Planning Committee Statement

Application No.: 10/01883/B Applicant: Richmond Square Estates Limited Proposal: Erection of a replacement dwelling, Ashdowne House, Ballavale Road, Santon ### Introduction The application was considered by the Planning Committee at its meeting held 10th March 2011. The case officer had recommended that the application be approved subject to conditions. The Planning Committee determined to refuse the application for the following reasons: #### R1. The proposal would fail to comply with Housing Policy 14 in that the existing dwelling is not judged to be of 'poor form' and as such the significant increase in size and floor area proposed would be unjustified. #### R2. The scale of the proposed building would result in an increased visual impact compared with the existing situation which would be detrimental to the character and amenities of the surrounding area contrary to Environment Policy 1 and Environment Policy 2. This report sets out the assessment of the Planning Authority. ### The Site The application site is the curtilage of Ashdowne House, Ballavale Road, Santon. The property is a detached dormer bungalow set to the north west of the road, set back by approximately 23 metres from the edge of the highway. The site has an area of approximately 1.21 acres. The Isle of Man Steam Railway tracks run along the full length of the northern boundary. The site is bounded by mature trees on all sides. Vehicular access is via an opening situated at the northern end of the site frontage. ### The Proposal This application seeks approval for the replacement of the existing dwelling and garage with a new dwelling and garage. The proposed dwelling would be two storeys and would have a traditional design. The front elevation would have five vertically proportioned windows at first floor level above a central doorway flanked by two vertically proportioned windows. To each side of the main building would be a single storey outlet. The design incorporates substantial chimney stacks and verges along with a portico around the front door. The dwelling would have a natural slate roof, rendered walls, timber sliding sash windows and timber doors. An initial scheme was the subject of pre-application discussions. This was of a larger scale and the case officer advised that it would be more appropriate to reduce the size of the proposed replacement dwelling and focus on creating a traditional style property which reflects the rural Manx vernacular style of building. Several revised schemes have been discussed and this proposal is the end result of these discussions. ### Planning Status The application site is located within an area identified as being of High Landscape or Coastal Value and Scenic Significance by the 1982 Development Order. Within the Isle of Man Strategic Plan 2007, the following are judged to be relevant: Environment Policy 1 - "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." Environment Policy 2 - "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: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential." 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." PLANNING HISTORY There are no previous planning applications relating to this property. REPRESENTATIONS Santon Parish Commissioners have not commented on this application. The Highways Division does not oppose this application. Richard Green Associates (on behalf of the owner/occupier of Mallards, Ballavale Road, Santon) object to this application stating that the proposed dwelling would be too large in relation to their property and the existing dwelling which would be unneighbourly. Reference is made to General Policy 3 which relates to previously developed land. ASSESSMENT The application must be assessed against the criteria set out by HP14. The policy deals with a number of different scenarios that may be presented by applications for the replacement of rural dwellings. As a general rule, replacement dwellings should have a similar visual impact to those that the replace in order to protect the amenities of the countryside. In most cases this will involve the new building being sited on the same footprint as that of the dwelling to be replaced. The new dwelling should be of a traditional design, in accordance with Planning Circular 3/91 and the floor area of the new building should not be greater than 50% of the existing. There are exceptional circumstances which may justify a departure from the general stance set out above. One such exception applies to existing dwellings that are of 'poor form' where the replacement dwelling would be 'of more traditional character'. HP14 sets out that where this is the case, 'consideration may be given to proposals which result in a larger dwelling'. The Planning Committee has taken the view that whilst the existing building is not traditional in form, it is not judged to be of poor form. Furthermore, the proposed dwelling would be considerably larger than the existing not only in terms of floor area but also height and width. This would result in an unacceptable visual impact which is not considered to be justified. Setting aside the strong objection to the principle of the proposal, the design of the dwelling is considered to be attractive. RECOMMENDATION It is recommended that the appeal be dismissed and refusal of the application by the Planning Committee be confirmed. PARTY STATUS It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: - Santon Parish Commissioners - The owner/occupier of Mallards, Ballavale Road, Santon Accordingly the following parties are not granted Interested Party Status: The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. CONDITIONS Should the Inspector recommend that this application be approved, the following conditions are suggested: C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This approval relates to the erection of a replacement dwelling, Ashdowne House, Ballavale Road, Santon as shown by Design Statement, 1001x001, 1001x102, 1001x101, 1001xP101, 1001xP301 and 1001xP302 all received 22nd December 2010 and 1001P001 REV A received 11th January 2011. C 3.** 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 within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.