Planning Report Recommendations

Application No.: 09/01462/B Applicant: Mr \& Mrs Noah Egelnick Proposal: Erection of a detached music room/studio Site Address: Ballacanadia The Cronk Ballaugh Isle Of Man IM7 5AX ### Considerations Case Officer : Ms Henrietta Hopkins Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose has no traffic management, parking or road safety. Consultee : Ballaugh Parish Commissioners Notes: no objections

Officer's Report

The Site

The application site represents the curtilage of Balla Canadia, The Cronk, Ballaugh. The property is a detached dwelling.

The Proposal

This application seeks approval for a detached single storey building to the rear of the property. The building will be used as a music room/studio so the applicant can indulge in his music hobby. The building would measure .

Planning Status

The application site is located within an area identified as 'High Landscape or Coastal Value and Scenic Significance' and 'Area of Private Woodland or Parkland' in the Isle of Man Development Plan 1982. The site is located near an 'Ancient Monument' in the Isle of Man Development Plan 1982. The Isle of Man Strategic Plan 2007 contains policies which are considered specifically material to the assessment of this current planning application - General Policy 2, Environment Policy 2, Environment Policy 3 and Environment Policy 23.

General Policy 2 states the following:

"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;

• (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality;

• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;

• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

Paragraph 8.12.1 is also considered relevant:

"As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general".

Environment Policy 2 states the following:

"The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• (a) the development would not harm the character and quality of the landscape; or

• (b) the location for the development is essential.

Environment Policy 3 states the following:

"Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value.

Environment Policy 23 states the following:

"When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse of the proposed changes to existing neighbours."

PLANNING HISTORY The property has had previous planning applications submitted which are not considered to be relevant to this proposal: 13 November 2009

09/01462/B

01/00765/B - Erection of fence atop boundary wall - Permitted (21st September 2001) 01/02129/B - Erection of two sheds and a greenhouse - Permitted (12th March 2002)

Assessment

The application site is located within an area of 'High Landscape or Coastal Value and Scenic Significance' and 'Area of Private Woodland or Parkland' in the Isle of Man Development Plan 1982. Given the nature of the proposed development it is therefore appropriate to assess the proposal against the policies identified earlier within the report (i.e. General Policy 2, Environment Policy 2, Environment Policy 3 and Environment Policy 23 of the Isle of Man Strategic Plan 2007).

Having assessed the proposed development against the above it is concluded that the proposal is acceptable by reason of its siting, scale, form and design. The property has a relatively large rear garden and the proposed development is considered to sit comfortably in the rear garden where the existing shed is situated. The applicant proposes to have the detached building in render finish to match the existing house. A condition shall be attached for materials to match this existing; this is a necessary condition to protect the character of the area.

It is considered that the proposed development will not have a detrimental impact on neighbouring properties. The building will be situated to the rear of the garden. There are no properties located to the rear of the property and substantial trees located along the boundary line which will reduce the visual impact to the neighbouring dwelling 'Sleepy Hollow.' There will be a distance of approximately 27 metres from the proposed detached building to the neighbouring dwelling 'The Old Smithy' and 15 metres to the neighbouring property 'Sleepy Hollow.' A condition shall be attached to make sure the proposed building is only used in connection with the main dwellinghouse and for no other purposes thus ensuring there will be no detrimental impact on neighbouring properties.

The proposed development would not have an impact on the existing access and parking arrangements within the curtilage of the property and therefore the highway adviser has raised no planning objection to the proposal.

Representations

The following written representations have been received: Department of Transport has raised no objection to the proposed development. Ballaugh Parish Commissioners have raised no objection to the proposed development.

Recommendation

For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted.

Party Status

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

Department of Transport Ballaugh Parish Commissioners

Recommendation

Recommended Decision: Permitted