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17/00224/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00224/B Applicant : Mr & Mrs Fergal McKenna Proposal : Installation of two windows to replace garage door and alterations to garden wall and hardstanding Site Address : Ballachesed St Marks Ballasalla Isle of Man IM9 3AH
Case Officer : Miss Lucy Kinrade Photo Taken : 23.06.2017 Site Visit : 23.06.2017 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 12.12.2017 __
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.
Plans/Drawings/Information:
This approval relates to:
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Interested Person Status - Additional Persons
It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Representative of Ballagarey Methodist Chapel, St Marks, IM9 3AH due to their physical adjoining to the application site. __
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Officer’s Report
THE SITE 1.1 The application site is the curtilage of an existing dwelling situated on the western side of the A26 running through St Marks and north of St Marks Church. The dwelling known as Ballachesed has a front elevation facing the main road and sits close to the highway with a small front walled garden and projecting front porch.
1.2 The property has been subject to various alterations and extensions over time but still retains much of its traditional proportions and character.
1.3 On the northern side of the existing house is an attached garage beside which is a setback gated access into a driveway providing parking behind the house.
1.4 The site is within the St Mark's Conservation Area.
THE PROPOSAL 2.1 This application comprises three parts:
o the conversion of the garage to a garden store and the removal of the existing garage door and its replacement with two new windows to match the existing house, o an extension to the existing garden wall to enclose the small area in front of the old garage door to make it part of the front garden including the installation of a new pedestrian gated and pillared access to match the existing wall, o the planting of a new hedge along the front garden wall, and o the resurfacing of the existing driveway to a tarmac.
2.2 The current proposal follows from an original scheme that proposed a similar level of development although the existing garden wall was to be removed and replaced with a white picket timber fence. The installation of a fence raised concern with Highway Services, Local Commissioners and the Department.
PLANNING HISTORY 3.1 The application site has been subject to a number of previous planning applications, three of which are considered materially relevant to the assessment of the current planning application:
o PA 10/00237/B - Alterations and extensions to dwelling (including the removal of the front wall), installation of a bio-disc and erection of detached garage/car port block. Whilst the alterations to the existing garaging and internal layout were considered to be acceptable the application was REFUSED on the grounds that, the external decking, removal of front walling and new garage/store would be unsympathetic features within the Conservation Area and would be detrimental to the character of both the Area and the property itself.
o PA 10/01494/B - Alterations and extensions to dwelling, installation of an oil tank and erection of a detached garage/store and workshop block rear of the property. The alterations and extensions were considered to improve the overall appearance of the existing dwelling while proposed garage/store by means of its rear location and sympathetic material finish was not considered to impact the character of the Conservation Area are was considered acceptable. The application was APPROVED.
o PA 14/01307/B - Alterations, erection of extensions to dwelling and creation of car parking area to rear. The application also included the erection of a new 5m stretch of wall with railings at the front to match the existing wall. The creation of a rear off road parking area
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was considered a benefit to highway safety and the proposed wall extension was considered not to impact the visual appearance of the streetscene.
PLANNING STATUS 4.1 The site lies within an area which is not designated for development on the Area Plan for the South 2013 (APS) and is also within the St. Mark's Conservation Area. Environment Policy 35 and General Policy 2 are considered the most relevant in the assessment of the current application. In addition to this it is also necessary to consider the written statement for the APS and the Character Appraisal for the St Mark's Conservation Area. Although no specific reference is made to the application property the Character Appraisal does state:
4.2 "The buildings within St Mark's contribute to the value of its character as a grouping rather than as individuals, as together they form a part of the linear footprint of the hamlet that has remained virtually unchanged for almost as long as records exist."
4.3 "Several of the buildings in St Mark's have suffered from well meaning but unfortunate improvements in recent years. It is appreciated that, other than by educating property owners, little can be done to reverse the damage already done. By designation of conservation area status, future improvements would be subject to stricter control and some currently qualifying as permitted development would require Planning Permission."
