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20/00648/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 20/00648/B Applicant : Mr Julian Wood Proposal Erection of detached garage / workshop with associated driveway and new vehicular access Site Address Ballakinnag House Shore Road Ballaugh Isle Of Man IM7 5AZ
Case Officer :
Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 11.09.2020
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The workshop/garage above hereby approved shall only be used only in association with the main dwelling house "Ballakinnag House" and for purposes incidental to the use of main dwelling house "Ballakinnag House" as a single dwelling and not for commercial purposes.
Reason: the dwelling is within a single residential plot within an area not designated for development and has only been considered acceptable for the reasons identified within the application. The application does not propose to create separate units within the site and has not been considered as such.
C 2. The building shall be used only for the storage of private motor vehicles and items associated with the maintenance and occupation of the site as a whole, including land in the occupants' ownership.
Reason: to accord with the justification provided by the applicant for the building.
C 3. If the use of the garage/workshop hereby approved ceases for period exceeding 12 months, the building and any supporting base shall be removed and the ground restored to its former condition within 3 months of the date of the cessation, unless a time is otherwise approved in writing by the Department.
Reason: The building has been exceptionally approved solely to meet a personal need and its subsequent retention would result in an unwarranted intrusion in the countryside.
C 4. Prior to being brought into use, the proposed workshop/garage shall be painted green and retained as such thereafter.
Reason: In the interests of the visual amenities of the area.
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C 5. No development shall be commenced until a soft landscaping scheme has been submitted to and approved in writing by the Department for the area between "Ballatiki" and the workshop/garage. Such a scheme shall include details of all trees, hedgerows and other planting which are to be retained; details of all other boundary treatment and finished ground levels ; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; the location of grassed areas and a programme of implementation.
All soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out in full accordance with the programme approved in writing by the Department and retained thereafter. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.
Reason: To ensure the provision of an appropriate landscape setting to the development.
Note: All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds.
The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins. Thorough checks for birds, their active nests and eggs should be undertaken prior to clearance of vegetation. If a nest is discovered while work is being undertaken, all work must stop and advice sought from the Ecosystem Policy Team, DEFA.
This application has been recommended for approval for the following reason. Whilst the workshop/barn does not fit within General Policy 3, garages are a common feature within residential curtilages. The workshop/garage is larger than a 'normal' garage but on balance it is considered there will be a minimal impact on the overall area due to structure being an agricultural barn which may not look out of place within the overall area
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 23rd June 2020: o Drawing No. 02 o Drawing No. 03 o Drawing No. 04
This approval also relates to drawing No. 05 Rev A which was received on the 20th August 2020 which shows the height of the neighbouring boundary with "Sunsets."
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject
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matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Honourable Mr Baker, MHK is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
The Owner/Occupier of Ballakeil House is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
The Isle of Man Motor Museum is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
The Owner/Occupier of Thie My Chree is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
Honourable Mr Cannan, MHK is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. __
Officer’s Report
THE APPLICATION SITE 1.1 The application site is within the residential curtilage of Ballakinnag House and Ballatiki, Shore Road. Both properties are currently within the same ownership. Both properties are situated to the northern end of Shore Road, which is a dead end road leading to Ballaugh Beach.
1.2 Ballakinnag House is two stories property with dormers and rooms within the roof space and an attached garage and granny annex which has a large side and rear garden. Parking for Ballakinnag House is situated to the front of the existing garage.
1.3 Ballatiki is a bungalow which is situated to the north west of Ballakinnag House and previously had the rear garden where the proposed garage is to be situated as their rear garden. To the west of the front of the property is a driveway which leads to the front and side of the property, of which to the eastern end of the property are several outhouses.
THE PROPOSAL 2.1 The current planning application seeks approval to create a new driveway entrance between "Ballatiki" and "Ballakinnag Cottage" which would lead to a workshop/garage situated to the north of "Ballakinnag Cottage." The workshop/garage would measure 13.8m by 8.6m with a height of 4.7m. The workshop/garage is designed to look like a large agricultural barn/workshop with the lower sides being clad in reclaimed timber fencing boards and the upper part of the sides and the roof being insulated corrugated cladding and roof panels.
2.2 The proposed workshop/garage would have space for six cars and will have a car lift to aid in doing remedial works on the owners cars.
2.3 The covering statement given states that the proposed workshop/garage is to be for the storage and fixing of the owners cars only.
PLANNING HISTORY
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3.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.
PLANNING POLICY 4.1 The site lies within an area zoned as not for development on the Isle of Man Development Order 1982, North Map. The property is also within an area of High Landscape Value and Scenic Significance.
4.2 Given the nature of the application it is appropriate to consider General Policy 3, Environment Policy 1 & 2 and Transport Policy 4 & 7 of the Isle of Man Strategic Plan 2016.
4.3 General Policy 3 of the Isle of Man Strategic Plan 2016 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 countryside, its wildlife or heritage.
