DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/01153/B Applicant: Mr Andrew Ferris Proposal: Extension to the side and rear elevations, replacing the existing conservatory and sunroom, and to create a new window to staircase. Site Address: Ballaseyre Beg Andreas Road Andreas Isle Of Man IM7 4EN Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.02.2023

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 tree protection measures shall be carried out in accordance with the Tree Protection Plan (Drawing No. 20 1461/03) submitted in support of the application, and shall be fully installed and implemented and retained for the duration of the construction process, unless stated otherwise. Within the Construction Exclusion Zones identified on this drawing, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department.

Reason: to ensure that the trees within the site are adequately protected from damage to health and stability throughout the construction period.

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

Overall, it is concluded that the planning application accords with the provisions set out in Housing policy 15, and Environment Policies 1 and 3 of the Isle of Man Strategic Plan 2016, as the proposal would not have any significant adverse impacts on public or private amenities, or the character and appearance of the surrounding countryside.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on 13.09.2022, and the Tree Protection Plan received 13 December 2022. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of Ballaseyre Beg, Andreas Road, Andreas, which is a two storey detached property located on the eastern side of the Andreas Road and southeast of Andreas Village. Within the application site, and to the rear of the garden of Ballaseyre is a detached doubled garage with store accommodation within the roof space. - 1.2 The boundary treatment along most of the properties boundary of this traditional styled property comprise mature trees and hedgerow, with the screening only thinning out along parts of the southwest and southeast boundary.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for extension to the side and rear elevations, replacing the existing conservatory and sunroom, and to create a new window to staircase. - 2.2 The main works involve:

• a. Demolishing the existing conservatory at the rear (northeast elevation) of the property and erecting a new extension that would partly wrap around the northeast and northwest elevation of the dwelling and be connected to the existing kitchen. This extension which would enable the creation of an open plan kitchen, dining and sitting area on the ground floor would have a pitch/hipped roof over. The walls of the extension would be clad mainly in vertically hung natural larch/cedar cladding left to weather to a silver grey finish where indicated, with some sections finished in smooth plain render painted white. The roof over the extension and replacement roof over the replacement kitchen would be finished in standing seam roofing system, METSEAM zinc.
• b. Three new velux rooflights with up stands to provide minimum pitch of 15 degrees would be installed over the roof of the extension.
• c. A new window would be installed on the first floor northwest elevation to serve the stairs.
• d. A new high level window would be installed on the ground floor northwest elevation to serve the kitchen.

2.3 It has been indicated on the plan that a new deck area with sauna would be erected on the southeast elevation of the property. No details of its height above ground level has been provided. As such, this is not assessed within the current application. - 2.4 No trees would be removed as part of the application. The application has also been supported with a Tree Protection Plan. - 2.5 There would be no changes to the parking arrangement on site as the three parking provisions would be retained.

- 3.0 PLANNING POLICY

3.1 The application site is shown on the 1982 Development Plan as 'white land' and therefore within the open countryside which is not zoned for development, although the site is not within a Conservation Area. The entire northwest boundary of the site lies within a high surface water flood risk area. The northwest sections of the site are also prone to flood risks, although the existing dwelling and proposed development area is not prone to flood risks. The dwelling and about 40 percent of the site area lies within a registered trees area. - 3.2 In terms of Strategic Plan policy, the Isle of Man Strategic Plan 2016 contains the following policy that is considered specifically material to the assessment of this current planning application: - 3.3 The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EP 1 and GP3). However given there is an existing dwelling on the site, it is relevant to consider Housing Policy 15 which makes provision for extensions or alterations to traditional properties in the countryside. - 3.4 Housing Policy 15: "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)". - 3.5 Paragraph 8.12.2: Extensions to properties in the countryside As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside. Care therefore, must be taken to control the size and form of extensions to property in the countryside. In the case of traditional properties, the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be acceptable where these destroy the existing character of the property. In the case of non-traditional properties, where these are of poor or unsympathetic appearance, extensions which would increase the impact of the property will generally not be acceptable. It may be preferable to consider the redevelopment of nontraditional dwellings or properties of poor form with buildings of a more traditional style and in these cases, the Department may consider an increase in size of the replacement property over and above the size of the building to be replaced, where improvements to the appearance of the property would justify this. - 3.6 Since the site has an established residential use and the site is within a location with existing properties, it would also be relevant to consider the general standards of development as set out in General Policy 2. This is hinged on the fact that it relates to design and amenity; indicating development should be supported provided it, "respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them...". - 3.7 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." - 3.8 Environment Policy 3: 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.

3.9 Other policies within the Strategic Plan which are considered relevant to the proposal are; Infrastructure Policy 5, and Community Policies 7, 10 and 11.

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 Planning Circular 3/91 (Guide to the Design of Residential Development in the Countryside) is considered relevant. The section on 'Proportions and Form' on page 4 provides advise on how to make variations to the floor area of traditional buildings (extensions).

