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21/00969/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00969/B Applicant : Mr Paul & Mrs Katherine Bergin Proposal : Erection of detached double garage and refurbishment of existing outbuilding to provide a store with workshop above Site Address : Ballacain Cottage Lhagg Road Dalby Isle Of Man IM5 3BU
Planning Officer: Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.12.2021 __
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 garage and outbuilding hereby approved shall not be used or occupied until such a time that the main dwelling (as approved under 19/01441/B) has been substantially completed, and shall remain for sole use by the main dwelling thereafter.
Reason: to ensuring no unwarranted or standalone ancillary domestic structures across the countryside in the interest of protecting the rural countryside for its own sake.
This application has been recommended for approval for the following reason. The proposal makes best use of an underused stone building and efficient use of an existing site in line with Strategic Policy 1, and both structures are to be associated with an approved residential dwelling and by reason of their siting being away from the main road, their relatively small scale being subordinate to the main house and their overall visual appearance and design being sensitive and in-keeping with the main house that both structures are considered to have an acceptable visual impact in line with Environmental Policies 1, 2 and 16, and Housing Policy 15 and 16 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to drawing number 269/001, 269/002 and 269/020, and a covering letter from the agent all date received 17/08/2021.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION IS BEFORE THE COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE AND MINDED THAT THE CURRENT PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.
THE APPLICATION SITE 1.1 The application relates to a site recently approved at appeal for a new replacement dwelling which is currently under construction. The property and site sits on the lower western side of the Lhagg Road nearest down from its junction with main Dalby Road.
1.2 The approved dwelling comprises a mix of traditional and modern design and was approve to replace an existing traditional dwelling and outbuilding that once stood on the site. Just west of the approved house remains two existing stone outbuildings, one of which forms part of this application which is currently without a roof and appearing in a poor state of repair.
PROPOSAL 2.1 The current application comprises two parts; o the alteration and conversion of the existing stone outbuilding to create a ground floor garage store and first floor workshop o the erection of a new double garage
2.2 The works to the existing stone building include the upwards building of the gables and the creation of a pitched slate roof. An external staircase and door on an end gable will provide access to the first floor. There will be a small window on the opposite gable. A garage door will sit on the south elevation facing towards the rear garden on the approved dwelling.
2.3 The proposed garage is to sit north of the stone outbuilding and adjacent to a parking area which sits at a slightly higher level than the rear garden. The garage building is to measuring 6.5m x 6.5m and approx. 2.3m to eaves and 5.2m to central ridge. The building is to be painted render and finished in a slate roof with solar panels on its south facing roof slope.
PLANNING HISTORY 3.1 The site has been subject to a number of previous applications including a number of alterations and extensions to the original house in the late 90's, then approval for a replacement dwelling in 2007 under 07/01264/B.
3.2 The two most relevant applications in the case of this application relate to a previously refused garage building in 2010, and the most recent approval for a replacement dwelling in 2019.
3.3 PA 10/00912/B was refused for a large detached garage and tractor shed with a games room over, this building was to measure 8m x 12.1m and was to have a central ridge 6.5m tall. The application was refused on the grounds that the proposal would introduce a structure into the countryside which would be significantly larger than what could be built under permitted development and the size and scale of the proposal would introduce an intrusive feature on land not designated for development and would have a detrimental impact to the character of the area and AHLV. The application was considered to be contrary to GP3, EP1 and EP2.
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3.4 PA 19/01441/B was approved for a replacement dwelling at appeal. While the Inspector concluded that the proposal would be over the 50% guide referred to in HP14 and should be refused, the Minister over turned this recommendation and considered that by reason of the design of the replacement dwelling being in part modern but also re-creating the stone outbuilding, having a footprint and siting generally on the existing and having a passivhaus design which would provide environmentally positive credentials would be in line with what HP14 allows for. The Minister put significant weight on the innovative yet modern design of the proposal respecting the sloping site and of high quality providing a palette of materials which incorporated re-use of Manx stone and slate and would not result in an adverse visual impact and would also comply with EP1 and EP2. The application was approved subject to a number of conditions including C4 which revoked the PD rights for extensions, garages or any other free standing building:
"C4. 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 extension, garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: To control development in the interests of the character and appearance of the surrounding area and taking into account the particular design of the replacement dwelling."
