Officers Report Planning Application 11/00893/B

Part 1 The Case Officer's Report

This report was considered by the Planning Committee when determining the planning application on 10th November 2011.

Officer's Report

Application No.:	11/00893/B
Applicant:	Mr Mike Priest
Proposal:	Erection of a replacement building to create garage and store and erection of detached building to provide two tourist accommodation units
Site Address:	Lilybank Kionslieu Hill Foxdale Isle Of Man IM4 3HB
Case Officer:	Mrs Jade Craig
Photo Taken:	02.08.2011
Site Visit:	02.08.2011
Expected Decision Level:	Planning Committee

THIS APPLICATION IS RECOMMENDED FOR CONSIDERATION BY THE PLANNING COMMITTEE RATHER THAN UNDER DELEGATED POWERS, BECAUSE THE APPLICATION SITE IS OWNED BY A RELATIVE OF AN EMPLOYEE OF THE PLANNING AND BUILDING CONTROL DIVISION.

The Site

1. The application site represents the residential curtilage of an existing detached dwelling; Lilybank, Kionslieu Hill, Foxdale.
2. The site is accessed from the eastern side of Kionslieu Hill and is set back from the road behind the dwelling known as Thie-Y-Schoill. The existing buildings within the site include the main dwelling house, in addition to stone outbuildings to the north and a shed to the east.
3. The site includes a driveway and extensive tarmacadam parking areas, in addition to a garden area with lawns and trees.

The Proposal

1. Proposed is the erection of a replacement building to create a garage and store and the erection of a detached building to provide two tourist accommodation units. The existing entrance would also be widened.
2. The existing stone outbuilding is partly single storey and partly two storeys. Drawing numbers 01 and 20 show a single storey garage addition to the north-western corner of the stone outbuilding, although when I visited the site on 02.08.11, this garage section was no longer there. The single storey section of the existing outbuilding is 5.45 metres long, 5.15 metres wide, 2.6 metres high to eaves level and 4.6 metres high to the top of the roof pitch. The two storey section of the existing outbuilding is 6.6 metres long, 5.9 metres wide, 4.55 metres high to eaves level and 6.85 metres high to the top of the roof pitch. There is also a small single storey annexe to the east of the outbuilding which measures 1.75 metres by 2.1 metres. I have calculated the floor area of the existing outbuilding (excluding the demolished garage section) as being approximately 110 square metres.
3. It is proposed to replace the existing stone outbuilding with a new garage and garden store, which would be located on almost the same footprint as the existing. The proposed building would be rectangular in floor plan with a pitched roof over. The height of the proposed

building is considered to be a storey and a half tall, due to the upper level being located partly in the roofspace with a reduced ceiling height and only rooflights for windows. The proposed building would measure 12 metres long by 5 metres wide and its height would be 3.8 metres to eaves and 5.2 metres to the top of the roof pitch. I have calculated the floor area of the proposed garage building as being approximately 100 square metres, which is 10 square metres less than the existing or a reduction of 10%. In the upper floor space, only areas with a floor to ceiling height of 1.5 metres or over are included in the calculation, as this is the requirement when measuring floor space in the Housing (Flats) Regulations 1982.

1. The detached building providing the two tourist accommodation units would be located to the north-east of the main house on an area of the garden where there is currently a green shed. The proposed building would be single storey in height and rectangular in plan form with a pitched roof over. The building would measure 13.8 metres long by 8.8 metres wide and would have a floor area of approximately 121 square metres. The external walls would be covered with treated timber cladding and the roof finish would match that of the existing dwelling (which appears to be grey concrete tiles). The windows would be in upvc and double glazed. An existing sycamore tree would be removed in order for the site to accommodate the proposed building.

1. The proposed tourist units both have two bedrooms and an open plan kitchen/living area. A fence would separate the units from the garden of the main house and an existing area of hardstanding would be used for car parking. The parking area of the units would be separate from that of the main house, although they would both share the same access from the road.

