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THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the curtilage of a detached dwelling that is located on the northern side of Baldhoon Road in Lonan. The proposed development comprises the erection of a replacement dwelling with amended vehicular access. PLANNING HISTORY
Whilst the application site has been the subject of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.
REPRESENTATIONS
Lonan Parish Commissioners recommend that the planning application be approved.
The Department of Transport Highways Division deferred comment on the grounds that the submitted drawings do not demonstrate off street parking arrangements.
The owner and/or occupant of Seacliffe, which is located in Braddan, expresses an interest in the planning application.
In terms of local plan policy, the application site is within wider areas of land that are designated as a open space/agricultural use; and b) high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005.
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains four policies that are considered specifically material to the assessment of this current planning application.
General Policy 3 state:
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
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 for the erection of a replacement dwelling with amended vehicular access on the application site.
Under the provisions of General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2007 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. In this instance the existing dwelling has full habitable status and therefore also accords with Housing Policy 12, which means that the primary policy to assess the proposed development against is Housing Policy 14.
As can be seen, Housing Policy 14 raises a number of issues that need to be taken into account. Whilst the siting of the proposed dwelling is essentially the same as the existing dwelling the size increase from the existing to the proposed dwelling is significantly greater than the referred to within the policy (approximately , calculations on file). However, this is not automatic reason for refusal of the planning application as Housing Policy 14
goes onto to state that consideration may be given to larger dwellings 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. In this respect it is considered that the existing dwelling is not of poor form and the proposed dwelling is not of more traditional character. As such, it follows that the proposed development could only potentially be justified on the basis that there would be less visual impact.
In terms of visual impact the application site, and existing dwelling, occupies a relatively prominent position on the side of the valley. As a result of this positioning the existing dwelling has a clear visual impact within the area. This matter was discussed with the applicant and their agent, with a written response submitted and placed on file. Whilst the orientation of, and materials used within, the proposed dwelling may help to reduce potential visual impact it is concluded that a larger dwelling in this location cannot be said to have less visual impact than this existing situation. As such, the proposal does not represent an exception to the provisions of Housing Policy 14. This reason for refusal of the planning application.
As regards, the amended vehicular access and deferral from the Department of Transport Highways Division it is evident from an examination of the submitted planning application and site visit that the amended access is not detrimental to highway safety and that there is sufficient space within the application site to accommodate on-site car parking provision.
It is recommended that the planning application be refused.
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:
Lonan 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 Seacliffe.
Recommendation
Recommended Decision: Refused Date of Recommendation: 15.06.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. As the planning application proposes a replacement dwelling with a greater than 50% increase in floorspace the proposal will only accord with Housing Policy 14 of the Isle of Man Strategic Plan 2007 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. In this instance the proposed dwelling does not replace a non-traditional dwelling and it is concluded that a larger dwelling in this location cannot be said to have less visual impact than this existing situation. As such, the proposal is detrimental to the visual amenity of the countryside and contrary to the provisions of Housing Policy 14 of the Isle of Man Strategic Plan 2007.
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Refused Date : ....?s\lo/a.......... Signed : ........ Senior Planning Officer
15 June 2009 09/00317/B Page 3 of 3
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