27 November 2018 · Planning Committee
The Rule, Main Road, Sulby, Isle Of Man, IM7 2hr
The application sought retrospective approval to convert the storage space above an existing garage into ancillary living accommodation including two bedrooms, a bathroom, and a kitchen/living area, with an approximate floor area of 91.18m², located within the curtilage of the main dwelling at The Rule on Main Road, Su…
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The officer assessed whether the conversion would create a new dwelling or remain ancillary, applying tests of severability (whether it could operate independently if the main dwelling ceased) and env…
Strategic Policy 2 - Priority for new development to identified towns and villages
Requires development primarily in towns/villages; exceptions apply for countryside conversions. Officer assessed ancillary use as not constituting new residential development.
Strategic Policy 10
Promotes integrated transport minimising car journeys. Site remoteness and rural access accepted due to ancillary scale not increasing traffic significantly.
Spatial Policy 5
Development in towns/villages; countryside exceptions. Linked to Housing Policy 4 for residential.
General Policy 3
Restricts countryside development to exceptions like redundant rural building conversions of architectural/historic/social value. Building not qualifying but ancillary change accepted as not new dwelling.
Environment Policy 2
Protects AHLV character unless no harm. No external changes or domestic impacts found.
Environment Policy 16
Permits rural building reuse if redundant, intact, preserves interest, no traffic harm, no dispersal. Tourist use removed; ancillary residential considered with Housing Policy 11.
Housing Policy 4
Countryside residential only in exceptional cases. Ancillary use exception applied.
Housing Policy 11
Rural building conversions to dwellings if redundant and of interest. Linked to Business Policy 12; ancillary not full dwelling.
Business Policy 11
Relevant to rural business but not detailed.
Business Policy 12
Tourist conversions per Housing Policy 11/ENV16; applicant removed tourist use.
Business Policy 14
Rural tourism if compliant; tourist use removed.
Environment Policy 1
Protects countryside from inappropriate development. No harm found.
No new enclosures
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 new fences, gates, walls or other means of enclosure shall be erected or placed around the garage block or between the application site and the main dwelling. Reason: To control development in the interests of the amenities of the surrounding area and avoid separation of the building from the main dwelling area.
Ancillary use only
The garage block and accommodation above, hereby approved, shall only be used in association with the main dwelling house and shall not be occupied at any time, other than for purposes either incidental to the residential use of the dwelling at 'The Rule' or as accommodation ancillary to the main dwelling. At no time shall the building or the accommodation be occupied as an independent dwelling. Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the planning unit.
requested deferral for revised site plan showing parking and turning; noted existing access track approx 4.5m wide sufficient for two cars to pass
Highway Services requested deferral due to insufficient parking and unclear plans; Lezayre Parish Commissioners refused due to breach of original storage condition and creation of unauthorised countryside accommodation.
Key concern: breach of original 1999 approval condition restricting garage to storage only
Highway Services Division
ObjectionA total of 4 spaces are therefore needed on the site, 2 for the existing dwelling and 2 for the new living/tourist accommodation.; A revised site plan is therefore needed to show if there is adequate on-site parking and turning space available for both dwellings.; The applicant therefore needs to submit amended scale plans... to show the existing and proposed site access arrangements.; Highway Services request that the application is deferred to allow the applicant to consider the above.; Recommendation: DEFER
Lezayre Parish Commissioners
Objection**Refused 4 -1 Majority**; the original approval for the garage was granted under 99/02114/B, with condition 2 on the approval stating "the building must be used for storage purposes only; no approval is granted to the use of the building as living accommodation".; They knew this condition existed and should not have converted the storage above the garage to accommodation, without first seeking permission.; They have created further residential accommodation in the countryside by default.
