DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 20/00764/B Applicant: Mr David Dentith & Miss Sarah Corlett Proposal: Erection of a detached dwelling with detached garage and agricultural shed Site Address: Ballachrink Croft Ballacorey Road Bride Isle Of Man Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 24.08.2020 _________________________________________________________________

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. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only. Reason: In the interests of highway safety.
• C 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• C 4. 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 5. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.
• C 6. The agricultural shed must be used only for agricultural purposes/storage.

Reason: The countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved.

• C 7. The agricultural shed hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for agricultural purposes.

Reason: The building has been exceptionally approved solely to meet agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.

This application has been recommended for approval for the following reason.

Given the siting, size, proportion, scale, finishes and overall designs of the proposed works, it is considered they would comply with Environment Policy 1, Strategic Policy 1, General Policy 3, Housing Policy 12, Housing Policy 14 of the IOMSP and Planning Circular 3/91.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers 01, 02, 03, 04 and 05 all received 14th July 2020. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUESTED OF THE HEAD OF DEVELOPMENT CONTROL AND AS THE APPLICANT IS AN EMPLOYEE OF THE DEPARTMENT

1.0 THE APPLICATION SITE - 1.1 The application site is the former dwelling Ballachrink Croft, Ballacorey Road, Bride, which has in recent time been demolished and the foundations of an approved replacement dwelling has been commenced. The former dwelling was a two storey detached property which is located on the southern side of the Ballacorey Road and south of Bride Village. To the

east of the application site is the residential property of Phoenix and beyond Curlew Cottage. To the south and west of the application site are agricultural fields.

2.0 THE PROPOSAL - 2.1 The application seeks approval of the erection of a detached dwelling with detached garage and agricultural shed. - 2.2 The proposed replacement dwelling is Manx vernacular in design being two storey with the Manx farm house design of five upper windows over a central door way (porch) which is flanked either side by two windows. The proposal is finished in painted render, gable ended chimneys, natural slate roof and with sliding sash windows. The main dwelling would have a width of 13.6m, a depth of 6.8m and a ridge height of 8.5m. - 2.3 Included in the scheme are a single story side extension (eastern gable end wall) and a rear single storey timber (south) framed sun room. - 2.4 The proposed garage is a detached timber framed building which is located to the northeast of the main dwelling and located between the font of the dwelling and the Ballacorey Road. Its position and size is similar to the detached garage of the neighbouring property Phoenix. The garage would have a width of 11.4m, a depth of 6.7m and a ridge height of

• 4.9m. The proposal would be finished in a ship lap timber cladding and black corrugated roof sheeting.

2.5 A agricultural shed is also proposed which is located to the west of the main dwelling house. The shed would have a width of 9.4m, a depth of 4.2m and a ridge height of 4m. It would be finished in a green coloured metal cladding or timber boarding , whilst its roof would be finished in green metal sheeting. - 2.6 The access (as existing) would be directly onto the Ballacorey Road with visibility splays of 2.4m x 100m to the west and 2.4m x 70m to the east. - 2.7 For information, the previously approved dwelling (06/01375/B) on the site had a footprint of 12m x 8m. The height of dwelling would be 9.4m to the ridge. Further, approved to be attached to the main part of the dwelling was a two storey rear projecting outrigger (4m x 6m & a maximum height to the ridge of 8.2 metre) and a single storey lean-to structure (6 x

• 7.5m & a maximum height to the ridge of 5.4m). Following this approval a further application (09/00150/B) was submitted to a,ded it. The basic footprint of the proposed dwelling is essentially the same as that approved under previous planning application 06/01375/B. The changes from the previously approved dwelling comprise a) an increase in overall height of approximately 500mm; b) a change to the roof detail on the single storey side outlet; and c) changes to the fenestration detailing.

