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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 21/01036/B Applicant : Mr Ian & Mrs Robin Birdsall Proposal : Erection of a detached shed/boathouse Site Address : No.5 Balnahow Farm Cottage Balnahow Farm Balnahowe Santon Isle Of Man IM4 1HN
Senior Planning Officer: Mr Jason Singleton Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 25.04.2022 __
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. If the use of the building hereby approved ceases for period exceeding 3 months, the building and any supporting base shall be removed and the ground restored to its former condition within 6 months of the date of the cessation, unless a time is otherwise approved in writing by the Department.
Reason: The building has been exceptionally approved solely to meet the applicants need and its subsequent retention could result in an unwarranted intrusion in the countryside.
C 3. The building shall be for private (not commercial) use only and associated with No.5 Balnahow Farm Cottage and the land defined in red and blue on the site plan as submitted.
Reason: In view of the location of the site in this rural part of the countryside; the Department does not consider the site suitable for anything other than private use.
C 4. There shall be no external storage of plant, machinery, materials or vehicles outside of the building identified on the drawing referenced; B4/21/a sheet 1, received on 23/08/21 , unless otherwise agreed in writing by the Department.
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Reason: To protect the character of the area and use of the land.
C 5. For the avoidance of doubt, the residential curtilage of No. 5 shall not extend into the adjacent area to the east of the dwelling house utilised as "paddock". The paddock remains not designated for any particular purpose.
Reason: to clarify the extent of the approval and the status of the site.
This application has been recommended for approval for the following reason. The proposal is deemed to accord with Environment Policy 1 of the IoM Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to drawings received on 23 August 2021, referenced; Elevations and Site Plan - B4/21/a sheet 1
and amended plans received on 14/04/22, referenced; Site / Location Plan - B4/21/a sheet 2 __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS BROUGHT BEFORE THE COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL
1.0 THE SITE 1.1 The application site is the residential curtilage of No.5 Balnahow Farm Cottage. The site comprises a dwellinghouse which is a recently converted agricultural barn with garaging to the rear and timber frame horse stables / tack room to the north east and bounded by a Manx stone wall. This existing timber stable building would measure a footprint of 12m x 4m on a concrete base and 4.0m high to the ridge. The site here is broadly laid to grass.
1.2 The character of the area has been transformed recently with planning consent to convert all the outbuildings into separate residential properties with their own curtilages. There are 5 dwellings served from a private laneway with dwellings clustered together on both sides of the private road.
1.2 This application is a re-submission of a former refusal ref; 21/00633/B (see planning history) to address those reasons for refusal, specifically addressing the siting of the building.
2.0 THE PROPOSAL 2.1 Proposed is the erection of a detached timber building to the north east of the dwellinghouse and adjacent to the existing timber horse stables / tack room.
2.2 The structure would be timber framed construction on a concrete base and cladded with 68mm tongue and groove timber boarding. The building would measure 10m long x 6m wide with 4m wide x 3m high opening doors on the south elevation (front) and 5.3m high to the ridge and 4.0m to the eaves with a shallow pitch 26 deg. The roof would be covered with lightweight shingle tiles.
3.0 PLANNING POLICY 3.1 In terms of local plan policy, the site lies within an area designated as not for a particular purpose / white land on the Area Plan for the East. On the Landscape Character Assessment, the
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area is recognised as Incised Slopes - the most common of the land use character types. The intention of the latter is to protect the countryside and its rural character. The site is not within a Conservation Area or prone to flood risks. 3.2 Within the adopted Isle of Man Strategic Plan 2016, the following policy are considered to be the pertinent relevant policy in the determination of this application:
3.3 Strategic Policy 4 b (in part) (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations;
3.6 General Policy 3: (in part) Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than certain exceptions (none of which apply here).
3.7 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.
4.0 PLANNING HISTORY 4.1 21/00633/B - Erection of a detached garage. REFUSED. "R.1 The application site is not zoned for development. Given the position of the development which is detached from the existing residential curtilages within the broader site area, where it would be visible from the surrounding fields over long distances, and the location for the development which is not essential, the scheme would result in an inappropriate development in the countryside contrary to General Policy 3, and Environment Policy 1 of the Isle of Man Strategic Plan.
R.2 The proposed erection of detached garage represents an unwarranted domestic intrusion into the open countryside beyond the existing residential curtilage of the existing dwellings on the site. As such, the proposal is contrary to both General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2016."
