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                                      18/01103/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/01103/B Applicant : Mr Guy & Mrs Anna Templer Proposal : Erection of a detached building to provide a studio Site Address : Mullinaragher House Rheast Road Santon Isle Of Man IM4 2HR

Principal Planner: Miss S E Corlett Photo Taken : 13.11.2018 Site Visit : 13.11.2018 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 26.11.2018 __

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 studio may only be used as accommodation incidental to the enjoyment of Mullinaragher House as defined in the plan reference 195/001 received on 22nd October, 2018.

Reason: the site is not designated for development and to control the unauthorised spread of unwarranted residential development in the countryside.

C 3. Prior to any building or excavation or the bringing of any material onto site, the tree protection measures as shown in drawing 195/001 must be put in place and retained as such throughout the development.

Reason: To protect the surrounding trees which form a backdrop to the site and some of which screen the building from the surrounding land.

Plans/Drawings/Information;

This approval relates to drawings 195/001 and 195/020 both received on 22nd October, 2018.

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Interested Person Status - Additional Persons

None __

Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN AND YET IS RECOMMENDED FOR APPROVAL.

THE SITE 1.1 The site is the curtilage of Mullinaragher House which sits on the southern side of Rheast Road which links the Clannagh Road with the Mullinaragher Road. This part of Rheast Road accommodates three dwellings - Mullinaragher House being the westernmost, with Springside and Ballacorrin to the east. There are other dwellings to the north on Clannagh Road.

1.2 The site accommodates a dwelling, Mullinaragher House, together with a substantial landscaped garden including a pond. This extends to 180m in length. The upper (northern) part of the site is lawned and planted with the lower, southern area more natural and unmanaged. There is significant vegetation including trees between the property and the Clannagh and Castletown Roads.

THE PROPOSAL 2.1 Proposed is the erection of a studio with decking in front to the east of the pond. The studio will have a footprint of 4.5m by 6.5m with a large internal space with storage at one end. The building is a timber clad box with a flat roof and windows/bifold doors in two elevations. The structure is raised off ground level by 100mm with the decking raised up to 0.5m off ground level. The building will be constructed on an existing concrete slab.

2.2 The building is to be used as an artist's studio by the owner of the house.

2.3 The applicant's agent explains that there are trees within 15m of the site and dense gorse. The scheme proposes the removal of two trees whose details are not provided and fencing to protect those others to be retained close by.

PLANNING POLICY 3.1 The site lies within an area designated on The Isle of Man Planning Scheme (Development Plan) Order 1982 as not for a particular purpose and outside the area of High Landscape Value and Scenic Significance to the south east. On the draft Area Plan for the East, 2018, the site lies within an area of Incised Slopes where the following Landscape Strategy is recommended:

"Conserve and enhance a) the character, quality and distinctiveness of the area, with its wooded valley bottoms and wooded horizons b) its scattered settlement pattern c) its Victorian garden and the railway.

Key Views Open and expansive views from the higher areas along the rugged coast in the east and inland towards the upland areas over Braaid. Incinerator chimney forms a notable landmark in the immediate area. Glimpsed views framed by vegetation in the valley bottoms and along the main roads where they follow the wooded valley bottoms. Views in the northern part of the area up to the Transmitting Masts on top of Douglas Head hill top.

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                                      18/01103/B                                     Page  3  of  4

Views from Isle of Man Steam Railway."

3.2 Landscape Proposal 7 In cases where new development is proposed, applications must demonstrate that it can be suitably integrated into the surrounding landscape setting through reasonable mitigation measures and considering siting, colours, materials, finishes and the general scale.

PLANNING HISTORY 4.1 The dwelling was approved through the conversion of an existing building on the site, in connection with a flower growing business on the site, under 86/01011/A and 87/01510/B. There then followed alterations and extensions - 93/01575/B and 15/00662/B. Landscaping was approved under 93/01374/B. Two attempts were made to remove the agricultural worker's occupancy condition - 92/00826/C and 96/00349/C and the matter was finally resolved through the issue of a Certificate of Lawfulness of Use - 06/00958/LAW for the occupation of the property as a private dwelling.

4.2 The final application for Lawfulness of use of the property discussed the large site and referred to it as a house and garden and the notice states: The submitted application, reference PA 06/00958/LAW contains evidence sufficient to demonstrate that Mullinaragher House and the associated curtilage as defined in black on plan reference MB3 received on 26th May, 2006 have been used as a private residential property and associated garden and other than by an agricultural worker or for horticultural purposes for a period in excess of twelve years prior to the period up to 8th June, 2006.

REPRESENTATIONS 5.1 Santon Parish Commissioners have no objection to the application provided that the use of the building is tied to the dwelling and is not capable or future separate ownership and they query the nature of the substrate or strengthening frame construction material of the building (01.11.18).

ASSESSMENT 6.1 The proposed building will not be visible from any public place, being screened from view by existing trees and shrubs. As the facility is to be used by the owners, it is little different from a garden shed although larger (just under 30 sq m) and given its location without path or drive connection to the main house or road, it is unlikely that it could be used other than in association with the main house.

6.2 The structural concerns of the Commissioners are not planning matters but the structure is to be placed on an existing concrete pad.

CONCLUSION 7.1 The proposal is considered to be acceptable, subject to a condition which restricts the use to incidental to the enjoyment of Mullinaragher House as defined in the plan reference 195/001 received on 22nd October, 2018 and the protection of the trees as shown in that drawing.

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.

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8.2 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.

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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:...10.12.2018

Signed :...S CORLETT... Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

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