Loading document...
==== PAGE 1 ====
23/01325/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01325/B Applicant : Duncan And Lisa Gerry Proposal : Increase in footprint of approved application 22/00501/B - extensions and change of use of fisherman's hut to tourism Site Address : Lakeside Patrick Road St Johns Isle Of Man IM4 3BP
Planning Officer: Mr Paul Visigah Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.01.2024 __
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 change of use of the 'Fisherman's Hut' hereby approved shall not be occupied at any time other than for purposes incidental to the enjoyment of the residential use of the dwellinghouse, known as 'Lakeside', and shall not be separated, sold off or occupied as an independent dwelling unit.
Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.
C 3. The development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as a separate dwelling. The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.
Reason: To ensure that the development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate dwelling in the countryside.
==== PAGE 2 ====
23/01325/B Page 2 of 7
C 4. There shall be no external lighting at the site unless full lighting plan details have been first submitted to and approved in writing by the Department, such details shall include position of lights, level of illumination and cowl details. Any external lighting shall then only be installed in full accordance with the approved lighting plan.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 5. The proposed development hereby approved shall be externally cladded where shown on Drawing No. 20149-PL04 with natural timber only and retained in perpetuity.
Reason: To ensure the level of finish is appropriate for the rural setting.
C 6. The building hereby approved, shall be drained as indicated in Section 5.0 of the Planning Statement, and Application form. There shall be no discharge of waste water or rain water from the building into the River Neb.
Reason: To prevent any cross contamination of the River Neb, in the interests of protecting and enhancing the biodiversity of the environment.
N 1. The applicant is advised to contact Fisheries (tel. 685857, or email [email protected]) to discuss method statements and arrange an initial advisory site visit in conjunction with the DEFA Environmental Protection Unit
N 2. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason. The conversion of the existing fisherman's hut would not adversely impact upon the visual amenity of the countryside setting and landscape, and would have no impact upon private or public amenity, and therefore comply with Environment Policies 1, 2, 16, and Housing Policy 11 of the IOM Strategic Plan.
Plans/Drawings/Information;
This decision relates to drawings and supporting information received on 30 November 2023. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The application site is the residential curtilage of Lakeside, Patrick Road, St Johns. The property sits on the northern side of the A30 Patrick Road which links St. John's with the
==== PAGE 3 ====
23/01325/B Page 3 of 7
hamlet of Patrick. The house is situated about 209m from the road and accessed via a long driveway which curves around the trees and the large lake which is close to the site frontage. To the east of the lake is a former fisherman hut and additional storage outbuilding.
1.2 The dwelling and outbuildings are not publicly visible from Patrick Road, being screened by existing trees which surround the site and along long stretches of Patrick Road. The site is heavily treed, particularly along the southern and eastern boundaries of the site, and along the western boundary to the large lake on site. The site contains a former fish farm, with the large pond and a reclaimed are that once was smaller ponds.
1.3 Access to the site is via a bridge over the River Neb which connects the highway with the long driveway serving the site.
1.4 The property is situated at considerable distance from all its neighbours, with the nearest neighbour 'Inglenook' situated about 173.4m south of the application site, separated by the highway, large areas of mature landscaping and pond.
2.0 THE PROPOSAL 2.1 Planning approval is ought for Increase in footprint of approved application 22/00501/B
2.2 The scheme seeks to increase the footprint of the existing building with alterations also proposed for mild exterior alterations to enable the increase in footprint. The development would result in an increase in floor area from 57sqm (approved under PA 22/00501/B) to 75sqm which would be an increase by approx. 18sqm.
2.3 The external appearance would be largely retained as previously approved integrating the use of a green living roof, vertical timber/composite cladding and painted white render sections with the replacement of UPVC framed dark grey windows to the existing fenestrations.
2.4 The applicants have provided justification for the proposed changes in the Planning statement, with the core aim to ensure that the development is completely disabled friendly; as the development would allow for both bedrooms to be wheelchair accessible and have the shower room and WC separate. This is important for full use flexibility for the occupants of the units.