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application: - 3.2 Erection of a dwelling to replace existing cottage (comprising amendments to PA 06/01375/B) - 09/00150/B - 3.3 Erection of a replacement garage - 08/02233/B - APPROVED - 3.4 Erection of a dwelling to replace existing cottage - 06/00114/B - REFUSED - 3.5 Erection of a dwelling to replace existing cottage - 06/01375/B - APPROVED

4.0 PLANNING POLICY - 4.1 The application site is within an area recognised as being an area which is not designated for development under the IOM Development Plan Order 1982. The site is not within a Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of the planning application. - 4.3 Strategic Policy 1 states: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

4.4 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 4.5 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:

• (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
• (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
• (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
• (e) location-dependent development in connection with the working of minerals or the provision of necessary services;
• (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
• (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

4.6 Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:

• (a) the existing building has lost its residential use by abandonment; or
• (b) the existing dwelling is of architectural or historic interest and is capable of renovation. In assessing whether a property has lost its habitable status(1) by abandonment, regard will be had to the following criteria:

• (i) the structural condition of the building;

4.7 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

• (ii) the period of non-residential use(2) or non-use in excess of ten years;
• (iii) evidence of intervening use; and
• (iv) evidence of intention, or otherwise, to abandon."

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 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."

4.8 Planning Circular 3/91

- 5.0 REPRESENTATIONS

5.1 The Department of Infrastructure Highways Services have no objections commenting: "Access noted as approved under 09/00150/B." (04.08.2020). - 5.2 The Arboricultural Officer (DEFA) makes the following comments (14.08.2020): "The trees proposed for removal are poor quality trees and would likely be classified as Category U trees if a tree survey in accordance with BS5837 :2012 was conducted. For this reason the department would have no objections for their removal."

- 6.0 ASSESSMENT

6.1 Under the provisions of General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2016 the erection of a replacement dwelling on a one for one basis is an accepted exception to the general presumption against development within the countryside. The original dwelling has already been demolished following planning approval for its replacement under planning application 06/01375/B. Please note as mention in paragraph 2.7 of this report, PA 06/01375/B and 09/00150/B are similar, albeit given the PA and 09/00150/B was approved more recently, this is the application which will be referred to in the rest of this report. The foundations of this dwelling are in place (have been for a number of years). The original dwelling was in a poor condition and had been extended unsympathetically in the past, including a flat roofed single storey extension along the majority of its front elevation. Accordingly, it was not considered worthy of retention i.e. complying with HP12. - 6.2 Housing Policy 14 raises a number of issues that need to be taken into account. In terms of siting, the proposed dwelling would be partially on the existing footprint, albeit would be set further into the site and would be located between 24m and 26.5m from the Ballacorey Road. The approved dwelling was between 14m and 15.5m away front the Ballacorey Road. The new dwelling would also be re-orientated 90 degrees from both the original and approved dwelling, so that the rear elevation directly faces a southerly direction. This new proposal includes solar panels to the southern (rear) roof plane. The new dwelling would be more central in the site compared to the original dwelling/approved dwelling. It should also be noted that the residential curtilage of the site does not need to be increased/altered to accommodate the new proposals. Further, planning approval granted a new detached garage under PA 08/02233/B to the east of the approved (09/00150/B) main dwelling, but on a similar footprint to the new dwelling now proposed. - 6.3 In terms of setting the dwelling back into the site and the new orientation, the main issues to consider is whether such alterations adversely affect the countryside and whether it would result in an overall environmental improvement. Visiting the site and viewing the site from the Ballacorey Road to the east and west, it is clear that the proposal being set further

