Loading document...
==== PAGE 1 ====
24/00321/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00321/B Applicant : Mr John Patrick O'Sullivan Proposal : Erection of garage (retrospective) Site Address : Windmill Cottage Windmill Terrace Kirk Michael Isle Of Man IM6 1ES
Principal Planning Officer: Belinda Fettis Photo Taken : 08.05.2024 Site Visit : 08.05.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 17.05.2024 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. In applying great weight to the preservation and enhancement of Conservation Areas and Registered Buildings, having regard to Section 18(4) of the Town and Country Act (1999) and the Isle of Man Strategic Plan 2016 it is considered that the cumulative impact of the loss of the walls, the loss of open space and the erection of the 'garage' metal building causes significant harm to the Kirk Michael Conservation Area and the setting of the Registered Building Greystones.
The 'garage' metal building results in an unacceptable overbearing impact upon the residential amenity of Windmill Cottage, Lezayre Cottage and Dhoon Beg. The development does not accord with Strategic Policies 3 and 4, Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016 __
Interested Person Status - Additional Persons
INTERESTED PERSON STATUS It is recommended that the following persons should be given Interested Person Status on the basis that they have made written submissions and they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 6(4):
Objects: Owner / Occupier Kelly Ind Est and road fronting Windmill Terrace, Kirk Michael.
==== PAGE 2 ====
24/00321/B Page 2 of 7
Officer’s Report
THE SITE 1.1. The application site is an area of land in Kirk Michael opposite a pair of cottages, Windmill Cottage and Lezayre Cottage. Historically the land appears to have been garden allotment land for the cottages with no buildings upon it. At the time of the site visit the 'garage' building had been completed on site and the land associated with Lezayre Cottage was being used for storage of a trailer and motorised water vehicle/boat.
1.2. The site lies within the village of Kirk Michael and is accessed via an un-adopted track leading off Main Road, the A3 through Kirk Michael. The site is associated with and opposite Windmill Cottage. Adjacent to the north there is vegetation, to the west land associated with Lezayre Cottage and an electricity sub-station to the east. The land is separated from Windmill Cottage by the access track. The access track is shared
1.3. The site is within a Conservation Area and the setting of two Registered Buildings.
THE PROPOSAL 2.1. The application seeks retention of the constructed 'garage' building on site. The metal frame construction is finished in dark green with a natural steel roller shutter door. The building measurements are given as 6m x 6m on the floor plan, the section plan shows an eaves height of 2.9m, and ridge height of 5.9m. The garage door is shown as measuring 2890mm x 4944mm.
REPRESENTATIONS 3.1. Highways: (05.04.2024) Initial comment; 24/00321/B - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking due to the low speed nature of the access road and the offset position of the garage allowing suitable vehicle stopping and manoeuvring. A condition restricting the garage to parking of vehicles is advised.
3.2. Highways Drainage Comments: (15.04.2024) Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: The applicant should be aware of and demonstrate compliance with the comments above.
3.3. Michael District Commissioners: (18.04.2024) Concerned about the size and visual impact of the building on the Conservation Area and residents. Accept it is close to the industrial estate but it is not in keeping with the buildings nearby. Had a planning application been submitted prior to construction an objection would have been submitted.
Neighbour Owner / Occupier Objection: Relationship to site -Immediately adjacent to the site Owner /Occupier - Kelly's Industrial Estate at the end of Windmill Terrace and sharing the access track.
4.1. The height and size of the building makes it visible from the main road within the conservation area.
4.2. The building has a detrimental impact on the health and wellbeing of some of the residents whose views have changed from gardens to a tall and wide wall.
POLICY 5.1. The land is within an area designated by the Local Plan of 1994 for Kirk Michael as being Predominantly Residential (1) and abuts land designated as Predominantly Industrial (8). It is not a registered building but it is within the Kirk Michael Conservation Area (2006).
==== PAGE 3 ====
24/00321/B Page 3 of 7
5.2. The site is within the proposed area plan for the North and West. It must be noted that at the time of writing, the draft area plan for the North and West is not formally adopted and is only, at this stage, a broad direction of how planning policy is reviewing the areas. Their proposals can still be challenged at a public enquiry where an inspector could reach a different opinion to the drafts. The final draft would also need to be ratified by COMIN. This means that the 1994 Local Plan remains the correct land use designation and no material weight is given to the draft area plan for the North and West.
5.3. The Isle of Man Strategic Plan 2016 the following are considered relevant in assessing this application.
5.4. Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.
5.5. Strategic Policy 3(b) requires development to have regard in design to the use of local materials and character.
5.6. Strategic Policy 4(a) requires development to protect or enhance the fabric and setting of Registered Buildings and Conservation Areas.
5.7. General Policy 2 of the Strategic Plan requires 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; and (g) does not affect adversely the amenity of local residents or the character of the locality.
