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Appeal Ref: AP25/0006 Proposal: Appeal against the refusal demolition of stable block and adjacent buildings and construction of annexe. Planning Ref: 24/91323/B Address: Meadow View, Cranstal Road, Bride, Isle Of Man, IM7 4BN.
Mr & Mrs Glyn Hoosen-Owen, Meadow View, Cranstal, Bride, IM7 2BN.
The main reason for refusal was that the annex is tantamount to a self-contained 2-bedroom dwelling house and could be separated from the main building. The applicant stated that they do not want to split the property off from the main property and would happily have a clause stating this in any Planning Permission granted (please refer to Appendix 2). The application is not for a new dwelling house in the countryside.
This has been approved in similar applications and conditioned on the Approval as the examples below :
The development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation or as ancillary accommodation to the main house known as '---' and shall not be used or occupied as a separate independent dwelling.
The approved accommodation can only be used as tourist accommodation ancillary to the existing dwelling house of '---'. The accommodation cannot be rented out or sold separately from the existing dwelling house of '---'
Reason: the application is not applying for a dwelling house in the countryside and the condition would ensure as such.
In this regard there is case law that has accepted that self-contained accommodation as being ancillary to the principal residence: such cases include when the unit would be occupied by a dependant relative and who might pay the bills etc. However, in most instances the test of whether a development comprises a separate planning unit rests upon its severability. i.e. if the ancillary accommodation could practically and viably operate on its own were the primary use of the premises cease or cease to be in the ownership of the same person.
In this instance, it entirely realistic and achievable for the annexe to be severed from the principle dwelling with vehicular access shared. Due to the location of the annexe and its detached nature, it curtilage could be severed into two units in order to provide separate gardens, parking and turning spaces for both dwellings.
This would be very difficult in this application for a number of reasons, and we disagree that it curtilage could be severed into two units in order to provide separate gardens, parking and turning spaces for both dwellings due to the existing buildings, highways issues and existing controlled open drainage ditch to the north east of the site. Please see attached photographs in Appendix 3.
For it to be used as a separate dwelling it would require Planning Approval that would amount to 'Tandem Development' and would therefore be rejected.
"Tandem development(3)" (consisting of one house immediately behind another, and sharing the same access) is generally unacceptable because of the difficulties of access to the house at the back, and the disturbance and lack of privacy suffered by the house in front.
The Case Officer confirmed in his Refusal that the proposals are therefore assessed as being contrary to the following Policies :
Strategic Policy 1: "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."
The proposed Annex does adhere to the above.
Strategic Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
Although the proposed Annex is not new isolated development in the countryside, it has to be measured against paragraph 6.3. General Policy 3.
Spatial Policy 5: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
Again although the proposed Annex is not new isolated development in the countryside, it has to be measured against paragraph 6.3. General Policy 3.
Housing Policy 4: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) 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:
(a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
The proposed Annex is not new housing.
General Policy 3: "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(1) 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."
The proposed Annex is in line with Section C.
Although not confirmed in the Refusal Notice the case officer refers to the following Policies :
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."
Environment Policy 2 states: "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."
It is assumed that the proposed Annex aligns with these 2 policies.
In his conclusion to the report the Case Officer confirms :
Given the concerns set out at 7.7 above, the fact that the proposed annexe is tantamount to an independent 2 bedroom dwelling that could be readily severed from the principle dwelling to create a separate planning unit, and there being a lack of compliance with General Policy 3, there is an in-principle objection to the proposed development which would effectively create a new dwelling in an area where zoning and Strategic Policy does not support such proposals.
While the above concludes that the building in and of itself would only have a moderate impact in terms of conflict with the AHLV and referenced policies, the development is considered to constitute an unsustainable development in the open countryside contrary to the development plan policies that seek to deliver new residential development in the most sustainable locations, including Strategic Policies 1 and 2, Spatial Policy 5 and Housing Policy 4.
Again we confirm that it is not an application for a new dwelling.
It is important to note the following in the Isle Of Man Strategic Plan :
To ensure that the land use planning of the Island is consistent with the aims and objectives of the Government Plan the Department has formulated an over-arching Strategic Aim.
Strategic Aim: To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage.
