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18/00037/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00037/B Applicant : Mr & Mrs Andrew Qualtrough Proposal : Erection of two single storey extensions to existing dwelling Site Address : Cronk Mooar Andreas Road Aust Ramsey Isle of Man IM7 4EF
Principal Planner: Mr Chris Balmer Photo Taken : 25.01.2018 Site Visit : 25.01.2018 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.07.2018 __
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. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway.
Reason: To control development in the interests of the amenities of the surrounding area and to ensure proper control of the development and to avoid any future undesirable fragmentation of the dwelling/curtilage.
C 3. The additional accommodation (conversion of existing garage & northwest extension) hereby approved shall not be occupied at any time other than for purposes incidental to the residential use of the main dwelling house Cronk Mooar; and shall not be occupied as an independent dwelling unit or for any commercial uses.
Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the dwelling/curtilage.
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C 4. Prior to the occupation of the additional accommodation (conversion of existing garage & northwest extension) the ground floor internal door from the new living room through the northwest gable wall of the main dwelling house as shown on drawing SM17/432/3 REV B, is required to be completed and retained as an internal access way thereafter.
Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the dwelling/curtilage and the application has been considered acceptable on the basis of this doorway being undertaken and retained. Failure to do so will invalidate the planning approval hereby given.
C 5. The internal layout of the additional accommodation (conversion of existing garage & northwest extension) as shown on drawing SM17/432/3 REV B, is required to be completed and retained as such.
Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the dwelling/curtilage and the application has been considered acceptable on the basis of this doorway being undertaken and retained. Failure to do so will invalidate the planning approval hereby given.
C 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
Plans/Drawings/Information:
This approval relates to the submitted documents and drawings reference numbers SM17/432/2, SM17/432/3 REV B received on 12th January 2018 and 2nd July 2018.
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Interested Person Status - Additional Persons
It is recommended that the following persons should not be given Interested Person Status as they are not 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 6(4):
The owner/occupier of Dhoor Bridge House, Andreas Road, Dhoor, Ramsey - due to distance form site and as the matters raised (construction traffic) is not a material planning matter. __
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE APPLICATION COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE SITE 1.1 The site is the curtilage of Cronk Mooar, Andreas Road which is a two storey detached traditional Manx farmhouse within five upper windows over a central doorway which is flanked either side by two windows. To the western gable elevation is an attached double garage and to the eastern elevation is a single storey aspect.
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1.2 Access to the site is via a private lane which runs from the Andreas Road in a southerly direction for approximately 140m to the driveway fronting the property. The private lane also runs through a farm yard and in between agricultural buildings (not within applicant's ownership) to gain access/egress to the site.
2.0 THE PROPOSAL 2.1 The application seeks approval for the erection of two single storey extensions to the existing dwelling. The smaller of the two extensions is a single storey extension to the eastern elevation, located behind the existing single storey aspect, which would have a width of 4.4m, a depth of 5.8m and a height of 4.6m. This would provide a living room extension for the main dwelling house.
2.2 The larger of the two extensions is proposed to be attached to the western elevation of the existing attached double garage. The proposal would include the conversion of the existing garage with an attached extension which would have a width of 4.4m, a depth of 6.7m and a height of 5.7m. In terms of accommodation created by the conversion of the garage and the larger extension, it would include: two bedrooms, two bathrooms, utility room and living room. The accommodation would be linked into the main dwelling house. The other access to the extension would be via the rear patio doors only. Externally, the additional living accommodation would have access to a shared patio.
3.0 PLANNING HISTORY 3.1 The principle and reserved matters for the dwelling were approved in 2002 (01/02440/A) and 2003 (02/02584/REM) and the property was approved as an agricultural worker's dwelling. This approval allowed for a second dwelling at Cronk Aust farm, which was owned and run by the then applicant's parents who were to retire and did not wish to leave the current farm house. The condition on both decision notices states; 'The subsequent occupation of the dwelling by any person(s) other than Mr A Qualtrough or his immediate dependents is limited to those employed in or last employed and retired from full-time agricultural work'.
3.2 Last year a planning application (17/00033/B) was approved for the variation of conditions 4, 5 of 01/02440/A and 4 of 02/02584/REM to remove personal and agricultural occupancy conditions to the dwelling.
4.0 PLANNING POLICY 4.1 The application site is within an area to which the Isle of Man Development Plan Order 1982 still applies. The application site is not designated for development within the 1982 Order. The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:
4.2 Strategic Policy 2 states: "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."
4.3 Strategic Policy 5 requires all new development, including individual buildings, to be designed so as to make a positive contribution to the environment of the Island.
4.4 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement"
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4.5 Spatial Policy 4 states: "In the remaining villages development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities. These villages are ... Ballaugh ... Area Plans will define the development boundaries of such settlements so as to maintain their existing character.
4.6 Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3".
4.7 General Policy 3 states: "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."
4.8 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."
