DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00349/B Applicant: JSK Property Ltd Proposal: Erection of a detached garden room Site Address: Langdale House Lower Dukes Road Douglas Isle Of Man IM2 4BQ Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.04.2024

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 garden room building hereby approved shall only be used in association with the main dwelling house "Langdale House" and for purposes incidental to the use of main dwelling house "Langdale House" as a single dwelling, for no separate residential/tourist purposes and only in accordance with the internal layout shown on plan 1643 - GR1 received on the 28.03.2024.

Reason: The application does not propose to create separate units of accommodation within the site and has not been considered as such; to prevent the accommodation being used as self-contained/tourist accommodation which is unrelated to the main dwelling house; avoiding any future fragmentation of the curtilage; and the living accommodation being used separately from the main dwelling house would result in a unacceptable level of overlooking of the occupants of this main dwelling house Langdale House.

This application has been recommended for approval for the following reason.

The proposed would have no significant adverse impacts upon private or public amenities and therefore would comply with General Policy 2 of the Isle of Man Strategic Plan and the Residential Design Guide 2021.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 28.03.2024. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of Langdale House, Lower Dukes Road, Douglas, situated on the northern side of Lower Dukes Road. The property is a two storey detached dwelling situation within its own grounds. The front roadside boundary (southern) is made up of a Manx stone wall with mature hedging/bushes behind. Vehicular access is to the southern corner of the site access directly onto Lower Dukes Road.

2.0 THE PROPOSAL - 2.1 The application seeks approval for erection of a detached garden room. The proposal would have a width of 11.7m, a depth of between 4.1 and 8m and a height of 2.7m and 2.9m. - 2.2 The garden room is located to the northern boundary of the site and to the north of the main dwelling. The main windows to the garden room directly overlooks the main rear garden of Langdale House.

- 3.0 PLANNING STATUS AND POLICY

3.1 In terms of local plan policy, the application site is predominately residential under the Area Plan for the East. The application site is not within a Conservation Area. - 3.2 The Strategic Plan contains the following policies which are relevant in the determination of this application: - 3.3 General Policy 2 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;
• (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;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and

• (n) is designed having due regard to best practice in reducing energy consumption."

3.4 Residential Design Guide 2021

- 4.0 PLANNING HISTORY

4.1 The previous planning applications associated with the site are considered relevant in the determination of this application; - 4.2 Alterations to approved garage (PA 23/00429/B): Erection of detached garage with ancillary living accommodation over & expansion of existing driveway - 23/01331/B APPROVED - 4.3 Erection of detached garage and expansion of driveway - 23/00429/B - APPROVED - 4.4 Alterations to dwelling; replace garage door with wall & window, installation of replacement doors and windows. Rebuild bay window on front elevation & re rendering of the dwelling - 22/01484/B - APPROVED - 4.5 Alteration of vehicular access and driveway - 22/01302/B - APPROVED - 4.6 Two-storey extension to form bath and shower rooms, dressing room and study, and double garage - 86/00426/B - APPROVED

- 5.0 REPRESENTATIONS

5.1 Highway Services (DOI) comment there is no highway interest (05.04.2024). - 5.2 Douglas Borough Council have no objection (16.04.2024).

- 6.0 ASSESSMENT

6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon visual amenities of the street scene, potential impacts upon neighbouring amenities; use of building and potential impacts upon existing trees. Potential impacts upon visual amenities of the street scene - 6.2 The proposed works would sit neatly within the site, which itself is sizeable in area. The proposal would site behind existing mature trees and hedgerows which run along all boundaries of the site. Accordingly, while these could be removed, it is unlikely given they given the applicants privacy. However, even if this were to happen; the siting and overall design of the garden room would not site out of place with the area or street scene; appearing as a domestic garden room in a residential area, which is a more common feature in recent years of this design and finishes. - 6.3 It is also noted that a large garage building has been approved to the east of the garden room which would potential also screen the proposal, should the recently approved garage be constructed. - 6.4 Overall, it is considered the proposed works would comply with General Policy 2 of the Isle of Man Strategic Plan and the Residential Design Guide 2021. Potential impacts upon neighbouring amenities - 6.5 The properties most likely to be affect are those to the north and east of the site. However, given the distance between these properties and the garden room, existing mature landscaping and 2m high fencing between, and the overall design, height and siting of the garden room; it is not considered the proposal would result in a significant adverse impact to warrant a refusal.

• Use of building
• 6.6 Concerns of such accommodation (i.e. ancillary accommodation) can cause concern that the unit could potentially be used as a self-contained unit, totally independent from the main house for any provisions and could not be considered to be ancillary accommodation as proposed. If a building, or part of a building, contains sufficient facilities to be used in a selfcontained manner then they are generally considered to be a separate planning unit, whether or not they are occupied by a relative of occupants of the primary property, or used by guests.
• 6.7 There is some case law that has accepted fully self-contained accommodation as being ancillary to the principal residence, i.e. when they have been occupied by a dependant relative, or even a staff member and certainly who pays the bills is a factor. However, in most cases the test of whether it is a separate planning unit rests upon its severability i.e. if the alleged ancillary use could practically and viably operate on its own were the primary use of the premises cease or cease to be in the ownership of the same person.
• 6.8 The accommodation proposed to be used as a garden room/games/cinema within the residential curtilage of Langdale House. It is noted that the proposed building has direct access for the rear garden of Langdale House and directly overlooks the rear garden of Langdale House, and also has direct views into the rear windows of the main dwelling. Overall, given the land use designation and given the above reason indicated, the proposal subject to a condition attached to ensure the accommodation is only used incidental to the main house, the proposal is acceptable.
• 6.9 Where the unit be sought to be used as a separate dwelling/tourist accommodation there may be concerns of impacts upon residential amenities upon the occupants of Langdale House. Potential impacts upon existing trees
• 6.10 No trees are proposed to be removed and the proposal would be sited on an existing concrete base. There are no objection from the Forestry, Amenities or Land Directorate (DEFA) in relation to the impact upon any neighbouring trees (outside application site)

- 7.0 CONCLUSION

7.1 It is considered the proposed would have no significant adverse impacts upon private or public amenities and therefore would comply with General Policy 2 of the Isle of Man Strategic Plan and the Residential Design Guide 2021. The application is recommended for an approval. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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

• whether there are other persons to those listed above who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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 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 : 01.05.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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