4.4 "Throughout St Mark's there are green areas beside the roads in the form of verges. These widen out in several places, the largest area being at the apex of the central triangle containing the ecclesiastical properties and which is known as the Village Green. These are formal green areas, as opposed to the informal ones in the form of agricultural land, which surrounds the heart of the settlement. There are several mature trees in the churchyard and a number of less mature specimens and hedgerows throughout the hamlet. The green areas and variety of trees contribute to the overall sense of openness and provide a canvas against which the unique and quite striking group of buildings which make up St Mark's, can be seen. "
REPRESENTATIONS Original Proposal - Timber Fence
5.1 Malew Parish Commissioners commented on the original scheme on 02/03/2017 indicating that they had no concerns with the conversion of the garage but they objected to the wall indicating on 19/04/2017 that its replacement with a timber fence would be out of character, especially as all the other properties had either a wall or a hedge along there frontages.
5.2 The DOI Highway Services also objected to the original proposal. They stated that a highway is deemed to be the width between boundaries on each side of the road and often incorporates verges that used for drainage and visibility. The proposal to remove the existing wall and install a new fence closer to the road encompassing the drainage into the residential curtilage would be unacceptable and would impact the efficiency of highway drainage possibly leading to flooding problems. This area of verge has services located within it and access is required at all times, such access being restricted if within private curtilage. Highway Services recommended refusal based on its failure to comply with GP 2 (i) due to the impact on highway drainage. 04/05/2017.
5.3 A representative of Ballagarey Methodist Chapel, St Mark's also provided comments on the original application objecting to the alterations to the existing verge drainage ditch and its effects on the Chapel and general highway drainage with regards to flooding issues in the area. They indicate that the application also appears to have no consultation with Highway Services, it has a red line which differs to a previous application PA 10/01494/B and that the grass verge is an integral feature of the village within the Conservation Area and provides pedestrian refuge from vehicular traffic where footpaths do no exist. 23/03/2017.
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Amended Proposal - Extension to Existing Wall
5.4 Following the submission of amended drawings on 23/10/2017 Malew Parish Commissioners indicated that they had no objections to the proposals 23/11/2017.
5.5 DOI Highway Services indicated that amended drawing no 2 Rev B dated Oct 17 satisfied their concerns and that the public services and highway were no longer to be affected by this proposal, and that adequate off-road parking is available. Highway Services do not oppose this application 11/12/2017.
ASSESSMENT 6.1 The conversion of the garage and the installation of two new windows to match the existing is not considered to detriment the character of the Conservation Area and is considered acceptable in line with EP35. Similarly the laying of the new driveway finish (tarmac) between the main road and the front line of the property is considered, due to its small area of cover, to be a reasonable level of development within the Conservation Area which will have no adverse impacts on the character.
6.2 The proposal now retains the existing wall with no development alterations proposed for the verge. This safeguards the existing verge and the existing highway drainage located within it. This drainage area remaining free from obstructions and accessible at all times. There are you be no impacts on visibility of drainage above what is currently the case.
6.3 The previous fence proposal was considered to have a significant detrimental impact on the character of the area and failed to comply with EP 35. The fence was also highly contrary to the points set out in the Character Appraisal for the St Marks Conservation Area. The retention of the existing wall and verge is considered to preserve the character of the Conservation Area. While the applicant has proposed a small extension to the front wall and garden area it is considered that this is a modest area of extension and by means of the wall's material finish and style to match the existing ensures the Character of the St Mark's Conservation Area remains undisturbed and protected from inappropriate development.
6.4 While the submitted drawings include the planting of a new escallonia hedge along the existing wall it must be noted that the planting of a hedge whether within or outside of a Conservation Area is not considered to be development that requires planning approval.
CONCLUSION 7.1 The application comprises three elements of development that are considered to be modest and reasonable in their proposal due to their form and finish being in keeping with the existing appearance of the dwelling and with the general character of the wider Conservation Area. The proposal also generates no impacts on existing highways or roadside drainage. As such the application complies with EP 35 and GP 2.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The decision maker must determine:
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o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. __
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: 14.12.2017
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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