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Application No.: 19/01024/B Applicant: Mr Anthony & Mrs Marian Charnley Proposal: Erection of a replacement dwelling with associated access and parking Site Address: Skeddan Veg Fort Island Road Derbyhaven Isle Of Man IM9 1TZ Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.01.2020 _________________________________________________________________
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
N 1. The applicant/owner is reminded that the area is within proximity to an ASSI and Bird Sanctuary where protected species and their habitats could be found, and as per the Wildlife Act 1990 it would be a criminal offence to disturb any protected species or their habitat, the applicant owner may wish to liaise at the appropriate times with DEFA Ecology/Biodiversity seeking advice on works to be undertaken at the site.
Plans/Drawings/Information;
This approval relates to following all date stamped and received 11/09/2019 : drawing numbers P10-01, P10-02, P10-03, P10-04, P10-05, P10-06, P10-07, P12-01, P10-02, Design Statement, and visualisation drawings numbered P15-01, P15-02, P15-03, P15-04, P15-05 and P15-06.
Additional Persons
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):
Officer’s Report THE SITE
1.1 The application site is the residential curtilage Skeddan Veg, an existing one and a half storey dwelling situated on the western side of Fort Island Road in Derbyhaven. - 1.2 The existing dwelling is set back from the main road and behind the front line of its immediate neighbours. The existing dwelling also sits at a level around 1.4m lower than the main road although there remain extensive open views over the front boundary wall and Fort Island Road beyond to the coastal bay. The dwelling has a narrow vehicle access from the road. - 1.3 The dwellings is sits on an angle to the road with its principal elevation south east towards St Michael's Isle, this elevation comprising a single and two storey peaked gable and a flat roof garage. The dwelling has two extensions on the south west elevation facing towards the rear garden of Balladoyle House where the closest distance between the two properties is approx. 15m. The opposite side elevation faces north-east towards the side and rear of Ashley House where the closest distance between the two properties is approx. 17.5m. The rear gable elevation faces north-west over Castletown Golf Links. - 1.4 Skeddan Veg's Living accommodation is predominantly at ground floor around 152 sq m. A spiral staircase provides access to store rooms and a sitting room within the roof space around. 55 sq m. Both floors have a combined total of 207sq m.
2.1 The current application proposes the demolition of the existing dwelling and its replacement with a new two storey dwelling. The proposed dwelling is to sit on a similar foot print as the existing albeit slightly closer to and more parallel to the main road. The dwelling is to sit part way between the front building line of Balladoyle and the rear building line of Ashley House, the dwelling is to sit around 1m lower than the road.
2.2 The proposed dwelling is to be formed with a double pitch arrangement with a small flat roof link between. The gables of each will form the key front and rear elevations of the dwelling and these are to face towards the main road (front elevation) and towards the golf course (rear elevation). The general footprint is around 17.5m x 15m and its position within the site is slightly orientated south-east resulting in the proposed dwelling being between 12m14m from the nearest side elevation of Balladoyle and around 11m from the nearest rear elevation of Ashley House and 3.5m to their rear boundary wall. - 2.3 The principal 17.5m elevation facing the road will comprise two gables (7.5m wide and 8m wide) and a setback two storey flat roof link (2.5m wide). The two storey dwelling is to have an eaves level of 6.2m throughout and both pitches are proposed to be 8.6m to the central ridge. - 2.4 The proposed dwelling is to be finished in a mix of materials; one side dark timber cladding and Manx Stone and the other painted render and dark timber. The setback link also clad in dark timber and the roof slated throughout. The front elevation is to comprise a ground floor integral garage and a large picture window in one gable and a two storey corner window on the other gable and three windows, the link will contain the main front door and a window above. - 2.5 The nearest side elevation facing Balladoyle comprises three doors on the side elevation, pedestrian access into the garage and utility and double doors serving a garden store integrated into the dwelling. The nearest side elevation facing Ashley House includes one high level window and a window serving a bathroom. - 2.6 At the rear the dwelling comprises a stepped arrangement with one gable projecting slightly further into the rear garden. Throughout the rear there are large areas of glazing across the ground and first floor and one gable includes a recessed balcony area. The materials proposed at the rear are a continuation of those at the front.
