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23/01380/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 23/01380/B Applicant : Mr Timothy Knowles Proposal Proposed development comprising the erection of a log cabin to be used as a gardeners cabin, machinery store and workshop (retrospective) exclusively for the management of the gardens and land forming part of the dwelling. Site Address Clough Willey Cottage Tosaby Road St Marks Ballasalla Isle Of Man IM9 3AN
Case Officer :
Toby Cowell Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 29.07.2024
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. Prior to the occupation of the development, a detailed soft landscaping scheme shall be submitted to the Department for approval. The landscaping scheme must contain details of new broadleaved tree and shrub planting and the creation of wildflower grassland. The works shall be carried out in full accordance with the approved plans and completed prior to the occupation of the development. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. Thereafter, all soft landscape works shall be permanently retained in accordance with the approved details.
Reason: To ensure the provision of an appropriate landscape setting to the development and to assist the creation and management of biodiversity.
C 3. The mitigation and enhancement measures contained in the submitted Ecological Enhancement Plan, including the creation of log and brash piles, the eradication of invasive plant species and the erection of bat and bird boxes, shall be implemented in accordance with the approved details contained therein prior to the occupation of the development.
Reason: In the interests of biodiversity.
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C 4. No permanent external lighting shall be installed on site unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to the Department and approved in writing. The lighting scheme shall be undertaken in full accordance with the approved details, and thereafter retained as such in perpetuity.
Reason: To ensure the delivery of an appropriate lighting scheme in the interests of safeguarding biodiversity.
C 5. The approved building shall only be used for purposes ancillary to the principal host dwellinghouse of Clough Willey Cottage, and shall not at any time be used as habitable living accommodation either as an independent dwellinghouse or in connection with the principal dwelling.
Reason: The application has been assessed purely on the basis of being used for purposes ancillary to the principal dwellinghouse. Any deviation from this use may be inappropriate in this countryside location and require further assessment.
C 6. Prior to the occupation of the development, the fenestration alterations to the cabin shall be undertaken and completed in full accordance with approved drwg. no. 101.
Reason: To safeguard the countryside for its own sake and in the interests of the visual amenity of the locality.
C 7. The 2 no. sheds shall be demolished in accordance with the approved demolitions plans (drwg. no. 003) with all material removed from the site within 3 months of the occupation of the approved development.
Reason: To safeguard the countryside for its own sake and in the interests of the visual amenity of the locality.
C 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings, including garden sheds and summerhouses shall be erected within the curtilage of the principal dwelling of Clough Willey Cottage, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
This application has been recommended for approval for the following reason. The development is considered to be acceptable in principle in this countryside location and of an appropriate form, mass and design without detriment to the character of the wider locality, subject to additional information provided with respect to detailed landscaping. The resultant development as proposed is therefore considered to be compliant with General Policy 2 and Environment Policies 1 and 42.
Plans/Drawings/Information;
This decision relates to the following plans and documents;
003 - demolitions plan Ecological enhancement plan Preliminary ecological appraisal Biodiversity net gain assessment Received 01.06.24
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001 - site location plan 100 - existing plans and elevations 101 - proposed plans and elevations Covering letter Design statement Received 04.12.23 __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION HAS BEEN BROUGHT TO PLANNING COMMITTEE FOR DETERMINATION DUE TO THE POTENTIAL CONFLICT WITH THE DEVELOPMENT PLAN WHILST HAVING BEEN RECOMMENDED FOR APPROVAL BY OFFICERS
1.0 THE SITE 1.1 The site lies within the curtilage of Clough Willey Cottage which lies between the B36 to the east and Stoney Mountain Plantation to the west. The site falls into two parts - an open agricultural field to the south which slopes upward from east to west and with a marshy area around 30m from the road and overhead electricity lines running approximately parallel to the road around 20m therefrom. The northern half of the field is planted with a variety of trees and shrubs and is part of the residential curtilage of an existing modest cottage - Clough Willy Cottage which lies just to the west of the centre of the residential area.
1.2 To the north of the site is another residential property - Clough Willey, a substantial dwelling which sits in its own landscaped grounds complete with tennis court and outbuildings.
1.3 The existing dwelling on the application site is a modest cottage which has been altered over time but remains a low profile property which sits in amongst established trees and shrubs.
2.0 THE PROPOSAL 2.1 Retrospective planning permission is sought for the erection a gardeners cabin, machinery store and workshop to be used exclusively for the gardens and wider curtilage forming part of the principle dwelling. The structure is already in situ with planning permission having previous been sought for the use of the cabin as ancillary residential accommodation. The existing cabin accommodates three bedrooms, a lounge and a timber framed car port for use by the family. This building has a footprint of 13m by 9.2m, an eaves level of 1.9m and a ridge at 3.3m with a flue extending approximately 600mm above this.
2.2 This insulated cabin is placed over 150mm thick concrete slab and all the services come from the main cottage supply. The structure is presently finished in horizontal timber boarding, while its roof is covered in grey felt tiles. Four parking spaces are provided for the site; two in front (south) and two to the east.
