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20/01494/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 20/01494/B Applicant : Mr & Mrs David Nobbs Proposal Conversion of detached garage to provide ancillary living accommodation Site Address Rose Cottage Barregarrow Kirk Michael Isle Of Man IM6 1AX
Case Officer :
Miss S E Corlett Photo Taken :
11.02.2021 Site Visit :
11.02.2021 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 02.03.2021
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The residential accommodation hereby approved shall be used only for purposes incidental to the enjoyment of Rose Cottage as a dwellinghouse. No separate curtilage shall be formed and the new accommodation shall at no time be used as an independent dwellinghouse without the express grant of planning approval from the Department.
Reason: the relationship between the proposed accommodation and the main dwellinghouse within the site is such that the residential amenities of the occupants of both would be adversely affected by the creation of an independent residential unit in addition to the main dwellinghouse in addition to such independent accommodation being contrary to the policies of the Strategic Plan which presumes against the creation of new dwellings in the countryside.
C 2. 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 3. The residential curtilage shall extend no further south than the area including the "drive" and the footprints of the two existing buildings as shown on drawing DN/2/20 and may not include the field to the south which is defined in red on the submitted plans.
Reason: the site is not designated for development and the expansion of the residential curtilage would represent unauthorised development in the countryside, contrary to Environment Policy 1 of the Strategic Plan.
N 1. The applicant is recommended to liaise with the Inland Fisheries Division of the Department in respect to the protection of the watercourse during the implementation of the development.
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This application has been recommended for approval for the following reason. There is a presumption against development here and the creation of a self contained unit of accommodation would generally not be permitted. However, in this case there are to be minimal changes to the building which would not result in any adverse or significant impact on the character or appearance of the countryside and the accommodation would be highly unlikely to be separated from the main house due to shared access parking and amenity space. In addition to this, there are clearly benefits to the applicants and their family from the additional accommodation being available on site and the conversion works are not irreversible. The application is therefore supported as it is considered that it supports Environment Policies 1 and 2 and the ancillary nature which will prevent severance is capable of being ensured through the attaching of appropriate conditions to the approval.
Plans/Drawings/Information; This decision relates to drawings DN/1/20a and DN/2/20 both received on 10th December, 2020. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED TO BE CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL
THE SITE 1.1 The site is a parcel of land which sits on the southern side of the Barregarrow crossroads which links the Sartfell/Beinn y Phott Roads with the A3 TT course. The site includes the residential curtilage of an existing dwelling and detached garage as well as a larger open area to the south. The application form describes the existing use of the site as "garage" and the proposed use as "residential".
1.2 Access to the property is from two access points on the A3 - one alongside the house and the other via a long drive to another access which is shown on the 2010 Google Streetview as a field access and leading from the field gate across the bottom edge of the field and down a slight slope to the house. This is not currently formally finished and still appears as part of the field.
1.3 The garage has three garage doors and a side pedestrian door together with accommodation in the roofspace served by a gable window on each gable. This space is shown on the plans as existing as storage. The garage sits 4.5m from the side of the main house. It is visible from the Beinn y Phott Road but not prominent.
1.4 At the time of the site visit the garage was used for the storage of bicycles and domestic items and was only partly used for these purposes with much of the building unused and open.
1.5 There is a small concrete channel which runs parallel with the Beinn y Phott Road within the site which carries a small stream along this boundary.
THE PROPOSAL 2.1 Proposed is the conversion of the building from a garage with storage above to a self contained unit of accommodation. The proposed accommodation is for the applicant's son who is confined to a wheelchair, and his partner.
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2.2 The only physical changes to the outside of the building are replacement windows and doors which would not need permission as they are Permitted Development (Class 38) and the change from garage doors to patio doors which would need planning approval.
2.3 The proposal involves the creation of a lounge/kitchen/dining room on the ground floor served by the three patio doors with access to the upstairs via going outside through the patio doors and back in through another set or through the hall and utility room. The two bedrooms upstairs are en-suite. There is no indication in any of the accommodation of how this will be accessible by a wheelchair user although the applicant has explained that they have arranged the accommodation so that it is usable with space for a standard stair lift with a wheelchair stored on each floor and a toilet on the ground floor with accessible shower facilities on the upper floor.
2.4 The applicant has explained that some of the items in the garage will be removed from the site completely and the bicycles will be stored in another domestic style and sized shed which has yet to be built. They confirm that there have never been any motor cars stored in the garage.
2.5 The residential curtilage does not extend to all of the area edged red on the submitted location plan and if the application is approved, this should be addressed by a condition.
2.6 The applicants also explained that the son currently lives in a Manx cottage where it is not possible for him to get to the first floor and as such half of the house is unused. They wish for all of the family to live on the one site so that they can be mutually supportive.
PLANNING POLICY 3.1 The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as not for a particular purpose and also within areas of Woodland and High Landscape or Coastal Value and Scenic Significance. There is therefore a presumption against development, particularly that which would adversely affect the landscape (Environment Policies 1 and 2). Whilst there is provision for the conversion of some rural buildings into living accommodation (Housing Policy 11) this requires the building to be converted, to be of historic, architectural or social interest which is not the case here. There is a general presumption against the creation of residential units outwith existing settlements in the interests of sustainability (Strategic Policy 2 and Housing Policy 4).