1. At the existing entrance there are splayed stone walls and stone piers which are set back from the highway. At the request of the Highways Division, it is proposed to widen the existing entrance to a minimum of 4.1 metres. This would be achieved by demolishing and rebuilding the existing stone pier and part of the wall on the north side of the entrance.

Planning History

1. The following previous planning applications are considered relevant in the assessment and determination of this application:

1. 06/01709/B – Permitted 23.01.07

Alterations and extensions to dwelling to form additional living accommodation.

1. 07/00415/B – Permitted 18.05.07

Alterations and enlarged extension to form additional living accommodation.

Development Plan Policies

1. The application site is located within an area designated as part Predominantly Residential Use and part Private Woodland or Parkland on the Foxdale Local Plan Order 1999. The site is not located within a Conservation Area.

1. The relevant planning policies from the Isle of Man Strategic Plan 2007 are Strategic Policy 8, General Policy 2, Environment Policy 3 and Business Policy 11.

1. Strategic Policy 8:

"Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man-made attractions."

1. General Policy 2:

"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

1. Environment Policy 3:

"Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."

1. Business Policy 11:

"Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted."

1. In addition to the above policies from the Isle of Man Strategic Plan 2007, policy F/P/T/1 from the Foxdale Local Plan Order 1999 is also considered to be relevant. This policy states:

"The Department will continue to encourage the promotion and development of tourism within Foxdale. This may take the form of the conversion of existing redundant buildings where such conversion complies with planning circular 3/89 – Renovation of Buildings in the Countryside. Alternatively the Department may accept the expansion of existing facilities which have shown a positive previous contribution to tourism in the area. However, no approval will be granted to any development which would result in an adverse impact on the countryside whether this be from visual intrusion, the impact of traffic or car parking or inadequate arrangements for the servicing of the development."

CONSULTATIONS

1. The Isle of Man Fire and Rescue Service Division of the Department of Home Affairs recommend refusal of the planning application. This is due to the means of escape of the tourist units being through the lounge. If a fire broke out in the lounge/kitchen, people would

be trapped in the bedrooms. They recommend that the applicant contacts the Fire Safety Department.

1. The Manx Electricity Authority have issued a standard reply note that the applicant should contact the M.E.A. Planning Department in order to discuss the electricity supply for this application.

1. Patrick Parish Commissioners have no objection to the planning application. They had originally objected, due to concerns that the plans were deficient and the proposed tourist accommodation units would be out of keeping with the area and contrary to paragraph 3.44 of the Foxdale Local Plan 1999. After amended plans were submitted and the Commissioners discussed their concerns with the applicant, they have judged that although the finish of the proposed units would not confirm with the requirements of the Foxdale Plan, they would not look out of place where they are to be sited.

1. The Highways Division of the Department of Infrastructure do not oppose this application, as it has no adverse traffic management, parking or road safety implications.

1. The Drainage Division of the Isle of Man Water and Sewerage Authority do not object to the proposal, subject to the conditions that the proposed dwellings must be connected to the public sewer(s) in a manner acceptable to them and that no surface water must be discharged from the proposed development to any foul drainage system(s), so as to comply with their requirements and the Sewerage Act 1999.

1. The Forester for the area from the Forestry Division of DEFA has commented on the planning application after being asked to do so by the case officer. There is a Sycamore tree to be removed and the site includes an area of Registered trees. The Forester states that they do not see a problem with removing this tree, as it is one of the smaller trees on the site and there is adequate tree cover within the surrounding area.

Representations

1. The residents of Rosehill Cottage, Kionslieu Hill, Foxdale object to the planning application. Their property is located south and west of the application site. Their reasons for objection are due to the impact of adding the two tourist accommodation units onto the existing sewerage system. The existing sewer runs from the application site to the objector's property. There is an area between the two properties where the sewer is only 100mm below the surface and this has blocked in the past, causing problems. The objectors are concerned that the additional two tourist units will make this problem worse. A Deed of Easement was granted to the previous owners of Lilybank for the existing dwelling only, not the two tourist units. The objectors suggest removing the sewer from the field and redirecting it to a manhole on their property, further up the hill closer to the application site, as this would avoid the problem area where the land falls away.

