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23/00198/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00198/B Applicant : Mr Jonathan Richard Sykes Proposal : Erection of decking and garden room/office (retrospective) Site Address : Cubalibre Moar Ballamenagh Road Baldrine Isle Of Man IM4 6AL
Planning Officer: Mr Peiran Shen Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 20.04.2023 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The garden room is to be used for the enjoyment of Cubalibre Moar only and should not be rented out or sold separately from the main dwelling.
Reason: for the avoidance of doubt.
This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2 and Paragraph 8.12.1 of the Strategic Plan and Residential Design Guide July 2021.
Plans/Drawings/Information; This approval relates to the documents, planning statement, elevations and drawing nos. 01, 02 which have been received on 20th February 2023 and email correspondence as having been received on 10th April 2023. __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
44 Baldrine Park, Baldrine
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as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
1.0 THE SITE 1.1 The site is Cubralibre Moar, Ballamenagh Road, Baldrine, a detached dwelling located on the northeast of Ballamenagh Road, close to its junction with Baldrine Park.
2.0 THE PROPOSAL 2.1 The application seeks retrospective approval for the erection of a garden room/office with decking at the north corner of the site. It is approx. 6m wide, projects approx. 4m and approx. 2.5m tall. The garden room has a near-flat roof and white horizontal board cladding. There is a bi-fold door on the southeast elevation.
3.0 PLANNING HISTORY 3.1 There is no previous application considered materially relevant to this application.
4.0 PLANNING POLICY Site Specific 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East. The area north of the site is outside of the settlement boundary and is considered to be part of the countryside.
Strategic Policy 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: o General Policy 2 (b) (c) (g) (m) o Environment Policy 42 o Paragraph 8.12.1
PPS and NPD 4.3 There is no relevant Planning Policy Statement or National Policy Directive applicable to this application.
5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance 5.1 The Residential Design Guide (July 2021) provides guidance on the design of new houses and extensions to an existing property, as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. Therefore, it is considered that the Guide is materially relevant to this application.
5.2 RDG Chapter 5 sets out key considerations regarding architectural details. These include window details and external finishing. The general idea is that development should fit in with the street scene and the building itself.
5.3 RDG Chapter 7 sets out key considerations regarding the impact on neighbouring properties. These include the potential loss of light/overshadowing, overbearing impact upon outlook and overlooking resulting in a loss of privacy.
6.0 REPRESENTATIONS 6.1 Garff Commissioners has no objection to this application (22.03.2023).
6.2 Highway Services states there is no highway interest in this application (16.03.2023).
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6.3 44 Baldrine Park wrote in objection to this application (23.03.2023). The comment states that the proposal fails to comply with the Permitted Development Order 2012 and Chapter 7 of the Residential Design Guide. The comment also states garden room is overbearing and has a negative impact on their outlook and a light shining from the direction of the garden room at night is intrusive and reduces their privacy. The comment points out that the garden room is next to a public highway and they consider the design of the garden room is not in keeping with the character and streetscene of the area.
7.0 ASSESSMENT Point of Clarification 7.1 Permitted Development Order (PDO) is an exception to the Town and Country Planning Act 1999 (TCPA). Development that complies with all requirement within the Order receive an automatic approval, rather than having to seek approval before commencing the development. In this application, the proposed garden room (summerhouse/shed) is larger than the 15 square metre requirement, meaning it should have sought approval from the Department before the erection of the garden room. Not fitting in with the PDO or the fact that the application is retrospective has no material impact on the assessment of this application.
7.2 The installation of domestic outdoor lighting is generally not considered to be development and is therefore not regulated by the Department and has no material impact on the assessment of this application.
Elements of Assessment 7.3 The key considerations in the determination of this application are its impact on the character and streetscene of the area, and on the amenities of the neighbour.
Character and Streetscene 7.4 The garden room is more contemporary than the main dwelling but it is still typical for a summerhouse/shed. The site, while next to the countryside, is still within a predominantly residential area and can only be assessed as such. The garden room is visible to the public from the public highway west of the site. However, the appearance is still typical for the rear of a residence. Therefore, it is considered that the garden room has a neutral impact on the character and streetscene of the area.
Neighbouring Amenities 7.5 The extension is single-storey and complies with the "45 Degree Approach". Therefore, it is considered that there is no concern for overbearing or overshadowing.
7.6 There is no building within 20m of the bi-fold door besides that of the applicants. There are no windows or doors on the other elevations. Therefore, it is considered that there is no concern for overlooking.
8.0 CONCLUSION 8.1 The proposal is considered to comply with General Policy 2 and Paragraph 8.12.1 of the Strategic Plan and Residential Design Guide July 2021. Therefore, it is recommended for an approval.
9.0 INTEREST 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;
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(e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land which 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 above who should 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: 24.04.2023
Determining officer Signed : A MORGAN Abigail Morgan
Principal Planner
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