Officer Report 15 December 2011

Planning Officer Report And Recommendations {{table:13345}}

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PREVIOUS APPLICATIONS HAVE BEEN CONSIDERED BY THE COMMITTEE

The Site

1. The site is the residential curtilage of an existing dwelling situated on the south western side of the A15 coast road around Maughold and to the north west of the minor road which runs between this and Cornaa, passing over the electric railway line.
2. The site has on it a dwelling which was permitted to replace a former cottage. It is a traditionally styled property but larger than that which it replaced.
3. The site is around half an acre in size and at its greatest is 37m deep. There is a watercourse running to the rear (west) of the site.

Planning Status And Policy

1. The site lies within an area of High Landscape Value and Scenic Significance on the Town and Country Planning (Development Plan) Order 1982.
2. As such the appropriate policies to be applied are Environment Policy 1 and 2 which presume against development in the countryside and Housing Policy 15 which deals with extensions of existing traditionally styled dwellings in the countryside. There are no policies which provide advice on alterations to existing dwellings in the countryside.

The Proposal

1. Proposed is the retention of an existing rooflight in the centre of the rear pitch. There are already two additional rooflights one on each side of the rooflight which is the subject of this application.
2. The Town and Country Planning (Permitted Development) Order 2005 makes provision for the installation of up to three rooflights within a dwelling. Condition 4 of PA 11/0542 which amended the original permission for the replacement dwelling (PA 09/1978) and which reflected amendments which had been undertaken during construction, removed permitted development rights by stating 'Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005, no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, roof lights, windows, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval)." A

subsequent application, PA 11/1116 proposed the removal of the condition insofar as it applied to the rooflights: this was permitted.

1. Condition 6 of PA 11/0542 required that 'within one month of the approval all extensions and roof lights not approved under this application are to be removed in accordance with drawing 10 726 07.' Three of the rooflights now have permission through the suspension of the Order and the remaining light in the rear pitch remains unauthorised and is the subject of this application.

Planning Policy

1. Housing Policies 14 and 15 are applicable in this case which require that new dwellings bear relation to those which they replace and that size constraints of up to 50% of the existing floor area. New dwellings and alterations and extensions to them must respect the form and character of traditional architecture and form. The dwelling has, however already been approved and the proposed changes relate only to the rooflight in the rear.

Planning History

1. PA 11/1116 - variation of conditions 4 and 6 of the approved replacement dwelling PA 11/0542 to allow roof lights to be installed under the PDO and the retention of three existing rooflights - permitted 17th October, 2011.

1. PA 11/00542/B - Erection of a replacement dwelling (retrospective) (Amendments to PA 09/01978/B & PA 04/01353/B). This was granted on 24th June 2011 with a number of conditions attached. In addition to the conditions 4 and 6 detailed above, condition 7 is also of relevance. This stated

"The use of the attic/roof space is restricted to the storage of domestic items only; no approval is hereby given for the use of the attic space for any type of living accommodation."

1. PA 11/00539/B - Erection of a detached garage (retrospective) (Amendment to PA 04/01353/B)

Status - Appeal in Progress Refused 24th June 2011

1. PA 11/00032/B - the erection of a replacement dwelling

Status - Refused 15th March 2011

1. PA 09/01978/B - The erection of a replacement dwelling (amendments to PA 04/01353B)

Status - Permitted 6th May 2010.

Representations

1. Maughold Parish Commissioners raise no objection to the application are concerned that the proposal is restrospective and wish to impress upon the applicant that this is not acceptable.

Assessment

1. The rooflights are already in place so their visual impact can be assessed. The three rooflights do not look out of place and it is relevant that in other traditional cottages which are not constrained by suspension of the PDO, that they could accommodate three rooflights in either front or rear pitch. There will be no change in the use of the attic as a result of the additional rooflight. Whilst there has previously been concern that the attic is sufficiently large and high to permit habitable accommodation, the retention of this rooflight will no more facilitate this that does the present situation with only two roof lights in the rear.

1. It is considered that the additional rooflight in the rear pitch will not result in any adverse visual impact nor will it create any additional living accommodation and as such the application is considered to be acceptable.

Party Status

1. The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 09.12.2011

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. This permission relates to the retention of the centrally positioned rooflight on the rear pitch as shown in drawings 10 726 11B and 10 726 10 both received on 8th November, 2011.

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 : A Committee Meeting Date : 22-12-11

Signed : RonaWitt Presenting Officer

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