Central to this over-arching Strategic Aim is the concept of Sustainable Development which, put simply is the idea of ensuring a better quality of life both now and in the future. A widely used definition is: "development that meets the needs of the present without compromising the ability of future generations to meet their own needs".
There is a need for the proposed Annex as confirmed in Appendix 1 and 2 of the Statement. The following Statutory Consultees have been consulted and their responses can be summarised as follows: Bride Parish Commissioners - No comments received.
DOI Highway Services - No objection:
o After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the proposals would have a similar or less parking demand to the existing situation.
Ecosystem Policy Team - No objection:
The applicant should ensure to make thorough checks for bats and birds in and around the building prior to its demolition. If bats or birds, or evidence of bats and birds, such as nesting material or piles of droppings, are discovered, all work must stop and advice be sought from the DEFA Ecosystem Policy Team on 01624 651577.
The presence of bats and birds will not stop the demolition from taking place, but provision must be made for their ongoing protection.
No representations or significantly no objections have been received from members of the public.
In his Report the Case Officer confirms support of the annex in terms of design, scale and massing and to the main in terms of Policy:
The proposal seeks to replace a former stable building with a larger, new building that will form a 2 bed self-contained annexe. The building is a simple, linear form with external materials that are suitable for the site and surrounding area.
The proposed annexe will create a contemporary appearance to the building which is not considered to have a significant harmful impact upon the character or appearance of the site or wider landscape setting, when regard is had to the existing built form to be demolished and other buildings/approved works within the property.
Thus, although the development would inevitably render the appeal site more urban, it would integrate reasonably into the local landscape, showing respect to local character in its scale and design. It is considered the degree of harm to the landscape of the AHLV and any consequent conflict with GP3, StrP4 or EP1-2 of the IMSP would be no more than moderate. The scheme would also comply with the several criteria of GP2.
Regarding other material considerations, the proposed development is located away from any nearby or neighbouring dwelling houses. As a consequence, the proposals will not give rise to any material impact upon the amenity of properties in the area. Similarly, the site is not located within a Conservation Area or in immediate proximity to Registered Buildings such that the development would impact upon the setting of protected areas.
There seems to be some inaccuracies in the report in the 'Proposal' section where a first floor with a balcony is described and a dog room which appears to be in reference to the extension approved to the main house in 2024 under Application 24/00411/B, which need to be clarified.
The annex is designed to suit the needs of the owners mother, with the owners having the benefit and knowledge that they are committing to providing a sustainable and eco friendly new building, in line with the Isle Of Man Governments initiatives and guidelines. This was one of the main reasons that the existing stable building could not be converted due to the poor construction and shallow foundations present, and the difficulties of achieving these standards of construction.
This proposed Annex creates a good piece of architecture that fits into its context well. Its proportions, materials and roof scape sit easily in its immediate context and contributes positively to its existing densely landscaped setting. We believe that this scheme is worthy of support and would ask that consideration be given to approving this project at Appeal.
I Gareth M Roberts will be attending the hearing and would like to bring Mr Glyn Hoosen-Owen and Mrs Voirrey Hoosen-Owen, along with Greeba Cowen to answer any questions raised at the hearing.
Type of Application Full Planning Permission.
Location of Proposed Development Meadow View, Cranstal, Bride, IM7 4BN.
Description of Proposed Development Demolition of Existing Stable Block And Adjacent Buildings And Construction Of New Annex.
Date of Preparation 19 November 2024.
1.00 Introduction 2.00 The Site 3.00 The Scheme 4.00 Services 5.00 Design Strategy 6.00 Design Concept 7.00 Sustainability, Renewals And Efficient Use of Energy 8.00 Planning Policy 9.00 Trees and Landscaping 10.00 Concluding Statement
1.01 This design and access statement has been prepared by 8G Architects Limited on behalf of glyn and Voirrey Hoosen-Owen to accompany a planning application for the demolition of existing stable block and adjacent buildings and construction of new annex for the owners elderly mother.
The statement provides information on:
It then appraises the design of the development scheme in the context of the site and its surroundings and concludes that the design is appropriate in this context such that a grant of planning permission on design grounds is appropriate.
2.01 The residential site is located at Meadow View is a detached two bedroom, 2 storey dwellinghouse located to the northern side of Cranstal Road, between the settlements of Bride and Cranstal.