3.1 The application site has been subject to one recently planning application that was determined at appeal, the proposal sought to demolish the existing house and its replacement with a new two storey dwelling finished with a mono-pitched roof, installed with a predominantly glazed frontage including side elevation windows facing both neighbours and the use of timber, aluminium and zinc cladding materials. The application was refused at officer level and refused at appeal. - 3.2 The reasons for refusal at appeal were concluded as:
4.1 The site lies within an area designated on the Area Plan for the South 2013 Map 3 as 'Residential' and the site is not in a Conservation Area. The Area Plan for the South 2013 (APS) provides further information about the Derbyhaven area at Appendix 4:
ii) Assessment: The group is clearly not sustainable, there is little or no scope for infilling, and extension of the group into Airport or Golf Course land would be undesirable. Derbyhaven is not far enough from Castletown for there to be a valid argument for local housing need. Additional dwellings are not therefore proposed.
4.2 The Inspector for the previous application refers to Derbyhaven being referred to as a 'group of houses in the countryside' and therefore Housing Policy 14 is relevant. It's clear from Map 3 that the site is designated for residential use, however in light of R3 for PA 17/01312/B consideration as part of this application shall be given to Landscape Proposal 26 of the APS 2013 and the general standards of development in General Policy 2 as well as Housing Policy 14 of the Isle of Man Strategic Plan 2016. - 4.3 Landscape Proposal 26:
"The character of the compact group at Derbyhaven arises largely from the setting between the foreshore and the green space of the airport and the golf course. Since the buildings are of mixed age, form, and style, there is no need to adopt prescriptive guidelines for extensions, but it is important to maintain the general coastal character as viewed on the approach from Castletown and from the pleasant green areas adjoining the bay."
4.4 General Policy 2 states (in part):
"Development which is in accordance with the land use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
4.5 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."
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Department of Infrastructure Highway Services - Do not oppose (03/10/2019).
5.2 Malew Parish Commissioners - no objection (02/10/19). - 5.3 DEFA Biodiversity - Comments (08/10/2019) - the site is within close proximity to the Langness, Sandwick and Derbyhaven ASSI and a bird sanctuary, and there is a protected bird species nesting 50m from the proposed development. Such birds are protected from disturbance and due to the importance of the area the potential for demolition being a noisy disturbing activity should take place outside of nesting season which is late Feb - Late Aug/Sep. There have also been several species of bat in the area and a survey of the existing dwelling should be undertaken prior to demolition. If bats are found suitable mitigation shall be provided. The applicant shall also be reminded of the criminal offences relating to any harm caused to a protected species including bats and birds under the Wildlife Act 1990. - 5.4 The owners of Ashley House - no objection (06/10/2019) and trust the wall of northern façade will not be as dark as shown on the drawings. - 5.5 A representative of Castletown Golf Links - in support (26/09/2019) also thank the applicant for reducing the visual and glazing impact associated with the previous application. - 5.6 The owners of Balladoyle - Objection (18/10/2019) - its acknowledged that there have been significant improvements made to the design compared with the previous refusal and in addressing R1 and R2 of the appeal decision, however R3 has not been addressed. Derbyhaven is outside of the Island's towns and villages and in not in a sustainable location for housing development and it's reasonable to assume it's in the countryside. The proposal would have a
gross external floor area of 362sq m excluding the garage compared with 203.76sq m of the existing dwelling. This is an increase of 77.7% and above the 50% allowed by HP14. Two inspectors concluded Derbyhaven was in the countryside PA 17/01312/B and 08/01931/REM and this sets a precedent that HP14 is relevant and as its over 50% should be refused. The application also doesn't specify if the stone at the site will be re-used. Any approval will set a dangerous percent contrary to the Island's planning policy framework. Should the application be approved the following conditions shall be added;
6.1 There are a number of key matters to consider in the assessment of the application;
6.2 The owner of Balladoyle refers to the Inspector's reports of PA 17/01312/B and PA 08/01931/REM referring to Derbyhaven as 'countryside'. In PA 17/01312/B the Inspector considered the site (the same site as now) to be with the 'groups of houses in the countryside' as per the APS 2013. PA 08/01931/REM was for a different site located further away along the main Derbyhaven Road and Castletown side of the established dwellings. The 2008 application pre-dated the APS2013 and therefore was assessed against the 1982 Development Plan. At that time the site was designated as 'residential' however the Inspector considered that the abnormality of the site and its inclusion within the residential designation was erroneous and that very little weight be given to it. - 6.3 The adopted Area Plan for the South 2013 removed the 2008 site from the residential designation. Skeddan Veg has remained within the residential designation throughout both the 1982 plan and the 2013 plan.
