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16/01190/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/01190/B Applicant : Brandywine Limited Proposal : Alterations, installation of dormer windows and erection of extensions. Creation of vehicular access and driveway, and extension of residential curtilage. Site Address : Balnahow Farm Balnahowe Santon Isle Of Man IM4 1HN
Case Officer : Miss S E Corlett Photo Taken : 21.11.2016 Site Visit : 21.11.2016 Expected Decision Level : Officer Delegation
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL INVOLVES THE EXTENSION OF A RESIDENTIAL CURTILAGE INTO THE COUNTRYSIDE
THE SITE 1.1 The site is the existing curtilage of an existing dwelling, together with additional land to the south and west of the curtilage, presently part of the adjacent two agricultural fields all accessed from the Old Castletown Road via a narrow, winding and in places, steeply sloping road which by- passes the access to Meary Veg sewage treatment works uphill towards the coast.
1.2 The existing dwelling is a traditional Manx farmhouse but a little different to that described in Planning Circular 3/91 in that there are four windows on the front elevation first floor, a front porch set off centre on the principal elevation with one window to its left and two to its right and a frontage of 11.5m compared with a depth of 9m, far deeper than the usual 5.5m. The property has a relatively steeply pitched roof (40 degrees) and two small pitched roofed extensions, one being an old stone outbuilding which adjoins the dwelling, at the rear providing a porch and utility room. There is accommodation within the roofspace, providing a bedroom and games room. The "front" elevation actually faces into the agricultural field with the "rear" facing the road.
1.3 The property sits to the south west of a group of buildings - opposite is an outbuilding, behind which is a dwelling, Greenfields and to the east and north east is a group of traditional farm outbuildings. The lane which leads to the farm continues through to Ballacregga, another farm to the east.
1.4 The Raad ny Foillan long distance footpath follows the main road uphill but veers off the road before it turns towards the application site.
THE PROPOSAL 2.1 Proposed are alterations to the house and the extension of the residential curtilage some 5m to the east and with the introduction of a new stone wall to mark the residential boundary at the eastern side, the front being the existing stone boundary wall, the western boundary being an existing sod hedge and the rear being a post and wire fence.
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2.2 The extensions are threefold: the front porch will be removed and replaced with a sunlounge which has a 30 degree pitched roof with unspecified frame material underneath on top of a masonry dwarf wall which accommodates the fall in natural ground level.
2.3 At the rear, facing the lane, the existing annex and porch will be demolished and replaced with a smaller annex which projects out towards the lane by 4m (compared with the 6m of the existing outbuilding) and which will be 4.2m wide, of simple form with rendered masonry walls no window facing the road and windows only in the sides. This will form an enclosed study with the entrance into the dwelling from the road through a new link joining the house to a new garage to the west. The link is glazed to the rear garden and rendered with a door and adjoining window to the road and slightly lower than the garage. The garage in turn is 8m wide and 6.5m long with two garage doors in the elevation facing into the rear garden.
2.4 A new vehicular access is to be created off the road leading down into the rear garden and curving round to give access into the garage with parking for a number of vehicles in the rear garden area. Some parts of the garden will be retained as such.
2.5 Finally, there are to be four new pitched roofed dormers inserted into the south facing pitch and four new rooflights on the pitch facing the road (1140 by 1180mm).
2.6 The extensions, including the garage will provide a further 21% nett floor area (taking into account the attic accommodation in both).
PLANNING POLICY 3.1 The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as not designated for a particular purpose and of High Landscape Value and Scenic Significance. On the other side of the road there is a feature of archaeological interest although this does not feature on the Isle of Man Survey footpath map which identifies Ancient Monuments.
3.2 As such, there is a presumption against development other than as set out in General Policy 3, which includes extensions to existing dwellings and particularly Housing Policy 15 which states the following:
"The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)."
3.3 The countryside is protected for its own sake under Environment Policy 1 and the impact of development on the character and appearance of areas of High Landscape Value and Scenic Significance are identified in Environment Policy 2:
Environment Policy 1: "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".
Environment Policy 2: "The present system of landscape classification of Areas of High Landscape of 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 difference 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:
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a) the development would not harm the character and quality of the landscape; or b) the location for the development is essential."
PLANNING HISTORY 4.1 The site has had no previous applications considered. Greenfields across the road has had an application for a certificate of lawfulness refused for occupation as a private dwelling, as opposed to occupancy in compliance with the agricultural worker's occupancy condition (PA 07/00884/LAW) and a more recent application for variation of that condition, PA 15/00641/B was withdrawn before it was considered. There are other properties in the vicinity with agricultural occupancy conditions - Hillcrest to the east, Withaney and Thie ny Hawin to the north west although the condition applying to Withaney was recently removed (PA 16/00330/B) and the farmhouse at Ballacregga was also the subject of such a condition, although it was also the subject of a later decision to grant a certificate of lawful use as a private dwelling (PA 13/00581/LAW).
REPRESENTATIONS 5.1 Highway Services indicate that they have no objection (17/11/16).
ASSESSMENT 6.1 The issue here is whether the proposed extensions of the house and the residential curtilage will comply with the requirements of Housing Policy 15 and if not, whether there are any material factors to override those concerns. It is also relevant whether the proposal for the creation of a new access will in any way adversely affect highway safety.
6.2 In mathematical terms, the proposal creates far less than the 50% increase in floor area which is generally considered acceptable and retains the main mass and form of the house as it is with the extensions being single storey. Whilst the addition of the sunroom on what is termed the front elevation is perhaps not what would be found on most true front elevations which bound a highway, in this case this elevation faces a field which provides no close public view. Even were it to be seen, it would probably be taken by the viewer to be the rear elevation and it is also understandable for the occupants to want the sun room or a conservatory on the elevation facing the private space associated with the property, and the elevation which catches most of the sunshine.
6.3 The addition of a garage perhaps modernises the character and appearance of the property although from the public view, the lack of the sight of the garage doors and fenestration gives the garage an outbuilding type of character than that of a modern garage. The existing boundary hedging and trees provide some screening of the rear of the property, at ground floor level at least.
6.4 It is important to attach conditions which would prevent the spread of further development which would undermine the character which has been achieved in the current scheme, particularly through the erection of a further garage, through the conversion of the existing (now proposed) garaging to further living accommodation under Class 26 of the The Town and Country Planning (Permitted Development) Order 2012 . This could either be through a condition which prevents the garage being converted other than with the benefit of a further planning approval, or suspending the permission for a further garage under Class 17. Given that the concern is that the property should not continue to expand without control through the conversion of the attached garage and then the erection of another attached garage and then the conversion of that ad nauseum, it is recommended that the condition prevent the conversion of the garage to living accommodation in the first instance. The property could not be extended without further approval as Class 14 can only be applied to the original property which has not already been extended by more than 15 sq m. which this will have by the time the approved extensions are erected.
6.5 The application is recommendation for approval.
PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, and Government Circular 0046/13, the following persons are automatically interested persons:
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(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) the highways Division of the Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 22.11.2016
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. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012, the garage hereby approved shall only be used for storage in association with the occupation of the main house to which it is attached and may not be converted to or used as additional habitable accommodation and shall retain its garage doors as hereby approved.
Reason: to prevent the continued and uncontrolled expansion of the house by the application of Classes 26 and 17 of the Order.
This decision relates to drawings 1, 2, 3 and 4 all received on 20th October, 2016.
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I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 23.11.2016
Determining officer
Signed : C BALMER
Chris Balmer
Senior Planning Officer
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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