3.0 PLANNING POLICY 3.1 Site Specific 3.1.1 The site lies within an area of High Landscape Value and Scenic Significance not designated for a particular purpose on the 1982 Development Order, and the site is not within a Conservation Area. The site is considered to have low surface water flood risk. There is no registered tree on the site, and the site is not within a registered tree area, although the entire eastern boundary of the site abuts a registered tree area.
3.2 The following policies from the 2016 Strategic Plan are considered relevant in the assessment of this application; a. Strategic Policy 5 - Design and visual impact b. Strategic Policy 8 - Reuse of quality buildings for Tourism c. General Policy 2 - General Development Considerations (a-n) d. General Policy 3 - Exceptions to development in the countryside e. Environment Policy 1 - Protection of the countryside and its Ecology f. Environment Policy 2 - Protection of the character of AHLV g. Environment Policy 7 - Seeks to protect watercourses, wetlands, ponds or dubs. h. Environment Policy 16 - Use of rural building for tourism i. Environment Policy 22 - Protection of the environment from statutory nuisances j. Business Policy 11 - Conversion of rural building to tourist use
==== PAGE 4 ====
23/01325/B Page 4 of 7
k. Business Policy 12 - Conversion of redundant buildings in the countryside to tourist l. Business Policy 14 - Tourist development in rural areas m. Transport Policy 4 - Highway safety n. Transport Policy 7 - Parking provisions o. Paragraph 4.3.8 - Seeks development that reflect twenty first century lifestyles including accessibility and energy conservation.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Residential Design Guide (2021) 4.1.1 This document 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 properties and sustainable methods of construction.
4.2 IoM Visitor Economic Strategy 2022: 4.2.1 This document provides the strategic plan for growing the Island's Visitor Economy over the next 10 years through to 2032.
4.3 IOM Island Economic Strategy 2022: 4.3.1 This sets out the direction on investment and economic security for the next 10 years and highlights the importance of year round tourism and growing part of our Island's proposition for both visitors and residents.
5.0 PLANNING HISTORY 5.1 Approval was recently granted for Alterations and extensions to form additional living accommodation, for the application building under PA 23/01325/B. This was approved subject to 6 conditions. The scheme was approved for a smaller footprint than that proposed within the current scheme.
5.2 The application site also benefits from the following historic approvals; o 21/01489/B for Installation of two Air source heat pumps for the 21/01489/B for the main dwelling house. o 89/00804/B - Erection of fish farmworker's cottage, o 88/04098/A - Approval in principle to erect dwelling, o 84/00837/B - Re-roofing of outbuildings and rebuilding of shed to form garage o 84/00033/A - approval in principle, extensions to bungalow o 84/00528/B - Alterations and extensions to form additional living accommodation.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 DOI Highways Division has no interest (8 December 2023).
6.2 DEFA EPU have noted that the new sewage treatment unit is going to be connected to a drainage field, this will be managed through building control and percolation tests will be required. They further note that the applicants have removed the hot tubs which reduces their concern about contaminated water entering the river neb (22 January 2024).
6.3 DEFA Inland Fisheries have viewed the response from EPU and conclude that they have no objection to this application (24 January 2024).
6.4 DoI Flood Risk Management - No Comment 6.5 DEFA Forestry - No Comment 6.6 Manx Utilities Drainage - No Comment 6.7 Manx Utilities Electricity - No Comment 6.8 Patrick Commissioners - No comment (9 January 2024)
==== PAGE 5 ====
23/01325/B Page 5 of 7
6.9 No comment has been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider with the current application is the principle, parking/highways, neighbouring amenities, visual impact of the proposed development, and drainage matters.
