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19/00346/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00346/B Applicant : Mr Illiam Christian Proposal : Renovation and extension of two existing cottages for use as a single residential dwelling or as a single unit of tourist accommodation along with creation of associated vehicular access, driveway and parking Site Address : Ballerghey Cottages Lhergy Cripperty Union Mills Isle Of Man
Planning Officer: Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 17.07.2019 __
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. Prior to any of the approved works taking place to renovate or extend the existing buildings, the access approved under planning application 16/00498/B shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.
Reason: To ensure safe access during the construction period in the interest of highway safety
C 3. Prior to the occupation of the development hereby approved the car parking and manoeuvring areas shall be provided in accordance with the approved drawings and remain free from obstruction thereafter.
Reason: To ensure that the strategic plan car parking standards are met and in the interest of highway safety.
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) there shall be no alterations, extensions, outbuildings, fences or walls erected without prior planning approval.
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Reason: To control development in the interests of the amenities of the surrounding area.
Plans/Drawings/Information;
This approval relates to drawing numbers 01, 02, 03, 04, 05, 06, 07, 08_A, 09_A, 10_A, 11_B, 12_A, 13_A, 14_A, 15_A, 16_A, 17_A, 18_A, 19_A and 20 all date stamped and received 25/03/2019. __
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):
The owner / occupier of Highcroft, Ballavitchel Road, Crosby - ] as they do no satisfy all the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is a irregular shaped parcel of land running along the northern side of the Lhergy Cripperty highway in Braddan. Within the site is a pair of detached tholtans arranged side-by-side and parallel to the highway. Neither has its roof, but otherwise both are complete and each is formed of Manx stone. At present there is no highway access to either tholtan.
1.2 The site has recently been approved under planning application PA 17/01141/B for the renovation and rear extension of each tholtan to provide two residential dwellings including the creation of associated vehicular access and driveway parking for up to four vehicles. The application also included the additional use of the two units as two tourist units.
2.0 DESCRIPTION OF THE APPLICATION 2.1 The current application now seeks planning approval for the works as already approved under PA 17/01141/B however now seeks further approval for the introduction of link between the two tholtans and their proposed combined use as a single residential unit or as a single tourist unit.
2.2 The proposed link is to be located towards the rear and joining with the extensions at the rear. The flat roof link will sit 4.5m behind the front elevation of the tholtans and will appears somewhat best described as a solid painted rendered wall. On the rear elevation the link will be predominately glazed.
3.0 PLANNING HISTORY 3.1 The site has previously been approved for "Renovation and extension of two existing dilapidated cottages for use as residential dwellings and additional use as tourist accommodation along with creation of associated vehicular access, driveway and parking" under PA 17/01141/B. This application is still valid and could be implemented at any time up until 16.02.2022. The application was also approved subject to a number of conditions:
o C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
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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.
o C 2. Prior to any works taking place to renovate or extend the existing buildings, the access approved under planning application 16/00498/B shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter. Reason: To ensure safe access during the construction period in the interest of highway safety
o C 3. Prior to the occupation of any dwelling the car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter. Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
o 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) there shall be no alterations, extensions, outbuildings, fences or walls erected without prior planning approval. Reason: To control development in the interests of the amenities of the surrounding area.
3.2 PA 16/00498/B was approved for alterations to an existing vehicular access serving Ballalhergy, the application sought to improve visibility from the existing access and was approved with conditions requiring visibility being maintained free from obstruction and the need for the re-planting of replacement trees. This application was approved on 23rd August 2016 and its 4 years expires on 23rd August 2020.
4.0 PLANNING POLICY 4.1 The site lies within an area of land not zoned for any kind of development, and which is also zoned as being of High Landscape Value on the 1982 Development Plan.
4.2 Given the current planning status of the site and that PA 17/01141/B could be implemented up until 2022, it would not be unreasonable as part of this application to assess only the addition of the link and the change of use to a single planning unit and single tourist unit. In any case the most relevant policies would be:
4.3 Environment Policy 2: 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.
4.4 Housing Policy 13: "In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost. Where: (a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and (b) there is an existing, usable track from the highway; and where (c) a supply of fresh potable water and of electricity can be made available from existing services within the highway.
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This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement buildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space(3) measured externally, the extension measures less than 50% of that of the original)."
4.5 Business Policy 13: "Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents."
4.6 Appendix 7 - Parking Standards "Typical Residential - 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling."
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 DOI Highway Services -Do not oppose subject to conditions (02/05/2019) - conditions relating to the proposed parking and site access road to be provided and permanently maintained as such unobstructed prior to the occupation of the dwelling, and for the highway improvements of the existing Lhergy Cripperty/private road junction to be implemented as per the approval for PA 16/00498/B prior to the commencement of any development at the site. These conditions follow suit with those put forward as part of approved 17/01141/B.
5.2 Braddan Parish Commissioners - no objection (29/04/2019).
5.3 The owner / occupier of Highcroft, Ballavitchel Road, Crosby - OBJECTION (13/04/2019)
6.0 ASSESSMENT 6.1 Taking into consideration the extant approval of PA 17/01141/B which is still within its 4 year validity and implementation period, it is considered that there are two main issues for consideration in the case of this application 1) the visual impact of the proposed link, and 2) the proposed use of the site as a single residential unit or as a single tourist unit.
LINK EXTENSION 6.2 The proposed flat roof link is 3.5m wide x 3.5m deep (projecting backwards into the site). The link sits 4.5m back from the front elevations of both cottages and visually remains subordinate to the main structures. From the road, views will be limited due to its recessed position and maintaining the individual identity of each cottage from the roadside. While views may be achievable at acute angles or by those passing the site on foot, its visual appearance could perhaps be deceived as a garden wall. The proposal will infill an existing space towards the rear of the site, the containment within the site helps to limit the impact on the wider AHLV and is expected to have an overall negligible impact on the streetscene.
USE AS SINGLE RESIDENTIAL/TOURIST UNIT 6.3 The site has extant approval for two units, the reduction to one unit (whether for single residential use or single tourist use) will result in the subsequent reduction in associated persons, traffic and comings and goings from the site. The application still provides access and
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off road parking for up to 4 vehicles which is in line with those standards of the strategic plan, and there are no immediate neighbours whose amenities would be compromised as a result of any tourist use. The proposal for a single residential or single tourist unit would not be unacceptable in this case.
7.0 CONCLUSION 7.1 The site has been subject to a previously approved application for a similar scheme which has set the acceptable principle for development here. The proposal now presents an additional link extension and the use of the site as a single planning unit (residential or tourist). Given the positive finding for both the link extension and reduced level of use, the application is recommended for approval, subject to a number of conditions which seek to safeguard the highway safety of the development and reiterate those of approved PA 17/01141/B.
7.2 The proposal as a whole in its own right may be considered contrary to the development plan, however in this instance given the planning history of the site, it is considered that the current application presents relatively minor modifications to a previously approved scheme and as such is not required to be determined by the Planning Committee in line with 3(1) of the DEFA Standing Orders (Planning Committee) No. 2018/01.
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 Planning Committee 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 can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 19.07.2019
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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