Planning Officer Report And Recommendations {{table:22664}}
Officer's Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE AND A REPRESENTATION BEING RECEIVED FROM A MEMBER OF STAFF IN THE PLANNING AUTHORITY.
The Application Site
The application site comprises the residential curtilage of and land adjoining a detached dwelling known as Cronk Breck. This dwelling, which was recently constructed as a replacement dwelling, is located on the eastern side of the Bayr ny Hayrey road (B14), south west of Andreas village.
The Proposal
The proposal comprises alterations and erection of extension to provide garage with living accommodation above. The proposed extension is onto the rear of the existing garage at the side/rear of the dwelling. This proposed extension will add an additional floor above the existing garage, together with an upper floor above the proposed garage. The proposed upper floor accommodation provides additional habitable accommodation for the dwelling, shown with the submitted drawings as providing a dressing room and gymnasium.
Planning History
The application site has been the subject of a number of previous planning applications, the following of which could be considered specifically material to the assessment of this current planning application:
Planning application 09/01011/B sought planning approval for the demolition of existing farmhouse and ancillary outbuildings and erection of a replacement dwelling. This previous planning application was approved by the Planning Committee on the 19th October 2009.
Planning application 10/00216/B sought planning approval for the erection of a replacement dwelling. This previous planning application was approved by the Planning Committee on the 30th April 2010. The development proposed by and approved by this previous planning application basically consisted of amendments to the development approved by previous planning application 09/01011/B.
Planning application 12/00582/B sought planning approval for the creation of a temporary access track and erection of a temporary general purpose agricultural building to house garden maintenance machinery, vehicles and helicopter. This previous planning application was refused by the Planning Committee on the 12th June 2012.
At the time of writing there are two related planning applications currently under consideration. These planning applications, which are currently pending decision, are:
Planning application 12/01362/B which seeks planning approval for the installation of three dormer windows to the main house roof.
Planning application 12/01374/B seeks planning approval for erection of a general storage building and associated landscaping including extension of residential curtilage to accommodate new access tracks, repositioned driveway, new entrance walling and concrete apron.
Planning Policy
In terms of land use designation the application site is not designated for any site specific purpose under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982.
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. Housing Policy 15 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)."
Representations
The Department of Infrastructure Highways Division do not oppose the planning application, stating that consider the proposal to have no traffic management, parking or safety implications.
The owner and/or occupant of Ballachurry Farm Cottage, which is located approximately 250 metres east of the dwelling, objects to the planning application. They highlight concerns over history of the replacement dwelling and highlight their belief that planning approval was granted contrary to planning policy. It is therefore their belief a further increase in overall size of the dwelling is inappropriate. They have questioned the need for the proposed garage given the existing garages and driveway space. They also express concern over the defined of the red line within the planning application and question whether this is meant to represent the residential curtilage of the dwelling. They refer to red and blue lines shown within previous planning applications.
Assessment
The two main considerations in the assessment of the planning application are the impact on public amenity and the impact on private amenity.
In terms of impact on public amenity there is provision for the extension or alteration of existing traditionally styled rural dwellings under Housing Policy 15 of the Isle of Man Strategic Plan 2007. It is therefore appropriate to assess the provisions against the provisions of that policy. Given the size of the existing dwelling and the size of the proposed extension it is self evident that the floor space of the proposed extension is less than 50% of that of the existing dwelling. As such, the proposal accords with this element of the policy. It therefore remains necessary to consider whether the proposed alteration and extension satisfactorily respects the proportion, form and appearance of the existing dwelling. In this respect the proportion, form and appearance of the proposed development is considered to be in keeping with that of the existing dwelling. Whilst the proposal adds to and increases the height of the existing attached garage the increase in height remains markedly lower than that of the main body of the existing dwelling. The general design of the proposed development echoes that of the existing dwelling.
As for impact on the general amenity of the surrounding area it has to be recognised that public views of the dwelling are limited within the surrounding area due to views being screened to a large degree, or at least partially obscured, by intervening topography and
vegetation. Furthermore, the proposed extension is situated in a position that is effectively screened from public view by the main part of the existing dwelling. Any impact from public viewpoints is accordingly limited. The proposed development is more than sufficient distance from the nearest other residential property so as not to result in harm to private amenity. The proposed development does not cause undue overlooking, overshadowing or overbearing. Due to the type of development and the distance from surrounding property the proposal is not considered to affect any other obvious material planning consideration.
In respect of the representation from Ballachurry Farm Cottage it has to be accepted that the existing dwelling was granted planning approval and was legitimately constructed. As supported by a previous case elsewhere (12/00285/B) whilst it is appropriate to recognise the site history it is inappropriate to use that as basis for refusal of a subsequent planning application where there is planning policy that specifically deals with what is proposed by that subsequent planning application.
It should also be noted that the red line submitted with a planning application defines an application site and does not automatically define a residential curtilage. In this instance it is simply drawn around the relevant land ownership. Unless specifically amended by a subsequent planning approval the residential curtilage is as defined by previous planning applications 09/01011/B and 10/00216/B. For the avoidance of doubt this can be stated within a note attached to the decision notice if this planning application is approved.
Recommendation
It is recommended that the planning application be approved.
Party Status
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Department of Infrastructure Highways Division; and The owner and/or occupant of Ballachurry Farm Cottage (distance from site and intervening land ownership).
Recommendation
Recommended Decision:
Permitted
Date of Recommendation:
19.11.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to drawing no.s 11, 51, 52, 101 rev. A and 102 rev. A date stamped the 9th October 2012.
C 3.
For the avoidance of doubt the red line defined on drawing no. 18 is taken to show the definition of the application site only and shall not be construed as defining a residential curtilage of Cronk Breck. Unless amended by a subsequent planning approval the residential curtilage of Cronk Breck is as defined within previous planning applications 09/01011/B and 10/00216/B.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