• into the site results in a less visual impact over both the original dwelling (sited immediately adjacent to the Ballacorey Road) and the approved dwelling, namely given the mature landscaping (inc Manx sod banks, gorse and mature trees) along the Ballacorey Road and along the boundaries of the site and the orientation of the road (slight bend). An issue can arise when setting a property further into a site, as it could be considered to be encroaching built development into the open countryside. However, as noted earlier in this report the original approvals include a detached garage on a similar footprint to the new dwelling siting and originally there was a larger detached barn/workshop/garage also on the site on a similar footprint. The proposed boundaries of the site are also well defined and these are not altering with the proposed scheme. Accordingly, the issue of encroachment does not raise any concern on this site.
• 6.4 Further, the neighbouring properties Phoenix and Curlew Cottage have a similar set back position in their respective sites. Accordingly, the proposal would also fit well with this small grouping of properties. Due to these reasons it is consider the proposal would comply with this aspect of HP14 given the proposal does not adversely affect the countryside, whilst also result in an overall environmental improvement, given its visual reduction in the countryside setting.
• 6.5 The next issue is to consider the size of the new dwelling. The originally dwelling is believed to have been approximately 198.8sqm. This includes a single storey extension/outbuilding (24sqm) which was attached and appeared part of the main dwelling. Whilst it is open to debate whether it was an outbuilding or not, given it was attached and appeared as a part of the main dwellinghouse, it is considered appropriate to include it in the calculation. The approved dwelling (09/00150/B) had a floor area of approximately 288sqm. The proposed new dwelling would be 236sqm i.e. smaller than what has previously been approved. The proposal would equate to an 18% increase of the original dwelling. The applicants have considered the proposal would equate to a 61% increase as they have calculated that the floor area of the original dwelling was 146sq m. However, measuring the approved plans digitally of the existing dwelling under PA 09/00150/B, the figure of the original dwelling of 198.8sqm would appear to be correct. The applicants may not have included the rear single storey extension/outbuilding, this being the case the original dwelling under the current digital measured plans could be argued to have a floor area of approximately 174.8sqm and therefore the floor area could equate to a 35% increase. Further the original footprint of the plans where at a 1:500 scale, so it is difficult to precisely conclude what the original floor area was. However, the Department is comfortable that the proposal is below the 50% threshold, plus the fact the new dwelling is a smaller dwelling than what was approved on site previously (09/00150/B). Accordingly the proposal accords with HP14 in this respect.
• 6.6 The final aspect of HP14 relates to the design where the policy indicates that generally, the design of the new building should be in accordance with Policies 2-7 of the present Planning Circular 3/91. This proposal would comply with this policy in terms of its size, proportion, scale, finishes, roof pitch and overall design. Accordingly, the proposal complies with this final aspect of HP 14.
• 6.7 In terms of the visual appearance of the garage, it is located forward of the main dwelling house and would be closer to the road than the dwelling. However, given its design, size and timber finish this would site well within the site, blending with the mature landscaped boundaries surrounding the site. The front boundary of the site will be initially replaced with new planting, so initially the garage (and rest of site) will be more apparent. However, in time its appearance will reduce. Furthermore, the neighbouring property Phoenix has a garage in a similar forward location and therefore it is difficult to argue the proposal is out of character of the area. Further, it needs to be acknowledged that the original main dwelling house was immediately adjacent to the Ballacorey Road.

6.8 The proposed agricultural shed again raise no concerns and its location, size, design and finishes would likely be unnoticeable within the countryside/landscape and given roadside and field boundaries within the area also. The applicants are very keen to grow their own vegetables/food and the agricultural field connected to the site enable this. However, to undertake this they have explained that they need a shed to accommodate a tractor, rotavator, plough, ridgers, seed drill, fertiliser spreader, potato spinner and storage for produce. The applicants are happy should it no longer be needed for agricultural purposes then it should be removed from site. - 6.9 In relation to the access arrangements the proposal would alter the existing access, albeit with improved visibility and in appropriate way. Highway Services have raised no objection. The site would easily provide at least two off road parking spaces and turning facilities within the site. - 6.10 The proposal would also be more beneficial to the neighbouring amenities over the original and approved scheme, given these properties would have their front windows looking directly towards Phoenix; albeit not to a significant extent, however the new proposals orientation, design, position and given the level of mature landscaping between the two sites ensure the impacts upon the neighbouring amenities of the occupants of Phoenix are limited.

- 7.0 CONCLUSION

7.1 In conclusion; given the siting, size, proportion, scale, finishes and overall designs of the proposed works, it is considered they would comply with Environment Policy 1, Strategic Policy 1, General Policy 3, Housing Policy 12, Housing Policy 14 of the IOMSP and Planning Circular 3/91. It is recommended that the application be approved. - 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:

• (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 above who should be given Interested Person Status

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 it under the appropriate delegated authority.

Decision Made : …Permitted……….... Committee Meeting Date:…07.09.2020

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

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