Officer Report

Application No.: 18/00456/B Applicant: Mr Paul Mellor Proposal: Erection of detached storage building and summerhouse (retrospective) Site Address: Modena House Ballanard Road Douglas Isle Of Man IM2 5PP Planning Officer: Mr Owen Gore Site Visit: 10.07.2018 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 27.07.2018 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. All external facing and roofing materials shall remain as shown on the plans and specified within the list of external finishes on the submitted Drawing No.01 - Planning application, datestamped as having been received 01 May 2018. No new types of materials shall be added to the external elevations of the development, hereby approved.

Reason: In the interests of the character and appearance of the site and surrounding area in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• C 2. The summerhouse, hereby approved, shall not be occupied at any time other than for purposes incidental to the residential use of the existing dwelling on the application site otherwise known as Modena House and shall not be occupied as an independent dwelling unit.

Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage, in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• C 3. The internal layout shall remain as shown on the submitted Drawing No.01 - Planning application, date-stamped as having been received 01 May 2018. No kitchen or bathroom facilities shall be installed in the building and no internal walls shall be erected to subdivide the internal space of the building.

Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage, in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This planning permission relates to the following plans and documents: Drawing No.01 - Planning application (Plan Layout, Elevations, Site Plan, Location Plan and Photographs) Date-stamped as having been received 01 May 2018 _______________________________________________________________

Interested Person Status – Additional Persons

It is recommended that the following persons should not be given Interested Person Status on the basis that although they have made written submissions, 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):

Owner/occupier of Corleaa, Ballanard Road, Douglas, Isle Of Man, IM2 5PR.

They have not satisfied the requirements of the Department's Operational Policy on Interested Person Status July 2018, as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________

Officer’s Report SITE

1.1 The application site is one of two properties accessed off of a private road, from Ballanard Road; both properties, the application site and Cloaie House, are large properties on spacious plots. The property is a large two storey dwelling, orientated so that the area west of the dwelling is used as the rear garden/amenity space and is bounded to the west by Ballanard Road. PROPOSAL - 2.1 The proposal is for retrospective permission for the erection of detached storage building and summerhouse, which sits on a raised decking area. The summerhouse sits on the boundary with the Ballanard Road in the north west corner of the site.

PLANNING POLICY Local Area Plan - Douglas Local Plan 1998 Site Designation - 'Predominantly Residential'

The following policies are particularly relevant to this proposal:Isle of Man Strategic Plan 2016 General Policy 2 (GP2) - Development within land-use zones; and paragraph 8.12.1. PLANNING HISTORY The previous planning applications are not considered to be specifically material in the assessment of the current application. REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

Douglas Borough Council

• o No Objection (dated 01 June 2018) Department of Infrastructure (DOI) Highways Division
• o NHI - No highways interest (dated 04 June 2018)

Objection received from neighbour at Corleaa, Ballanard Road The principal planning points made are as follows:

• o Proposal is retrospective; the applicant should have known that it would require planning permission. The application should be considered afresh.
• o Overdevelopment of the residential property and inappropriate for this area.
• o Building is overly large and ugly when viewed from Ballanard Road, which is on a lower ground level.
• o Siting is illogical in site context. Summerhouse is likely to lead to further proposals to extend and change of use into a dwelling.

ASSESSMENT Character and appearance

3.1 The summerhouse is a reasonably large building that is 8m by 3.6m. Due to its location on the boundary it can be seen from Ballanard Road though a line of deciduous trees; the building is also on a higher ground level to the highway.

3.2 In the context of the large site and the size of the dwelling it is considered to be within keeping and does not constitute overdevelopment of the residential property. Although the building is higher than the street level, it is set away from the edge of the highway by approx. 10m and appearance is softened by the timber cladding. Relative to the length of the site boundary shared with the highway, the proposal has a limited impact of the character of the streetscene that would not warrant refusal in its own right. - 3.3 The siting is regrettable, being so close to the boundary with the highway; however it is understood as the property doesn't have logical, front and rear amenity spaces as most domestic properties have. Due to the orientation of the application property and Cloaie House, there is no clear, established building line. - 3.4 The proposal therefore would not unacceptably harm the characteristics of the existing building or the character of its surroundings. In this respect, the proposal complies with GP2. Impact on neighbours - 3.5 The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents. In this respect, the proposal complies with GP2. Parking and highway safety - 3.6 The proposal will not increase the number of bed spaces or reduce the amount of parking provision available on site. Other matters - 3.7 The objection raises the concern that the proposal is retrospective and the applicant should have known that it would require planning permission. They have stated that application should therefore be considered afresh. The application has been submitted as a result of an enforcement complaint, but applicant cannot be not penalised for this as it is intended to regularise the development in planning terms. The proposal is assessed on its own merits in accordance with the development plan regardless of the retrospective nature of the proposal. - 3.8 The objection also states that that the Summerhouse is likely to lead to further proposals to extend and change of use into a dwelling. As above, the proposal is assessed on its own

merits, in accordance with the development plan and whilst conditions will be included to control the use, any future application would also need to be considered on their own merits.

CONCLUSION

4.1 The proposal is considered acceptable in accordance with the designation within the Local Area Plan and the appropriate policies within the Isle of Man Strategic Plan 2016. INTERESTED PERSON STATUS - 5.1 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. 5.2 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 6(4) 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.

Decision Made : Permitted Date: 05.08.2018 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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