4.9 Housing Policy 4 states: "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."
4.10 Housing Policy 15 states: "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)."
4.11 Transport Policy 4 states: The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and
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pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.
4.12 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
The current standards are set out in Appendix 7."
5.0 REPRESENTATIONS 5.1 DoI Highway Services do not oppose. 10.02.2017.
5.2 Lezayre Commissioners have objected as the property was built for agricultural purposes and should continue as such. 13.02.2017.
5.3 The owner/occupier of Dhoor Bridge House, Andreas Road, Dhoor, Ramsey who comment they have no objection to the proposal (23.01.2018 & 12.07.2018); however, seek that a condition be attached to ensure building materials and workers be through the existing main access to the property in question and that this will remain the permanent access to the site in the future; concern so works been undertaken to existing field gate within applicants ownership and concerns of this filed gate being altered to allow larger agricultural vehicle's due to significant highway safety concerns; and no objection to extension.
6.0 ASSESSMENT 6.1 There are considered to be two main aspects to consider. First is whether the extensions proposed to the existing dwelling are appropriate and second the use of the extensions, particularly in regard to the western extension and conversion of the existing garage.
6.2 In terms of the physical extensions it is considered the principle of the siting, scale, massing, form and size (29% increase) of the extensions would be acceptable, complying with Housing Policy 15.
6.3 However, the concerns with this application relate to the use and also the overall appearance of the western extension and conversion of the existing garage and the level and type of accommodation provided. The submitted application forms indicate that this accommodation would be for 'ancillary living accommodation'.
6.4 Ancillary in planning terms means that the said building is used by and for the people of the main property, in a secondary manner and the whole planning unit (including the additional building) remains as a single unit of accommodation. It is not considered you could have an entirely independent property 'ancillary' to another.
6.5 Further, how it is used is needs to be considered. It is neither here nor there if someone owns the additional accommodation on the farm, in the garden and so on, what matters is whether they live separately (i.e. come and go, watch telly, eat, have different visitors etc) . If they do, then it is a separate dwelling. This also applies to relatives - even if it is someone's grandmother, or son/daughter, if they live separately, then it is a separate household.
6.6 Further, attaching a condition that the unit can be only used as ancillary accommodation could be breached of the very first day of occupation, if the level of accommodation is not ancillary in the first place.
6.7 The initially scheme raised significant concerns, that essential the level, of accommodation proposed would be tantamount to the creation of a new dwelling in the countryside and also not being in a sustainable location against the aims of the IOMSP. There
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was also initial concern with the design/conversion which results in the appearance of a new dwelling, attached to the existing dwelling, (particularly given the front entrance/porch which gave a clear appearance of two dwellings attached to each other).
6.8 Concerns were relayed to the applicant and their agent, and a subsequent meeting took place. During this meeting the applicant indicated that he wished to use the extension as a tourist unit, to enable diversification of the farm. The Officer of the Department raised concern of such a proposal, given planning policies for tourist accommodation/new dwelling are essential identical and as the proposal would fail the requirements of Housing Policy 11 in that the existing modern garage would fail to meet the requirements of being of architectural, social or historical interest.
6.8 Following this meeting and after further discussions with the applicant's agent, the applicant has reduced the size of the proposed extensions and alter the layout. The agent has also indicated the following in support of the new scheme: "You did express some reservations regarding the size of the unit in your email correspondence dated 16th April 2018 but the revised and reduced scheme would now be physically linked into the main dwelling. If you have other concerns regarding this extension to the main dwelling, perhaps we may be able to address those within an amended scheme. We think the two Bedrooms would be important, especially if one of the occupants was ill and needed separate accommodation or, if a long term carer had to be present, there would be a Bedroom with Bathroom facilities for that person. The capability of providing accommodation for family members is probably encouraged by the appropriate Government Departments as it will ease the burden on residential or care homes which are now in short supply. The problem is likely to become worse with our aging population, although, we do realise that care-at-home will normally be provided by the families living there and not long-term carers."
6.9 There is more comfort with the size of the extension, design and layout, which certainly would appear as an extension to the existing property, rather than a new self-contained dwelling as the original scheme appeared as. The sole remaining issue is the use of the new accommodation. Again the reducing in the level of accommodation, the removal of the kitchen, removal of the front door and having an internal link from the new living room into the main dwelling house all again given comfort that the proposal as shown could be used as living accommodation in association to the main dwelling as a single dwelling; however, it is still a sizeable space. The applicant or any future owners should note that using the accommodation for other uses other than ancillary/as part of the main dwelling house, would be a breach of planning approval and this would be a criminal offence. Accordingly, with appropriately worded conditions attached, it is consider the proposal is acceptable.
7.0 CONCLUSIONS 7.1 For these reasons the proposal is considered to contrary with the relevant polices of the Strategic Plan and therefore recommended for an approval.
8.0 INTERESTED PERSON STATUS 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 decision maker must determine:
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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: 30.07.2018
Signed : C Balmer Presenting Officer
Further to the decision of the Committee an additional report was required
YES/NO
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