam dormer and the addition of stonework to the front and side elevations. Both of these additions will assist in the property having a minimal impact when it is viewed from the fleeting vantage points.
- 6.3.3 When looking at the character and appearance of the dwelling itself, it is very non descriptive and it can clearly be seen that the proposed alterations and extensions here are to modernise the existing structure. Whilst it could be stated that the proposed extensions are ultimately adding a large amount of floor area onto the property which means the extensions are not subordinate, the proposed extensions as per the plans are in harmony with the dwelling and as such are deemed acceptable as they do not add an overbearing impact to the main dwelling.
- 6.4 NEIGHBOURING AMENITY
- 6.4.1 It is not considered that there are any concerns in relation to the impact on neighbouring properties in terms of loss of outlook or overlooking that would justify a refusal.
6.5 IMPACT UPON TREES
- 6.5.1 Turning towards the impact upon the existing trees. Several of the trees within the site, as per the previous applications have now been removed, of which the Arboricultural Officer at the time accepted, whilst this is the case, it is necessary to note that within the previous applications remedial details were given regarding the trees which is lacking within this application and raised by DEFA's Assistant Tree Officer. As such a condition should be attached which gets a re-planting scheme prior to commencement.
6.6 OTHER MATTERS
- 6.6.1 The proposed works are an extensions are to an already existing dwelling, as such the proposal is not expected to create any changes or new issues in respect of criminal actively or spread of fire. The proposal whilst increasing the surface area of the dwelling, any water runoff will be dealt with as per the existing arrangement of the main dwelling. The proposed extension is not expected to increase water usage of the dwelling above and beyond what is expected and therefore there are no new issues in this respect. CONCLUSION
- 7.1 For the above reasons the proposal is considered to comply with Housing Policy 16 of the Isle of Man Strategic Plan 2016 and therefore acceptable. INTERESTED PERSON STATUS
- 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
- (a) the applicant (including an agent acting on their behalf);
- (b) any Government Department that has made written representations that the Department considers material;
- (c) the Highways Division of the Department of Infrastructure;
- (d) Manx National Heritage where it has made written representations that the Department considers material;
- (e) Manx Utilities where it has made written representations that the Department considers material;
- (f) the local authority in whose district the land the subject of the application is situated; and
- (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:
- o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- o whether there are other persons to those listed in Article 4(2) who should be given Interested Person Status.
I can confirm that this decision has been made by a Principal Planner 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: 22.02.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner
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