Officer Report

Application No.: 17/00021/B Applicant: Mr Andrew Bennett Proposal: Erection of double garage with sun room over and extension of residential curtilage to include land forming part of adjacent property 'Kionslieu' Site Address: Thie Vane Truggan Road Port St. Mary Isle Of Man IM9 5AX Case Officer : Miss S E Corlett Photo Taken: 24.01.2017 Site Visit: 24.01.2017 Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The site is the curtilage of an existing dwelling, Thie Vane, which sits on the Truggan Road facing north towards Four Roads. The site stretches rearwards to join Howe Road where there is a garage and driveway onto that road. That garage sits to the east of Kionslieu which fronts onto Howe Road and whose curtilage stretches down to Truggan Road alongside Thie Vane. - 1.2 Thie Vane has no vehicular access off Truggan Road. Kionslieu has a vehicular access from Truggan Road leading into an outbuilding which sits close to Truggan Road. Truggan Road is relatively narrow with limited forward visibility in places, particularly in the vicinity of the application site and especially when vehicles are parked on the road due to the narrowness of the road and its alignment. Few of the properties fronting Truggan Road in this area have off street parking spaces available to them. This Vane sits on the main bend in the road. - 1.3 The site rises from Truggan Road towards Howe Road which is significantly higher. - 1.4 The application property is an attractive and interesting two and a half storey property with two storey projecting front gables and a first floor central balcony. The building is rendered with white detailing around the corners and above the window heads. There are two pedestrian gates off Truggan Road and the front garden area is paved with steps leading up from the road to the front door. - 1.5 The garage next to Kionslieu is a flat roofed double structure. Kionslieu is positioned such that one elevation looks directly towards the garage. - 1.6 The house further along from the application building and the neighbour's outbuilding is Cliff View, a traditional two storey property with single storey projecting front bays and no windows in the first floor of the gable facing towards the application site over the neighbour's garden. - 1.7 The application site wall is in poor repair and the site in general has a feeling of neglect. It does not presently contribute positively to the streetscene. THE PROPOSAL

2.1 The applicant has previously tried to alter the garage but has met with difficulty due to its relationship with Kionslieu (see Planning History) - any attempt to make it taller will risk adversely

• affecting the outlook from this property. As such, the owners of both properties have discussed the issue and have agreed a land swap such that the existing garage off Howe Road is transferred to Kionslieu and a portion of the lower garden of Kionslieu will be transferred to Thie Vane such that a garage may be built alongside off Truggan Road. A large proportion of the lower garden of Kionslieu, including the outbuilding and access, will remain with that property.
• 2.2 This application proposes the erection of a garage to the west of Thie Vane. The garage will be set back from the road by 15m with land excavated up to a height of 6m to accommodate the new garage which will have a footprint of 7m by 7m and an eaves level of 3.4m and a ridge of 6.5m with

• a roof pitched at 40 degrees to match the projections on the front of the house. The space above the garage - some 27 sq m will be accessed from the existing steps and platforms in the rear garden. No internal stairs are proposed. The space will have a balcony in front as the pitched roof does not cover all of the footprint. This balcony will have a glazed balustrade of around 0.5m height around the front and sides. An access door is proposed in the rear of the upper floor leading onto the raised pedestrian link.

2.3 The garage will be finished in render and slates to match the main house. - 2.4 A new access will be formed onto Truggan Road which will have sight lines in each direction of 24m from 2.4m back on the site. The wall will be reduced to no higher than 1.05m. Some of the visibility splay will be on land retained with Kionslieu and not within the control of the applicant.

PLANNING POLICY

3.1 The site and the properties alongside are within a small area identified as Residential on the Area Plan for the South (2013). As such, there is a presumption in favour of residential or associated development subject to the general standards of development as set out in General Policy 2 of the Strategic Plan as follows:

"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;

• f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• g) does not affect adversely the amenity of local residents or the character of the locality;
• h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• i) does not have an adverse effect on road safety or traffic flows on the local highways and m) takes account of community and personal safety and security in the design of buildings and the spaces around them".