2.02 The dwelling is centrally positioned within the western part of the property with gardens all around. There is a driveway to the side with off road parking provision, together with a single garage that is used for storage. There are a number of detached outbuildings within the eastern garden area.
2.03 The site is bounded on the eastern side by a residential property Bridge Cottage which is not visible from the property due to the extensive landscaping on the boundary line. All the other sides are surrounded by open fields.
2.04 The overall residential site area is approximately 2141m² / 0.53 acres and is largely level.
3.01 Proposed is the demolition of existing stable block and adjacent buildings and construction of new annex.
3.02 The annex is to be occupied by the owners elderly mother who is in poor health and it is the intention for her to be cared for whilst residing in the adjacent annex, where she can still have some independency, but also have the reassurance that her family is close by and she is not isolated if assistance is required.
3.03 The annex will be fully accessible and be future proofed to enable Greeba to receive the appropriate ongoing care that she will require.
3.04 Call alarms will be installed in every room of the annex, as will cctv to the main living area.
4.01 Water, electricity and gas mains are available on site.
4.02 Foul water drainage will be connected to the existing septic tank on site.
4.03 Surface water will be drained to the existing open controlled drainage ditch on site.
5.01 Following a full review of the existing stables and outbuildings it was confirmed that they were not suitable for conversion in to an appropriate conversion to meet the high levels of energy efficiency and sustainability required, and provide the client with a building to meet their specific needs. The design of the new annex was completed following thorough analysis of the context in terms of siting, layout, scale and materials, in relation to the buildings it is proposed to replace on the property.
5.02 Be site responsive and specific, providing security and accessibility, but also with some degree of privacy.
5.03 The replacement annex will have external dimensions of 9.8m in length, 6.9m in width, and a maximum height of 4.3m. The footprint of the annex will total 71m². It will be located on the footprint of the existing stables and outbuildings to minimise it visual impact. The footprint of the existing stables and outbuildings is 68m². If the area of the open metal fenced kennels was included it would be 81m².
5.04 The proposed height of the annex is 4.3m, only 0.5 metres higher than the existing stables, ensuring that it remains subordinate to the main house and does not dominate the surrounding garden area.
5.05 The annex will be constructed using natural timber, which will complement the garden setting and blend into the natural surroundings. The roof will be low pitched to keep the structure to a minimum, and windows will be positioned to allow natural light, without causing overlooking issues with neighbouring properties.
5.06 The annex is designed to have minimal impact from the street and on neighbouring properties. It will in fact due to its location and the buildings in front of it not be visible from the road. It will be positioned a suitable distance from all boundaries and complies with the Isle of Man Residential Design Guidance 2021 in terms of privacy, scale, and amenity considerations.
6.01 The annex is designed to create an attractive appropriate replacement of the old stables and adjacent buildings.
6.02 The design of the replacement annex on the site attempts to reflect and compliment the architectural language of the existing house on the site. Materials proposed include the predominant use of naturally weathered timber cladding and render, with concrete tiles for the roofs which give a slate like appearance.
6.03 The proposed annex has been positioned to respect the existing location of the stable building.
6.04 The proposed annex slab level will be designed to minimize the requirement for existing site levels to be radically changed.
6.05 Materials were chosen that were suitably robust, and that would weather gracefully without the need for maintenance, with an extended overhang on the verge and eaves to help protect the timber cladding.
The proposed material finishes on the new annex are:
7.01 It is intended that the proposed annex be designed and constructed to incorporate a range of energy efficient improvements in order to improve base line energy and carbon performance beyond current Building Regulations standards, including reduced façade air permeability and improved thermal efficiency of building materials.
7.02 Minimise Energy Use: the objective is to minimise energy needs in development by following a hierarchical approach to minimising energy use.
7.03 Sustainable Building Materials: this theme covers a range of sustainability impacts including, minimising the energy required for producing and transporting building materials, using recycled material from local sources as far as possible and by choosing materials with a low embodied energy.
7.04 Sustainable Construction: this theme covers the methods used during the construction phase to reduce disturbance and the impacts on the surrounding environment.
7.05 Waste Management: the amount of waste generated in the construction process is to be minimised following the national waste strategy: reduce, re-use and recycle.
7.06 Site Management: the objective is to ensure that the site is managed effectively to ensure that sustainability measures are implemented safely.
