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19/00558/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00558/B Applicant : Mr Karl Hayes Proposal : Alterations and extension to provide additional living accommodation Site Address : Schiellings Dalby Isle Of Man IM5 3BR
Principal Planner: Miss S E Corlett Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.09.2019 __
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 the erection of any walling along the western boundary of the residential curtilage shown in drawing 5B, details of this boundary treatment must be approved by the Department and undertaken in accordance with the approved details. The boundary may not be a simple 4m high structure as shown in the submitted plans, but must be broken in form by setting back the upper part of the structure and if possible, introducing planting on the plateau between the two levels. This boundary must continue across the full length of the western boundary as shown in drawing 5B.
Reason: to create an appropriate boundary to the countryside.
Plans/Drawings/Information;
This decision relates to drawings 1 and 4 received on 14th May, 2019, 2A, 6 and 7 received on 13th August, 2019 and 5B received on 22nd August, 2019. __
Interested Person Status - Additional Persons
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It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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):
Ballacallin Farmhouse and The Cottage as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). __
Officer’s Report
THE SITE 1.1 The Shielings is an existing dormer bungalow situated on the southern side of the A27 which runs through Dalby. To the north of the site is a lane which runs west towards the coast. Immediately to the west is the curtilage of a former building which had planning approval but which lapsed and the building collapsed before the conversion scheme could be implemented. The application site initially included this land and sought permission for its use as part of the curtilage of the existing dwelling. The scheme was subsequently amended to omit this proposed extension to the curtilage (see plan reference 5B).
THE PROPOSAL 2.1 Proposed is a rearward extension to provide three new floors of accommodation with a roof terrace and ground floor terrace to provide a new bedroom with en-suite and dressing facilities on the lower ground floor, a gymnasium on the ground floor, sun lounge on the first floor and sun terrace within the partial slopes of the roof.
2.2 The extension will be faced in stone along with stone retaining walls at lower ground level and what appear to be planters in the top of the wall with landscaping at the base, although this is not shown on the floor plans.
2.3 The accommodation is designed for a resident with particular needs.
2.4 Following concerns raised, the scheme has been amended, removing the top floor of accommodation, lowering the top level of the pitched roof on top of the first floor of accommodation and the projection of the extension has been reduced by 1.5m. The accommodation will be finished in stone as viewed from the rear and the boundary to the area to the south is to be finished in stone - effectively stone walls up to 4m in height. The side elevations would be finished in render.
PLANNING POLICY 3.1 All of Dalby lies within an area of High Landscape Value and Scenic Significance on The Isle of Man Planning Scheme (Development Plan) Order 1982 with some areas of Woodland. Despite not being designated for development, the site sits within the confines of Dalby which is identified in the Strategic Plan as a village where development should maintain the existing settlement character (Spatial Policy 4). There is therefore a presumption against development in such areas although Housing Policy 16 provides guidance on extensions of non-traditional dwellings in the countryside as follows:
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.
3.2 The access alongside the property is a private lane and there is no coastal footpath to the west, unlike the route of the Raad ny Foillan to the south of Niarbyl which skirts the coastline. The rear of the property is therefore not publicly visible.
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3.3 Whilst not in an area designated for development, given the status of Dalby as a village and the property sits firmly within it, the Department's Residential Design Guide adopted in March 2019 and re-issued in July 2019 to include illustrations, provides advice on how to measure the impact of residential development on those in neighbouring property in terms of outlook, light and privacy and is considered a relevant consideration. The Guidance supports General Policy 2 which, whilst applying to development within areas designated for a particular purpose, sets out general standards of development which should be applicable to all developments in terms of the acceptability of the appearance of the works, its impact on neighbours and having regard to highway safety.
PLANNING HISTORY 4.1 The dwelling has only been the subject of one application for the addition of a porch (97/01323/B). The Cottage was the subject of an application for extensions which have been partially completed.
REPRESENTATIONS 5.1 Patrick Parish Commissioners have no objection (11.06.19).