2.3 The proposals seek to remove all of the glazed doors on the front (southern) elevation and replaced with wooden barn style doors (each of the double doors with sides), with an up and over garage door to replace the central glazed doors. Internally, the cabin would be reconfigured to provide storage for various gardens equipment, including ride on mowers, together with maintenance storage, a toilet and wash room, and a tea room area.
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2.4 The proposals further include the demolition of 2 no. sheds within close proximity to the cabin in order to part compensate for the erection of the cabin, together with a series of ecological enhancements within the site.
3.0 PLANNING HISTORY 3.1 Planning permission was previously sought for the erection of the cabin for use as ancillary residential accommodation with associated parking and access on a retrospective basis (PA 19/01241/B). The application was subsequently refused for the following reasons:
R 1. The cabin represents the erection of a new dwelling in the countryside. Such development is contrary to the presumption against development in the countryside as set out in General Policy 3, Environment Policy 1, the Strategic Aim, Strategic Policies 1 and 2, Spatial Policy 5 and Housing Policy 4 of the Isle of Man Strategic Plan 2016.
R 2. The building in terms of its size, layout, and location is not sympathetic to the landscape of which it forms a part being in an area not designated for development, in addition to being within a much wider area of ecological interest. Accordingly, it is considered that the building is contrary to the provisions of Environmental Policy 1 and Environmental Policy 3 of the Strategic Plan.
3.2 Following the refusal of planning permission, the decision was subsequently challenged at appeal with the Inspector recommending that the appeal be dismissed and the Department decision to refuse planning permission be upheld. This recommendation was accepted by the Minister.
3.3 An enforcement notice was further issued following the confirmation of the refusal of planning permission, which required the use of the cabin for residential purposes to cease, the building to be demolished and the land to be restored to its former state.
3.4 It is understood that the cabin has been vacated by the previous occupant.
4.0 PLANNING POLICY 4.1 The site lies within an area designated as not being for any particular use or purpose on the Area Plan for the South. The site is not within a Conservation Area, however much of the site is susceptible to high surface water flood risks. The site is not within a Registered Tree Area, and there are no protected trees on site.
4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 2 Priority for new development to identified towns and villages 3 To respect the character of our towns and villages 5 Design and visual impact
Spatial Policy 5 Development in the countryside will only be permitted in accordance with General Policy 3.
General Policy 2 General Development Considerations 3 Exceptions to development in the countryside
Environment Policy 1 Protection of the countryside 3 Protection of trees and woodland areas
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42 Designed to respect the character and identity of the locality
Transport Policy 4 Highways safety
5.0 REPRESENTATIONS 5.1 Malew Commissioners - No objections. (10.01.24)
5.2 Highways Services - No highways interest. (15.12.23)
5.3 DEFA Biodiversity - The Ecosystem Policy Team can confirm that United Environmental Services' (UES) Preliminary Ecological Appraisal, Biodiversity Net Gain Assessment, and Ecological Enhancement Plan, dated May 2024, are all in order and that a suitable level of assessment has been undertaken.
In order to ensure no net loss and biodiversity net gain on site, a number of mitigation and enhancement measures have been proposed, as detailed in UES' Ecological Enhancement Plan. This includes:
o New broadleaved tree and shrub planting. o Creation of wildflower grassland; o Creation of log and brash piles; o Invasive plant species eradication; o Erection of bat and bird boxes.
The Ecosystem Policy Team therefore request that the measures contained in UES' Ecological Enhancement Plan are secured via a condition, this includes the employment of a Project Ecologist to oversee the various enhancement works on site. Though not referenced within the report, we also request that a condition is secured for no for no permanent external lighting to be installed unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to Planning and approved in writing. (11.07.24)
5.4 Manx Utilities Authority - No response received at the time of writing.
6.0 ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are as follows:
6.2 PRINCIPLE 6.2.1 The site falls outside of a defined settlement boundary within the open countryside, is not designated for residential development within the Development Plan and does not technically accord within one of the defined exception criteria outlined in General Policy 3.
6.2.2 Housing Policies 15 and 16 make provision for the extension to dwellinghouses within the countryside, however no provision is made within the Strategic Plan for the erection of ancillary buildings within the curtilage of established and lawful dwellings. Notwithstanding this however, the general approach of the Department is to support the erection of proportionate ancillary structures, provided they are of an appropriate design, scale and siting, would not result in an adverse impact upon the wider landscape setting, safeguard residential amenity and be clearly ancillary and subordinate in nature and use. It is further noteworthy that the erection of ancillary outbuildings and garages may be permissible under permitted development, in accordance with the Town and Country Planning (Permitted Development) Order 2012, which is a strong material planning consideration.
