Monks Walk Bridge Road Ballasalla Isle Of Man IM9 3DQ
Case Officer:
Miss Laura Davy
Photo Taken:
21.02.2012
Site Visit:
21.02.2012
Expected Decision Level:
Planning Committee
THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE FOR CONSIDERATION AT THE REQUEST OF THE SENIOR PLANNING OFFICER AS THE PREVIOUS APPLICATION WAS DETERMINED BY THE COMMITTEE.
Introduction
This application seeks permission for the erection of an extension to an existing shed which is within the curtilage of a detached dwelling within an area zoned as Private Estate. Whilst the application is not in accordance with the relevant policies of the Isle of Man Strategic Plan the application is considered to be acceptable.
The Site
The application site is the curtilage of Monks Walk, Bridge Road, Ballasalla which is an existing dwelling situated alongside the A7 to the south west of Ballasalla. To the east of the site is a lane leading to Hunter's Lodge and Ballasalla House. The site also includes the immediate curtilage of Monk's Walk and two fields which are undeveloped. Under the previous application and having had a look at aerial photographs the middle field is part of the residential curtilage.
The site abuts the curtilage of Hunter's Lodge to the south and Ballasalla House to the south west of this.
There is an existing shed in the middle field against the stone wall, there is also an open side structure to provide shelter for the applicant's boat. The existing shed is approximately 2.2m in height; the adjacent boat shelter is approximately 3.8m in height.
The existing shed is constructed of timber with timber doors to the front, the boat shelter is held up by wooden posts with plastic sheeting over it.
The Proposal
The application seeks approval for the erection of an extension to the existing timber shed. The extension would follow the roof line of the existing shed and it would be supported on posts. The extension would not have sides. The extension would measure approximately and would be approximately in height.
Planning History
The most recent previous application was in 2011 which was for the erection of the boat shelter. This application was approved.
The existing shed does not benefit from planning permission but the applicant has previously been advised that no enforcement action may be taken in this respect.
Development Plan Policies
The application site is in an area zoned as "Private Estate" on the 1982 Development Plan. On the draft Southern Area Plan the site lays within an area of residential use with associated fields as undesignated open space, the middle field has not been included in this designation, whilst the field is not zoned as residential it does form part of the curtilage of this property. It is appropriate to consider General Policy 3 of the Isle of Man Strategic Plan (20th June 2007).
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 land¹ 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 11, 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.
Consultations
Highways Division has not commented
Malew Commissioners felt that they were unable to comment on the application as they have no record of planning having been granted for the existing shed.
The owners/occupiers of Ballasalla House, Ballasalla object. They feel that the applicant has abused procedure to the fullest extent and that the neighbours have never had the opportunity to advance their feelings about the huge and ugly succession of sheds. They feel that the Planning Authority have been deceived into allowing a "Permitted Development" of a huge shed and feel that the Planning Authority are again in danger of creating a permanent permission for a shed constructed on the notion of temporary status but with a permanent intent.
The owner/occupier of Hunters Lodge, Bridge Road, Ballasalla objects to the proposal. They feel that there is an expectation that retrospective applications are nearly always permitted if not 'rubber stamped' and that the applicant has previously shown scant regard for the need to obtain planning approval. The rebuilt shed referred to in this application was excessively enlarged, objections to this were lodged but they were outside of the four year cut off. The shed occupies a ground area of approximately 48sq metres which they feel is adequate to accommodate the items shown stored in the
proposed extension. The adjacent boat shed has not been shown on the site plan, they feel that the site plan does not adequately demonstrate the degree of building development on this very rural/residential situation. They are concerned with creeping building extensions. They strongly object as it constitutes an ongoing intention to injuriously overdevelop this site with inappropriate, ugly constructions.
Assessment
The proposed extension is considered to be a simple structure which would adjoin the existing shed. It would be at the same height as the existing roofline and would be within the footprint of the original shed. There is an area of concrete hard standing adjacent to the existing shed which appears to have been the footprint of the original shed.
The occupiers/owners of the neighbouring properties queried the existing shed, but as mentioned above, the shed has been there in excess of four years and is therefore exempt from prosecution.
The neighbours also have concerns regarding the amount of development on this piece of land. The existing shed has become lawful as it has been there in excess of four years; the boat shed has a temporary permission and must be removed by 31st July 2013. The existing shed, whilst fairly large is quite a common storage design which is often seen within the curtilage of residential properties.
The proposed extension to the shed would not increase the impact of the development when viewed from the public thoroughfare. The existing shed provides screening from the public thoroughfare and the boundary wall also provides screening of the existing shed and the proposed extension.
When viewed from the gardens of Hunter's Lodge the main bulk of the existing shed is visible, given that the extension of the shed would not have any walls and would only be a roof supported by metal posts, it is considered that the proposal would not unduly increase the impact of the shed when viewed from the neighbouring property.
Given the scale, design and siting of the proposed development it is considered that the impact to the neighbouring properties in terms of visual amenity would not be as such to warrant refusal of the application.
For the above reasons the application is considered to be acceptable and is recommended for approval.
Party Status
The local authority, Malew Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
The neighbours at Hunter's Lodge and Ballasalla House are alongside the site and should be afforded party status.
Recommendation
Recommended Decision: Permitted
Conditions and Notes for Approval / Reasons and Notes for Refusal
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. This permission relates to the erection of an extension to the existing shed as shown in drawings Location Plan, Site Plan, Plans, Elevations and Photographs received 31st January 2012.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made: Approved Committee Meeting Date:
Signed: Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☑ YES / ☐ NO
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