• 4.1.2 Policy 3 states: "The shape of small and medium sized new dwellings should follow the size and pattern of the traditional farmhouse. They should be rectangular in plan and simple in form. Extensions to existing buildings should maintain the character of the original form".
• 4.1.3 Policy 4 states: "External finishes are expected to be selected from a limited range of traditional materials". The supporting texts to policy 4 states that "Modern construction and materials may be used to achieve a similar external appearance".

4.2 FLOOD RISK MANAGEMENT ACT (2013) 4.2.1 Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations. - 4.3 Whilst not adopted planning policy, DEFA's Residential Design Guide (2021) is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions. It is envisaged that a new guidance will be provided for dwellings in the countryside, although some of the broad principles set out within this document may still be relevant to such proposals".

6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is 'No Highway Interest' in a letter dated 21 October 2022/13 December 2022. - 6.2 DEFA Forestry has stated that further to discussion with the agent and the submission of a tree protection plan, the impact to the retained tree as a result of the proposal will be minimal. They recommend the protection plan is made a condition of approval (19 December 2022): - 6.3 Andreas Parish Commissioners have no objection to this application (2 November 2022). - 6.4 No comments have been received from neighbouring properties.

7.0 ASSESSMENT - 7.1 The fundamental issues to consider with the current proposal are:

• a. The Visual Impact on the existing dwelling (HP 16);
• b. Impact on the character of the area, having particular regard to the fact that the site is situated in the countryside (EP 1); and
• c. The potential impacts on trees (EP 3).

7.2 There would be no impact on neighbours and their amenity, given the detached position of the dwelling and site of proposed extension relative to neighbours. Also, the scheme as proposed would not result in alterations to the parking arrangement on site. More so, there

• would still be parking for three vehicles within the site which would comply with the requirements of Transport Policy 7.
• 7.3 Visual Impact on the Appearance of the Dwelling

• 7.3.1 In assessing the visual impacts of the proposed works, it is noted that the works are to the rear and side of the property, and at positions that would not be particularly prominent from public perspectives, although there would be limited views over parts of the existing boundary treatment when using the track that runs along the southern boundary of the site or through gaps along the mature landscaping when approaching the site from Andreas. It is, however, noted that these views would be read within the context of the site which is residential.

• 7.2.2 It is also important to note that whilst the works will be apparent, the architectural detail and high quality finishes would result in the extension fitting seamlessly with the existing dwelling on site. Whilst it is noted that the extension would add modern elements to the appearance of the dwelling, the form, scale, roof form and general appearance would be in keeping with the character of the dwelling which has a mixture of external finishes.
• 7.2.3 With regard to the increase in footprint, it is considered that the proposed works would increase the building's floor area measured externally by 37sqm is considerably less than 50% of the existing floor area.
• 7.2.4 Given the above, it is considered that the new extension would respect the proportion, form and appearance of the existing property, and would not unduly increase the size of the existing dwelling. Therefore, it is considered that the proposal would constitute an acceptable development which would be in keeping with the appearance of the existing dwelling on site, and be compliant with the requirements of Housing Policy 16 of the Strategic Plan.

7.3 Impact on the nature of the locality and surrounding countryside

• 7.3.1 With regard to the possible impacts on the character of the locality and surrounding countryside, it is considered that the dwelling is situated in a somewhat isolated position, with significant mature landscaping and trees along large stretches of its boundary which considerably screens views to the existing dwelling, although there would be some constrained views from the nearby thorough fare.
• 7.3.2 Whilst the scale of the building would be increased over the existing, it is not considered that the proposed scheme would unduly increase the impact of the building on the character of the site or the surrounding countryside, as its design and material finish would ensure that the proposal preserves the existing site character and appearance. Moreover, none of the trees which serve to define the character of the site and area would be removed. Therefore, it is considered that these aspects of the development are deemed to be acceptable and fitting for the locality, with the proposed development complying with Housing Policy 15 and Environment Policy 1.

7.4 Impact on trees

7.4.1 In terms of impacts on trees, it is considered that the proposed works would project further into the rear garden and nearer an existing mature tree (registered) on site with potential to impact on the tree. Whilst there were concerns with the affected tree, the applicants have provided a tree protection plan which has been assessed by DEFA's Arboricultural Team and considered acceptable. As such, it is not considered that any impacts on the nearby tree would be sufficient to warrant refusal of the proposal. It would, however, be appropriate for any approval to apply a condition to ensure the submitted tree protection plan is integral to any development on the site.

7.5 Other Matters

• 7.5.1 No new confined spaces with easy access to those outside the site would be created, which would serve as easy hideouts for criminal activity or antisocial behaviour. Likewise, the scheme would not impede easy access to fire apparatus to the site, should it be required to

manage fire outbreak at the site or create spaces with material finish that would facilitate the spread of fire. Therefore, it is considered that these elements of the scheme aligns with the requirements of Community Policies 7, 10, and 11.

8.0 CONCLUSION - 8.1 Overall, it is concluded that the planning application is in accordance with the relevant policies of the Isle of Man Strategic Plan 2016 and the principles promoted by the Residential Design Guide, and as such is recommended for approval.

9.0 INTERESTED PERSON STATUS - 9.1 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.

9.2 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 in Article 4(2) who should be given Interested Person Status.

9.3 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 can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 03.02.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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