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                                      21/01279/B                                     Page  1  of  6

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 21/01279/B Applicant : Mr Paul & Mrs Susan Kelly Proposal : Proposed alterations to existing conservatory Site Address : East Ballabane Smeale Ramsey Isle Of Man IM7 3EB

Enforcement/Planning Assistant: Ms Charlotte Gatt Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 11.04.2022 __

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.

This application has been recommended for approval for the following reason. The planning application would be an acceptable form of development that complies with all of the relevant policies and the principles of the Residential Design Guide and is therefore approved.

Plans/Drawings/Information;

This decision hereby approved relates to drawings and documents submitted to the Department numbered and titled;

HLK/21/191 Drg No. 1 - PLAN AS EXISTING OF DWELLING AT "EAST BALLABANE", SMEALE. ANDREAS. HLK/20/182 Drg No. 2 - PROPOSED ALTERATIONS TO EXISTING CONSERVATORY AT "EAST BALLABANE", SMEALE. ANDREAS. HLK/21/191 Drg No. 3 - Proposed alterations to existing conservatory at "EAST BALLABANE", SMEALE, ANDREAS - BLOCK PLAN

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                                      21/01279/B                                     Page  2  of  6

HLK/21/191 Drg No. 4 - Proposed alterations to existing conservatory at "East Ballabane", Smeale, Andreas. - SITE LOCATION PLAN

All recorded as being electronically received on 04.11.2021

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Interested Person Status - Additional Persons

None __

Officer’s Report

THE SITE 1.1 The application site is the residential curtilage of an existing property "East Ballabane" in Smeale, Andreas. The property is a two storey detached farm cottage, located to the north of the highway within the curtilage of larger farmland. The dwelling has gardens to the front and a yard rear of the property.

1.2 The existing dwelling has approval for additional use as self-catering tourist accommodation (PA 07/00634/C).

2.0 THE PROPOSAL 2.1 Proposed is the removal of the existing pitched roofed conservatory with the erection of a single storey, 25 degree pitched roof extension off the southern gable of the existing property.

2.2 The proposed footprint would measure 4960mm offset from the dwellinghouse by 3950mm externally with glazed patio doors measuring 2000mm to the west elevation, one 3200mm x 1220 feature window to the south elevation and a 4 panel 2400mm x 1220mm window on the east elevation.

2.3 The 25 degree pitched roof will be finished in slate and have a velux roof window measuring at 1340mm wide x 980mm high on both front and rear elevations (2 in total).

2.4 The extension is to be rendered and painted externally to match the existing dwelling. (Rough stone appearance)

3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site is within an area zoned as "Open Space" and falls under the category of an area of high landscape or coastal value and scenic significance as identified on the 1982 Development Plan (North). Given the nature of the application it is appropriate to consider General Policy 2 & 3, Environment Policy 1 and Housing Policy 15 of the Isle of Man Strategic Plan (2016)

3.2 General Policy 3

"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

a) Essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); b) Conversion of redundant rural buildings which are of architectural historic, or social value and interest; (Housing Policy 11);

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c) Previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; d) The replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); e) Location-dependent development in connection with the working of minerals or the provision of necessary services; f) Building and engineering operations which are essential for the conduct of agriculture or forestry; g) Development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and h) Buildings or works required for interpretation of the countryside, its wildlife or heritage.

3.3 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.

3.4 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).

3.5 In March 2019 the Department published the Residential Design Guidance which provides advice on the design of new houses and extensions to existing property. This echoes the advice of HPs 15 and 16 in respecting the character and appearance of the existing.

3.6 General Policy 2 (GP2) (in part)

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; (g) does not affect adversely the amenity of local residents or the character of the locality;

3.7 Paragraph 8.12.1 of the Isle of Man Strategic Plan 2016 states: "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general."

3.8 Residential Design Guidance provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property.

4.0 PLANNING HISTORY

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4.1 There are a history of planning applications in relation to the site and surrounding area, although none of which would be considered material to the assessment of this application, other than the two included below.

