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Application No.: 22/01537/B Applicant: Mr Mark & Mrs Lynette Byrne Proposal: Alterations and extension to dwelling with terrace to replace existing conservatory, extension to create a porch, rendering works and timber cladding, pergolas, creation of walled garden and hard and soft landscaping works Site Address: Loughen E Yeigh Farm Bayr Ny Hayrey Lezayre Ramsey Isle Of Man IM7 2AU Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 22.03.2023
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.
This application has been recommended for approval for the following reason.
The proposal would not unacceptably harm the characteristics of the existing building or the character of the surrounding countryside, and there would be no adverse impacts on neighbouring or public amenity. The proposal, therefore, complies with General Policy 3, Housing Policies 16, Environment Policies 1 and 4, and General Policy 2 of the Isle of Man Strategic Plan.
Plans/Drawings/Information; This decision relates to the documents and plans received 22 December 2022. _______________________________________________________________
Additional Persons
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The application site comprises the residential curtilage of a large detached property, known as Loughen E Yeigh Farm, which is located on the northern side of Sulby River and to the west of Garey Ford in Lezayre. - 1.2 The dwelling has its entire boundary enclosed in mature landscaping with its entire western boundary adjoining a wooded area. The property has a driveway measuring about 105m and connects the dwelling to a private road that feeds into the Bernahara Road (B14). - 1.3 Most of the dwellings in the vicinity of the application site are characterised by large grounds enclosed in mature landscaping and wooded areas. The adjoining roads and highways are also lined by mature landscaping which screens the dwellings from public view.
2.0 THE PROPOSAL - 2.1 Planning approval is sought for alterations and extension to dwelling with terrace to replace existing conservatory, extension to create a porch, rendering works and timber cladding, pergolas, creation of walled garden and hard and soft landscaping works. - 2.2 The proposal details would comprise:
2.3 Other works would include:
panels. Lower openings to be finished in white to match proposed render colour.
3.0 PLANNING POLICIES - 3.1 The application site is within an area recognised as being an area of 'white land' not zoned for development, under the Isle of Man Development Plan Order 1982, and the site is not within a Conservation Area. The dwelling on site is not prone to flood risks, although large sections of the site area are considered to be prone to High River and Tidal flood risks and High surface water flood risks. There are no registered trees on site although the southern sections of the site are within a registered tree area. - 3.2 Due to the zoning of the site and the proposed works, the following Strategic Plan policies are relevant in the determination of the 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 16 which guides extensions to non-traditional dwellings in the countryside. - 3.4 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." - 3.5 Housing Policy 16: The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public. - 3.6 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 non-traditional 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. - 3.7 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.
3.7 Environment Policy 4 protects biodiversity (including protected species and designated sites).
3.14 Other policies within the Strategic Plan which are considered relevant to the proposal are; Infrastructure Policy 5, Transport Policy 4, and Community Policies 10 and 11. - 4.0 OTHER MATERIAL CONSIDERATIONS
4.1 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". Section 4.11 which deals with Roof Terraces, Balconies, Decking and Patios is considered relevant.
5.1 The site has been the subject of 11 previous planning applications one of which is considered to be specifically material in the assessment and determination of the current application.
5.2 PA 98/00123/C for Change of use from agricultural dwelling to private dwelling was approved in June 1998. This application enabled the use of the existing agricultural dwelling on site as a private dwelling. This application is particularly relevant as extensions and works which make rural dwellings significantly large are not suitable for agricultural dwellings, given that it makes them unaffordable to rural workers over the longer term; a condition that is usually not commensurate with the needs of agricultural holdings. - 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 confirm that there is no highway interest (6 January 2023). - 6.2 DOI Highways Drainage have advised the applicants to ensure that the proposed works comply with Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads relating to surface water runoff onto a public highways (14 February 2023). - 6.3 Lezayre Parish Commissioners support the application (11 January 2023). - 6.4 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of the above application are:
7.3.1 The key considerations in terms of impact on neighbours are risks of overshadowing and/or overlooking and loss of privacy to dwellings within 20 metres of the site dwelling. With the current scheme, there would be no impacts on neighbouring amenity given that the site is considerably screened by existing trees and mature landscaping within the site and long is boundary, and the nearest neighbour is positioned more than 60m from the nearest works area on site. As such, it is not considered that there would be any detrimental impact on the neighbours.
8.1 The application is considered to align with the principles of Housing Policies 16, Environment policies 1 and 4, and General Policy 2, and will not have detrimental impact on the landscape character or neighbouring amenity, and as such is recommended for approval.
9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
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: 24.03.2023 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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