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Application No.: 16/01315/B Applicant: Mr Paul Morton Proposal: Variation of condition 3 of PA 13/00041/B to allow existing roof space floor area to be used for staff living accommodation. Site Address: Greenhill Jurby Road Andreas Isle Of Man IM7 2EJ Case Officer : Miss Jennifer Chance Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 26.06.2017 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: To ensure that the proposal remains available to meet the identified need, and as a separate dwelling would be contrary to policies to protect the countryside from unwarranted and unsustainable development.
Reason: To provide adequate off-street parking and as the garage was approved as an exception of planning policy for this purpose.
This approval relates to drawings reference numbers 10 746 27, 10 0746/10, 10 0746/28 and 10 0746/10 REV B received on 24th November 2016. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE DIRECTOR OF PLANNING AND BUILDING CONTROL
Preamble A report in relation to this application was included on the agenda for Planning Committee on the 3rd July 2017. After the agenda had been published, the applicant requested that the application be deferred for further discussions. These discussions have now taken place and the report has been updated.
1.0 THE APPLICATION SITE - 1.1 The application site is within the residential curtilage of Greenhill, Jurby Road, Andreas which is a relatively recently constructed two storey dwelling that abuts the A19 to the south and the B14 to the east. The property lies within the countryside.
2.0 THE PROPOSAL - 2.1 This planning application seeks the approval for the variation of condition 3 of PA 13/00041/B to allow existing roof space floor area of the garage to be used for self-contained living accommodation. The works would create a two bedroom self-contained unit, which includes a kitchen/living area, bathroom, file store, cloak room, landing and storage cupboards. The unit would equate to 90.8sqm in floor area. The unit would be accessed via an existing doorway within the eastern elevation and a new internal staircase would provide access to the proposed unit within the roofspace. - 2.2 It is noted that the garage which was approved under application (13/00041/B) had no upper floor. However an upper floor has been installed that contains accommodation within the roof space. It is this area which is now sought to be converted for a self-contained unit. - 2.3 The applicants have indicated that the reasons for purchasing the site and building the recently completed dwelling was for their retirement house and develop an equestrian facility for personal use. They currently have 8 horses, three are with a professional yard near Knutsford and five (one to ride, one a retired show jumper, one a retired eventer now brood mare and two foals) are at home at the application site. They advise that if one of the three currently across have injuries, they are brought back to the Island to rest and recuperate. - 2.4 The applicants advise that due to the nature of the horses, (old/ young possibly injured/ in foal) the care and attention required for them is far greater than would normally be expected and can often involve early mornings and late nights. Due to this the applicants state that they need someone to look after the horses and their two dogs and that they also acknowledge that as they get older they will be needing more help with the work associated with horses and the house/gardens. The amendment to the condition would enable them to employ a live-in groom who would also assist with dog-sitting. There would also be flexibility for a housekeeper, a gardener or a carer.
3.1 The following application is specifically relevant to the assessment of the current planning application: - 3.2 PA 13/00041/B: Erection of a detached 4 car garage to replace approved 3 car garage (PA 11/00568/REM). This previous planning application was initially refused on the grounds that the size constituted overdevelopment that would not respect the site or main dwellinghouse and in turn this would have a detrimental impact on the surrounding area. On appeal, the Inspector did not share this view stating that although the garage was large, so too was the house and that the relationship of the garage to the house was appropriate. He felt that the design was similar to that of the house and noted that the location meant that it would be some way from public views and would be well screened. The application was approved on appeal with the following condition attached:
"C 3. The proposed garage must be used only for domestic purposes incidental to the main dwellinghouse, Greenhill. For the avoidance of doubt, the garage must not be used for selfcontained living accommodation."
3.3 No specific reason was given for the condition, as was normal practice at the time, however the condition was typical of those conditions imposed where the Department wishes to provide clarity over the function of ancillary domestic accommodation. - 3.4 Other applications relating to the site are: PA 16/01176/B: Erection of side extension to dwelling - APPROVED
4.1 The application site is not designated for any site specific purpose and is in an area recognised as "Woodland" not zoned for development under the Isle of Man Development Plan Order 1982. - 4.2 The Isle of Man Strategic Plan 2016 does not contain any policies that specifically relate to the erection of domestic garages associated with dwelling houses in the countryside. Although General Policy 3 would therefore be the most applicable (see below) it has generally been accepted that garages serving domestic dwellings is reasonable, subject to their impact. There are no policies that provide for ancillary residential accommodation. - 4.3 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
4.4 Other policies that are potentially relevant relate to the presumption against development in the countryside (Environment Policy 1); directing new residential development to towns and villages (Housing Policy 4); conversion of redundant rural buildings to dwellings (Housing Policy 11)
5.1 Highways Services have no objections to the current planning application, subject to the imposition of the following condition (19.12.2016):
"Nothing must be planted, erected or allowed to remain within the visibility splay that exceeds or may exceed one metre in height."
5.2 Andreas Parish Commissioners do no object (06.01.2017).
6.1 Applications for additional residential accommodation to be used in association with an existing dwelling are not unusual, but the consideration of them frequently proves problematic. Planning case law for the most part clarifies that if a residential unit is fully self contained and is not reliant on facilities within another property, then it is a separate dwelling and should be assessed as such. This is because it is difficult for a planning authority to control or ensure that the link between the two properties is maintained irrespective of conditions or legal agreements. Frequently the properties are eventually separated because, even if they are occupied by relatives, they are perceived to be separate households no different from any other unrelated household. - 6.2 If this approach were to be taken then the proposal would fail to comply with the well established presumption against development in the countryside set out in the Strategic Plan. - 6.3 Approvals have previously been given for annexes on the basis of need, usually to assist an elderly family member. Officers are particularly cautious when familial circumstances that give rise to such need are likely to be short term as the building may subsequently be put to a use which conflicts with policies that aim to protect the countryside and ensure sustainability. Although applications should be determined on the basis of what is being applied for at the time, and not a potential use that might require a further application, if the said development is only warranted for that short term need, the long-term use of the building has to be a material consideration. - 6.4 UK case law does indicate that staff accommodation can sometimes be considered ancillary depending upon the specifics of the proposal and the host dwelling. - 6.5 What is crucial here, is the appropriateness of the additional accommodation, its relationship to the host dwelling and the likelihood of separation. - 6.6 In this instance the main house on the site is very large and is accompanied by stables. Therefore, the likelihood of such a property having staff is plausible. Furthermore the accommodation would sit above the garage that is associated with the dwelling and that garage sits close to the main house.
6.7 While it is arguable that the staff could be accommodated in the house, there would appear to be limited harm to the wider countryside arising from the upper floor of the garage being used for ancillary staff accommodation. Given the nature of the host dwelling, it is unlikely that it would be sold off separately from the main house as such a house is always likely to want to have a large garage. - 6.8 The development does not comply with the relevant policies. However, given the size and nature of the building (including its relationship - both functionally and visually - to the main house), and that it is existing structure, the overall impact on the countryside is less than may be the case for a 'stand-alone' dwelling. - 6.9 It is noted that the consultation response from Highway Services raises no concerns subject to a condition being imposed in relation to visibility splays. This is not considered necessary or appropriate as the garage is already in situ. - 6.10 In terms of sustainability, the occupants would be employed in the main dwelling so arguably the amount of travel required would be minimal. - 6.11 The outlook and light available for the occupants of the unit are less than would be required if this were a stand-alone dwelling. On the basis that the proposal provides ancillary staff accommodation only, it is not considered that these are sufficient in themselves to warrant refusal.
7.1 Permission is sought for ancillary staff accommodation, there is a reasonable expectation of it being required for such uses in the medium-long term and a condition can be applied to ensure that this is so. In particular it is considered that:
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons:
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 : Permitted Committee Meeting Date: 02.10.2017
Signed : S BUTLER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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