176363

==== PAGE 1 ====

                                      18/01304/B                                     Page  1  of  5

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/01304/B Applicant : Mr John & Mrs Tonia Mutch Proposal : Alterations and erection of an extension Site Address : Fieldings Main Road Ballaugh Isle Of Man IM7 5EF

Principal Planner: Mr Chris Balmer Photo Taken : 17.01.2019 Site Visit : 17.01.2019 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 22.01.2019 __

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.

C 2. The additional accommodation hereby approved within the extension may only be used in association with the main dwelling house "Fieldings" and for purposes incidental to the use of main dwelling house "Fieldings" as a single dwelling, for no commercial purposes and only in accordance with the internal layout shown on plan JM1/3 received on the 17th December 2018.

Reason: To ensure proper control of the development, to avoid any future undesirable fragmentation of the dwelling/curtilage and the proposal is not to create a separate unit of accommodation, which would be subject to different policies of the Strategic Plan.

C 3. The front raised terrace shall not be used until a 1.8m high obscure glazed screen has been erected along the eastern side of the terrace and retained thereafter.

Reason: In the interest of neighbouring amenities.

C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.

==== PAGE 2 ====

                                      18/01304/B                                     Page  2  of  5

Reason: To control development in the interests of the amenities of the surrounding area.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers JM1/1A, JM1/2 and JM1/3 all received on 17th December 2018.

__

Interested Person Status - Additional Persons

None __

Officer’s Report

THIS APPLICATION IS REFERRED TO PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 THE APPLICATION SITE 1.1 The application site is the residential curtilage of Fieldings, Main Road, Ballaugh, a single storey detached dwelling sited on the southern side of Main Road and east of Ballaugh Bridge. The property has gardens to the front, side and rear of the property, with a in and out driveway arrangement, with parking spaces on the front driveway.

2.0 THE PROPOSAL 2.1 The planning application seeks approval for the alterations and erection of an extension to the side of the property (eastern elevation). The extension would have a width of between 8.7m and 6.9m, a depth of 15.5m and a ridge height of 5.4m. The application would provide additional living accommodation in the form of a living room (kitchen units appear to be shown also), ensuite and bedroom. The application form indicates that the accommodation would be used to allow three generations of the same family to live together. The new extension would have an internal link between the new accommodation and existing dwelling.

3.0 PLANNING HISTORY 3.1 There are no previous planning applications which are considered relevant in the determination of this application.

4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application site is within an area designated as an Area of High Landscape or Coastal Value and Scenic Significance i.e. not designated for development under the IOM Development Plan 1982. The site is not within a Conservation Area.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following 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)

==== PAGE 3 ====

                                      18/01304/B                                     Page  3  of  5

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 or 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 different 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 16 states: "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."

4.7 While the land use designation states the site and all other residential properties on the southern side of the Main Road of Ballaugh as being within land not designated for development, it is clear that what exists on site/area does not reflect this. Accordingly, General Policy 2 is considered relevant to consider also which states:

"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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (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;

==== PAGE 4 ====

                                      18/01304/B                                     Page  4  of  5

(i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

5.0 REPRESENTATIONS 5.1 No representations received at the time of writing this report.

6.0 ASSESSMENT 6.1 The key issues to considerer in the assessment of this planning application are firstly the potential impacts upon the visual amenities of the street scene; secondary the potential impact upon neighbouring residents and thirdly the use of the proposed accommodation.

POTENTIAL IMPACTS UPON THE VISUAL AMENITIES OF THE STREET SCENE 6.1 Given the land use designation HP16 needs consideration which states that 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. While the proposal would increase the level of development on this site, it is considered given the location of the site, in a clear established line of built development, which forms part of Ballaugh Village (rather than an isolated dwelling in the countryside) would be appropriate in this case. Further, the proposed extension in terms of its proportion, form, scale and design are in keeping with the property and would also still retain a landscaped buffer to the east part of the site. Accordingly, it is considered to be an acceptable form of development in this respect complying with GP2.

POTENTIAL IMPACT UPON NEIGHBOURING RESIDENTS 6.2 The only dwelling potentially affected by the works would be the neighbouring property Holly Bank (east of site) which is set forward of the application dwelling/extension and has a garage building which would run parallel with the proposed extension. It was noted when visiting the site that a mature hedgerow exists (section of hedgerow which runs parallel with proposed extension to be removed and replanted). Further, the neighbouring property has a bay window (serves living room) which would directly look towards the proposed new raised terrace, which is forward of the new extension.

6.3 It is not considered the proposed extension would have as significant impact upon neighbouring amenities (loss of light, overbearing impact and/or overlooking), namely given the extensions design & siting, existing/proposed boundary treatment and given the size/position of the neighbouring garage.

6.4 The only area of concern is the proposed raised terrace to the front of the new extension, which would have direct views into the neighbouring bay window, which would be approximately 8m away. Accordingly, a condition should be attached which requires an obscure glazed screen (1.8m in height) to the eastern elevation of the raised balcony be installed. This would prevent any directly overlooking, while also not have an overbearing impact/loss of light to the neighbouring occupants.

USE OF PROPOSED ACCOMMODATION 6.5 The proposal does include accommodation for the applicant's family which consists of a living room, bedroom, ensuite and a small kitchenette/kitchen area. There can be concerns that such development could be considered to be tantamount to the creation of a new dwelling in the countryside which is generally resisted. However, in this case the proposed extension is

==== PAGE 5 ====

                                      18/01304/B                                     Page  5  of  5

physically attached to the main dwelling house and is internally linked to the main dwelling house. The accommodation within the extension would also share the same garden and driveway etc. Accordingly, in this case the generally concern that the accommodation being created could be sold and/or used independently from each other in the future is satisfied in this case.

7.0 CONCLUSION 7.1 Overall it is concluded that the planning application accords with the provisions set out in Isle of Man Strategic Plan 2016 and as such the planning application is recommended for approval.

8.0 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: 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : ...Permitted... Committee Meeting Date:...11.02.2019

Signed :...C BALMER... Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.