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6.2.3 In this instance, the commentary provided by the Inspector in relation to the previous application on this subject is of material relevance, which is noted as follows:
"...with its substantial area of car parking space, out of keeping with a small-scale ancillary unit, the cabin nonetheless amounts, visually and practically, to a separate unit of living accommodation. Even accepting that it could be used so as to remain functionally and operationally associated with the existing Cottage, the cabin is of a nature and scale such that it is to be regarded as an unwarranted new dwelling in the countryside contrary to StP2 and GP3 of the IMSP."
6.2.4 In the case of the current submission, it is recognised that the cabin would no longer be used as residential accommodation in connection with the principle dwelling, and instead be used as for the maintenance of the curtilage, including the storage of relevant equipment. The fenestration is further proposed to be altered in order to make it more practical for the storage of such equipment, whilst reducing its presently domestic appearance. The demolition of the additional sheds, with further planting over these areas and additional ecological enhancements is also noted and welcomed.
6.2.5 Whilst recognising that the footprint of the cabin (circa. 83sqm) is not insubstantial, this is set in the context of a generous plot of land and curtilage associated with the principle dwelling (circa. 6.7 acres), which includes 2 large ponds and substantial areas of dense tree growth within the site. On balance therefore, it is considered that the footprint and scale of the cabin is not wholly inappropriate in the context of the wider site and the function that it would serve for the site's wider maintenance.
6.3 DESIGN AND VISUAL IMPACT 6.3.1 From a design standpoint, it is noteworthy that the scale, form and vernacular of the building would not change dramatically from that which was previously refused and dismissed at appeal, with the Inspector making the following points of note:
"The cabin shares the single existing access drive and the partly wooded appeal site with Cloughwilly Cottage. The building and its associated driveway and parking are substantially screened from the surrounding area and public viewpoints. It can be accepted on the available evidence that, whilst there will have been some disturbance to general vegetation and ground levels, the construction of the cabin, carport and parking has not involved the felling of any major woodland trees. The building is set down into its site to some degree and is constructed of natural materials. Thus the design has evidently sought to moderate the degree of impact on the wooded rural landscape and the visual effect on the wider environment is modest.
Crucially though, this additional built development has intensified the residential use of the site, despite the mitigating circumstances outlined in connection with the issue of the principle of the development, discussed above. The effect is that the site is now more domestic and urban in both appearance and character than would have been the case before the cabin was built. In this regard, the development has cumulatively eroded the local landscape and fails to make any positive contribution to the Island environment, in terms of StP5 of the IMSP. Nor does it respect the site and surrounding landscape in layout, scale, form and design in accordance with GP2(b) and (c). It follows that the development fails also to protect the countryside for its own sake, as required by EP1 of the IMSP."
6.3.2 Whilst it is accepted that the erection of the cabin has resulted in additional built development within the site and partially eroded the site's immediate landscape features, it is also recognised that the development is not particularly if at all visible from any public vantage point outside of the site and therefore has resulted in a negligible impact upon the site's wider landscape setting.
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6.3.3 The proposed use of the cabin would no longer be for domestic accommodation purposes, with the moderate changes to fenestration, demolition of additional structures and further planting/ecological enhancements considered to further mitigate the impact of the built development on site. On balance therefore, and given the proposed changes as noted above, it is considered that the level of visual harm associated with the resultant cabin would not be significant and prejudice the wider environment. However, it is considered reasonable to require the submission of a detailed landscaping plan which demonstrate the enhancements which would be made to the site, and particularly showing the restoration of land occupied by the existing sheds to be demolished and a reduction in hardstanding with respect to the current level of parking provision.
6.3.4 On balance therefore, the proposals are considered to be acceptable from a visual impact standpoint and particularly in the context of the site's wider landscape setting, in compliance with General Policy 2 (b) and (c) and Environment Policies 1 and 42.
7.0 CONCLUSION 7.1 The development is considered to be acceptable in principle in this countryside location and of an appropriate form, mass and design without detriment to the character of the wider locality, subject to additional information provided with respect to detailed landscaping. The resultant development as proposed is therefore considered to be compliant with General Policy 2 and Environment Policies 1 and 42. The application is therefore recommended for approval.
8.0 INTERESTED PERSON STATUS 8.1 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.
8.2 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 above who should be given Interested Person Status
8.3 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. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
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Decision Made : ...Permitted... Committee Meeting Date:...05.08.2024
Signed :...J SINGLETON... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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.
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PLANNING COMMITTEE DECISION 05.08.2024
Application No 23/01380/B Applicant Mr Timothy Knowles Proposal Proposed development comprising the erection of a log cabin to be used as a gardeners cabin, machinery store and workshop (retrospective) exclusively for the management of the gardens and land forming part of the dwelling. Site Address Clough Willey Cottage Tosaby Road St Marks Ballasalla Isle Of Man IM9 3AN
Planning Officer Toby Cowell Presenting Officer Jason Singleton Addendum to the Officer Report
The Committee endorsed the recommendation of the Case Officer with revision of condition 6 to include a 6 month time frame.
Copyright in submitted documents remains with their authors. Request removal