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15/00923/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/00923/B Applicant : Mr & Mrs Richard Jones Proposal : Erection of an outbuilding to provide garage, storage facilities and hobby room to replace existing garage/store Site Address : Ash Lodge Patrick Road St Johns Isle of Man IM4 3BR
Case Officer : Miss S E Corlett Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Officer’s Report
THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE DUE TO THE HISTORY OF THE SITE AND AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN
THE SITE 1.1 The site is the residential curtilage of an existing dwelling situated on the southern side of the Patrick Road between Kirk Patrick and St.John's. The area edged red appears to include an area of land at the southern edge of the site which is not residential curtilage but open space which is owned by the applicant. In the most recent application, PA 15/00463/B the curtilage was much smaller.
THE PROPOSAL 2.1 Following discussion with the applicant's agent, the plans have been amended to take closer account of the concerns raised in the earlier application. Now proposed is the replacement of the existing garage with a new building which will provide a garage and store at ground floor level and the roofspace is utilised as a hobbies room. The building will have a footprint of 10.5m by just under 8m including a covered log store, and the space above will have an area of around 40 sq m as measured from 1.5m above floor level (the Housing (Standards) Regulations 2013 calculate floor area excluding those parts of a room with less than 1.5m ceiling height (Regulation 3 - Interpretation - net floor area. These same Regulations define that an area of 40 sq m could accommodate 1 person on a permanent basis and 3 persons on a tourist basis). The building has an overall height of 5.7m.
2.2 The building will be finished in Manx stone to a height of 2.7m which, on one side will form the external wall to eaves level and on the other will have an additional area of walling to provide a further 900mm of height and which will be finished in timber boarding., continued around to each gable at the upper level above the stonework.
2.3 The upper area will be accessed from an external staircase with timber handrail leading to a glazed area including a door and glass surrounds.
PLANNING HISTORY 3.1 Previously, an application, PA 11/00519/B was refused for the erection of a replacement garage with accommodation above for the reason that:
"The design of the building and the inclusion of accommodation at first floor level would result in the building having the appearance of a dwelling. As such the development would be tantamount to
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15/00923/B
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a new dwelling in the countryside and would therefore be contrary to the objectives of GP3 and HP4 of the Strategic Plan."
This building was 8.15m long and 11.3m wide with an enclosed porch with open front with balcony above. This building was 6.7m high.
3.2 This decision was issued at appeal, the inspector noting that the principle of replacing the existing building, which was considered as of poor quality, was unobjectionable and that the double garage, produce and wood fuel storage and outside storage were all reasonable items to have in the redevelopment. He also accepts that the refurbished house does not lend itself to significant additional extension to provide additional space "for an active and growing family". He also accepts that in itself transposing what may be accommodated in an extension to the upper floor of an outbuilding "need not be intrinsically harmful" (paragraph 15). He recommends exercising caution as the Department's policies protect the Manx countryside from unwarranted development and Housing Policy 14 specifically opposes new houses in the countryside. He acknowledges that additional height can add character to a building designed to mimic the older, more traditional style of outbuilding but takes exception to other features which make the building too close in appearance to that of a house, in particular the upper floor French windows, enclosed outside veranda and a ground floor porch which did not appear to have any purpose. He notes that whilst he does not doubt the applicants' intention not to use it as a self contained dwelling, building something so close in character to a house could give rise one day to difficult issues for future owners and in any event, just the presence of the proposed building would make Ash Lodge's land a little less rural and a little more built up in character, incrementally harmfully undermining the aims of the Strategic Plan Policies to protect the countryside (paragraphs 16 - 18).
PLANNING STATUS 4.1 The site lies within an area designated on The Isle of Man Planning Scheme (Development Plan) Order 1982 as Woodland within a wider area of High Landscape Value and Scenic Significance. As such, the countryside is protected for its own sake under General Policy 3 and Environment Policies 1 and 2:
General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10) b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14) e) location-dependant development in connection with the working of minerals or the provision of necessary services; f) building and engineering operations which are essential for the conduct of agriculture or forestry g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and h) buildings or works required for interpretation of the countryside, its wildlife or heritage".
Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
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Environment Policy 2: "The present system of landscape classification of Areas of High Landscape of 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 difference 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."
4.2 The decision on the previous application is also a material planning consideration.
REPRESENTATIONS 5.1 Patrick Parish Commissioners indicate that they have no objection but it was noted that the applicant is a member of the Board and that member was not present for any part of the meeting having given his apology earlier (16.09.15).
5.2 Department of Infrastructure Highway Services indicate that they do not object to the application (19.08.15).
ASSESSMENT 6.1 Many of the issues in this case were raised in the earlier application and the findings of the Inspector are relevant. He was concerned not necessarily about the principle of the inclusion of accommodation above the ground floor space or the size of this, and indeed notes that slightly higher eaves levels can enhance the appearance of such a building, but was concerned that the appearance of the building closely resembled that of a dwelling.
6.2 The size of the unit has been reduced slightly and its appearance has been simplified such that it no longer resembles a dwelling and the domestic features have been removed. As such, it is considered that the previous concerns have been satisfactorily addressed and the application is recommended for approval.
PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
SUPPLEMENTARY REPORT The Planning Committee agreed with the officer's report but wished an additional condition be attached to advise that the residential curtilage does not extend to the full extent of the area shown within the red line as defined in the application and should reflect that shown in PA 15/00463/B.
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15/00923/B
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Recommendation
Recommended Decision:
Permitted Date of Recommendation: 07.10.2015
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. The development hereby approved may only be used in a manner incidental to, or ancillary to Ash Lodge.
Reason: The site lies within an area of countryside where development, and particularly new dwellings are discouraged in the interests of sustainable development.
C 3. The residential curtilage does not extend to the full extent of the area shown within the red line as defined in the application and should reflect that shown in PA 15/00463/B. No approval is hereby granted or implied to the use of all of the area shown in red for residential purposes nor are the provisions of the Permitted Development Order applicable to all of that area.
Reason: In order to control the character and appearance of the countryside in accordance with Environment Policy 1.
This approval relates to drawings 15/NW/2265-21A and 15/NW/2265-22 received on 11th August, 2015 and 15/NW/2265-23D received on 14th September, 2015.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Approved Committee Meeting Date: 19.10.2015
Signed : S E Corlett Presenting Officer
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15/00923/B
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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 Supplementary Report above
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