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16/00492/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/00492/B Applicant : Mr & Mrs Terence Thomson Proposal : Erection of a replacement summerhouse Site Address : 8 The Willows Ballasalla Isle of Man IM9 2EW
Case Officer : Miss Lucy Kinrade Photo Taken : 18.05.2016 Site Visit : 18.05.2016 Expected Decision Level : Officer Delegation
Officer’s Report
1.0 SITE 1.1 The application site is the residential curtilage of an existing property at 8 The Willows, Ballasalla. The property is a large two storey detached dwelling set in a cul de sac of similar size dwellinghouses.
1.2 The property has been added to over the years with the original garage being converted and extended in to further living accommodation and in turn a detached double garage was erected to the side of the property and set back from the front elevation.
1.3 There has also been the addition of a large conservatory to the rear and an existing shed in the rear garden.
2.0 PROPOSAL 2.1 The current planning application seeks approval for the replacement of the existing shed with a new timber clad summerhouse at the rear of the property.
2.2 The proposed structure will be 8.2m by 7.8m and 3.6m high (at its highest point) and covers an area of 28.3m2, its size is larger than that permitted under the Town and Country Planning (Permitted Development) Order 2012.
2.3 The proposed design shapes the summerhouse to fit to the southern corner of the plot and to replace the existing shed. The front elevation is made up of fixed glazing either side of a glazed sliding/folding entrance door which looks back towards the main dwelling house. There is a WC and a log burning stove proposed internally.
3.0 PLANNING HISTORY 3.1 There have been several planning applications sought for and granted relating to the property at 8 The Willows, the majority of which look to extend or convert the existing dwelling.
3.2 Planning approval was granted in 2009 under PA 09/01677/B to convert the existing garage to provide additional living accommodation and erection of a detached replacement garage (comprising an amendment to PA 07/01257/B).
3.3 Planning approval was granted for PA 07/01257/B to convert part of the existing garage into living accommodation and erection of a detached replacement garage.
3.4 Planning approval was granted for PA 99/01271/B to erect a conservatory to the rear of the property.
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16/00492/B
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4.0 PLANNING POLICY 4.1 The property lies in an area zoned as Predominantly Residential under the Town and Country Planning Act 1999 - Area Plan for the South 2013. The site is not within a Conservation Area.
4.2 Due to the zoning of the site and the proposed works, The Isle of Man Strategic Plan 2016 contains one policy which is considered specifically material in the assessment of this current planning application - 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:
b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them; c) does not affect adversely the character of the surrounding landscape or townscape; g) does not affect adversely the amenity of local residents or the character of the locality; j) can be provided with all necessary services; n) is designed having due regard to best practice in reducing energy consumption."
4.3 The Isle of Man Strategic Plan 2016 Section 8.12.1 states:
"Extensions to Dwellings in built up areas or sites designated for residential use As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general."
5.0 REPRESENTATIONS 5.1 Malew Commissioners have objected to the current planning application (02/06/2016) for reason that they believe the development is out of keeping and over intensive use of the site.
5.2 The Department of Infrastructure Highway Services have indicated that there is no highways interest in this planning application (16/05/2016).
5.3 The Forestry, Amenity and Lands Directorate of the Department of Environment Food and Agriculture (DEFA) has raised concern that the development may harm a large sycamore tree situated within the area of the proposed development, and have suggested that "if the applicant intends to retain the tree some thought should be given to how the summerhouse can be built without physically disturbing the roots or (more likely) causing compaction within the rooting environment.". However they also state that the "tree is not in a very good condition" and" would not object to the tree being removed if a suitable replacement could be planted." (15/06/2016)
5.4 A tree felling licence was issued on 07/07/2016 for the removal of the tree.
6.0 ASSESSMENT 6.1 The application seeks approval for the replacement of an existing shed with a heated summerhouse. The fundamental issues to consider in the assessment and determination of this planning application are issues raised by General Policy 2; (i) the impact of the proposed development on the character and appearance of the existing dwelling, (ii) the impact of the proposal on the surrounding area and street scene.
6.2 Care and consideration has been taken throughout the design process of this summerhouse. There is minimal fenestration overlooking neighbouring properties. Siberian Larch timber for the external cladding will help the structure blend with the local environment and improve over time with weathering.
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16/00492/B
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6.3 It is a single storey design situated to the rear of the property. It is not visible from the road and only visible from upper levels of neighbouring properties. The sides of the summer-house which are closest to the neighbour's boundary are at a height of 2.9metre but these are also set back 1metre from the boundary line, which will reduce the effects on the neighbouring properties.
6.4 The property lies in an area designated as 'Predominantly Residential' and therefore The Isle of Man Strategic Plan favours extension to existing property whereby it would not adversely impact the surrounding area or adjacent properties.
6.5 Even though the proposed summer-house is large in size the amenity of the garden and outdoor space is not at detriment and remains practical and modest in size.
6.6 Drainage services have been allowed for and connect into the existing. There is proposed provision for a toilet and a wash basin but there is no provision for a shower so it is expected that this summer-house is not to be used for accommodation purposes. In conjunction with the Housing (Standards) Regulations 2013 under Schedule 1 Part 2 Minimum Sizes and Maximum Occupancy for Flats the proposed summerhouse will not have a floor area large enough for permanent occupancy but the 28.3 square metres net floor area will give tourist occupancy for up to two persons.
6.7 The design incorporates apt thermal insulation that will work towards achieving a greater energy efficient design.
6.8 There was initial concern raised by DEFA over the large sycamore tree and the importance of protecting the roots and the tree if works were to proceed. However the Arboricultural Officer also stated that the tree was in a poor condition and would not object to its removal. Following a conversation with the application agent a tree felling licence was applied for and granted approval. The licence permits the removal of the tree, subject to replanting conditions.
6.9 Licence 354/16 has been subject to an amendment to the original condition, the latest condition states that with the removal of 1 sycamore tree that "1 Willow (Salix sp) to be planted in place of the sycamore being removed rather than the suggested Silver Birch (Betula Pendula).
7.0 RECOMMENDATION 7.1 The proposal is considered to comply with the relevant polices of the Isle of Man Strategic Plan 2016 and the Area Plan for the South and therefore recommended for an approval.
8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (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, in this case Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.
The Forestry Officer is within the same Department as is the planning authority and as such the Forestry Officer should not be afforded interested person status in this case.
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.
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16/00492/B
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Recommendation
Recommended Decision:
Permitted Date of Recommendation: 07.06.2016
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. 1 Willow (Salix sp) is required to be planted within the residential curtiledge of 8 The Willows. The tree should be at least 1.5m tall at the time of planting and be planted with a tree stake and tie for support. The tree should be planted in its final position before 31st March 2017. If this tree dies or is removed within 3 years of planting it should be replaced.
Reason: To meet the conditions relating to licence 354/16, issued by the Department of Environment, Food and Agriculture on 07/07/16, and later amended on 18/07/16.
This approval relates to drawing numbers 387/1/1, 387/1/2 and 387/1/3.
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: 10.08.2016
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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