PLANNING POLICY 4.1 The application site is within an area recognised as being an area not zoned for development under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, but is within an area zoned as High Landscape or Coastal Value and Scenic Significance. Minded of the site location, the nature of the current proposal and the planning history for the site it would be most relevant to have regard to Strategic Policies 1, 2, and 5 in ensuring efficient use of existing sites and buildings and ensuring good quality design, Spatial Policy 4 in directly development to appropriate settlements and of appropriate scale, Environment Policies 1 and 2 in ensuring no harm to the countryside or AHLV and Environment Policy 16 and Housing Policy 11 in the conversion of existing rural buildings. While there are no strict policies for the development of domestic garages in the countryside we can lean on both Housing Policies 15 and 16 in ensuring the development of such would not detract from the traditional qualities of the existing buildings and would not adversely harm public views.
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Patrick Commissioners - no objection (17/09/2021).
5.2 Department of Infrastructure Highway Services - do not oppose (02/09/2021).
5.3 No comments received from neighbouring properties.
ASSESSMENT 6.1 Planning history makes clear that the replacement dwelling which is currently under construction was approved on an exceptional basis, and while the Inspector considered the footprint and mass of the building being over 80% of the existing would have an unacceptable spread of development detracting from the open character of the rural landscape, the Ministerial overturn put considerable weight on the siting being similar to that which it was to replace, that its passiv haus standards would present an environmental improvement and that its overall design, part of which recreated the look of a previous stone outbuilding, would have a high quality finish and use a palette of materials which would have an overall acceptable visual impact on the wider landscape. The replacement dwelling was approved subject to a
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number of conditions one of which revoked the PDO rights for any future garage building without prior approval of the Department for reasons in the interest of the character and appearance of the surrounding area and taking into account the particular design of the replacement dwelling.
6.2 In terms of the existing stone building, this is not sized to accommodate any separate residential or tourist use and so its re-use as a store and workshop for the main dwelling would make best use of a currently underused and redundant building which retains much of its historic and social interest and without any significant changes to its general form other than the partial rebuilding of part of the upper gables and installation of a new roof which given its position and level on the site would not result in any significant or adverse harm on the wider open landscape or on the dwelling under construction.
6.3 Where the most concern lies is for the proposed detached garage which introduces an entirely new structure onto the site. While in theory this garage is sized to accommodate two cars, in practice given the narrow width of the doors it's unlikely that vehicles will be housed here. The garage is also positioned a considerable distance from the front door which not an unreasonable walking distance is in practise not a journey likely to be made when cars can be parked on gravel right outside the front door.
6.4 Use of the garage is however down to the individual. As part of the planning assessment regard in this case must be given to its principle minded of the condition specifically revoking such buildings here under the 2019 approval, and then the physical siting in respects of the visual impact on design of the approved dwelling and the wider countryside.
6.5 In terms of the former principle, we have already established that the PDO allows for these structures and it wouldn't be uncommon for their development in association with a dwelling, while it would by its very principle spread the development, minded of its positioning amongst the cluster of built development, its reasonable small footprint and fairly low eaves and overall roof level coupled with its set back position away from public view and at a low level of the site, that the garage would be acceptably subordinate to the main dwelling and would not result in any significant or adverse harm to the wider rural landscape as to warrant a refusal in this specific case.
CONCLUSION 7.1 The proposed works to the stone building and erection of a new garage building are considered to be within the bounds of acceptability so as to not result in a significant adverse visual impact on the wider countryside in line with EP1, EP2, EP16, HP15 and HP16. The principle of these structures in the countryside is considered to be acceptable on the basis that they are to be ancillary and incidental to the approved replacement dwelling currently under construction and make best use of the existing site and underused stone building in line with Strategic Policy 1. Both the stone building and the garage sit within the same red line boundary approved under 19/01441/B and minded of this situation a suitably worded condition shall be added which prevents their use or coming into operation until such a time that the main dwelling is substantially complete.
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;
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(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 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: 13.12.2021
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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