Officer Report

Application No.: 16/00828/B Applicant: Mr Dennis & Mrs Pam Brownlow Proposal: Erection of a building to provide a hydrotherapy pool and adjacent covered barbecue area (retrospective) Site Address: The Old Vicarage Lonan Church Road Laxey Isle of Man IM4 7JX Case Officer : Miss Abigail Morgan Photo Taken: 26.10.2016 Site Visit: 26.10.2016 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site represents the curtilage of "The Old Vicarage" which is a detached dwelling standing in its own grounds adjacent to Church Road in Loan. It is a two storey dwelling set in large grounds and a two storey outbuilding to the north west of the site for guest accommodation, with various other outbuildings along the north eastern boundary. Along the boundaries is mature planting and trees.

2.0 THE PROPOSAL - 2.1 The proposed planning application is for erection of pool building and bbq building (retrospective).

3.0 PLANNING STATUS - 3.1 Under the Laxey and Lonan Area Plan Order 2005 the application site is located within a wider area of land that is designated as open space.

Under the Strategic Plan the following policies are considered relevant; General Policy 3: '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 the countryside, its wildlife or heritage.'

• 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 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.'

4.0 PLANNING HISTORY - 4.1 The following previous planning applications should be considered relevant in the assessment and determination of this application:

PA 94/01276/B - Construction of extension and garage & conversion of outbuilding to living accommodation - Permitted

PA 99/01304/B - Extension to dwelling - Permitted PA 99/02009/B - Alterations and extensions to dwelling - Permitted

• PA 05/92210/B - Erection of a conservatory and glazed link - Permitted
• PA 06/00178/B - Erection of a two storey and a single storey extensions to create additional living accommodation - Permitted PA 06/00974/B - Erection of a single storey orangery - Permitted

• PA 06/02081/B - Conversion and enlargement of guest accommodation to create family dwelling Refused
• PA 07/00402/B - Erection of an extension to guest accommodation - Approved at Appeal PA 09/01166/B - Alterations and extensions to dwelling to create a leisure suite - Permitted

16/00828/B - Erection of a building to provide a hydrotherapy pool and adjacent covered barbecue area (retrospective) - PCO

- 5.0 REPRESENTATIONS

5.1 The Department of Transport Highways Division has not commented on the proposed development. Do not oppose with condition/comment, The application comprises the provision of a hydrotherapy pool within a domestic curtilage. There will be no highway issues unless the pool is used for commercial purposes therefore a condition should be added to any approval restricting the use. 05/08/16.

6.0 ASSESSMENT - 6.1 General Policy 3 sets out eight criteria when development outside of areas zoned for development, such as the countryside, could be permitted. The proposals do not fall within any of these categories. Given the nature of the proposed development it is therefore appropriate to assess the impact of the proposal upon the existing property and upon the surrounding countryside. - 6.2 Under the Permitted Development Order there is a provision for an assortment of outbuildings for houses and a general acceptance that some level of other buildings associated with a house is not unreasonable. In relation to the potential visual impact the main policy to be considered is Environment Policy 2 given the site is within an area of High Landscape or Coastal Value and Scenic Significance. EP2 indicates that development will only be acceptable if the proposal would not harm the character and quality of the landscape; or the location for the development is essential. - 6.3 The proposed pool and bbq buildings are scaled, designed and well finished to ensure that the new built form would blend in with the existing buildings on site and the wider countryside. - 6.4 In terms of visual impact of the buildings on the locality, due to the high roadside boundary wall and boundary treatment; the siting of the shed to the north eastern corner of the garden, the distance from the road side and with the structure being single storey, it is not readily visible. The existing mature boundary will screen any views of the shed from the wider countryside. As such, the new built form would have no harmful impact on the character or appearance of the countryside. Accordingly, it is considered the proposal would comply with EP 2(a) of the Isle of Man Strategic Plan. - 6.5 With regards to impact on the host dwelling, considering both the shed and pool and bbq area together there remains a more than reasonable development/back garden ratio and the design, size and massing of the proposals are considered in keeping with the existing property and the area. - 6.6 With regards to conditions as the application is retrospective the only condition proposed is the one requested by highways ensuring the use is ancillary to the main dwelling.

7.0 RECOMMENDATION - 7.1 For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted.

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.

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: 31.10.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

C 1. The hydrotherapy pool and building hereby permitted shall not be used at any time other than for purposes ancillary to the residential use of the dwelling known as The Old Vicarage, Church Road, Lonan.

Reason: For the avoidance of doubt and in the interests of clarity as the proposal has been assessed as residential use only.

This approval relates to Location Plan, Site Plan and Wellness Centre and Barbeque Hut drawing all date stamped received 18 July 2016.

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: 02.11.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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