Loading document...
==== PAGE 1 ====
19/01327/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/01327/B Applicant : Mr Peter & Mrs Catherine Clucas Proposal : Erection of detached building to provide additional accommodation ancillary to existing property Site Address : Dhoor House Andreas Road Dhoor Ramsey Isle Of Man IM7 4ED
Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.03.2020 __
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 ancillary accommodation with the building hereby approved may be used only in association with the main dwelling house "Dhoor House" and for purposes incidental to the use of main dwelling house "Dhoor House" as a single dwelling, for no commercial purpose and only in accordance with the internal layout shown on plan 03 REV B received on the 2nd March 2020.
Reason: The dwelling is within a single residential plot in an area not designated for development/additional housing. The application does not propose to create separate units of accommodation within the site and the application has been judged on the basis of the unit being used as ancillary/incidental accommodation and not as a separate dwelling.
C 3. The building hereby approved shall be painted/finished in a dark brown (including timber having a natural finish or stained) or dark green colour and retained thereafter.
Reason: in the interest of the visual appearance of the area.
==== PAGE 2 ====
19/01327/B Page 2 of 5
This application has been recommended for approval for the following reason. Overall it is concluded that the planning application accords with the provisions set out in EP1 of the Isle of Man Strategic Plan 2016 and as such the planning application is recommended for approval.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers;
01 REV A 02 REV A
received on 5th December 2019
03 REV B
received on 2nd March 2020
__
Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLCAITION IS BEFOR ETHE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE APPLICATION SITE 1.1 The application site is the residential curtilage of an existing dwelling known as Dhoor House, Dhoor Lane, located to the east of Ramsey Road as it travels north out of the town; the site is irregularly shaped and for some considerable length bounds a public highway, albeit that views of the site itself are only readily available from the S-bend on Dhoor Lane.
1.2 The dwelling is neatly proportioned to its front elevation, and has a complimentary pair of single storey side extensions (recent approval for a first floor extension above one of the wings), but a number of historic alterations and extensions mean it could not be considered to represent traditional Manx vernacular. It is fairly well-screened from the highway by mature trees and hedging, which also characterise the settlement of Dhoor to a quite significant degree. The dwelling has a detached garage to the rear that is only visible through the hedging. To the north(rear) of the dwelling is the rear garden, which includes a fenced off section which includes a detached outbuilding (goat shed) and greenhouse. The boundaries of the rear garden are made up of mature landscaping/trees, including the eastern boundary which runs parallel with the Dhoor Lane to the east.
2.0 THE PROPOSAL 2.1 The application seeks approval for erection of detached building to provide additional accommodation ancillary to existing property. The building would have a width of 11m, a depth of 5m and a height of 3m, finished in Siberian Larch vertical boarding and a dark grey fibre glass roof finish. The building would accommodate a home office, toilet and leisure area (home gym). The building would sit on the footprint of the existing goat shed building (which is larger) which would be demolished.
3.0 PLANNING HISTORY
==== PAGE 3 ====
19/01327/B Page 3 of 5
3.1 Although the site has been the subject of several applications, only the following are considered relevant in the determination of this application:
3.2 Demolition of existing flat roof garage and erection of a replacement garage with living accommodation over and link - 15/00639/B - APPROVED
3.3 Alterations, extension and erection of a chimney stack - 08/00448/B - APPROVED
3.4 Alterations and erection of first floor extension - 19/01253/B - APPROVED
4.0 PLANNING POLICY 4.1 The application site is within an area recognised as being an area of 'woodland' not zoned for development under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, nor is the site within an area zoned as High Landscape or Coastal Value and Scenic Significance.
4.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:-
4.3 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."
4.4 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."
4.5 Environment Policy 3 states: "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."
5.0 REPRESENTATIONS 5.1 Lezayre Parish Commissioners have no objection (received on 10.01.2020).
5.2 Highway Services do not objection (18.12.2019).
6.0 ASSESSMENT
==== PAGE 4 ====
19/01327/B Page 4 of 5
6.1 The key issues to considerer in the assessment of this planning application are firstly the principle if the use of the ancillary accommodation and secondary the potential visual impact of the development upon the landscape and individual dwelling.
Principle if the use of the ancillary accommodation 6.2 The applicants agent has advised that the purpose of the building and the reasoning for the ancillary accommodation is as follows:
"1 .My client was particularly keen to be able to shower within the leisure building as it is going to be used as a family gym and the other side will be used daily as a home office but if wc and wash basin is still ok and the shower causes concern then it can be omitted (following amended plans the shower has been removed).
The goat shed is 65.4m2 and the proposed building is 60m2 (following amended plans the building is now 52sqm) a reduction of the overall footprint of 5.4m2 . If reduced the building will not fit the requirements for use, as the leisure/gym side needs to accommodate 6 family members.
the sighting of the building was chosen to replace the unused and dilapidating goat sheds. sole purpose to provide a home office and leisure building area for the whole family to use .
4 The conditions regarding non commercial usage is reasonable."
6.3 There can be issues of such accommodation can cause concern that the unit could potentially be used as a self-contained unit, totally independent from the main house for any provisions and could not be considered to be ancillary accommodation as proposed. If a building, or part of a building, contains sufficient facilities to be used in a self-contained manner then they are generally considered to be a separate planning unit, whether or not they are occupied by a relative of occupants of the primary property, or used by guests.
6.4 There is some case law that has accepted fully self-contained accommodation as being ancillary to the principal residence, i.e. when they have been occupied by a dependant relative or disabled child, or even a servant, and certainly who pays the bills is a factor. However, in most cases the test of whether it is a separate planning unit rests upon its severability. i.e. if the alleged ancillary use could practically and viably operate on its own were the primary use of the premises cease or cease to be in the ownership of the same person.
6.5 There is some comfort that the building would be used in associated with the main dwelling house (Dhoor House), which include the unit would utilise the same access/driveway and parking area as the main dwelling house and it proximity to the main dwelling house adjacent to gardens would potentially lead to conflicts if occupied by separate parties/families. The applicants have clear indicated what they propose to utilise the unit for and it would seem a reasonable request, without resulting in a separate dwelling. Accordingly, with appropriate conditions in place it is considered the proposal from this respect is acceptable.
Potential visual impact of the development upon the landscape and individual dwelling 6.6 As outline in Environment Policy 1 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. It is noted that the existing dilapidated goat shed has a negative visual impact upon the area, albeit the boundary landscaping does screen large sections, even during winter periods where foliage is not present. During summer periods the shed would likely be significant screened. Accordingly, the new smaller building now proposed would represent a visual improvements over the current situation and the existing landscaping would also limit the visual appearance of the building. Overall the proposal would comply with EP1.
==== PAGE 5 ====
19/01327/B Page 5 of 5
Other Matters 6.7 Forestry (DEFA) have been notified of the application and have raised no comment. The proposal would be set away a reason distance from the boundary trees around the site. Accordingly, it is considered the impact on trees would be avoided.
7.0 CONCLUSION 7.1 Overall it is concluded that the planning application accords with the provisions set out in EP1 of the Isle of Man Strategic Plan 2016 and as such the planning application is recommended for 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: 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:...05.05.2020
Signed :...S BUTLER... 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
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Copyright in submitted documents remains with their authors. Request removal