5.2 Highway Services consider that there are no impacts on the highway from the proposed development (07.06.19).
5.3 The occupants of The Cottage object to the application, expressing concern at the time during which the site notice was displayed, and seeking confirmation that they will be advised of the commencement of work on the extension as they have a small baby and do not wish to be disrupted. They advise that previous applications which exceeded the rear building line have been refused and that the extension will have a visual impact on their property. They seek assurance that the owners will be occupying the dwelling whilst works are undertaken so that they can be overseen (24.06.19). No further comments were received following the submission of the amended plans.
5.4 The owners of Ballacallin Farmhouse which sits on the northern side of the access lane express concern that the property is currently rarely occupied and that there should be people living on site to oversee the works when they are undertaken. They suggest that the development will be highly visible from their property and express concern at the future of the mature trees which currently sit within the stone wall on the southern side of the lane and seek assurance that these trees, which currently screen the view of The Shielings from their property, will be retained throughout and after the development is undertaken They too would like confirmation that the development will not fall outside the building line on this side of the village as previous applications have been refused for this reason. Whilst they consider that they have few grounds for direct objection, they do consider that their outlook and views would be adversely affected by the proposed works (20.06.19). No further comments were received following the submission of the amended plans.
ASSESSMENT 6.1 The works will not be visible from a public perspective so the issues in this case are whether there would be any adverse impact on the living conditions of those in The Cottage and Ballacallin Farmhouse.
6.2 There will clearly be an impact on the view from Ballacallin Farmhouse whose frontage looks directly towards the side of The Shiellings. However, the protection of a private view is not a material planning consideration. The front windows of Ballacallin Farmhouse are 20m from the nearest part of the extension and there are no windows proposed in the northern elevation. Whilst there would be an impact in terms of their outlook having a greater building mass 20m away, it is not considered that the size of the extension and its distance from the frontage would result in an adverse impact sufficient to warrant refusal of the application,
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particularly given the more attractive outlook to the south west, past the extension, from this property.
6.3 The proposed works will not directly affect the future of the trees alongside the lane although their current situation, growing out of the stone wall, could limit their future health and growth. The removal of these trees would likely require a licence from the Department and subject to potential new planting to replace any trees lost.
6.3 There will also be an impact on the outlook from The Cottage, particularly from the western garden due to the increased building mass of the extension. However, this is a matter of view rather than outlook and it is towards the north where there is an expanse of outlook and view beyond the application building which has the backdrop of its boundary trees which also inhibit an open view in this direction. The advice in the RDG on how to measure impact on outlook from adjacent windows suggests taking a line at 45 degrees from any affected window and the proposed extension would in no way interfere with this arc of impact. Again, there are no windows in the side elevation facing towards The Cottage. 6.4 It is therefore concluded that there will be no adverse impact on the living conditions of those in adjacent property sufficient to warrant refusal of the application.
6.5 The proposed extension of the residential curtilage would have taken the residential area far beyond the curtilages of The Cottage and Ballacallin Farmhouse and in fact the existing residential curtilage already extends further west than do the other properties on this side of the road. The further expansion to the west would have created a disproportionately large garden for the area and would domesticise an area which should be part of the surrounding open countryside. The fact that there remains the ruins of a former building on the site does not affect this judgement.
6.6 The applicant would be content with a condition which restricts the curtilage to how it presently exists. Whilst the building may extend slightly further forward than do The Cottage and Ballacallin Farmhouse, the curtilage will not extend any further forward than it presently does and thus not breach any real or understood building line to the west of the settlement.
6.7 The proposed stone walling would be uncharacteristically high and potentially oppressive. This boundary needs to be redesigned in order to firmly define the western extent of the curtilage as in the plans there is an open area which gives access to the land beyond. These two issues could be addressed through a condition which restricts the extent of the curtilage and at the same time presents a rear boundary which is more sympathetic, perhaps stepping back the upper half and having planting introduced in the set back, perhaps climbing plants which would soften the impact of the height of the wall.
6.8 It would not be possible to control the occupancy of the property whilst the works are on- going and unfortunately there is no means through planning control of ensuring that development is undertaken expediently.
CONCLUSION 7.1 The development is considered to accord with the relevant Strategic Plan policies and the application is supported.
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
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(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.
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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: 14.10.2019
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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