4.4 Environment Policy 1 from the Isle of Man Strategic Plan 2016 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.36 or which is not designated for future development on the 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 2 from the Isle of Man Strategic Plan 2016 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential.
4.6 Transport Policy 4 of the Isle of Man Strategic Plan 2016 states: The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.
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4.7 Transport Policy 7 of the Isle of Man Strategic Plan 2016 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
The current standards are set out in Appendix 7-".
REPRESENTATIONS 5.1 Highway Services have considered the application and do not oppose the application stating, "The proposal raises no significant highway safety or efficiency issues, allowing Highway Services to raise no opposition subject to conditions for access, visibility splays, the access lane and hardstanding for parking to accord with drawings No's 03 and 04. Consideration should be given to another condition to retain the garage. An advisory for a s109(a) Highway Agreement to apply too (13.07.19).
5.2 Ballaugh Parish Commissioners have considered the proposal and have no objection but state, "The Board would like to see an environmental survey carried out to ensure that there is no detrimental impact on the wildlife inhabiting the area-" (17.07.20).
5.3 The Ecosystem Policy Officer has written in to note that there is potential for nesting birds within the hedge and vegetation which would be removed to facilitate access to the site and to place the garage as such they are wanting to place an advisory note on the application. (31.07.20)
5.4 Honourable Mr Baker, MHK has written in as support for his constituent, once on the 16.08.20 and secondly on the 2.09.20.
5.5 The Owner/Occupier of Ballakeil House, Smeale have written in to support the application stating that the garage being close to the property would be beneficial to the cars- (17.08.20).
5.6 The Isle of Man Motor Museum have written in to support the application stating that the garage would assist the applicant in storing his classic car collection on the Island which would assist in making them available for events- (19.08.20).
5.7 The Owner/Occupier of Thie My Chree have written in to support the application stating that the garage would assist the applicant to store his collection safely under one roof and would assist the wider community in enjoying them-".
5.8 Honourable Mr Cannan, MHK has written in as support for his constituent on the 2.09.20.
ASSESSMENT 6.1 The fundamental issues with this application are a) the principle of the proposed garage, b) whether there is a visual impact from the proposed garage/workshop that would affect the character and appearance of the existing dwelling or the countryside with regards to the area being an Area of High Landscape Value and Scenic Significance and c) whether there is an impact on the residential amenities, specifically "Ballatiki" and "Sunsets
PRINCIPLE OF DEVELOPMENT 6.2 In the first instance the principle of the development needs to be addressed. "Ballakinnag House" is situated on a site which is not allocated for development on the 1982 Development Plan and as such is a site which lies within the countryside where development is restricted, in order to protect the countryside for its own sake.
6.3 Whilst there is nothing specific within the Strategic Plan which would allow for detached garages, a number of such proposals have been approved within the countryside where a garage would respect the site and surrounding area in terms of siting, layout, scale, form and design. There have also been specific applications previously approved for large storage units
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built within the residential curtilage of dwellings, abide dwellings with a far greater amount of associated land than is the case here.
6.4 When considering proposed site it can be argued that the site is within a residential curtilage abide previously the residential boundary of "Ballatiki". The erection of a workshop/garage here would not reduce any productive agricultural land which is an overriding factor of General Policy 3, it also appears that the site has also been used for incidental purposes to a nearby dwelling house for some time.
6.5 The agent on behalf of the applicant has provided supporting information on why the applicant requires a garage/workshop the size and design that is proposed. The applicant over time has purchased several classic sports cars and specialist vehicles which have been stored in several different places on the Island and the UK. The applicant requires somewhere to keep the classic and specialist cars in perfect condition which has hermetic seals to protect the cars against humidity and any temperature fluctuations to prevent oxidation of the metal work due to the high salt content of "Ballakinnag House" being so close to the sea.
6.6 On the above basis the property next to "Ballakinnag House,"Ballatiki" was bought to allow sufficient space for the proposed workshop/garage. It should be noted that whilst there is already a three car garage on site, the applicants already use this to store domestic paraphernalia and household items, the space which is left from the storing of the items is then used up by motorbikes and two of the more valuable cars within the applicants collection and as such is not suitable for the applicant's needs.
6.7 Whilst the principle of the erection of a garage may be acceptable, it is necessary to assess whether a garage on this site would be acceptable.
CHARACTER AND APPEARANCE 6.8 When looking at the character and appearance the main overriding feature is whether the workshop/garage would have a negative impact on the overall area. Shore Road is a dead end road leading to Ballaugh Beach which has 12 properties all of varying sizing and styling. "Ballakinnag Cottage" and "Ballatiki" are the first two properties along Shore Road and the only two which are not in large grounds.
6.9 The workshop/garage is to be situated to the rear of "Ballakinnag Cottage" within a walled area although given the height of the workshop/garage it will be seen from the main road, with the potential that the works to create the additional driveway would make it more visible.