Assessment

1. As was stated above, the relevant policies are Strategic Policy 8, General Policy 2, Environment Policy 3 and Business Policy 11 from the Isle of Man Strategic Plan 2007, in addition to policy F/P/T/1 from the Foxdale Local Plan Order 1999.

Strategic Policy 8:

1. This policy gives standards for tourist developments. It states that such proposals will generally be permitted where they reuse existing built fabric, do not adversely affect the environment, agriculture or highways and where they enable enjoyment of the Island's attractions.

1. Paragraph 4.4.5 of the Strategic Plan clarifies that Strategic Policy 8 reflects the general restriction on new development outside of defined zones and should be applied to tourist

proposals in the countryside. In this case, the proposed units would be located within an area designated as Predominantly Residential Use in an existing settlement identified as a Service Village in Spatial Policy 3 of the Strategic Plan. Therefore, any policies reflecting tourist development in the countryside are not applicable. The suitability of the proposed development can be assessed against the provisions of General Policy 2.

General Policy 2:

1. The purpose of this policy is to ensure that the proposed development would have an acceptable impact on the surrounding area in general, neighbouring properties and highways.

1. The proposed garage and store would replace an existing outbuilding. It would have a similar overall size to the existing, but the proposed building would be more modern in appearance. However, as the site is not located within a Conservation Area there are no policies requiring development to preserve the character of the area. The site represents the curtilage of an existing residential dwelling and it is designated as Predominantly Residential Use, so the proposed garage and store is considered to be an acceptable replacement. It would be set back from the highway and not overly dominant within the area.

1. In terms of the impact of the proposed garage and store on neighbouring properties, it is judged that that due to its size, design and siting, there would be no adverse affects on neighbouring properties in terms of loss of light, loss of privacy or being overbearing. As was stated above, the proposed building would replace an existing structure of similar overall size.

1. The proposed tourist accommodation units would result in an increase in traffic to and from the site. As the existing driveway would change from serving a single unit to serving more than one, the Highways Division of the Department of Infrastructure requested that the entrance is altered to a minimum width of 4.1 metres, which has been shown in the amended drawings. The main house has existing garaging and a driveway which would be separate to the tourist units. The parking for the tourist units would be located between the new garage building and the new accommodation.

1. In terms of the impact of the proposed tourist accommodation on the surrounding area in general, the building would be set back from the highway more than the furthest point of the main house, so it would not appear as dominant within the area. Some screening would be provided by the proposed garage and store building to the north-west, but parts of the building would be publicly visible when looking into the site. The rear of the building would be screened by the existing mature trees along the eastern boundary of the site.

1. The land to the east and south of the site has planning permission for the development of 31 dwellings (PA 10/01558/B). These approved plans show that the area of land to the rear of the proposed tourist units would be public open space and that the 31 dwellings would be built on the remainder of the site. The proposed building would have doors on the rear elevation facing towards the approved area of public open space, but it is considered that there would not be an adverse impact as the building would be single storey and there are mature trees along the boundary of the site. The existing properties in the surrounding area are judged to be a sufficient distance from the proposed units, so as not to be adversely affected in terms of loss of light, loss of privacy or being overbearing.

1. The owners of Rosehill Cottage to the south-west of the site have objected to this application due to concerns about the impact of the proposed units on the existing drainage system. Whilst I appreciate the concern of the objectors, it is not a material planning consideration and is a matter which will be dealt with under Building Control.