5.8. Environment Policy 35, Planning Policy Statement 1/01, State that 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.
Legislation 6.1. Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".
ASSESSMENT 7.1. In assessing this retrospective application on land within a Conservation Area, the main considerations are whether the development has caused harm to the Conservation and has impacted adversely upon the character of the locality, and whether the development causes harm to residential amenity.
Character and Appearance
8.1. The applicant has made reference to permitted development therefore it is important to address that point.
8.2. The Town and Country Planning (Permitted Development) Order 2012 Consolidated, provides details upon which development has already been granted permission by virtue of the Order and the conditions that must be met in order to apply the permitted development (PD). In respect of residential development, permission is given where the development is within the curtilage. The definition of curtilage written as follows; "means the area of land attached to
==== PAGE 4 ====
24/00321/B Page 4 of 7
and around a building, used with the building and within which the building is set (for example the garden and driveway of a house, the storage yard of a factory), but does not include land used with a building but severed from it (for example a highway or service lane)".
8.3. The 'garage' metal building is not within the curtilage of a dwellinghouse, in this case Windmill Cottage, therefore PD does not apply and a planning application is required.
8.4. This application relates specifically to the retention of the 'garage' metal building however as part of the character assessment it is observed that in addition to walls being removed from the application site, walls have been removed or altered within the curtilage of the dwellinghouse and therefore Part 2 of the PD Order, 'Operations Within the Curtilage of a Dwellinghouse' Section A is noted; Class 16, 'fences, walls and gates'. As the wall is not part of this application it is not examined further however it is noted that the wall is not constructed with traditional materials or materials that reflect the character of the dwellinghouse.
8.5. The Kirk Michael Conservation Area Appraisal states that the village has developed a linear pattern of alongside the A3, Main Road, over time since the 12th Century and barely altered. The historic core of the village features a collection of traditional cottages and industrial buildings that includes the industrial units near to the application site. Historic buildings generally abut the public highway whilst later buildings are set back to varying degrees, the majority of buildings have been constructed since the mid-1960s. The application site is within the setting of a Registered Building, Greystones, and there are two other Registered Buildings nearby, St.Michael's Church and Church View House, all fronting onto Main Road.
8.6. Prior to construction of the 'garage' metal building the prevailing character of the site was vegetation opposite the pair of semis. There is little in the way of evidence of appearance and the site is not mentioned in the Conservation Area Appraisal, although Kelly's Yard is mentioned as comprising a number of small light industrial units. Google Maps provides a visual of the semis showing 3 large chimney stacks aloft a concrete tiled roof below which the sash window openings are uniform in scale and the façade of the building is stone. The exception to this is the eastern end of the front elevation of Windmill Cottage which appears as a later addition having modern wider windows at ground floor and first floor and rendered wall finish. The semis are set back from the shared access track and the garden boundaries marked by a continuous low brick wall punctuated with two single access gates. Opposite the land is enclosed by mix of a low brick wall with gate access adjacent the shared access track, and vegetation and low timber fencing. The land appears to have a mix of overgrown vegetation and marked out allotment style planting areas. Adjacent to this area is an electricity sub- station.
8.7. At the time of the site visit the electricity sub-station remains in place however the low small brick wall in front of Windmill Cottage has been replaced by a slightly higher breeze block wall with a wide opening similar to that used for a driveway access. The previous garden area is now hard standing finished with slate coloured chippings. The land opposite is used for the storage of a boat trailer and the 'garage' metal building has been constructed upon what appears to be a mix of concrete and chippings base.
8.8. The applicant was contacted via email to ascertain the condition of the site prior to construction of the 'garage' metal building and a photograph was provided. The applicant stated that the photograph was as in the sales particulars when purchased. At the time of writing this report, the site is being advertised for sale. The garden area shows a mix of concrete apron and surface without the chippings, and the 'garage' metal building.
(https://www.zoopla.co.uk/forsale/details/66906261/search_identifier=bba48d8c9cb3f4b48685 75dd9f090f2e6664568e312cfce13100090797462a66)
==== PAGE 5 ====
24/00321/B Page 5 of 7
The applicant has submitted site photographs including before images extracted from Google Maps and a photograph via email prior to the 'garage' building being constructed.
8.9. The application does not state exactly the demolition elements however from the submitted information it appears that the wall and low timber fencing was removed prior to the construction of the 'garage' metal building. Had the features been in place, retention would have been sought or at least some reference to the retain some of the character of the site. The low small brick wall in front of Windmill Cottage was of its period and in keeping with the light industrial setting of the cottages with concrete tiles. Breeze blocks are however not in keeping and had an application been sought breeze blocks painted would or bare would not be acceptable. Therefore it is considered that the loss of the walls causes harm to the site and setting.
