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21/00409/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00409/B Applicant : Mr Lee Penrose Proposal : Erection of an open sided car port Site Address : California Cottage Glen Road Colby Isle Of Man IM9 4NU
Planning Officer: Mr Nick Salt Photo Taken :
Site Visit :
Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.06.2021 __
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. The approved works shall be carried out in accordance with the submitted Arboricultural Method Statement (Manx Roots, dated 13th January 2021).
Reason: To safeguard the trees on site in the interests of the appearance of the site and the surrounding area.
This application has been recommended for approval for the following reason. The proposal is considered to be in accordance with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 in that no unacceptable visual impacts to the site or Conservation Area were identified.
Plans/Drawings/Information; This approval relates to the following submitted plans and drawings, received 14.04.21: P.2184- PA/01 Location Map, Block Plan, Topographical Survey and Proposed Site Plans P.2184- PA/02 Existing and Proposed Elevations __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject
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matter of the application to take part in any subsequent proceedings and are not mentioned in Article (4(2)):
Awin Oirr, Upper Ballastrooan, Colby
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
1.0 THE SITE 1.1 The application site lies in a prominent position to the western side of Colby Glen Road, a tree-line minor road within Colby Conservation Area. There is a relatively newly constructed cottage on the site which bounds the road, on the other side of a 0.73-metre-high stone wall. The western side of the site bounds Colby River and features significant tree cover.
1.2 There is a flat roofed garage with corrugated roof to the south of the dwelling, and a hardstanding area to the north adjacent to the access from the road.
2.0 THE PROPOSAL 2.1 The proposal seeks the erection of an open sided car port to cover approx. 38 square metres of the parking area, to the north of the access. The car port would be finished with timber clad support posts, with dark grey roof falling west towards the river side of the site.
3.0 PLANNING POLICY 3.1 The site is identified as being within a Predominantly Residential area as per the Area Plan for the South. It falls within Colby Conservation Area.
3.2 Isle of Man Strategic Plan General Policy 2 states that 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: (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; and (g) does not affect adversely the amenity of local residents or the character of the locality.
3.3 This is reinforced by Environment Policy 35 which sets out that within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.
3.4 POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS contained within Planning Policy Statement 1/01 states that when considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
4.0 PLANNING HISTORY 4.1 No relevant planning history has been identified for this property.
5.0 REPRESENTATIONS 5.1 DOI Highways state that they do not oppose this application (18.05.21).
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5.2 DOI Flood Risk Management Division deferred a recommendation pending completion and submission of an application for consent for works affecting watercourses. (10.05.21).
5.3 DEFA Biodiversity (Fisheries) have confirmed that the completed 'Development within 9m of a Watercourse' form has been received for this application and has been checked by Fisheries Officers (10.05.21) As the proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river. Suitable precautions have been considered by the applicant on the received form. DEFA Fisheries have no objection to the proposed development, provided that these precautions are followed and there is no disturbance of the watercourse. The applicant is however advised to contact DEFA when works are due to commence, which can be done by email or telephone.
5.4 Arbory and Rushen Parish Commissioners support the application (25.05.21).
In breach of legal covenant
6.0 ASSESSMENT 6.1 The key consideration in the assessment of this planning application is the impact on the character and appearance of the site and wider Conservation Area. Due to the scale, design and siting of the proposal no impact on residential amenity is considered likely. The site is within a residential area as per the Area Plan for the South, and associated development including outbuildings is therefore acceptable in principle.
6.2 Any alterations or extensions to the site must be sympathetic to the street scene and the site itself. The key test, as per Environment Policy 35, is that the character and appearance of the conservation area must be either preserved or enhanced.
6.3 The area to be covered by the car port is currently a hardstanding parking area, and as such, the use of this area would not change. The only visible alteration would be the above- ground structure of the car port - the roof and supporting posts. The submitted plans confirm that the port will be clad in timber over the steel supports. The grey roof would slope away from the road towards the west. The overall height of the car port would be 2.54 metres, with around 1.7 metres being above the height of the existing stone wall. The roof would be 7.4 metres long with a maximum width of 6.2 metres.
6.4 This part of Colby Conservation Area and Colby Glen Road is characterised by its treeline, winding nature - interspersed with varying designs of building. The application site has a stone outbuilding directly bounding the site which features a grey corrugated roof and is the eye-catching site feature when approaching from the south.
6.5 The proposed car port would have a more minimal visual impact when compared with the existing outbuilding due to its modest 2.5m height and open sided design. The use of timber to the support posts would visually tie it in with the surrounding trees and would ensure that it does not become a more dominant feature in the street scene than the site dwelling itself.
6.6 With regard to trees, these are noted as a key feature of the site and wider street scene. The applicant has submitted an arboricultural method statement demonstrating that the support posts for the car port will not harm the root protection areas of the existing trees. A condition is attached to this approval to ensure that works are carried out in accordance with
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this document. The protection of the trees would ensure the protection of the key element of this part of Colby Conservation Area.
6.7 Overall, the proposed car port would have a minimal visual impact and would not harm the character and appearance of the Conservation Area, and in some respects enhance its appearance, in accordance with Environment Policy 35.
6.8 The comments from the neighbouring property owner in relation to the legal covenant are noted. This is a legal matter which is not a material planning consideration.
7.0 CONCLUSION 7.1 In summary, the proposal is considered to accord with General Policy 2 and Environment Policy 35 of the IOMSP. No unacceptable visual impact has been identified as likely with respect to the character and appearance of the site or Conservation Area.
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 __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made: Permitted Date: 24.06.2021
Determining officer
Signed : J SINGLETON Jason Singleton Principal Planner
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