4.2 19/01049/B - Erection of porch extension, detached stables, and alterations to access lane. Approved. Within this approval was consent for the erection of the timber stables noted on site and a condition that denoted the use of the land where the stables were sited; C2. "The residential curtilage of unit 5 shall not extend into the area annotated as "proposed paddock" on drawing 12: the paddock remains not designated for any particular purpose. Reason: to clarify the extent of the approval and the status of the site".
4.3 19/00890/B - Erection of a detached garden store. Approved.
4.4 19/00682/B - Erection of a building to provide two garages and alteration to garden curtilage boundary lines. Approved.
4.5 17/00563/B approved the conversion and alteration of the buildings to residential and the approval was subject, inter alia, to a condition which suspends some of the provisions of the Permitted Development Order:
"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 extensions, garages, garden sheds, walling, fencing or summerhouses may be erected without
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planning approval at any time other than those shown and approved in this application. Reason: To control future development on the site."
5.0 REPRESENTATIONS 5.1 Santon Commissioners has not commented at the time of writing. 5.2 Highways Services do not object (No Highways Interest) 03.09.21
6.0 ASSESSMENT The fundamental issues to consider in the assessment of this planning application are;
(i) Principle for essential need. (ii) the visual impact of the proposed development on the character and appearance of the countryside in terms of siting, design, size or finish.
(i) Essential Need 6.1 There aforementioned policies would indicate there is a general presumption against new development in the countryside, as indicated in Environment Policy 1 and General Policy 3 of the Strategic Plan. The starting point for any development within the countryside (i.e. not zoned for development) is whether there is an exception found through General Policy 3.
6.2 In this instance there is no such policies or exemption for ancillary buildings such as sheds and boat houses in this case and could be considered to be contrary to policy. However, it is clear that it is not unusual for approval to be granted for additional buildings associated with residential properties in the countryside and there is provision within the Town and Country Planning (Permitted Development) Order for buildings within curtilages. Here, it is understood the applicant is seeking a building in which to rebuild a timber boat and storage of such.
6.3 There is allowance for such "structures" in the countryside, albeit agricultural can be found in part (f) that allows an exemption for the erection of agricultural buildings. Whilst this application is not strictly for agricultural or horticultural use, the land is not strictly open countryside either since gaining planning consent for the conversion of the outbuildings through former approvals. The land here whilst not residential curtilage (the agent has confirmed the answer to Qu10 on the application form should read agricultural not residential) is a walled paddock area and is immediately adjacent to the dwellinghouse and at the eastern end of the cluster of buildings.
6.3 The Permitted Development Order generally allows the construction of such things as garages, and sheds alike within a residential curtilage, subject to constraints on size and location. In this case, however these provisions were suspended across all the site and those residential properties in the approval for the conversion of all the buildings to residential (condition 2) as part of the original approval ref; 17/00563/B.
6.4 The erection of a detached timber framed building would sit adjacent to the existing stables building and would not be introducing a new element into this area that is not already present. Given this part of the site is bound by a Manx stone wall and is in close proximity to the dwelling house, the general principle of a structure here could be acceptable (and appropriately conditioned to prevent any material harm) so long as there is no detrimental visual impact in accordance with Environmental Policy 1 to ensure any development does not adversely affect the countryside.
(ii) Impact of the proposal 6.5 Having considered the principle / the close proximity of the dwellinghouse to that of the existing barn and proposed location of the building, we turn to the siting of the building and its general appearance. The light weight design of the buildings utilising timber frame and timber cladding twinned with its low profile height and siting adjacent to the existing stables all helps to ensure any visual impact from distance views (if achievable) are mitigated.
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6.6 Those aspects ensure the proposed building would not appear out of character in its setting and would be read in conjunction with the existing stables building and that of the wider Balnahowe buildings. This helps ensure the overall visual impact on the countryside is kept to a minimum thus limiting any visual impact. In this instance is not considered to have a detrimental impact which would adversely affect the character or quality of the landscape (and conditioned appropriately) to such an extent to warrant a refusal and would comply with the criteria of Environment Policy 1 in terms of no adverse impact.
7.0 CONCLUSION 7.1 The planning application has been designed to ensure its siting and appearance has no adverse impact on the character of this site and the wider countryside, which has been recommended for approval.
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 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: 09.05.2022
Signed : J SINGLETON 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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