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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00780/B Applicant : Mr Alex Leonard Proposal : Erection of a detached building to provide garaging and garden store Site Address : Homefield Cottage Barrule Road Foxdale Isle of Man IM4 3ES
Case Officer : Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 16.04.2018 __
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. The garage hereby approved shall be used only by the occupants of Homefield Cottage as defined within the red line in the application drawings, and only for the storage and maintenance of motor vehicles and garden machinery associated with Homefield Cottage.
Reason: To safeguard the residential character of the dwelling and highway safety of the area.
C 3. Prior to the commencement of any works, a scheme for the introduction of additional planting along the boundary of the site with the public footpath to reinforce the existing screening of the proposed building from this view must be approved by the Department and the scheme undertaken in accordance with these details and condition 4 below. Planting should incorporate species found within the area and not utilise domestic or garden species.
Reason: To safeguard the visual amenities of the area.
C 4. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed,
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or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
N 1. The applicant is encouraged to try to reduce the level of the building as far as is practicable and it would be considered that a reduction of up to 500mm would not materially affect the impact of the development and would not require a further planning application.
Plans/Drawings/Information:
This approval relates to drawing numbers 1, 02, 3, 4 and 5 and associated photographs date stamped and received 21/07/2017.
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Interested Person Status - Additional Persons
NONE __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE SENIOR PLANNING OFFICER
THE SITE 1.1 The application site represents the residential curtilage of Homefield Cottage an existing dwelling situated on the eastern side of the A3 Ballamodha Straight just to the north of the junction with the B39 Ronague Road and south of Foxdale.
1.2 The existing two storey dwelling sits directly adjacent to the main road with an existing driveway running north of the house between the northern boundary of the site and an existing brick built garage.
1.3 The land which is defined in red appears to include both the immediate curtilage of the dwelling as well as land which stretches down to the public footpath which runs from the A3 towards Stoney Mountain Plantation. The land is all managed as one unit but consideration of the aerial photographs from prior to 2012 seem to indicate that the lower part of the site has not been actively managed compared with how it is now.
1.4 There is a gate which provides access from the site onto the public footpath. The area at the bottom of the site is presently being used for the storage of equipment and vehicles.
THE PROPOSAL 2.1 The application seeks permission for the erection of a steel portal framed building in the north eastern corner of the site, the 11m x 7m unit will have an eaves level of approx. 4m high and a central ridge of approx. 5.2m. 3 roof lights are proposed on each side of the roof slope.
2.2 On the longest elevation two large rolling shutters are proposed providing access into the unit with a smaller pedestrian single access proposed on the north elevation. The building is to have an olive green coloured finish.
2.3 The proposed structure is to be utilised as a garage for the storage of motor vehicles and garden implements and machinery store by use of the owners of Homefield Cottage.
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2.4 The applicant has provided additional information on 12th April, 2018 explaining that he does not wish the building to be converted or convertable to any other use and that a great deal of thought had gone into the location and design, taking into account the high voltage electricity cable which runs through the site, which cannot be moved or undergrounded. He is also mindful of not wanting to have to create a new road to it, so the building needs to be near the existing access and he considered that the building as proposed would be at the lowest part of the site with the least visual impact. He is happy to reinforce the existing planting and provides photographs of the area where other outbuildings can be seen. He maintains Landrovers as a hobby and wishes to have space to store his tractor including a lift which has resulted in the height of the building as proposed. He could lower it a further 300 - 500mm if required. The chosen position enables the shed to be reached from the existing access rather than having to have multiple access points. He promotes the 4 wheel drive club on the Island and is involved in competitions both on and off Island.
2.5 During a meeting in the Planning Office he also explained that he had taken into consideration his neighbour's outlook from The Croite, to the north.
PLANNING HISTORY
3.1 The application site has been subject to one previous application PA 06/01309/B for the installation of UPVC casement windows and doors to replace existing which was approved in 2006.
PLANNING POLICIES 4.1 The site has a primary overhead extra high tension line running through it from north to south between the existing house and area located for the new steel framed building. The site also lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as white land that is not designated for development and within an area designated on the same plan as Nature Conservation Zones, Nature Reserves and Sites of Ecological Importance for Conservation.
4.2 While the site lies within a Nature Conservation Zone it is expected that this is focussed primary on the closely located South Barrule Plantation, Stoney Mountain plantations and the surrounding woodland, nonetheless the site has been included and therefore the relevant policies of the Isle of Man Strategic Plan 2016 to consider in the assessment of the application are:
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 land1 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;
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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."
Environment Policy 1:
"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."
Energy Policy 2 states: "Land within 9m either side of an overhead High Tension power cable will be safeguarded from development."
Environment Policy 4 states: "Environment Policy 4: Development will not be permitted which would adversely affect:
(a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.
(b) species and habitats of national importance: (i) protected species of national importance or their habitats; ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land.
(c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.
Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."