PLANNING HISTORY 4.1 The garage was approved under 96/00002/B and altered to provide the additional first floor storage area under 04/01894/B with no additional conditions other than a requirement for the development to be completed within 4 years.
4.2 An extension into the rear of the site to provide additional garden space was refused (99/02214/B) for the reason that:
"In so far as can be ascertained from the information provided, the proposed works would have the effect of extending the curtilage of "Rose Cottage" into an open agricultural field which is neither necessary or desirable. The site is within an Area of High Landscape Value and Scenic Significance and the north eastern boundary of the site is an area of Registered Woodland; the level of excavation proposed would be intrusive and have a detrimental effect on the visual amenities of the area particularly when viewed from the B10 Barregarrow to Brandywell road."
Concern was also expressed about the lack of information on the impact on existing trees.
4.3 02/01438/B saw an approval on review for the extension of the house.
REPRESENTATIONS
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5.1 Highway Services consider that the development will not have any significant negative highway safety, network efficiency or parking effect (08.01.21).
5.2 Michael Commissioners request a deferral on 01.02.21 until after 10.02.21 then confirm on 12.02.21 that they have no objection.
5.3 Environmental Protection Officer of DEFA enquires about the means of draining the property of its foul water and asks for information on the type of system, and the discharge method to allow an assessment to be undertaken to ensure that the unit is suitable for the additional living accommodation (25.01.21). Further to a meeting between the applicant and the EPU the capacity of the existing wastewater treatment system has been found to be acceptable by the latter who raise no objection to the application (01.03.21).
5.4 Inland Fisheries Division of DEFA confirm that DEFA, fisheries have no objections to this development provided that there is no adverse effect on the adjacent watercourse and precautions to reduce the possibility of harmful materials such as concrete or washings entering the river are put in place. This is due to the nature of both the watercourse and the proposed works (03.02.21).
ASSESSMENT 6.1 The site is not designated for development and as such there needs to be sufficient justification for the creation of what would amount to a self contained unit of living accommodation in the countryside where the provisions of Housing Policy 11 are not met as the building is relatively new and not of historic, architectural or social interest as required by the policy.
6.2 The proposed accommodation is not proposed to be occupied separate from the main house and is unlikely to be so due to the proximity of the buildings and the shared amenity space as well as the access. There are two accesses into and out of the property but the proximity of the northernmost one to the junction of the Beinn y Phott/Ballaleigh/TT Course makes this difficult to use safely. It is not likely that the plot will be severed into two separate units were the present owners and occupants move from the premises. The planning unit will therefore remain as a single dwelling unit even if the garage were converted to additional accommodation.
6.3 The applicants' personal circumstances are such that there is clearly benefit from their son and his partner being able to live on site, both in terms of the applicants' well being and comfort and those of their son and his partner who are currently living in a house which is only partly accessible to him. There is clearly a balance to be struck in weighing the personal benefit to the applicants and their family against the policy presumption against development in undesignated areas.
6.4 There will be no significant impact on the character or appearance of the countryside from the proposed works as those parts of the existing building which are visible are not to be changed in any great way. There may well be additional comings and goings although it could be argued that if the applicants' son is living on site, the trips to and from the site may reduce, not increase, if he is living on site. There is no objection from Highway Services to the proposal so no adverse impact from the additional accommodation being used.
6.5 The nature of the proposals are such that if the ancillary accommodation were no longer needed, the building could be returned to provide some parking at ground floor level with the remainder used as ancillary space as it currently is. This could be required by condition if required.
6.6 The Department is now content with the means of disposal of foul sewage from the proposed development and the undertaking of the development in respect of harm to the
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adjacent watercourse is a matter for Inland Fisheries and the applicant should liaise with them in this respect: a note is recommended.
CONCLUSION 7.1 There is a presumption against development here and the creation of a self contained unit of accommodation would generally not be permitted. However, in this case there are to be minimal changes to the building which would not result in any adverse or significant impact on the character or appearance of the countryside and the accommodation would be highly unlikely to be separated from the main house due to shared access parking and amenity space. In addition to this, there are clearly benefits to the applicants and their family from the additional accommodation being available on site and the conversion works are not irreversible. The application is therefore supported as it is considered that it supports Environment Policies 1 and 2 and the ancillary nature which will prevent severance is capable of being ensured through the attaching of appropriate conditions to the approval.
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 in Article 4(2) 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.
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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.
Decision Made : Permitted Committee Meeting Date: 15.03.2021
Signed : S CORLETT Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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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 15.03.2021
Application No. : 20/01494/B Applicant : Mr & Mrs David Nobbs Proposal : Conversion of detached garage to provide ancillary living accommodation Site Address : Rose Cottage Barregarrow Kirk Michael Isle Of Man IM6 1AX
Principal Planner : Miss S E Corlett
Presenting Officer As above
Addendum to the Officer’s Report
The Planning Committee approved this application at their meeting of 15th March, 2021 subject to an additional condition which suspends the provisions of the Permitted Development Order in respect of the erection of free standing structures and extensions to the new accommodation.
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