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24/91229/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91229/B Applicant : Mr David Norman Proposal : Conversion of garage to living space Site Address : Almorah Fistard Road Fistard Port St Mary Isle Of Man IM9 5HF
Planning Officer: Vanessa Porter Photo Taken : Site Visit :
Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 02.12.2024 __
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 use hereby approved shall only be used in association with the main dwelling house "Almorah" and for purposes incidental to the use of main dwelling house "Almorah" as a single dwelling.
Reason: The application does not propose to create separate units of accommodation within the site and has not been considered as such; and avoiding any future fragmentation of the curtilage
This application has been recommended for approval for the following reason. The proposal complies with General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2016
Plans/Drawings/Information; This decision relates to the following plans and drawings, dated received on 1st November 2024; o Drawing No. 2023-164-001 o Drawing No. 2023-164-002 o Drawing No. 2023-164-003 o Drawing No. 2023-164-004 o Drawing No. 2023-164-005 o Drawing No. 2023-164-006
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24/91229/B Page 2 of 4
o Drawing No. 2023-164-007 o Drawing No. 2023-164-008 o Covering Letter __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection
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Officer’s Report
THE APPLICATION SITE 1.1 The application site is within the residential curtilage of "Almorah," Fistard Road, Fistard which is bungalow situated upon a North Western corner plot at the junction of Fistard Road and Clifton Road North.
THE PROPOSAL 2.1 The current planning application seeks retrospective approval for the alteration of the existing detached garage into living space. The proposal includes the replacement of the garage doors with double doors and sidelights, replacement of the rear double doors with a single door.
2.2 The proposal also shows solar panels upon the garage which can be done under the Permitted Development Order.
PLANNING HISTORY 3.1 The following are previous applications upon the site; PA08/02274/B - Alterations and extension to dwelling - Permitted PA09/00987/B - Creation of vehicular access and off road parking - Permitted PA09/01597/B - Erection of detached garage and creation of driveway and vehicular access.
PLANNING POLICY 4.1 The site lies within an area zoned as "Proposed Residential," on the Area Plan for the South, Map 7 - Port Erin/Port St Mary. The site is not within a Conservation Area, nor a Flood Risk Zone.
4.2 Given the nature of the site and the land designation, the most relevant Isle of Man Strategic Plan policies would be General Policy 2 which sets out the general standards towards acceptable development and Transport Policy 7 in connection with Appendix 7 which sets out the relevant parking standards.
4.3 The Residential Design Guidance (2021) is also relevant and provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property.
4.4 Furthermore consideration shall also be given to Community Policies 7 and 11 in respect of reducing outbreak of fire and preventing criminal activity and Infrastructure Policy 5 in respect of water conservation.
REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summary;
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24/91229/B Page 3 of 4
5.2 Highway Services have considered the proposal and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking subject to the building remaining ancillary to the existing dwelling (due to parking amenity purposes). (8.11.24)
5.3 No comments have been received from Port St Mary Commissioners at the time of writing this report. (02.12.24)
PREAMBLE 6.1 It is noted that the garage has not be built as per the approval under PA09/01597/B, with the rear doors of the proposal not matching. Whilst this is the case, the proposal is to remove the double doors to the rear with a single door and as such, has been assessed based on the permitted door being in place, not the existing double doors.
ASSESSMENT 7.1 Paragraph 8.12.1 of the Isle of Man Strategic Plan 2016 states that there is a general presumption in favour of extensions or alterations to existing properties where such works would not have an adverse impact on adjacent properties or the surrounding area in general.
7.2 In the case of this application, the proposed front of the garage is within a public vantage point due to the elevation change of the site and the overall streetscene. Whilst this is the case, the proposed works would not be a sight not seen within a residential environment, as such the character and appearance of the alteration is deemed acceptable and should not impact any neighbouring amenity or how the property is viewed within the streetscene.
7.3 Turning towards neighbouring amenity, the proposed works due to their location and the works themselves are unlikely to impact the neighbouring amenity of the surrounding properties.
7.4 With regards to the proposed alteration to the garage door there is potential that this could mean the removal of car parking spaces, which would mean that the property would not comply with Transport Policy 7 in connection with Appendix 7. Whilst the proposal is removing one car parking space from the site, there is enough driveway for more than two vehicles as such it is deemed to comply with Transport Policy 7
7.5 The comments from Highway Services regarding to use of the site are noted, when looking at the site, it would be difficult to separate the garage from the main dwelling, whilst this is the case an ancillary condition can be attached to the application for the benefit of doubt.
CONCLUSION 8.1 Overall the proposal is considered to be acceptable by not to result in any new or increased impacts on the public highway nor will it impact the visual amenity of the surrounding streetscene or neighbouring amenity and as such the proposal complies with General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2016.
RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 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).
9.2 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.
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9.3 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.
9.4 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.
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I can confirm that this decision has been made by the Acting 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 and/or rights to appeal.
Decision Made: Permitted Date: 03.12.2024
Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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