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21/00267/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00267/B Applicant : Mr Christopher & Mrs Ellie Looney Proposal : Erection of a detached double garage with hobby room above Site Address : Ballahutchin House Ballahutchin Hill Union Mills Isle Of Man IM4 4AT
Planning Officer: Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 12.05.2021 __
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. There shall only be one garage erected and constructed on the land shown red on drawing number 4 date stamped 24 Feb 2021.
Reason: The application is intended to be an alternative to 00/00903/B and to ensure that only one garage approval is implemented in the interests of the visual amenities of the area.
C 3. The first floor accommodation of the garage hereby approved shall be used only for purposes incidental to the enjoyment of 'Ballahutchin House' as a dwellinghouse. No separate curtilage shall be formed and the residential annex shall at no time be used as an independent dwellinghouse without the express grant of planning approval from the Department.
Reason: The application has been assessed only in terms of this restricted use and any other use may have an adverse effect on the character and amenity of the area contrary to relevant Polices in the Strategic Plan 2016 and its use as an independent residential unit would not comply with the Strategic Plan 2016 policies regarding new residential development in the countryside.
C 4. 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 development shall be undertaken in accordance with Class 16 Fences, walls or gates of Schedule 1 of the Order at any time.
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Reason: To control future development on the site and prevent any separation of the site.
This application has been recommended for approval for the following reason. Subject to conditions relating to there only being one garage on the site, restrictions of garage use being ancillary to the main dwellinghouse only and removal of PDO for fences, walls and gates that the application is considered to be acceptable in respects of both Environment Policy 1 and Housing Policy 15.
Plans/Drawings/Information; This approval relates to drawing numbers 1E and 5 both received 15/04/2021, and drawing numbers 2, 3 and 4 date stamped and received 24/02/2021. __
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Department of Infrastructure Flood Risk Management __
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE LAND USE DESIGNATION AND IS RECOMMENDED FOR APPROVAL
SITE 1.1 The application site comprises the extents of existing detached dwelling Ballahutchin House located on the south side of Ballahutchin Hill part way between Glen Lough Farm/Campsite and the centre of Union Mills.
1.2 The existing dwelling is set back around 70m from the main road and is fairly visible through the breaks in vegetation around the access and given that the dwelling is on land sloping down into the valley of River Dhoo.
1.3 Although only approved in 2000 the dwelling is of a traditional Manx farmhouse design with a 5 bay frontage, integrated gable stacks, white render finish and a slate grey roof. The footprint of the main house measures 12.8m x 9m, with a smaller 3m x 5m single storey extension on the side elevation and a small porch on the front. The dwelling measures approx. 5.5m high to eaves and 8.8m to central ridge.
1.4 Opposite the house and along the eastern boundary sits an existing timber shed.
PROPOSAL 2.1 The application seeks approval for the erection of a detached double garage sitting at a right angle towards the far eastern side of the house and aligned with the southern rear boundary. The structure is to provide double garage and storage at ground floor and living space in the roof above.
2.2 The proposed structure is to measure 7.8m long and 6.6m wide, 3.5m to eaves and 6.6m to central ridge. The structure is to be installed with large garage door and a window on the principle elevation, with a single access door on the side elevation and three windows at the rear. Access to the upper floor is to be provided by an external staircase on the side gable
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elevation, the first floor will be served by roof lights across either side of the roof slope and an oriel bay window on the other gable.
2.3 Access will be via the existing driveway running along the front of the dwelling.
PLANNING HISTORY 3.1 Approval was granted for the current dwelling under PA 00/00903/B, this application also gave approval for a separate detached garage on the position of the current timber shed. This garage has never been built but could be constructed at any time due to the implementation of 00/00903/B. Since 2000 there has been a subsequent application PA 04/01027/B approved for amendments to the porch.
PLANNING POLICY 4.1 The application site is not designated for development on the Area Plan for the East 2020. In terms of planning policy there are no specific policies that refer to domestic garages on land not zoned for development. However there are a number of planning policies that acknowledge existing traditional residential dwellings throughout the countryside and how to assess extensions or alterations to them (Housing Policy 15). A domestic garage is not an uncommon structure found within a residential curtilage in fact the Permitted Development Order allows for the construction of one domestic garage subject to conditions including there being only one garage on the site. Minded of the nature of the current proposal it would be most reasonable in its assessment to have regard to Environment Policy 1 and Housing Policy 15 in respect of the visual impact on the existing character and surrounding countryside. The site is not shown as being at risk on any flood maps for the area.
4.2 Whilst not planning policy, the Department's recently published Residential Design Guidance (2019) section 6.3 is capable of being a material consideration.
4.3 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.
4.4 Housing Policy 15: The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally).
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Marown Parish Commissioners - no objection 22/03/2021.
5.2 Department of Infrastructure Highway Services - Do not oppose - no negative impacts on highway safety, network or parking in the area (19/03/2021 and 26/04/2021).
5.3 Department of Infrastructure Flood Risk Management - no flood risk interest (19/03/2021)
5.4 No comments received from neighbouring properties.
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ASSESSMENT 6.1 Additional drawings were sought from the agent to demonstrate how the proposed garage would sit alongside the main house. A comparative elevation drawing was provided showing the garage and the main house and it was made clear that by reason of the garage size, form, design and general massing that it would remain visually subservient to the main dwelling and would not dominate the visual appearance of the site from the main road or in the wider landscape. The selected roofing and render materials reflect the traditional materials used on the main house and the garage will be read in conjunction with and for use by the main dwelling.
6.2 Use of the garage structure has been assessed in association with the main dwellinghouse 'Ballahutchin House' only. The Town and Country Planning Act 1999 sets out at Part 2 Section 6 3(b) that "the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such" does not constitute development. So as long as the use of the garage including the upper floor remains for purposes incidental to the enjoyment of the main dwelling it would not be considered development, however any separate or intensification of the garages use would result in a material change constituting development requiring a separate application. With this in mind, a suitably worded condition shall be added to the application linking the garage with the main dwelling, and for the avoidance of doubt the PDO rights in respect of fencing, walls and gates will be removed to ensure no separation to the curtilage.
6.3 The implementation of 00/00903/B to build the main house, means that the garage also approved under that application could be constructed at any time in accordance with those details resulting in two garages on the site and a proliferation of development across the landscape. Minded of this, it is considered that a suitably worded condition be added to the application to restrict the number of garages on site to one only which will give the land owners the option of which they wish to build.
CONCLUSION 7.1 On the basis of the above and the relevant suggested condition the application is considered to be acceptable in respects of both Environment Policy 1 and Housing Policy 15.
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 __
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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: 24.05.2021
Signed : L KINRADE 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
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