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24/91132/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91132/B Applicant : Mr & Mrs Ronald & Lisa Gunning Proposal : Erection of a prefabricated log cabin to be used as a residential annex of additional accommodation or office. Site Address : 8 Oak Road Ballawattleworth Peel Isle Of Man IM5 1WN
Planning Officer: Lucy Kinrade Photo Taken : Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 22.11.2024 __
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 timber cabin hereby approved shall not be occupied at any time other than for purposes incidental to the enjoyment of the residential use of the main dwelling No. 8 Oak Road including use as a home office, and shall not be occupied as an independent or separate dwelling unit at any time.
Reason: To ensure proper control of the development as applied for within the application and in the interest of highway safety and to avoid any future undesirable fragmentation of the curtilage.
This application has been recommended for approval for the following reason. The application accords with the provisions set out in General Policy 2 (b, c, g, h and i) of the Isle of Man Strategic Plan 2016 and to meet the principles of the Residential Design Guide 2021 having no increased or adverse impact upon private or public amenity or highway safety subject to a condition in respect of its use being tied to the main house.
Plans/Drawings/Information;
This approval relates to the following all date received 08/10/2024: o Current Site Plan Ref: S005 o Information-Cabin Ref: S0002.1 o Information-Supplier Ref: S0001
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o Proposed Site Plan Ref: S004 o Site Location Plan Ref: S003 o Back Garden Photo o Design Statement
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o DOI Highway Services - as no objection subject to conditions which have been applied __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The site relates to 8 Oak Road, Ballawattleworth, Peel
2.0 THE PROPOSAL 2.1 The planning application seeks approval for the erection of a timber cabin in rear garden, for use by the main dwelling as either additional living space or as a home office. The data sheet indicates the structure being 6.1m x 4.1m and with 2.72m ridge height and eaves 2.21m.
2.2 The applicants outline the reasoning for the proposal in the application form and supporting statement as being a space for their child to have some independence or as a home office in the future.
2.3 Site plan and information indicates two small trees requiring removal.
3.0 PLANNING HISTORY 3.1 The dwelling has been subject to one previous application for the replacement of garage door with windows although not considered material to this application.
4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application site is within an area recognised as predominantly residential use in the Peel Local Plan. The site is not within a Conservation Area, and not recognised as being at any flood risk.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following considered relevant to the assessment of this current planning application: o Strategic Policy 1: make best use of existing sites o Strategic Policy 5: make positive contribution o Spatial Policy 3: development directed to existing centres including Peel o General Policy 2; General standards towards acceptable development o Environment Policy 42: design, character, locality and no unacceptable back land development o Community Policies 7 and 11: Criminal and fire spread risk.
4.3 A material consideration in the assessment are: o Residential Design Guide 2021: Section 7- impact on neighbours o Permitted Development Order 2012 (amended 2019) - Class 15
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
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5.1 Department of Infrastructure Highway Services - Do not oppose subject to condition (18/10/2024) no significant negative impact upon highway safety, network functionality and/or parking providing the building remains ancillary to the existing dwelling via condition, due to the existing parking layout suitable for one site.
5.2 The following were consulted but no response received as of 21/11/2024: o Peel Town Commissioners
6.0 ASSESSMENT 6.1 Class 15 of the Permitted Development already sets out a general level of acceptability for some kind of subservient garden sheds or summerhouses within the curtilage of an existing dwelling. This proposed timber cabin is similar nature being within the curtilage, subservient and to be used in association with the main house. However due to its larger footprint and its proximity to the public footpath beyond that of Class 15, requires being assessed as part of a full planning application. The principle is accepted and therefore the key matters to be considered are i) its visual impact on the surroundings and from public view, ii) its amenity impact on the neighbours and iii) highway safety matters.
6.2 Visual Impact (surroundings and public view) 6.2.1 Timber shed and summerhouse structures are not uncommon within domestic curtilages. The property sits within a wider residential estate and clustered amongst existing built development where other garden sheds and summerhouse can be found and where this building would not look so out of place. Views from Oak Road would be limited due to its position at the rear, but the structure would be visible in parts along the footpath running the site boundary. However, given its size, design and low level roof pitch its appearance would not raise any significant visual impacts upon the area, noting that existing boundary fencing buffers and limits views to the structure, while two small trees are proposed for removal which would take away some buffer and break in development but their removal would not be unobjectionable in this specific case. The proposal is considered to have an overall acceptable visual impact on its surroundings and from public view in line with GP2 (b, c, g).
6.3 Impact on Neighbours 6.3.1 The proposed structure is likely to be most apparent from immediate neighbours No's 6 and 10 Oak Road (either side) and No. 20 and 19 Aspen Drive (to the rear). In terms of visual amenity from their properties the single storey low level design, footprint and position towards the rear of the garden coupled with the distance between properties, orientation of dwellings and the buffering from existing boundary the proposal is not expected to result in any significant visual harm. In terms of use, the proposal is to be used in association and for the enjoyment of the main house only and not for any separate use. Most reasonable persons tends to act responsibly and with a general level of respect for their neighbours and vice versa. Use of the structure is likely to be self-governed and siting of the cabin is not expected to result in any new or adverse impacts beyond the existing situation as to cause harm on neighbouring living conditions to warrant concern or refusal in this case. The proposal is considered to meet with the General Policy 2 (g) and the principles of the Residential Design Guide.
6.4 Highway Safety 6.4.1 DOI highways have stated no objection subject to a condition to ensure the building remains ancillary to the main house due to the existing parking not being suitable for any separate use or occupation. The application indicates that the proposed timber cabin is to be used as additional space by their child or as an office. After speaking with the applicant on the phone 21/11/2024 they confirmed that there would be no staff or employees for the office and it was to be solely as a home office used by them only. The application is being considered on this basis being a garden structure used for the enjoyment by the main house only and a
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condition in this respect will align with this and those comments raised by DOI Highway Services in regards to highway safety and meeting General Policy 2 (h and i)
7.0 CONCLUSION 7.1 Overall, it is concluded that the planning application accords with the provisions set out in General Policy 2 (b, c, g, h and i) of the Isle of Man Strategic Plan 2016 and to meet the principles of the Residential Design Guide 2021 having no increased or adverse impacts upon private or public amenities. As such the planning application is recommended for approval subject to a condition in respect of its use tied to the main house in the interest of highway safety and neighbouring amenity.
8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
8.5 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 the Right to Appeal. __
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 and/or rights to appeal.
Decision Made : Permitted
Date: 22.11.2024
Determining Officer Signed : C BALMER
Chris Balmer
Principal Planner
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