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The site defined in red represents the curtilage of The Old Sail Loft, an existing stone building situated on the western side of the Shore Road Underway, the lower road which runs alongside Port St. Mary harbour. The building is attached to number 22 Shore Road, to the south of which is a presently vacant plot on which planning permission has been granted for a dwelling (PA 07/1000). To the north of the application site and defined in blue is an undeveloped area which has permission for re-grading (PA 07/0044).
The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Residential and as Mixed Use on the draft Port St. Mary Local Plan of 2001.
The following applications have been submitted in respect of this site:
Now proposed is the construction of a garage to the side of the building with a roof terrace on top and the modification of the existing Registered Building to create a doorway from the building to the terrace. The garage is a flat roofed structure with 1m high walling around. The earth embankment at the rear and side of the building are to be retained unaltered and the resultant gap between the back of the new garage and the rear wall is to be infilled. The garage is to be finished in stone to match that of the main dwelling.
Manx Electricity Authority recommend a note regarding existing electricity supplies
Port St. Mary Commissioners object to the application on the basis that they consider that the proposed garage is out of keeping with the Registered Building and that the stonework would be difficult to match in with that on the Registered Building.
The occupants of St. Mary's House and Columcille both on the High Street object to the application on the basis of the impact of the garage so close to the retaining wall against which their properties sit and that the proposals will alter the appearance of a Registered Building. It is also noted that there are chimney pots shown on the chimneys which presently do not exist and there is an aerial affixed to the western elevation which is not shown on the drawings.
Department of Transport Highways and Traffic Division indicate that they have no objection to the application.
The proposed garage is similar to that proposed in an earlier application - PA 05/1580 other than the face of the garage will be finished in stone and there will be no railings on the terrace. This application was refused for a number of reasons. However, the appearance or principle of the garage was not one of them. The Inspector comments that "...the garage and garden area as shown on the latest plans, are satisfactory, and that, subject to the Planning Department having sight of the finalised structural engineer's report and assuming that it does show that the reduction in levels of the garden have no structural implications for the rear boundary wall, this will not be of any further concern".
The level of the ground to the rear of the property is to be excavated to make way for the garage and there is no structural engineer's report to clarify that this would not result in damage or undermining of the wall behind. However, this is a matter for the engineer and Building Regulations and as such the absence of such a report is not a reason for refusing the application.
The stone-faced garage will not be unsympathetic to the appearance and character of the Registered Building, which is largely retained through the conversion to a dwelling as previously permitted (PA 07/1807).
The content of this application has been considered with particular consideration to POLICY RB/5 ALTERATIONS AND EXTENSIONS as set out within Planning Policy Statement 1/01. As the garage is attached to the Registered Building, the part of the Policy that has most relevance is as follows:
"In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses."
The Planning Officer notes that the proposed garage is similar to that proposed in an earlier application - PA 05/1580. Whilst that application went to Appeal, the Planning Inspector commented that;
"...the garage and garden area as shown on the latest plans, are satisfactory, and that, subject to the Planning Department having sight of the finalised structural engineer's report and assuming that it does show that the reduction in levels of the garden have no structural implications for the rear boundary wall, this will not be of any further concern".
This application is for the addition of the garage which is shown faced in stonework to match the existing building with garage doors contemporary with the architectural detailing of the remainder of the registered building.
The works will entail the removal of soil by excavation to the rear of the proposed Garage. Of note is that the majority of the objections again relate to structural concerns with the boundary to their properties. These issues are considered to be outside of the remit of the Planning Committee and will be dealt with under the Building Control Legislation which will require Structural Engineer's report and details. The conversion of a current window into a door to provide access to the roof terrace over the Garage is not of major concern.
These proposals, by way of design, massing, location and materials usage, preserve the character of the registered building and its setting and are therefore acceptable.
I recommend approval of this application.
A further structural report has been requested, following the objections from a number of neighbours. Correspondence prepared by Samson Designs and dated 20th June, 2008 includes photographs of work undertaken to date, confirmation from the applicant's structural engineer that damage has not been visible on the rear wall since the excavation has been begun. The original report which was requested under the appeal for PA 05/1580 was prepared and since then two applications have been permitted which include reduction in the level of the rear garden and on the adjacent plot. This work has been carried out and Building Control has been informed all the way through this process. No further excavation of the rear is proposed and the garage will be built off the rock which has been exposed, on a raft foundation to minimise the need for excavated trenches. This letter also confirms that a structural engineer will be present and supervise during the construction work.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The Manx Electricity Authority raise issues regarding working practices around existing supplies, which are not material planning considerations and as such the MEA should not be afforded party status in this instance and the note is not relevant to the decision notice.
Recommended Decision: Permitted
Date of Recommendation: 19.05.2008
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the erection of a garage with terrace atop and installation of new door, all as shown in drawings 0505B/01, -02 and -03 all received on 4th April, 2008.
C 3. Prior to the commencement of the development, a sample panel of stonework to the Garage wall must be prepared (to indicate lime mortar pointing, stone type and coursing) on site, for inspection by the Conservation Officer and approval by the Planning Authority.
Decision Made: ... Committee Meeting Date: ...
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