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Isle of Man Government Reiltys Ellen Vennin
Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel: (01624) 685859 Fax: (01624) 685945 E-mail: [email protected] Chief Executive K. A. Kinrade
Please reply to the Chief Executive
Our ref: KAK/MC 2^{\text {nd }} February 2009.
Dear Sir/Madam, ON APPEAL: PA08/716/GB - Central Pacific Services Limited - Alterations and erection of attached garage (in association with 08/717/CON), The Old Sail Loft, Shore Road Underway, Port St. Mary, IM9 5DX
I refer to the recent appeal hearing in respect of the above planning application. In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.
The Minister has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, he has directed that the Planning Committee's decision to approve the application should be confirmed.
Yours faithfully,
Please see over for circulation list/......
Circulation List - PA08/716/GB
APPEAL Nos 08/0182 and 08/0183. PLANNING APPLICATION Nos.08/00716/GB and 08/00717/CON .
Appeals by Mr B O'Friel against approval for alterations and erection of attached garage and approval of Registered Building Consent for the same development, The Old Sail Loft, Shore Road Underway, Port St Mary.
The material points are: 3. By permitting the proposed scheme it may encourage further changes in the future; the plans show two chimney stacks with pots, but there are no pots on the existing chimneys. TV apparatus is on the roof without consent. The chimney stacks are not in good condition and there is no guttering on the northern side of the roof. The proposed garage would alter the appearance of The Old Sail Loft, reduce light into the ground floor and there is no need for the building. That would not be in keeping with the spirit of a Registered Building. 4. It is also proposed to fill in the gap between the garage and the retaining wall and as that wall is old, a gap should be left for maintenance purposes. The foundations of any new building may damage the foundations of the wall with serious consequences for properties in High Street. A great deal of soil has been removed to expose the lower parts of the retaining wall which was previously supported by soil and other material. As there is no barrier between the retaining wall and the public roadway, there could be a substantial public hazard if the wall
APPEAL Nos 08/0182 and 08/0183.
PLANNING APPLICATION Nos. 08/00716/GB and 08/00717/CON.
collapses. There would also be considerable changes to a window to allow access to the terrace on the roof of the garage; objection is made to that alteration. The garage may need more substantial foundations. There would also be an increased visual impact with the garage building appearing out of place adjacent to The Old Sail Loft and reduce views of that building. With global warming, the Government should not permit new development along the shore line.
THE CASE FOR THE PLANNING COMMITTEE
The material points are:
The proposed garage would be similar to one in an earlier application (PA 05/1580); whilst that scheme was refused, the principle and appearance of the garage was not a reason for refusal. In the subsequent appeal, the Inspector stated that the garage was satisfactory and subject to an engineer's report, would have no structural implications. The level of the ground to the rear of the property would be excavated to allow the garage to be built; the question of the structural engineer's report is a matter for Building Regulations. The stone-faced appearance of the garage would not be unsympathetic to the appearance and character of the Registered Building, which is largely retained through conversion to a dwelling as permitted under PA 07/1807.
Following objections from neighbours, a further structural report, including photographs, found there to be no visual damage to the rear wall since excavation work commenced. The previous permission for the reduction in ground level of the rear garden and adjacent plot has been carried out and Building Control was informed throughout the work. No further excavation is proposed and the garage would be built on the exposed rock on raft foundations.
A report from the Conservation Officer recommended approval. It also stated that as the building is Registered, it is the subject of Policy RB/5 which requires the Department to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest. The present scheme shows the new garage faced in stonework to match the existing building and garage doors contemporary with the architectural detailing of the remainder of the Registered Building. Issues relating to structural concerns are outside of the remit of the Planning Committee and dealt with under Building Regulations. In terms of design, massing, location and materials, the scheme would preserve the character and setting of the building.
AP 08/0182 and 08/0183
APPEAL Nos 08/0182 and 08/0183. PLANNING APPLICATION Nos.08/00716/GB and 08/00717/CON .
The material points are: 8. Object as the garage would be out of keeping with the original building and alter its overall appearance; the stonework would be difficult to match that on the existing building. The proposed doorway would also be objectionable. The Commissioners listed previous applications made on the site, including comments made by an Inspector at appeal stage. They also asked that the scheme be considered in the light of Policy RB/5.
The material points are: 9. The application was submitted following discussions with the Planning Officer and the Conservation Officer; the principles of design for internal and external preservation and the garage were agreed with those Officers. The garage is needed to allow safe parking away from the worst of the elements and sea spray; it is also needed for the storage of bicycles and ladders etc. As there is no private external area attached to the property, the opportunity has been taken to create a terrace on the roof of the garage with direct access from the kitchen area. The design, materials and provision of a parapet wall instead of railings has been agreed with the Conservation Officer. An existing window would be modified to create the access doorway; it would not unduly affect the character of The Old Sail Loft. 10. Recent approvals have allowed removal of soil to create a level surface; there has been no structural effect on the boundary wall. A concrete floor slab will be cast directly over the existing rock base without the need for deep foundations. The roof of the garage would be reinforced and the infill between the rear of the garage and the wall would consist of weak mix concrete to allow consolidation of the wall and eliminate any need for access to that area for maintenance work. There would be no difficulty in matching the existing stonework and a sample panel would be provided for approval by the Conservation Officer. The reason for the number of applications made on the site was following advice from the Department and to allow each phase to be properly considered without compromising other elements.
The material points are: 11. No objections.
APPEAL Nos 08/0182 and 08/0183. PLANNING APPLICATION Nos.08/00716/GB and 08/00717/CON.
The material points are:
APPEAL Nos 08/0182 and 08/0183.
PLANNING APPLICATION Nos. 08/00716/GB and 08/00717/CON.
The garage would not have deep foundations as it is intended to build it on a concrete raft foundation and would not involve the removal of the rock at the base of the retaining wall. A survey has been carried out by Structural Engineers that covers construction methods and the retaining wall. It suggests there would be minimum impact upon the base of the wall, but suggests the face of the wall should be maintained to prevent further attrition. In these circumstances, I consider there would be no significant harm likely to be caused to either the base of the wall or retention of the face of the wall. Clearly, the future maintenance of the wall and prevention of further cracking or weathering would be a matter for the owner or owners. The infilling of the area between the new garage and the wall would also allow improved stability of the wall.
Turning to the question of the change to one of the windows into a door to allow access onto the roof terrace of the garage, I consider the proposed hardwood door with vision panels would match the existing entrance door and not cause significant harm to the appearance of The Old Sail Loft. I am aware of the concern of adjoining residents in respect of the cumulative effect of a number of applications made for development on the site. However, that approach was seen by the Department of Local Government and the Environment as being the best and most relevant manner in which to deal with a number of different proposals. I can see little harm in such an approach as it would allow a most careful assessment of each scheme, as the current appeal proposals demonstrate. For all of these reasons, I am of the opinion that the proposed development would comply with planning policy and preserve the character and setting of the Registered Building.
I have taken into account all other matters raised at the Inquiry and in the statements, but none was sufficient to outweigh the conclusions that led to my recommendation.
RECOMMENDATION
David G Hollis Inspector
AP 08/0182 and 08/0183
APPEAL Nos 08/0182 and 08/0183. PLANNING APPLICATION Nos.08/00716/GB and 08/00717/CON .
FOR THE APPELLANT Mr B O'Friel FOR THE PLANNING COMMITTEE Sarah Corlett FOR THE APPLICANTS Mr J Morris Mr S Samson FOR THIRD PARTIES Carol Rowley
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