5.0 REPRESENTATIONS 5.1 Malew Parish Commissioners have no objection to the planning application (08/08/2017).
5.2 The Department of Infrastructure Highway Services do not oppose the current planning application subject to the addition of a condition to ensure the use of the garage as a vehicle and implement store only. Highway Services added that the proposal is expected to tidy up and rationalise the site and that it is not expect to increase any traffic levels and therefore acceptable from a highways aspect 05/09/2017.
6.0 ASSESSMENT 6.1 The fundamental issues in the assessment of the current planning application are the impacts of the development upon the character and appearance of the landscape and visual amenity of the area. Whilst there are policies regarding the safeguarding of overhead high tension power lines and areas of ecological importance, in both of these cases, the
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development would not have an adverse impact - the building is more than the required 9m from the line and the building would not adversely affect an area of importance to ecology. Neither statutory authority has commented adversely in this respect (DEFA Senior Biodiversity Officer nor Manx Utilities).
6.2 The application site is within an area not zoned for further development. Whilst there are no policies in the Strategic Plan which specifically relate to the erection of garages, it is reasonable that people may wish to have a garage within the curtilage of their property and the Town and Country Planning (Permitted Development) Order 2012 accounts for this under Class 17 subject to several conditions addressing the size, design and number of garages within the site. As proposed, there is already a garage on site so an additional one could not be built under the provisions of the Order. In addition, the proposed garage is larger than would be allowed and closer to the public footpath than the house which would make it ineligible.
6.3 A small existing single garage is already on site, this is approx. 9m long however very narrow in width approx. 3m wide with an internal width smaller again. The applicant takes part in a 4 x 4 motor sport for which he has a number of privately owned competing vehicles that require storage and maintenance between events. The existing garage does not provide a suitable facility for this. The proposed building will allow for the storage of these private vehicles as well as an additional storage area for garden machinery such as a tractor and lawn mower and for the drying and storage of logs for their multi-fuel burner in their dwelling. Whilst there are no policies which support this sort of development, there is merit in the applicant's argument for the need for space for maintenance vehicles and equipment in association with the site itself, in addition to the vehicle maintenance operation.
SITING 6.4 The garage would be set back 45 metres from the Foxdale Road and unlikely to be visible in its entirety unless stood within the rear garden of the site. The site also benefits from trees and planting along the boundaries that would also partially the screen the new garage from public view. The majority of passers-by in this location are likely to be travelling in a vehicle and at a reasonable speed similarly limiting views into the site and towards the garage. Similarly, the site is well screened from the public footpath.
DESIGN 6.5 The proposed structure would have a typical appearance of an agricultural building of which would not be uncommon within such a rural area, while buildings of this kind are to be located as close as practicably possible to existing structures the overhead cable running through the site prohibits this and as such the location in the north east corner along each boundary reduces visual impact and impact on the overhead power line.
6.6 The proposal is not considered to have a detrimental impact on the area due to its position and existing screening.
CONCLUSION 7.1 The proposal of a private domestic garage for the storage of private motor vehicles and garden machinery and implements will tidy up the appearance of the existing residential curtilage, and whilst not in accordance with the various exceptions to policy as set out in General Policy 3, it is considered on balance that due to the limited impact which the development would have and the benefit in tidying up the site and providing a facility for the storage of items in relation to the maintenance of the site, that the application be recommended for approval subject to the addition of a suitable condition relevant to the use and ensure that no commercial entity or business be run from the site or the proposed garage.
INTERESTED PERSON STATUS
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8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The Planning Committee 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 6(4) who should be given Interested Person Status. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted
Committee Meeting Date: 23.04.2018
Signed : L Kinrade Presenting Officer
Further to the decision of the Committee an additional report was required
YES/NO See below
PLANNING COMMITTEE DECISION 23.04.2018
Application No. :
17/00780/B Applicant : Mr Alex Leonard Proposal : Erection of a detached building to provide garaging and garden store Site Address : Homefield Cottage Barrule Road Foxdale Isle of Man IM4 3ES
Presenting Officer : Miss Lucy Kinrade
Addendum to the Officer’s Report
The view was expressed that it would be unfortunate if the site were to become commercial in any way, or a centre for off road vehicles, other than the applicant's, being maintained. Condition 2 was modified and unanimously agreed by the Committee to be acceptable.
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C2 The garage hereby approved shall not be used for commercial use and only for private use by the occupants of Homefield Cottage as defined within the red line in the application drawings, and only for the storage and maintenance of motor vehicles and garden machinery associated with Homefield Cottage.
Reason: To safeguard the residential character of the dwelling and highway safety of the area.
Conditions of Approval
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. The garage hereby approved shall not be used for commercial use and only for private use by the occupants of Homefield Cottage as defined within the red line in the application drawings, and only for the storage and maintenance of motor vehicles and garden machinery associated with Homefield Cottage.
Reason: To safeguard the residential character of the dwelling and highway safety of the area.
C 3.All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
N 1. The applicant is encouraged to try to reduce the level of the building as far as is practicable and it would be considered that a reduction of up to 500mm would not materially affect the impact of the development and would not require a further planning application.
Plans/Drawings/Information
This approval relates to drawing numbers 1, 02, 3, 4 and 5 and associated photographs date stamped and received 21/07/2017.
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