8.10. The aforementioned Strategic, Environment and General Policies require development to have regard to the siting, layout, scale, form and design of new buildings and to the use of local materials that reflect the character in order to protect or enhance the setting; Particularly so in the setting of Registered Buildings and Conservation Areas.
8.11. Applying Section 18(4) of the Town and Country Planning Act (1999) (4) special attention has been paid to the desirability of preserving or enhancing the character or appearance of the land. In applying great weight to the protection and or enhancement of the Kirk Michael Conservation Area, it is considered that the loss of the low walls and open area opposite the cottages has caused a negative impact upon the Conservation Area.
8.12. The new wall is mostly obscured from views within the setting of the Registered Building, Greystones when viewed from Main Road. However when viewed from the top of the access track the new wall is in view of the setting of the Registered Building and as such causes some harm. The alterations appear to have been made to facilitate parking and the construction of the 'garage' metal building which does cause adverse harm to the setting of the Registered Building.
8.13. The new 'garage' metal building is clearly seen in views into and out of the Conservation Area from the shared access track in either direction and from the main thoroughfare of the Kirk Michael Conservation Area. In some views from Main Road the building appears less obtrusive due to its colour and growing vegetation.
8.14. Considered in the context of the land opposite the cottages, this open land is now lost and the scale of building results in an overbearing impact on the setting.
8.15. The developments with the application site neither protects nor enhances the site within the Kirk Michael Conservation Area or setting of the Registered Building, Greystones.
8.16. In applying great weight to the preservation and enhancement of Conservation Areas and setting of Registered Buildings, having regard to Section 18(4) of the Town and Country Act (1999) to preserve and enhance assets, in conjunction with the Isle of Man Strategic Plan 2016 Policies Environment Policy 35 General Policy 2 the alterations and the 'garage' metal building accord with neither and so fail to preserve and enhance the Conservation Area or the setting of the Registered Building.
Residential Amenity
9.1. The site upon which the 'garage' metal building is on was open ground. The site is on ground significantly higher than the residential dwellinghouses to the north and west on Main Road, and slightly higher than the Cottages opposite. The building is finished in a dark green colour except for the door which is uncoloured metal.
==== PAGE 6 ====
24/00321/B Page 6 of 7
9.2. The frontages of the dwellings on Main Road, Dhoon Beg and The Cottage abut the public highway. The rear elevations of the dwellings on Main Road are separated from the new building by distances between 7 and 10 metres with some vegetation between the two. Despite there being some vegetation the new building is clearly visible from the Main Road residents' rear elevation windows and amenity spaces.
9.3. The front elevations of Windmill Cottage and Lezayre Cottage are opposite the new building, the outdoor amenity is at the front and is separated from the new building by the access track with a distance of approximately between 10 and 11metres.
9.4. It is observed and considered that due to the width and height, the scale of the building now dominates the setting of the residential dwellinghouses nearby. Although there is vegetation between the dwellings on Main Road and the new building, it is considered to still result in overbearing and potentially some loss of light. The building has an overbearing impact upon Windmill Cottage and Lezayre Cottage, and Dhoon Beg and The Cottage to a slightly lesser degree.
9.5. In addition, there is insufficient land in front of the garage to enable a vehicle to pull off the shared access track therefore any vehicle accessing the garage would have to block the access track whilst the garage door was opened.
9.6. Policy 2 of the Strategic Plan requires development to take account of the setting, scale design materials and to not adversely affect the character of its surrounding or the amenity of local residents.
9.7. Material Consideration
9.8. The applicant states that advice was sought regarding construction of a garage, stating that the advice stated the garage should be the same as the pitch of the dwelling and was within permitted development. Whilst there is empathy for the applicant, no evidence of the conversations are recorded and notwithstanding that, the garage is not within the curtilage of the dwelling and it is clearly within the Conservation Area and has been since 2006. Therefore it is considered that a miscommunication might have occurred.
CONCLUSION 10.1. Having regard to all the available information and having visited the site the development is considered to cause harm to residential amenity and the Conservation Area, and the setting of a Registered Building.
10.2. By virtue of the loss of open space, the width and the height, the building results in an unacceptable overbearing impact upon Windmill Cottage, Lezayre Cottage and Dhoon Beg. The building impacts adversely on the amenity of Windmill Cottage, Lezayre Cottage and Dhoon Beg and The Cottage.
10.3. By virtue of the loss of open space, the width, the height and the materials, and the cumulative effect of the loss of walls, the building results in a harmful impact upon the Registered Building Greystones and the Kirk Michael Conservation Area.
10.4. Therefore the application is recommend for refusal.
INTERESTED PERSON STATUS 11.1. 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;
==== PAGE 7 ====
24/00321/B Page 7 of 7
(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.
whether there are other persons to those listed above who should be given Interested Person Status __
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 : Refused Date: 21.05.2024
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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