182856

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/00068/B Applicant : Mr Lee Copeland Proposal : Erection of detached garage (retrospective) Site Address : 1 Snaefell View Jurby Isle Of Man IM7 3BF

Principal Planner: Miss Abigail Morgan Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 09.04.2019 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The proposed detached garage may be used only in association with the main dwellinghouse 'No. 1 Snaefell View' and for purposes incidental to the main use of the main dwellinghouse as a single dwelling.

Reason: To ensure that the building is only used in association with the main dwellinghouse.

C 2. The details set out in the Supporting Information, in particular the installation of the new roller doors and patio doors and removal of the electrical meter, date stamped received 18 January 2018, shall be carried out within 3 months of the date of this approval.

Reason: To ensure that the building is only used in association with the main dwellinghouse.

C 3. As set out in the Supporting Information the sod bank shall be reinstated to match the dimensions of the existing sod bank (width and height) shall be carried out within 4 months of the date of this approval, unless otherwise agreed in writing by the Department.

Reason: In the interests of highway safety and to ensure that the building is only used in association with the main dwellinghouse.

Plans/Drawings/Information;

This approval relates to the plans and supporting information date stamped received 18 January 2018. __

Interested Person Status - Additional Persons

None

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Officer’s Report

0.0 BACKGROUND 0.1 Approval was given in 2013, 13/00190/B, for the erection of a detached garage and driveway extension. Sometime after it was brought to the attention of the Department the building had not be constructed in accordance with the approved plans and was also being used separately from the main dwelling.

0.2 This application has been submitted in relation to the enforcement action to regularise the building as built and ensure it remains associated with the main dwelling.

1.0 THE APPLICATION SITE 1.1 The application site is the residential curtilage of No. 1 Snaefell View, a two storey semi detached dwelling sited on a corner plot on the eastern side of Snaefell View and northern side of the A14 Ballamenagh Road, Jurby. The application property adjoins No. 2 Snaefell View to the north east.

1.2 The existing dwelling is finished in half brick work and half render and has a pitched roof finished in tiles with a central chimney stack at the junction with No. 2 Snaefell View. To the front of the dwelling is an open lawned area with an enclosed garden area to the rear bounded by timber fencing to the highway and adjoin property and gorse vegetation to the rear adjoining field.

1.3 The surrounding area is characterised residential properties of a similar design, form and appearance with a number of properties of The Threshold of a bungalow form.

2.0 THE PROPOSAL 2.1 The planning application seeks approval for the retention of the existing garage/building with attic over in the rear garden of No. 1 Snaefell View, to be used incidental to the main dwellinghouse.

2.2 The building is 7.4 metres in length, 6 metres wide and overall height of 4.8 metres.

2.3 There are also two roof lights installed on the south western roof pitch measuring 1 x 0.8 metres. On the southern elevation is a would be a UPVC framed window, as there would be on the south east elevation, one PVC door and an external door with internal patio doors. The building is constructed of brick that matches the main dwellinghouse.

3.0 PLANNING HISTORY 3.1 PA 12/01434/B: Erection of a detached garage and driveway extension. Under this planning application, the proposed garage measured 8 metres in length, 6 metres wide and had a maximum proposed height of 5.1 metres. This previous planning application was refused on the grounds that the proposed detached garage was not deemed to respect the site or surrounding area by reason of its scale, size, form and design and would appear as an overbearing and prominent structure, adversely impacting upon the residential amenity of No. 2 Snaefell View contrary to General Policy 2 (b, c, and g) of the Isle of Man Strategic Plan.

3.2 PA 13/00190/B: Erection of a detached garage and driveway extension. This scheme was an amended plan further to the refusal in 2012 and was approved.

4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application site is within an area designated as Predominantly Residential use under the 1982 Isle of Man Development Plan. 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains one policy that is considered specifically material to the assessment of this current planning application:

General Policy 2 states:

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"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:

(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; (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;

5.0 REPRESENTATIONS 5.1 Highways have a made a number of comments in relation to the application, the main concerns are the potential for alternative access but would oppose any commercial use of the facility which includes the gym and the proposed shower. While Highway Services has requested that the application is deferred to allow the applicant to consider their comments, it is considered that conditions can imposed to address the issues raised. 28.02.2018.

5.2 Jurby Commissioners raised concerns about the loft space being used as a gym, as they consider it could be a fire hazard. 26.02.2018

6.0 ASSESSMENT 6.1 This proposal is to regularise the existing development in its current form. The main changes to the previously approved scheme are that it is not proposed to be a vehicular garage but has been constructed to be more of an garden room. The size and overall design remains the same as previously approved.

6.2 It has been previously assessed that the development proposed is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the natural environment or cause undue harm on public amenity. No significant material circumstances have altered since the original approval was issued.

IMPACT ON RESIDENTIAL AMENITY 6.3 The main change is the use is no longer proposed to be a garage but more of a garden room/storage. It is not considered that this type of use would be unacceptable in a residential area. 6.4 This application is to regularise the building as it currently exists and as with any other similar application the main issue is to ensure that it remains incidental to the enjoyment of the main house.

6.5 Despite the planning and enforcement history this application cannot simply be refused for the sole reason of the potential use as a separate unit. It is within a limited residential curtilage and served by a single access so would not appear to be suitable for use as a self contained dwelling. Should the application be permitted, a condition will be added to ensure that the proposed detached garage remains ancillary to the main dwellinghouse and is used for purposes incidental to the main use of the main dwellinghouse as a single dwelling.

6.6 In addition, the proposed building would need a planning application if the building was to be used as additional separate living accommodation and the Town and Country Planning (Permitted Development) Order 2012 would not allow the replacement of the garage door as this only covers the replacing of garage doors that are attached to the main dwellinghouse.

HIGHWAYS 6.7 Highway Services have made raised some issues, with particular regard to the installation of a shower which they consider suggests it could be used for commercial purposes which would not be acceptable in highway terms. However they do not oppose the domestic uses of the building.

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The application is for the retention of a building to used ancillary to the main dwelling, there is no reference to any proposed commercial use (which would require a further planning application if this was the intention in the future) and the application should be assessed on the information submitted. In any event conditions are proposed to ensure that the building remains ancillary to the main dwelling.

OTHER ISSUES RAISED 6.8 The Commissioners have raised some concerns about the use of the loft space by the occupiers as an increased fire risk. This would be a building control issue and as such is not considered pertinent to the current planning application.

7.0 CONCLUSION 7.1 Overall it is concluded that the planning application accords to the provisions of General Policy 2 and paragraph 8.12.1 of the Isle of Man Strategic Plan 2016 by reason of its scale, size, form and design.

8.0 RECOMMENDATION 8.1 It is recommended that the application be approved, subject to conditions.

9.0 INTERESTED PERSON STATUS 9.1 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.

9.2 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 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 : 11.04.2019

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

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