6.10 The garage is designed as a basic agricultural barn with the lower sides being clad in reclaimed timber fencing boards and the upper part of the sides and the roof being insulated corrugated cladding and roof panels.
6.11 This could be seen in two separate ways. Firstly that with the workshop/barn being designed as an agricultural barn within the countryside that the impact of the workshop/garage will be limited due to an agricultural barn being a common feature. The alterative way that the workshop/barn could be seen is that both "Ballatiki" and "Ballakinnag Cottage" both lend themselves to being residential in feeling and an agricultural barn at the rear of "Ballakinnag Cottage" could potential have an industrial feeling, especially due to its height and size.
6.12 However the likelihood of the workshop/barn being seen as an industrial structure within the rear of "Ballakinnag Cottage" is minimal, in order to limit any potential impact a condition could be attached to state that the workshop/barn should be painted green to assist the structure to blend into the existing mature hedging to the east and south. There may also be the potential for additional landscaping.
IMPACT ON RESIDENTIAL AMENITY
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6.13 When looking at the proposed workshop/garage and an impact on the residential amenity the two main properties which would be affected are "Sunsets" and "Ballatiki."
6.14 Firstly with regards to "Sunsets" the workshop/garage is situated to the north of their garden which is currently being used as an allotment with a greenhouse. The workshop/garage will increase the overall area of overshadowing in this area due to the current boundary wall measuring just over a metre high and the overall workshop/garage having a height of 4.7m. Whilst this could potentially be an issue within the supporting information the agent on behalf of the applicant has given "Sunsets" have written in to offer their support for the application.
6.15 With regards to "Ballatiki" this is currently within the ownership of the applicant, it is necessary to note that this might not always be the case and as such it is necessary to assess the impact that the proposed workshop/garage might have. "Ballatiki" itself will be around 11 metres away from the proposed works of which no information has been supplied on how the applicants propose to mitigate the overall impact of the workshop/barn on "Ballatiki" especially with how close the workshop/barn is to the property. This is especially important due to the overall height and size of the overall structure which is around the height of a bungalow itself.
6.16 To help assist with the mitigation details could be required prior to commencement of how the applicants propose to mitigate the impact from the rear of "Ballatiki" in the way of hard and soft landscaping.
OTHER MATTERS 6.17 Other factors which are necessary to look and is currently within the mainstream at the moment is sustainability, which is a key principle of the Isle of Man Strategic Plan 2016. The provision of on-site garaging for the applicants cars could potentially reduce the amount of comings and goings in terms of to and from the other sites in which the applicants car are stores and especially from the sites in which the cars are stored within the UK.
6.18 It is also relevant to note that whilst the applicant has stated within their supporting information that the workshop/garage would not be used by anyone other than themselves, due to the where the proposed workshop/barn is there is the possibility that it could be separated from both "Ballatiki" and "Ballakinnag Cottage." Firstly the barn is separate from "Ballakinnag House" by a separate driveway and the walled rear garden. The proposed workshop/garage is separate from "Ballatiki" again because of the separate driveway and where the workshop/barn is situated.
6.19 Because of the above the workshop/barn lends itself to feeling separate from both and as such a unit by itself which given its size, design and siting detached from the main dwellings would appear as a separate industrial unit, and given the proposed floor space outlined, would increase the risk of and pressure for a future severance of the site.
6.20 To help mitigate this, conditions should be attached to state that the property can only be used by the current applicants and that in the event that it is no longer required the garage is removed.
CONCLUSION 7.1 Whilst the workshop/barn does not fit within General Policy 3, garages are a common feature within residential curtilages. The workshop/garage is larger than a 'normal' garage but on balance it is considered there will be a minimal impact on the overall area due to structure being an agricultural barn which may not look out of place within the overall area. Several conditions are proposed to help mitigate any possible impact the workshop/garage could have on the neighbouring properties and with the possibility of severance from the main dwelling.
7.2 For the above reasons, on balance, the proposal is considered acceptable.
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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 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 : ...Pending Decision... Committee Meeting Date:...21.09.2020
Signed :...V WILSON... 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.
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PLANNING COMMITTEE DECISION 21.09.2020
Application No. : 20/00648/B Applicant : Mr Julian Wood Proposal : Erection of detached garage / workshop with associated driveway and new vehicular access Site Address : Ballakinnag House Shore Road Ballaugh Isle Of Man IM7 5AZ
Planning Officer : Mrs Vanessa Porter
Presenting Officer As above (correct manually if not the case officer)
Addendum to the Officer’s Report
Four year condition was added as condition 1, and an alteration to the recommended condition 4 (reordered to condition 5) to amend the condition.
A note has also been added for the possibility of nesting birds
C1. 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 5. Prior to being brought into use, the proposed workshop/garage upper external finish shall be finished in dark green and retained as such thereafter.
Reason: In the interests of the visual amenities of the area.
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