ii) Land Use Designation and Planning Policy
6.4 The written statement for The Area Plan for the South 2013 includes, at Appendix 4, a number of 'Groups of Houses in the Countryside' including St Marks, Cregneash, The Howe, Ballakilpheric, Earystane and Derbyhaven, the only one of which that is clearly designated as 'residential' is Derbyhaven, this is shown on Map 3 Proposals. In areas designated for residential use there is a general presumption in favour of residential development where the chief policy in determination would be GP2. Secondary to this would be LP26 of the APS2013 which clearly states for Derbyhaven (albeit for extensions) that there are 'no prescriptive guidelines for extensions, but it is important to maintain the general coastal character'.
6.5 Housing Policy 14 specifically relates to dwellings outside of designated residential areas. HP14 states where a replacement is permitted it should be on a similar footprint, not greater than 50% of its predecessor, designed in accordance with 3/91 or be of exceptional, high quality, innovative modern design which would not result in adverse impact, and should incorporate re-use of stone and slate. Consideration can be given to large dwellings where they replace poor form dwelling with something more traditional, or whereby its design results in less visual impact. - 6.6 HP14 is not applicable here and thus there is no need for development to accord with its principal values including footprint floor areas. However, perhaps in finding a suitable approach to LP26 and GP2 (b), (c) and (g) consideration could be given to these values in finding a sensitive balance between both traditional and contemporary architecture and in creating an appropriate design approach for the unique coastal character of Derbyhaven.
iii) Principle of development
6.7 The land is designated for residential use where the presumption is in favour of residential development. The assessment of Derbyhaven in Appendix 4 clearly states that there is little or no scope for infill development and that additional dwelling shall not be proposed. The current application is for a one for one replacement contained within the existing residential curtilage, it will not result in any infill or increased dwelling numbers in Derbyhaven and will not result in any extensions to the established residential boundary. The principle is acceptable.
iv) Visual Impact
6.8 Landscape Proposal 26 indicates the buildings in Derbyhaven are of a mixed age, form, and style and from a contextual analysis of the area and streetscene (and as demonstrated through photographs on drawing numbers P10-07 and P12-02) this is evident. The range of design styles varies between vernacular Manx cottages and barns, traditional Manx cottages (terraced and detached), detached Victorian dwellings, Spanish style villas, a 1970's mansard roof apartment block and most recently a two storey courtyard dwelling complex. The coastal character is unique. - 6.9 It would be reasonable to say that there are both positive and negative qualities found in the area, while some traditional properties retain their original form, proportion and materials, others have undergone some alterations or extensions that have altered the original quality and the all of those dwellings south of Skeddan Veg, with exception to Balladoyle, are non-traditional. - 6.10 Skeddan Veg in its current form appears a slight anomaly here being set back furthest from the road, and angled differently from its neighbours. The dwelling is also single storey with additional living space in the roof whereby its neighbours are two storey. Skeddan Veg also incorporates non-traditional forms and materials such as an attached flat roof garage at the front and cement roof tiles. - 6.11 The current proposal follows from the refusal of the 2017 application and has been subject to considerable design stages that have developed through a recognition of those positive qualities of Derbyhaven that contribute to its coastal character. The proposed dwelling presents a re-aligned angle of the building line more appropriate to the surrounding streetscene, the site level increase and two storey design also results a reasonable and acceptable step change between the roof height of Ashley House and roof height of Balladoyle.