PLANNING HISTORY

4.1 The site has been the subject of three previous applications: one for alterations to the decking and rear doorway (05/00204/B), one for the erection of a replacement garage (12/00675/B approved on appeal) and 15/01087/B proposed the erection of a detached garage with rear garden room which was withdrawn prior to a decision being taken.

4.2 The shed alongside Thie Vane but associated with Kionslieu, off Truggan Road was approved under 94/01154/B. REPRESENTATIONS - 5.1 The Senior Forestry Officer comments that the works are close to the RPA of an existing tree which is shown to be retained but which may well not survive the excavation, building and paving

works. He recommends that the tree is not of particular merit and a better solution may be to remove the tree as part of the works and to replace it with one of more appropriate siting and position (20.01.17).

5.2 Highway Services state that the proposal is to construct a double garage and driveway for a dwelling with access onto Truggan Road. There is existing vehicular access to the dwelling from the rear at Howe Road that is accessed via a set of steps due to a significant change in levels over the site. The access is to be located adjacent to the dwelling sharing a boundary wall with the neighbouring property. This wall restricts visibility to the left; visibility to the right is provided over the applicant's front garden. Visibility to the left, although restricted, is sufficient for emerging vehicles to see a vehicle approaching from the left at a distance of approximately 11m; this is sufficient taking into consideration the speed of traffic using the road. Truggan Road is a country road of variable width with no segregated pedestrian provision, its characteristics within the vicinity are such that traffic speeds are low and vehicles are positioned further into the carriageway and are therefore more visible. Highway Services does not oppose this application subject to the following condition:

1. Prior to any construction the access shown on ArchTec drawing no 1320.101 dated December 2016 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.

Reason: In the interest of highway safety (09.02.17).

5.3 Port St. Mary Commissioners have no objections to the application (26.01.17). ASSESSMENT - 6.1 The issues in this case are whether the proposed garage would have a satisfactory visual impact on the streetscene, whether there would be any adverse impact on the living conditions of those in adjacent property and whether there would be any adverse impact on highway safety.

6.2 The area where the garage is to be constructed is presently of limited visual benefit to the streetscene and a well designed garage as is proposed here will not detrimentally affect it although it will be a significant change. The removal of vehicles off the highway will also benefit highway safety and visual impact of the area generally.

6.3 There will still be some vegetation between the garage and the gable of Cliff View which will continue to provide privacy for that property in respect of its rear garden along with a distance of around 15m.

6.4 Highway Services have explained that whilst not providing the full specification of visibility splay due to land ownership and existing walling and vegetation, what is available is acceptable given the nature of the road and how it is used and by whom. - 6.5 The applicant and his neighbour have come to a mutually acceptable agreement in respect of land ownership which will enable a garage to be built where this is convenient and acceptable and as such the application is recommended for approval subject to conditions which clarify that the existing tree shown for retention may be removed if replaced with another of a more suitable species and in an appropriate location.

PARTY STATUS

7.1 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
• (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.

The Forestry Officer is within the same Department as the planning authority and as such should not be afforded interested person status under the Order.

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: 13.02.2017 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.

• C 2. Notwithstanding the retention of the existing ash shown on the approved drawing, this tree may be removed during works as it is unlikely to survive the proposed works which are very close to the root structure of the tree. If the tree is removed, a new tree must be planted in the first planting season following the completion of the works, in as close proximity to the ash as is practicable. Details of the species and position of this new tree must be approved by the Department prior to its introduction and the planting undertaken in accordance with the approved details. Once planted, the new tree must be retained and if within a period of five years from the completion of the development it dies, is removed, or becomes seriously damaged or diseased, it must be replaced in the next planting season with another of a similar size and species. Reason: to preserve the visual amenities of the area.

This approval relates to drawing 1320.101 received on 9th January, 2017.

I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 27.02.2017 Determining officer

Signed : J CHANCE Jennifer Chance

Director of Planning and Building Control

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