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24/00182/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00182/B Applicant : Mr & Mrs Patrick & Suzie Bregazzi Proposal : Replacement of an existing timber garage/workshop with a new double garage complete with first floor studio/workspace. Site Address : Thie Jeroi Mullinaragher Road St Marks Ballasalla Isle Of Man IM9 3AQ
Planning Officer: Hamish Laird Photo Taken : 28.02.2024 Site Visit : 28.02.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 26.06.2024 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The garage/workshop building, hereby permitted, shall be used only for purposes incidental to the enjoyment of the dwellinghouse at Thie Jeroi, Mullinaragher Road, St Marks, and shall not at any time be occupied at any time other than for purposes ancillary to the residential use of the site as a single dwelling and only in accordance with the internal layout shown on plan 2401/03.
Reason: To ensure that the Garage/Workshop remains ancillary to the use of Thie Jeroi as the lawfully erected single dwelling on the site. This is due to the application site being located in the open countryside where planning permission for a separate unit of living accommodation would not be granted unless there was an identified and justified need - such as a requirement for an agricultural or forestry worker.
Note. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
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You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason. Overall, the proposed development is considered to be acceptable with regard to its visual impact, and potential impact on neighbouring residents amenity. The proposal accords with the provisions of General Policy 2 b) and c); and, Policies Env 1, and 2, and part of Env 42, as outlined in the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to the following drawings and documents date stamped and received 13 February, 2024, unless otherwise stated:
Drawing No. 2401-01 Site Location Plan; Drawing No. 2401-03 Proposed Garage - Plan, Section & Elevations; and, Site Plan; Architects Design Statement - February, 2024.
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Interested Person Status - Additional Persons
None. __
Officer’s Report
1.0 Site and Surroundings
1.1 Thie Jeroi, comprises a 2-storey, stone built, slate roofed, detached dwelling with a full- width front extension under a mono-pitch slate roof which in part contains and integral garage. A large detached, timber outbuilding that is used as a garage/workshop site located to the west of the dwelling. There is also a lean-to greenhouse attached to the rear of the garage, and a separate timber stable building located at the rear of the garden. The property is sited on the south side of Mullinaragher Road close to its junction with St Marks Road to the west. Immediately to the east of the site is the neighburing residential dwelling of Ballajeroi, which is a traditional 2-storey, Manx dwelling of white painted render under a pitched, natural slate roof, which is set back from the road and which also has an attendant, detached double garage to its east side.
1.2 The site is accessed by a drive from Mullinaragher Road which runs between the dwelling and garage/workshop up to the stables and which has an integral turning circle within its layout. The site lies in the countryside outside any recognised settlement boundary, and is screened from its surroundings on the south, east and west sides by mature trees and ponds. The land to the west of the dwelling is shown edged blue on the submitted site plan indicating that it is land also within the control/ownership of the applicant.
2.0 The Proposals 2.1 The full planning application proposes the "Replacement of an existing timber garage/workshop with a new double garage complete with first floor studio/workspace". This would involve:
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o The demolition of the existing garage/workshop and attached greenhouse. o The erection of a new double garage with a studio/workspace above. The new building would measure approx. 7.8m wide x 7.8m deep x 6.1m to the ridge; and, 4.5m to the eaves. It would be constructed from blockwork with a painted render finish to the ground floor level walls, and with vertical timber cladding to the first floor level. It would have a natural slate pitched roof with velux rooflights - 3 in the east facing; and, 1 in the west facing roofslopes. It would provide space for two vehicles plus secure garden machinery/cycle storage. o Wooden 4-fold garage doors with glazed inserts at eye level would be inserted in the north (front) elevation to provide vehicular access, with a double casement window above at first floor level. The west elevation would have a pithed roofed, dormer window with triple casement, full-height, glazed patio doors inserted in it leading out onto a 1.2m depth balcony above a ground floor triple casement window. The first floor accommodation would be accessed via an external staircase attached to the south side (rear) elevation. New upvc glazed doors and windows (Colour: Dark grey) would be applied to the new windows and first floor access door. o The roof space will be used as a studio/workspace. The dormer window and a small balcony would look out over the agricultural parcel of land and view out towards South Barrule. The multi-use space will have a WC and will act as a retreat from the main house and take advantage of the elevated views. o Works to provide a new external staircase to the room above the garage, with excavation works to provide new steps up to the raised rear garden area, plus a separate set of new steps up to the garden area; and, o A new area of hardstanding measuring approx. 5.0m x 6.0m to the front of the garage would be installed. The garage would utilise the existing vehicular access onto Mullinaragher Road.
3.0 PLANNING HISTORY
3.1 There are several applications relating to the site. Previous applications submitted by the current owners include:- o PA94/00652/C - Change of use from agricultural workers to private residence, Jeroliat Fruit Farm, Ballajeroi, Malew. (Permitted 30 September, 1994) o PA98/00315/B - Installation of replacement windows (Permitted July 1998) o PA96/01565/B (Permitted March 1997) - Erection of a stable block. o PA02/02262/B (Permitted Feb 2002) - Alterations and extension to a dwelling to create a dayroom. o PA04/00244/B (Permitted April 2004) - Amendment to PA02/02262/B for a larger dayroom and additional rooflight.
4.0 PLANNING POLICY
4.1 The site lies within an area designated on the Area Plan for the East (2020) as land not designated for a particular purpose. It is not within any Conservation Area, nor is it prone to flood risks. There are no registered trees on site, and the site is not within a registered tree area.