7.2 The Principle (SP5, 8; GP3; EP11, 12, & 16) 7.2.1 The principle of the proposed development was considered acceptable under PA 22/00501/B. As the basis for the proposal has not changed save for minor changes to the design of the scheme previously approved for the site, it is considered that the principle of the current scheme is acceptable. It is also vital to note that the current proposal would offer a more inclusive tourist development which would cater to disabled members of the society and as such would be acceptable in principle. This would ensure that one of the core aims of the Strategic Plan which seeks to enable people (individually and collectively) to live healthily and fulfil their potential within a secure environment is achieved. Moreover, the alteration to the layout for improved inclusivity would align with Strategic Objective 3.6 (c) which seeks to promote improved access to buildings, spaces and services for less able people.
7.3 Parking/highways (TP 4 & 7) 7.3.1 There would be no adverse impact on parking or highway safety, given that the scheme does not seek to alter the means of access into the site or the parking layout and arrangement on site.
7.4 Impact on Neighbouring Amenity (GP2 & RDG 2021) 7.4.1 There would be no impacts on neighbouring amenities given that the nearest dwelling is set more than 170m from the position of the proposed development, with the intervening vegetation further diminishing any concerns in this regard.
7.5 Visual Impact (EP1, EP2, GP2, & STP 5) 7.5.1 In assessing the visual impact of the proposed development, it is noted that Environment Policy 1 seeks to restrict development that would have an adverse visual impact on the countryside, with Environment Policy 2 providing greater protection by ensuring that there is no harm to the character and quality of the landscape.
7.5.2 In terms of design, scale, height and appearance the proposal, it is considered that the works proposed within the scheme would not result in adverse impacts on the character and appearance of the countryside, given the amount of natural screening and remote location of the application building. It would be vital to note that application building is not readily visible from outside of the site, even during the winter when the mature landscaping and trees along the boundary are sparse.
7.5.3 As well, the proposed design changes are defined by the form of the existing building, and would exist as subordinate extensions to the east, south and west elevations. The extensions would also echo the existing built form and height of the building, and would be finished in a blend of vertical timber cladding and painted render, which would improve the external appearance of the building. In addition, the use of a grass or living green roof also serve to further improve the general appearance of the building, such that the new appearance would be well-suited to the rural setting.
7.5.4 Based on the foregoing, it is considered that the proposal would not result in visual harm to the character of the site and surrounding countryside. As such, the proposal would comply with Environmental Policy 1 and 2 of the strategic plan which sets out to protect the countryside from unwarranted development.
7.6 Drainage (GP2, EP 7 & 22)
==== PAGE 6 ====
23/01325/B Page 6 of 7
7.6.1 There were concerns with the issue of drainage and any contamination from effluent to the River Neb, as the current scheme seeks to discharge surface water to a soakaway, while foul sewage is to be discharged to a new sewage treatment plant, which is a deviation from the previously approved application which sought to discharge these using the existing systems. These matters have been raised with DEFA EPU and DEFA Inland fisheries which raise no objections to the scheme, particularly as drainage to the discharge field (as proposed within the scheme) would be managed through building control legislation. Therefore, it is not considered that there are concerns with site drainage as proposed within the current proposal.
7.7 Other Matters 7.7.1 External Lighting 7.7.1.1 The scheme provides no detail of how external lighting would be achieved within the current scheme should external lighting be required for the development when in use, although the applicants have indicated that they do not intend to illuminate the Neb River as this may cause a barrier to migratory fish species. However, as the issue of external lighting can be addressed through appropriately worded conditions, a condition would be imposed to address matters that relate to the installation of external lighting should they be required.
7.7.2 Flooding 7.7.2.1 There are also no concerns with flooding as the work area is without the areas prone to high levels of flooding on site, but within an area with low likelihood of flood risk.
8.0 CONCLUSION 8.1 Overall, it is considered the proposal would comply with General Policy 3, Housing Policy 11, Environment Policies 1and 16, Strategic Policy 8, and Business policies 11 and 14 of the Isle of Man Strategic Plan and therefore it is recommended that the application be approved.
9.0 INTERESTED PERSON STATUS 9.1 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.
9.2 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 o whether there are other persons to those listed in Article 4(2) who should be given Interested Person Status.
9.3 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. __
==== PAGE 7 ====
23/01325/B Page 7 of 7
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 : 25.01.2024
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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