7.07 The sustainability measures that are proposed as part of the development proposals have been developed in accordance with these themes.
7.08 Therefore the development will:
7.09 The proposed buildings are orientated to take full advantage of the views afforded to the site as well as benefit from solar gain throughout the course of the day.
Specific products will be selected to achieve relevant targets for sustainability.
The annex layout provides access and sufficient space to permit routine maintenance to be carried out properly and safely around all sides of the building.
Below is a summary of some of the Energy initiatives we will be using:
Any materials from the existing buildings will be reused where possible and any concrete, blocks and tiles will be crushed and used in the replacement annex or new patio area and connecting footpath.
8.01 The proposal has been designed in accordance with the Isle of Man Strategic Plan 2016 and the Isle of Man Residential Design Guidance 2021.
The following planning policies are particularly relevant:
This policy sets out criteria that development proposals must meet to ensure they contribute positively to the character of the area and do not result in over development. The proposed annex has been designed to be sympathetic to the existing property and surroundings. Its scale and design are modest and in keeping with the residential character of the area and the building it is replacing. The retention of a significant amount of garden space ensures that the proposal does not lead to overdevelopment of the site. It also respects the amenity of neighbours and the surrounding streetscape, ensuring no negative impact on the highway or public footpath.
8.02 There are a number of Planning Policies and Development Plans which support this application and a few are highlighted below :
The Strategic Aim is: "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."
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 this current planning application:
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 under-used 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."
As the proposed use is consistent with the land use designation, the provisions of General Policy 2 are applicable in this case:
General Policy 2, which provides an overall requirement for all development, states: "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:
(a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; 33 (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption.
Infrastructure Policy 5 particularly states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources."
8.03 The following applications have been submitted in respect of this site:
PA 24/00411/B Demolish existing detached garage, erection of a two-storey extension, door/window alteration and installation of a dormer window – Permitted.
PA 20/00965/B Alterations and erection of extension to side elevation linking dwelling to detached garage and erection of dormer to rear elevation – Permitted.
PA 07/01096/B Erection of sun room and porch extensions – Permitted. PA 01/02192/B Erection of field shelter – Refused. PA 93/01434/B Construction of stables – Permitted. PA 88/01688/B Demolition of existing and erection of new dwelling – Permitted. PA 87/01730/A Approval in principle to the erection of a cottage – Refused.
PA 84/00163/B Extension to form additional living accommodation, installation of septic tank, formation of vehicular access and turning area – Permitted.
9.01 No trees are proposed to be removed and a full landscaping scheme will be conditioned on any approval.
10.01 The development would represent a high-quality design which would make a positive contribution to the character of the area whilst preserving levels of amenity and privacy for the adjacent dwelling.
10.02 The proposed replacement annex is well designed and will not adversely impact upon the character and appearance of the landscape. The proposal complies with General Policy 2, Environment Policy 1 and Housing Policy 16 of the Isle of Man Strategic Plan 2016 and in turn the Residential Design Guidance 2021.
10.03 Its proportions, materials and roof scape sit easily in its immediate context and contributes positively to its existing setting. We believe that this scheme is worthy of support and would ask that consideration be given to approving this project.
Mr P G Hooson-Owen Meadow View Cranstal Road Bride Isle of Man IM7 4BN
18 November 2024
Isle of Man Planning 1st Floor Murray House Mount Havelock Douglas IM1 2SF
To whom it may concern,
Concerning the need for the proposed replacement annex, built over the existing stables and outbuildings, is so that my wife's mother can be cared for, as she has had a stroke and also a bleed on the brain. Her memory is not the same as it was, and she has recently been caring for her late husband and this has impacted her health.
While her late husband was alive, they looked at several properties but could not find one that they could afford, that did not require a significant amount of work.
Utilising the stables and outbuildings at Meadow View which are not required by ourselves, allows a purpose-built annex to be constructed, with a low cost of living and also being a green, energy efficient and sustainable property.
We will be acting as on site carers, and the property will be made fully accessible for wheelchairs and walking aids should my mother in laws health deteriorate any further to enable us to look after her, and not have to put her in to a care facility.
We do not want to split the property off from the main property and would happily have a clause stating this in any Planning Permission granted.
Yours sincerely [Redacted]
Mr P G Hooson-Owen
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