4.2 As such, the following parts of the Strategic Plan are relevant:
Given the nature of the application it is appropriate to consider General Policy 2, Environment Policies 1, 2 and part of 42; Housing Policies 15 and 16 of the Isle of Man Strategic Plan.
4.3 General Policy 2 of the Isle of Man Strategic Plan 2016 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;
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(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; (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;
4.4 Environment Policy 1 of the Isle of Man Strategic Plan 2016 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 of the Isle of Man Strategic Plan 2016 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 Environment Policy 42 states (in part): "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality."
4.7 Housing Policy 15 of the Isle of Man Strategic Plan 2016 states: "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)."
4.6 Housing Policy 16 of the Isle of Man Strategic Plan 2016 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."
5.0 REPRESENTATIONS
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5.1 Highway Services (26/2/23) comments that: "it has no highway interest (NHI) in application 24/00182/B."
5.2 Malew Parish Commissioners have considered the proposal and have no objection (5.3.24).
5.3 No neighbour representations had been received by the Report drafting stage.
ASSESSMENT
6.1 The dwelling has been lawfully erected having previously benefitted from the grant of planning permission Ref: 94/00652/C for a change of use from agricultural workers dwelling to a private residence, and with subsequent permissions for the erection of a stable block - PA96/01565/B Alterations and extension to the dwelling to create a dayroom - PA02/02262/B, which was subsequently amended by the approval of PA02/02262/B for a larger dayroom and additional rooflight. The principle of development within its curtilage is, therefore, accepted.
6.2 The fundamental issues to consider in the assessment of this planning application are:
(i) the provisions of Policy H15 and whether the cumulative impact of the extensions amounts to more than 50% of the original dwelling; (ii) visual impact of the proposed development on the character and appearance of the existing dwelling and upon the visual amenity of the surrounding area.; (GP2 b, c) (iii) the impact upon the amenities of any neighbouring or nearby residential properties (overlooking, loss of light; over bearing impact); (GP2 g)
6.3 Policy H15 of the Strategic Development Plan indicates that "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)."
6.4 There have been a number of previous applications affecting the property, most notably via approval of PA02/02262/B - Alterations and extension to the dwelling to create a dayroom - which was subsequently amended by the approval of PA02/02262/B for a larger dayroom and additional rooflight. However, the current proposals related to the demolition of the existing wooden garage and attached greenhouse structure and the building of a new double garage with a studio/workspace above. Whilst not an addition to the existing dwelling, it nevertheless represents an increased area of floorspace (ancillary residential accommodation) at first floor level, as well as introducing a taller domestic structure in the open countryside compared to that existing. The existing footprint of the garage and greenhouse measures approx. 64.86m2, whilst the new garage/workshop would have a footprint of approx. 51.48m2 - which is smaller, although the same footprint/floorspace area would also be added at first floor level, too.
6.4 Whilst the previous PA02/02262/B plans are unavailable to view, the extension added therein clearly related to the existing dwelling. Setting that aside, this proposal clearly relates to the replacement of the existing garage with a new garage and workshop. In terms of visual impact, it is noted that the site is well-screened from its rural surroundings on three sides by trees and hedging, and the only clear view of the new Garage/Worksop from the public realm would be from directly in front of it to the north, from Mullinaragher Road. The new structure would be reasonably well related to the existing dwelling (it would occupy the footprint of the existing garage and greenhouse) and in terms of height increase would represent an approx. 1.6m difference in height from the existing 4.5m ridge height to the new 6.1m ridge height.
6.5 The existing dwelling on site would screen the development from any views from the adjoining dwelling at Ballajeroie and given the rural location and natural screening around the
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site, it is considered that the visual impact of the development would be limited and would not be experienced greatly from beyond the confines of the site and its immediate surroundings.
6.6 Whilst the new Garage/Workshop would alter the character of the site and relationship with the dwelling, it is considered that the addition of the taller Garage/Workshop would not be out of context. Given the set-back nature of the Garage/Workshop from the road, plus the natural tree, hedge and shrub screening around it, it would not result in an adverse visual impact that would be unduly harmful to the character and appearance of the site, the dwelling, or the locality in which it stands.
6.7 Overall, the siting, size, height and scale of the Garage/Workshop and its proposed position on the site close to the existing dwelling is considered to be acceptable in terms of its visual impact on the character and appearance of the site and its surroundings. Whilst the floorspace that would be created by the proposed first floor addition may not strictly accord with the floorspace restriction outlined in Policy H15, it is noted that this proposal relates to an outbuilding and not the dwelling on site and it is considered, on balance, that it would accord with the provisions of General Policy 2 b) and c); and, Policies ENV 1, and 2, and part of ENV42, as outlined in the Isle of Man Strategic Plan 2016.
Neighbours amenities 6.8 Given the position of the Garage/Workshop in close relation to the existing dwelling, and set between the host dwelling and neighbouring property at Ballajeroie; plus, the lack of any neighbour representations, the proposed Garage/Workshop would not give rise to any loss of privacy, or result in an overbearing relationship with this neighbouring dwelling. There are no other nearby dwellings.
6.9 Overall, with regard to the potential impact of the development on neighbouring residents amenities, the proposed development is considered to be acceptable and accords with the provisions of Policy GP2 (g) and (h), of the Adopted Island Development Plan 2016.
6.10 Other considerations - none.
CONCLUSION
7.1 For the above reasons the proposal is considered to comply with General Policy 2, Environment Policy 1 , 2 and Housing Policy 15 of the Isle of Man Strategic Plan 2016 and therefore acceptable.
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. __
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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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 27.06.2024
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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