Loading document...
==== PAGE 1 ====
20/00206/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00206/B Applicant : Sarah Wragg Proposal : Erection of cabin within rear garden ancillary to existing dwelling Site Address : Yew Cottage Rencell Hill Laxey Isle Of Man IM4 7BJ
Principal Planner: Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 26.05.2020 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The proposed cabin hereby approved shall not be occupied at any time other than for purposes incidental to the residential use of the main dwelling house "Yew Cottage" and shall only be used in accordance with the internal layout as shown on the amended plan titled "1 of 1" and shall not be occupied, rented or sold off as an independent dwelling.
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 further the use of the unit as a separate dwelling would result in adverse impacts through overlooking upon owners/occupants of Yew Cottage and is only acceptable in this location because of the special circumstances of the applicant.
C 3. 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 fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C 4. The cabin hereby approved shall either be removed and the ground restored to its former condition (grassed) or retained and used for the purposes of a studio/hobby room/sunroom in
==== PAGE 2 ====
20/00206/B Page 2 of 5
associated with the main dwellinghouse, in the event that it is no longer required by the applicant Sarah Wagg within 6 months of the use having ceased.
Reason: The log cabin has been approved solely to meet need of the applicant.
This application has been recommended for approval for the following reason. The proposals if used for the precise purposes set out in the application would comply with the relevant policies of the Isle Of Man Strategic Plan.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers 1 of 1 all received on 21st February 2020.
__
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is the residential curtilage of Yew Cottage, Rencell Hill, Laxey a two storey traditional semi-detached dwelling sited to the western side of Rencell Hill and west of Main Road. The sites is generally sloping in nature given the area is on a hill side, the exception being the footprint which the house sits and driveway/parking areas to the northern gable end of the house all of which have a level plateau (cut into hillside). To the rear of the dwelling is the garden, which due to the topography of the area it has three separate split level plateaus of garden, the largest being to the rear most section of the garden. When stood at this level views over the roof of the property can be scene.
2.0 THE PROPOSAL 2.1 The planning application seeks approval for the erection of cabin within rear garden ancillary to existing dwelling.
2.2 The proposed extension would be single storey pitched roofed cabin, having a width of 8.3m, a depth of 4.4m and a height of 3.1m, finished in timber cladding.
2.3 In terms of accommodation created by log cabin it would include an open plan room, which includes a single bedroom, living area and kitchenette and a shower room. Externally, the accommodation would have access to the shared garden/parking provision of the main dwelling house Hunters Moon and would be access via the shared garden path.
3.0 PLANNING HISTORY 3.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.
4.0 PLANNING POLICY 4.1 The site lies within an area which is designated as residential use under the Laxey and Lonan Local Plan and the Draft Area Plan for the East. The site is not within a Conservation Area.
==== PAGE 3 ====
20/00206/B Page 3 of 5
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policy that is considered specifically relevant to the assessment of this current planning application:
4.3 General Policy 2 states: "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."
5.0 REPRESENTATIONS 5.1 Highway Services do not object (10.03.2020).
6.0 ASSESSMENT 6.1 The key issue to be assessed in the determination of this application is whether the proposal constitutes the creation of a new dwelling and whether such accommodation would be compatible with the existing dwelling and if it is considered a separate dwelling, would it provide adequate amenities in itself.
6.2 The scheme proposes a detached building which can accommodate an open plan living area which includes a sitting area and small kitchenette and a bedroom. A shower room is also included. The cabin would have a floor area of approx 30.8sqm internally. Concerns 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.
==== PAGE 4 ====
20/00206/B Page 4 of 5
6.5 The applicants advise the following:
"The proposed ancillary accommodation would be used by the applicant and partner. The applicants Mother own and lives in Yew Tree Cottage. The applicant currently resides in Yew Tree Cottage having moved back from the UK to care for her Father who has unfortunately since passes away. The applicants mother is of elderly age and benefits greatly form care and knowing someone is around in case of an emergency.
The propose ancillary accommodation would allow the applicant to be on site to care for her Mother and be around in case of any emergencies whilst still giving her Mother important independence."
6.6 There is some comfort that the building would be used in associated with the main dwelling house (Yew Tree COttage), which include:
o The location within the rear main garden, and the windows of the new log cabin would have direct views towards gardens of Yew Tree and therefore would have direct and clear overlook over the private amenity area of Hunters Moon; o Not only would the unit have outlook over the gardens of Hunters Moon, it would also share the amenity space (i.e. garden.); o The unit would be required to utilise the same paths/entrance/driveway/parking as the main dwelling; and o The proposed plans unit being approximately 30.8sqm in floor area and with only a small kitchenette and would still likely require the main dwelling house for such provision. It is noted that internal alterations do not generally require planning permission and there is space for perhaps a larger kitchen to be installed (albeit at the expense of the living area) within the unit to install a kitchen. However, a condition could be attached which seeks the internal layout as shown only.
6.7 Furthermore, the applicant is happy for a condition to be attached which requires the building be reverted to a "studio/hobby room/summerhouse" in associated with the main dwellinghouse when the proposed use is no longer required by the applicant's.
6.8 Overall, this all gives comfort that the unit would be used in an ancillary way. It is also considered appropriate to suspend all Permitted Development rights to this site, which includes the presentation of erecting and fences to separates sections of the site. A condition should also be attached which limits the use of the building for purposes in association with the main dwelling house only, and for no commercial purposes.
6.9 It should be noted that while the log cabin is considered appropriate for the proposed and future uses, such a design would not be acceptable for a permanent dwelling.
6.10 As the log cabin proposes sleeping accommodation within (bedroom) a Building Regulations application would be required, which would consider whether suitable living standards are meant, as well as fire precautions.
6.11 Accordingly, in this case it is concluded that for the specific reasons indicated it would all seem to help the argument that in practical terms it is unlikely to be occupied as a separate household to the main dwellinghouse and therefore would not constitute a new residential dwelling, but would be accommodation incidental to the main dwelling house.
6.12 Visiting the site, given the topography of the area, the position of the cabin and mature landscaping along the boundaries of this site and neighbouring properties; it is considered there would be no significant impact to neighbouring properties i.e. loss of light/overbearing impacts upon outlooks and/or overlooking.
==== PAGE 5 ====
20/00206/B Page 5 of 5
6.13 From a visual perspective the cabin would be screened from the majority of public views, given it is set behind the main dwelling and neighbouring properties. The possible exception to this would be limited to views from the highway when stood opposite the parking area of the site, looking upwards where a view of the cabin would be seen. However, other similar cabins are noticeable in the area (neighbouring property Edgeworth) and these are not features alien to residential settings. Notwithstanding this, the visual impact would be limited.
7.0 CONCLUSION 7.1 It is considered the proposals if used for the precise purposes set out in the application would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved subject to conditions.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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 above who should be given Interested Person Status. __
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 26.05.2020
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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