4.2 PA 99/02292/B Erection of conservatory and installation of two new windows - Permitted (05.05.2000)

4.3 As mentioned in para 1, the existing dwelling has approval for additional use as self- catering tourist accommodation (PA 07/00634/C).

REPRESENTATIONS 5.1 Representations can be read in full, online, on the Government's website.

5.2 DOI Highways Services have commented and raised No Highways Interest. (03.12.2021)

5.3 The Ecosystem Policy Team have provided the following comment; (06.12.2021) "We are aware that there is an active bat roost in the grounds of East Ballabane. This roost is not located in the main property or conservatory. However, due to the proximity of the known roost there is increased likelihood that bats could be present in the conservatory. Conservatories are not a favoured or usual bat roosting location. However, bats have found in conservatories in the past and could be present in crevices between the conservatory and house or under the lead flashing in this case, though the probability is considered low. We do not believe that bat surveys are required in this instance but request that the following advisory note is included on the approval notice. Bats are listed on Schedule 5 of the Wildlife Act 1990. It is an offence to intentionally or recklessly kill, injure or take, or to damage or destroy, or obstruct access to, any structure or place bats use for shelter or protection, or to disturb bats while they occupy a structure or place which they use for that purpose. Thorough checks for bats should be made in any cracks and crevices prior to alteration of the conservatory. If bats or evidence of bats is found the DEFA Ecosystem Policy Team (651577) or Manx Bat Group Helpline (366177) should be contacted."

5.4 There are no comments from neighbouring properties at the time of writing.

6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) visual impact of the proposed development; (GP2(b) & (c) (ii) the impact upon the amenities (overlooking, loss of light; over bearing impact, privacy and visual amenity) of the neighbouring properties. (GP2(g))

6.2 (i) Visual Impact

The principle of extending at single storey level is an acceptable form of development for increasing the floor area. The proposed extension would be acceptable in terms of size and height and the general appearance, it is considered proportionate to the gable elevation and designed to match that of the existing dwelling. As the extension is contained views from the highway are screened by the old agricultural walls and high tree screening. When finished to match the existing property, it will ensure the built form is in keeping with the character and appearance of the dwellinghouse. These aspects of development are deemed to be an acceptable form of development that complies with those sections of General Policy 2(b) & (c) and the RDG 2021.

6.3 (ii) Neighbouring amenities

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The level and scale of development proposed here, especially being single storey are considered to be relatively modest and not judged to cause harm to the enjoyment of the main dwellinghouse or considered to harm any neighbouring amenity. The proposed extension, would not be majorly visible through screening by walls and trees. Any views off the replacement extension from those properties that share the same road, would be read in the residential context of the property and surrounding area.

6.3.1 When considering whether there would be any loss of light or overshadowing from the built form of the extension, given the single story nature and distance from any immediate neighbouring property, it would not be relevant to consider the extension to have an overbearing effect.

6.4 Other Matters - IMPACT ON ECOLOGY (EP 4, GP 2) 6.4.1 In terms of the ecological impacts of the proposed development, the Ecosystem Policy Team have stated the following; "We do not believe that bat surveys are required in this instance but request that the following advisory note is included on the approval notice - Bats are listed on Schedule 5 of the Wildlife Act 1990. It is an offence to intentionally or recklessly kill, injure or take, or to damage or destroy, or obstruct access to, any structure or place bats use for shelter or protection, or to disturb bats while they occupy a structure or place which they use for that purpose. Thorough checks for bats should be made in any cracks and crevices prior to alteration of the conservatory. If bats or evidence of bats is found the DEFA Ecosystem Policy Team (651577) or Manx Bat Group Helpline (366177) should be contacted."

7.0 CONCLUSION 7.1 The planning application would be an acceptable form of development that complies with all of the relevant policies and the principles of the Residential Design Guide.

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 the Head of Development Management 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

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Decision Made : Permitted Date : 25.04.2022

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

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.