174293 — 19/00337/B | Planning Portal IoM | Isle of Man Planning Portal

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/00337/B Applicant : Mr & Mrs Peter Sharples Proposal : Alterations and erection of extension to replace existing conservatory and erection of detached garage. Site Address : Villa Rhencullen Rhencullen Kirk Michael Isle of Man IM6 2HA

Planning Officer: Mr Paul Visigah Photo Taken : 18.04.2019 Site Visit : 18.04.2019 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 08.05.2019 __

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:

The approval relates to Drawing 19 1304/01, 19 1304/02, 19 1304/03, 19 1304/04, 19 1304/05, Photograph Nos. 1 to 6 all date stamped received 22 March 2019 and 19 1304/06, 19 1304/07 and Photograph Nos. 7 to 8, date stamped received 17 April 2019.

Interested Person Status - Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not 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):

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of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __

Officer’s Report

THE SITE 1.1 The application site represents the curtilage of Villa Rhencullen, located to the north west of Kirk Michael village, on the western side of the A3 Main Road (also part of the TT Course). 1.2 The site lies within a group of buildings which are otherwise in the countryside. 1.3 The dwelling is screened by an existing highway side walk fence and roadside vegetation. 1.4 There are trees located on the western corner of the site which may be impacted by the development of the garage.

PROPOSAL 2.1 Planning approval is sought for alterations and erection of extension to replace existing conservatory and the erection of a detached garage at Villa Rhencullen, Rhencullen, Kirk Michael. 2.2 The garage would be constructed with a pitched roof and would accommodate a garage and two car ports to accommodate three cars. 2.3 The garage and car port will be located on the western corner of the site and will be 10.6 metres by 6.0 metres. The building height is 4.3 metres and the highest point (from the base of the building to the top of the roof pitch) 2.4 The extended drive way will be 6 metres wide and 14.275 meter long, covering an area of 85.65sq.metres. 2.5 The proposed garage will be built in single concrete block and piers to be finished externally to match the existing dwelling on the site. The proposed car ports are to be built in traditional oak frame comprising of vertical posts and A-frame trusses. The walls will be finished externally in open jointed high quality vertical timber cladding to be left untreated and to weather naturally. Windows will also be built to match the existing window units on site.

PLANNING POLICY 3.1 The site lies within a wider area of High Landscape Value and Scenic Significance on the 1982 Development Plan Order. As such, there is a presumption against development as set out in Environment policies 1 and 2 and General Policy 3.

There is no provision within General Policy 3 for the erection of domestic structures such as garages, sheds or such like, although some of these things can be built, subject to conditions, without planning approval under the provisions of the Town and Country Planning (Permitted Development) Order 2012. In this case, the proposed garage and car port would exceed the size provided in the Order and would be positioned further forward on the site than the dwelling, which would mean that it could not be built without planning approval.

3.2 Owing to the fact that the building on the site is a dwelling located within the countryside, the extension work to the dwelling will be guided by Housing Policy 16. Housing Policy 16: "The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public". However, the design for the proposed build conforms to the stipulated proportion, form and appearance of the existing property on site.

PLANNING HISTORY 4.1 The following previous applications are considered relevant in the consideration of the application: 1. Extension of kitchen and new entrance to Bungalow - 91/01006/B - PERMITTED

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2. Extension and conversion of existing garage into bedroom and bathroom. And erection of detached garage - 86/01258/B - PERMITTED 3. Construction of Conservatory and patio - 90/01750/B - PERMITTED

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. 5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is no highways interest in the letter dated 11 April 2019.

5.2 Senior Forester has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.

5.3 Manx Utilities Authority has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.

5.4 Michael Commissioners confirms that there is no objection to the planning application in the letter dated 1 May 2019.

5.5 The Owner of Thie Cullyn, Cloudy Lane, Rhencullen, the abutting property to the south west of Villa Rhencullen have stated that they have no objection to the application provided the application does not involve the creating of vehicular access on to Cloudy Lane; a situation that they feel will create difficulties with significantly restricted visibility splays to the entrance to Cloudy Lane.

ASSESSMENT 6.1 The issue in this case is weather the proposed works would result in any adverse impact on the character and appearance of the area. Whist there is no specific provision within the Strategic Plan for garages, there is an acceptance in the permitted Development Order that such structures can be acceptable. In this case, the extension will not increase the used impact of the dwelling and would thus comply with Housing Policy 16.

6.2 Also, the alterations and extension to replace the existing conservatory with a utility room does not detract from stipulated development guidelines, as it aligns with specifications in Section 8.12.2 of the strategic Plan, 2016.

6.3 Considering the proposed development, it should be noted that the garage does not undermine the character of the vicinity, as it is designed to mirror the prevailing design within the curtilage.

6.4 With regard to the trees on the site. It was observed that the garage might impact on the line of trees on the western corner of the site. However, upon visiting the site, it was observed that the proposed garage will not impact on the trees that line the western section of the site.

6.5 The opportunity to see the proposal from the highway is limited due to the presence of hedgerows surrounding the property. This serves as a buffer around the site and shelters the property from the A3 Main Road. However, it should be noted that a significant number of these tress have been felled, hence limiting the amount of cover provided by these trees.

6.6 Although the proposed garage, and the proposed construction work to convert the conservatory to a utility room are located on the western section of the site, and as such is hidden form the sight of the neighbours who are only located on the eastern corner of the property, there is the possibility of the work on site affecting the neighbouring properties who are 16.4 metres and 4 metres away from the construction area, respectively.

CONCLUSION

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7.1 For these reasons the proposal is considered to comply with the relevant polices of the Isle of Man. It is recommended that the planning application be approved.

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, in this case Department of Infrastructure Highway Services and (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: 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.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. AS a result, where officers within the Department make comments in a professional capacity they cannot be given interested person status.

Thie Cullyn as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date: 10.05.2019

Determining officer

Signed : S CORLETT Sarah Corlett

Principal Planner

Customer note

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