Loading document...
Application No.: 20/00572/LAW Applicant: Wade Miles And Kathleen Rogerson Proposal: Certificate of Lawful development for conversion of garage door Site Address: Sheean Ny Marrey Main Road Kirk Michael Isle Of Man IM6 1ED Senior Planning Officer: Mr Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 23.07.2020 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. The evidence submitted sufficiently demonstrates that the alterations to remove the garage door and installation of patio doors on the front elevation of the building have been in situ for a period in excess of 4 years
Plans/Drawings/Information; This decision relates to the submitted documents and drawings all received 5th May 2020. _______________________________________________________________
Additional Persons
1.0 THE SITE The application site is the residential curtilage of a detached property called 'Sheean Ny Marrey', Main Road, Kirk Michael. The property is situated on the north western side of the road. The property is relatively new being the result of approved planning application 98/01984/B which was approved 11th may 1999. - 1.1 The main dwellinghouse is two stories high with a pitched tiled roof with parking to the front. To the east elevation is an attached annexe building finished in cob stone with brick accents around the reveals with inset patio doors and glazed side panels.
2.0 THE PROPOSAL AND EVIDENCE SUBMITTED - 2.1 The application is a certificate of lawfulness for the conversion of a garage door to patio doors. - 2.2 The applicant has provided photographs of the buildings front elevation dated in 2016 showing the patio doors and glazed side panels in place and a supporting letter explaining the circumstances; "these works were completed prior to the completion certificate being issues in February 2016 because it was found that the solid door stopped any natural light from entering into the room making it difficult without the added addition of extra lighting via extension cables. In addition we found the solid door not in keeping with the existing building and found the glass doors were much more aesthetically pleasing whilst providing much needed light and ventilation". The applicant further notes their situation has now changed with the family growing up and moving on, we are looking to use part of the house as additional tourist accommodation to give us some additional income when we are not involved in hobbies, crafts or having family and guests staying". - 2.3 Also accompanied with the application is a Building Control Completion certificate dated 19/02/2016 which was for a; 2 storey extension consisting of attached garage with stairway to shower/WC and storeroom over, (Porch exempt works)
3.0 RELEVANT PLANNING POLICY AND GUIDANCE - 3.1 In terms of local plan policy, the application site is within an area designated as 'Predominantly Residential' use by the Kirk Michael Local Plan. The site is situated within the Kirk Michael Conservation Area. - 3.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application; - 3.3 General Policy 2 (GP2) (in part) 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:
3.4 Environmental Policy 35, which states: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.
4.0 PLANNING HISTORY - 4.1 09/01036/B - Erection of extensions to provide a garage and additional living accommodation. Approved.
98/01984/B Erection of dwelling, Land adjacent to Michael Youth Centre. Permitted. 95/00871/B Erection of dwelling, Land adjacent to Michael Youth Centre. Permitted on Review. 92/00759/B Erection of dwelling, plot adjacent to Michael Youth Centre. Permitted on Review. 89/00697/A Approval in principle to erect a dwelling on site of garden. Permitted.
5.0 REPRESENTATIONS - 5.1 Michael Commissioners have written to advise they have no objection (07/07/20) - 5.2 Highways Services commented (23/06/20) to advise the do not object (No highways Interest).
6.0 ASSESSMENT - 6.1 The assessment of the application requires the examination of the information available in order to determine whether there is either sufficient or insufficient evidence, that on the balance of reasonableness the development has been in excess of 4 years. - 6.2 Whilst the level of information supplied is sparse, in considering the retrospective aspect of the proposal, the works are contained to the front elevation and would appear in keeping within the front elevation. Whilst the property is within a conservation area, the dwellinghouse is a relatively modern building by comparison to the surrounding area and the proposed alterations to change the garage doors to patio doors would not be considered an incongruous feature in the front façade. Any views of the patio doors would be read in the context of the dwellinghouse and would not appear out of character. - 6.3 Having visited the site it seems apparent that the patio doors were installed a number of years ago and not recently, however it is not possible to determine exactly how long they have been in place. The evidence submitted would clearly show the stages at which the proposed garage was constructed and when the patio doors were installed which would be inexcess of 4 years ago or prior to 2016.
7.0 CONCLUSION - 7.1 Having assessed the above, visited the site it would appear the evidence provided sufficiently demonstrates that the alterations to remove the garage door and insallation of patio doors on the front elevation of the building have been in situ for a period in excess of 4 years, as such, the Department may not issue an enforcement notice due to the provisions of Town and Country Planning Act 1999 Schedule 4 Part 1 paragraph 3(a) and it is recommended that a Certificate of Lawful Development is granted.
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 : Certificate of Lawful Use/Devel Approved Date : 04.08.2020 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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.
Copyright in submitted documents remains with their authors. Request removal
View as Markdown