17 February 2020 · Delegated - Head of Development Management (Stephen Butler)
Sandygate House, Clenagh Road, Sandygate, Ramsey, Isle Of Man, IM7 3af
The proposal involves adding a 6m wide by 5m deep by 3.9m high extension to the southwest elevation of an existing 7m square by 5m high detached garage, matching the pitched roof with skylights and similar window and door styles.
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The officer assessed the proposal against GP2 of the Isle of Man Strategic Plan 2016, finding it compliant as the small-scale extension respects the site and surroundings in terms of siting, scale, fo…
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design, not adversely affect landscape/townscape character or local residents' amenity. Officer assessed the rear extension's matching design, lack of public view, and no amenity harm as compliant, overcoming non-zoned location due to minor scale.
General Policy 3
Prohibits development outside zoned areas. Site is unzoned for residential; however, small scale and no adverse impacts allowed GP2 exception.
Environment Policy 3
Protects woodland from unacceptable loss/damage. DEFA FALD confirmed unlikely impact on trees; no evidence of harm.
Type A: Uplands
Addresses single-storey extension impacts like loss of light/overbearing effect based on neighbour positioning/size. Detached houses and separation distances mean little concern for light or overbearing impact.
Residential Design Guidance 7.2.1
Considers neighbour impacts: light/overshadowing, overbearing outlook, privacy loss. Plenty of distance prevents privacy loss; no light/overbearing issues due to separation.
Time limit
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.
Ancillary use restriction
The detached garage hereby approved may be used only in association with the main dwelling house "Sandygate House" and for purposes incidental to the use of main dwelling house "Sandygate House" as a single dwelling, for no commercial purposes and only in accordance with the internal layout shown on plan 101 received on the 17th December 2019 and retained thereafter. Reason: The dwelling is within a single residential plot within an area of similar developments. The application does not propose to create separate units of accommodation within the site and has not been considered as such.
no objection
do not oppose this application
impact on surrounding trees is unlikely
Three consultees responded with no objections (Highways, Arboricultural Officer, Jurby Parish Commissioners), while a neighbouring resident strongly objected citing boundary disputes, drainage issues, and concerns over future unauthorised living accommodation.
Key concern: inaccurate boundary line and drainage issues causing flooding and sewerage smell on neighbour's land
Department of Infrastructure (DOI) Highways Division
No ObjectionDo not oppose; DNO on 06.01.2020
Charles Harrison, Assistant Arboricultural Officer, Forestry, Amenity and Lands Directorate, Department of Environment, Food and Agriculture
No ObjectionThe trees marked on proposed site plan (drawing 002) are in generally in good condition and small in size, for this reason the proposed development is unlikely to have an impact on them.; The department does not have any objections to this proposal.
Jurby Parish Commissioners
No ObjectionJurby Parish Commissioners have now considered the above proposed development, and have no objections thereto.
Langford (neighbouring resident)
ObjectionThe boundary line as shown on the site plan is not accurate as it somewhat differs from our own REGISTERED SITE PLANS; By calling this a storage area was in fact the same wording used to obtain the existing two storey garage. This upper level in turn has now become living accommodation contrary to the outcome of conditions; we already have an ongoing issue regarding the drainage... waste water seeping from the foul water system; Should you grant this proposal it will only perpetuate the situation.
Original application 19/01401/B for erection of extension to existing detached garage for storage was permitted by officer on 17/02/2020. Neighbour from Langford appealed citing history of 'development by stealth' to create second dwelling contrary to past refusals/appeals, drainage/flooding issues, boundary disputes, and policy conflict. Inspector held public inquiry on 20/08/2020 with site visit, found proposal contrary to GP3/EP1 as it would enable future independent dwelling use undetectable by enforcement, dismissed drainage/amenity concerns as outside planning scope, and recommended refusal. Outcome pending Minister's decision on report dated 10/09/2020.
Precedent Value
Reinforces strict GP3 in countryside even for backland garage extensions if risk of enabling separate dwelling; future apps must demonstrate no 'swap use' potential; history weighs heavily.
Inspector: Michael Hurley BA DipTP