6.12 The design of the proposed dwelling comprises both traditional and modern elements; the overall size and massing seeks to mimic the traditional proportions, form and pitched roof arrangement of a vernacular dwelling, while the alternate gable frontage and the introduction of some larger areas of glazing present a contemporary approach. The front elevation glazing retains an acceptable balance in the solid to void ratio as to not appear a mass of glazing or to draw negative attention to the dwelling, while the contrast in dark stone and timber materials against the white render will also help to tie the contemporary design back to the those traditional materials found in the area. In this respect the proposal is considered to find a sensitive balance between traditional and new design sufficient to meets the tests of GP2 and HP14 and in finding an acceptable visual impact fitting of the coastal character of Derbyhaven. - 6.13 Public views to the rear are limited to users of the golf course, from immediate neighbouring gardens or from a distance along the main Derbyhaven access road. Given this limited view there is a greater acceptability in the increased contemporary design adopted and incorporated at the rear. It is not considered that from this aspect that the proposal will result in any harm to the overall context or character of the area. - 6.14 The replacement dwelling for Skeddan Veg emanates traditional coastal qualities but in its own right remains unique. The siting of the proposal and the design solution presents a modern day take of a traditional dwelling that is sensitive and sympathetic to its coastal location.
v) Amenity Impact
6.15 The proposed two storey dwelling is taller and larger than the existing but as previously mentioned is not so far removed from those adjacent two storey dwellings in the area. While its development would not go unnoticed, the proposed dwelling by reason of its siting and building line within the plot, its distance from the neighbours nearest elevations and the limited or no glazing facing either of the neighbours dwellings, it is considered that the proposal will have an acceptable impact on neighbouring amenity. - 6.16 The owners of Balladoyle have requested a number of conditions as part of any approval, most of which relate to the control of the construction works which would be outside of the remit of planning and covered under separate legislation such as the Noise Act 2006 and Wildlife Act 1990.
vi) Habitats
6.17 The site is close too, but is not within the ASSI, Bird Sanctuary or the Area of Ecological Importance - Draft, the site is within a zone of established and designated residential use. In terms of impact on nesting birds and local habitats as a whole the site and surrounding area is already subject to a high level of activity through coming and going of residents, recreational users (dog walkers, bird watches etc), users of the golf course and any other persons doing water sports or recreational activities etc. The proposal here for a continued residential use of the site is not expected to result in any new impacts on the area above or beyond the existing dwelling, and any matters relating to the construction works cannot be controlled through the planning process, but can through legislation such as the Noise Act 2006 and the Wildlife Act
6.18 Similarly, any works which may result in an impact on bats would be covered under the Wildlife Act 1990 as it would be a criminal offence to disturb any bat or its habitat. In the case of this application, the existing dwelling is within an area designated for residential use, where the existing building could be demolished tomorrow without the need for prior planning approval and given the land use designation there would be a general presumption in favour of
any new residential development and there is a real possibility that this could be done, unlike a site in countryside whereby once a building has gone it has gone for good and cannot be taken into consideration in any subsequent proposal. In this respect and in this case it is considered that the protection of habitats is covered under separate legislation and that a note to this effect could be added reminding the applicant that it is a criminal offence to disturbed or harm a protected species and to engagement with DEFA Biodiversity throughout the course of the works.
7.1 The principle of a replacement dwelling here is acceptable, and by reason of its siting, layout, form, mass and material finish the proposed replacement dwelling presents an acceptable balance between traditional and contemporary design and one which is reflective and sympathetic to the sensitive coastal character of Derbyhaven and one which does not result in any adverse harm to the amenity of the neighbours or surrounding environment. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
8.2 The Planning Committee 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 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.
Decision Made : Permitted Date: 21.01.2020 Determining officer
Signed : S CORLETT Sarah Corlett Principal Planner
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