1. The Isle of Man Fire and Rescue Division of the Department of Home Affairs have recommended that the application is refused, due to concerns about the means of escape of the tourist units being through the lounge. Following the response from the Fire and Rescue

Service, I consulted the Building Control Officer for the area and wrote to the agent. Amended plans were subsequently submitted to show additional means of escape on the rear elevations through one of the bedrooms, although the Planning Authority had not received further comment from the Fire and Rescue Service at the time of writing this report. The Building Control Officer has informed me that the concerns of the Fire and Rescue Service can be addressed through a Building Control application. This would ensure that the windows are an adequate size and can open wide enough to be used as a means of escape.

Environment Policy 3:

1. The site includes an area designated as Private Woodland or Parkland, so the trees are Registered. The proposal includes removing a small sycamore tree in order to make way for the proposed tourist units. As part of my assessment of this planning application, I have visited the site and have consulted the Forester for the area. The Forester and I agree that there should be no problem with the removal of the tree, as it is small and there is adequate tree cover in the surrounding area.

1. Due to the remaining trees on the site being Registered, it is important to ensure that they are protected during building works. Therefore, it will be necessary to condition any approval notice appropriately.

Business Policy 11:

1. This policy requires tourist proposals to meet the sustainable development objectives of the Strategic Plan which protect the countryside. As was stated above in the assessment of Strategic Policy 8, the tourist units proposed in this current application would be located within an existing settlement in an area designated as Predominantly Residential Use, so it is judged that there would be no adverse impacts on the countryside.

Policy F/P/T/1 from the Foxdale Local Plan Order 1999:

1. This policy states that the Department will continue to encourage the promotion and development of tourism within Foxdale, but approval will not be granted to development which adversely impacts on the countryside in terms of visual intrusion, traffic or car parking, or inadequate arrangements for servicing the development.

1. This proposed development would not be located in the countryside, as the site is designated as Predominantly Residential Use and is within an existing settlement. The impact of the development on the surrounding area in general, neighbouring properties and highways have been discussed previously in the assessment of General Policy 2.

Recommendation

1. For the above reasons, this proposal is considered to be acceptable and is recommended for approval, subject to conditions.

1. As there are mature Registered trees within the site, it is important to attach conditions to any approval notice in order to ensure that the trees are protected during works and replaced if any die within 5 years of the development.

Party Status

1. It is considered that the following parties, who submitted comments, should be afforded interested party status:

• Patrick Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status.

• The Forestry Division of DEFA should be afforded party status, as the trees on the site are Registered.

1. It is considered that the following parties, who submitted comments, should not be afforded interested party status:

• The Department of Transport Highways Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
• The Drainage Division of the Isle of Man Water and Sewerage Authority should not be afforded party status as their comments do not involve material planning considerations.
• The Isle of Man Fire and Rescue Service should not be afforded party status as their comments do not involve material planning considerations.
• The Manx Electricity Authority should not be afforded party status as their comments do not involve material planning considerations.
• The residents of Rosehill Cottage, Kionslieu Hill, Foxdale own or reside in a property which does not physically adjoin the application site, so they should not be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 18.10.2011

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the erection of a replacement building to create a garage and store and the erection of a detached building to provide two tourist accommodation units, as shown in drawing numbers 12A and 20 date stamped 30 June 2011, in addition to drawing numbers 01, 13A and 14 date stamped 12 September 2011.

C 3. No development shall commence until a scheme has been submitted to and approved in writing by the Planning Authority to safeguard the existing trees within the site and those trees whose root structure may extend within the site, from damage or injury during construction works. In particular no excavations, site works, trenches or channels shall be cut or pipes or services laid or any other works carried out in such a way as to cause damage or injury to the trees by interference with their root structure and no soil or waste shall be deposited on the land in such a position as to be likely to cause damage or injury to the trees.

C 4. The existing trees shown on the drawing to be retained shall not be cut down, grubbed out, topped, lopped or uprooted without the written consent of the Planning Authority. In the event that any of

the trees referred to should be removed without such consent or should die, become seriously damaged or diseased within a period of 5 years from the completion of the development, they shall be replaced in the next planting season with another of similar species in the same location, unless the Planning Authority has given written consent to any variation.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : ... Committee Meeting Date : ...

Signed : ... Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO