Officer Report

Application No.: 17/00575/B Applicant: Mrs Jeanette Weatherall Proposal: Alterations to create additional living accommodation on footprint of existing conservatory, including creation of decking area above Site Address: Halcyon Days Main Road Ballaugh Isle Of Man IM7 5EX Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site comprises the curtilage of Halcyon Days, a two storey traditional detached property with rear extensions sited on the northern side of the A3 Rheynn Cullen, Ballaugh. - 1.2 The application site dwelling is built directly onto the adjoining footpath and highway and has a large rear private garden that is only partially visible from a main public thoroughfare.

2.0 THE PROPOSAL - 2.1 This planning application seeks approval for the alterations to create additional living accommodation on footprint of existing conservatory, including creation of decking area. The side extension would have a width of 5.5 metres, a depth of 4.6 metres and a height of 2.7 metres (including balustrades 3.8m).

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a number of previous planning applications; however, none considered relevant in the determination of this application.

4.0 PLANNING POLICY - 4.1 The application site is designated as an Area of High Landscape or Coastal Value and Scenic Significance under the Isle of Man Development Plan Order 1982, not designated for development. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains five policies that are considered specifically material to the assessment of this current planning application: - 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:

• 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, historical, or social value and interest (Housing Policy 11)
• c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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."

4.4 Environment Policy 1 states: "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." - 4.5 Environment Policy 2 states: "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:

• a) the development would not harm the character and quality of the landscape; or
• b) the location for the development is essential."

4.6 Housing Policy 15 states: "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)."

5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure Highway Services do not oppose the current planning application (received on 12.06.2017).

6.0 ASSESSMENT - 6.1 The principal issues to consider in the assessment of the application are; the impact upon the character and appearance of the property; the percentage increase in terms of floor area; and the impact upon the character and appearance of the area in general. - 6.2 The existing property is very visible, being immediately adjacent to the Kirk Michael to Ballaugh road (A3). However the rear elevation is well screened from public views given the mature roadside boundaries to either side of the property. - 6.3 In terms of Housing Policy 15 this states that extensions will normally only be approved where these respect the proportion, form and appearance of the existing property and only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space. - 6.4 In terms of the size of the extension the proposal would have an identical floor area as the existing conservatory proposed to be replaced, and therefore the proposal would have a zero percentage increase over the existing property. - 6.5 The design of the extension in terms of its proportion and form are not of a traditional design, being a flat roof. However, the proposal would replicate an existing flat roof extension which currently already exists to the rear elevation, which also has a fiat floor roof terrace. The

• proposal would essentially be a mirror image of this existing extension. It could also be argued that the existing conservatory is not a traditionally designed extension.
• 6.6 Overall it is considered the proposal would be appropriate and in keeping with the character and appearance of the existing property and it would also not harm the character and quality of the landscape.

7.0 RECOMMENDATION - 7.1 For these reasons the proposal is considered to comply with the relevant polices of the Strategic Plan 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 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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;
• (d) The Highways Division of the Department; 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: 26.06.2017 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.

This approval relates to drawings reference numbers JW/1/17 and JW/2/17 all received on 26th May 2017.

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: 29.06.2017

Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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