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The site represents the residential curtilage of Sandygate House on the Clenagh Road in Sandygate. This rather large plot consists of a two storey detached dwelling and a two storey detached farm building (to the south west), together with a large garden and driveway. The application site is situated south west of the junction of A13 and A14 in Sandygate and is bordered by "Gollane Cottage" (to the south) and "The Cottage" (to the north).
The proposed planning application is seeking approval for the demolition of the existing dwelling and replacing it with a two storey pitched roof detached property. The property would be finished in smooth render, with Manx stone to the porch and garden room, white uPVC windows and door, together with a natural slate finish.
The application site is within an area of "Private Woodland or Parkland" under the Isle of Man Development Plan, 1982. In terms of strategic plan policy, the following policies within the Isle of Man Strategic Plan 2007 are considered specifically material to the assessment of this current planning application - 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".
"Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value".
"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 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".
Also to be taken into consideration is Planning Circular 3/91 "Guide to the Design of Residential Development in the Countryside".
The following planning applications are considered relevant in the assessment and determination of this application:
The proposed approval in principle was refused on the grounds that the application was limited in terms of information provided. It was contrary to established policies of the Department as the application site is neither zoned for residential development nor is there appropriate agricultural need for the proposed dwelling. The residential development proposed by this planning application is contrary to the Isle of Man Planning Scheme (Development Plan) Order 1982 and, in particular, the provisions of Planning Circular 1/88.
PA 07/00494/B - Alterations and extension to dwelling to provide additional living accommodation Refused at Appeal
The proposed extension was refused on the grounds that its proximity, siting, height and length would have adversely impacted upon the adjoining dwelling Sandygate Cottage, in terms of overbearing and overlooking.
PA 08/00711/B - Alterations and extensions - Permitted
Jurby Parish Commissioners has no objection with the proposed application The Department of Transport Highways Division do not oppose as it has no traffic management, parking or road safety implications.
The owners and / or occupiers of "Wyford Cottage" Sandygate have expressed concerns regarding the proposed dwelling;
In terms of relevant planning policies, the Isle of Man Strategic Plan 2007 sets out a presumption against development of land that is classified as being of Private Woodland or Parkland, unless there are circumstances to justify the development as essential, having said this, it is considered that Environment Policy 1 and 3 can be discounted due to the existing residential nature of the application site and the implications of the subsequent relevant housing policy.
Housing Policy 14 consists of a number of different parts and it is appropriate to work through these as part of the assessment of the proposed development. The first part of the policy states that the replacement dwelling must not be substantially different to the existing in terms of siting and size. It therefore states that the new building should 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. However the policy also states that changes in siting and size can be accepted where these result in an overall environmental improvement. When assessing this proposal, it was clear that the proposed dwelling would be sited on almost the exact footprint of the existing property, as such, it could not be said to be substantially different in terms of siting, meaning that the proposal satisfies the first part of the policy regarding siting. In terms of increase in size the replacement dwelling proposed by the planning application equates to a increase in floorspace (existing dwelling =196.59 square metres \& proposed dwelling =223.25 square metres). This is clearly well within the referred to within the policy.
In terms of design the policy states that generally the design of the new building should be in accordance with Policies 2-7 of the present Planning Circular 3/91, but again identifies scope for exceptions to this where permission may be granted for buildings of innovative, modern design where this is of high quality and would not result in adverse visual impact. As regards to the design, it is considered that the proposed dwelling is almost identical to the existing (in terms of the front elevation) which includes design features taken from traditional dwellings, which would be in accordance with Planning Circular 3/91 "Guide to the Design of Residential Development in the Countryside". Furthermore, the side and rear elevations of the dwelling are very similar to what was previously approved under PA 08/00711/B, as such it is considered the design of the dwelling would be acceptable.
I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 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 : Permitted Date : 9 December 2009
Signed : ______________________________
Senior Planning Officer
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