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The application site is the area shown outlined in red on the the submitted drawing 10075901. This area includes the curtilage of Ash Lodge, Patrick Road, St Johns and the land that extends to the south which are shown to be used for keeping animals. The grounds consist of approximately 7 acres including a wooded glen.
This application seeks approval for the erection of a garage/storage building with room over to replace existing detached garage. The new building would have a ridge height of 6.6 metres. The building to be removed is a detached pitched roof garage which has in the past had added to it a lean-to on its side elevation and a further outlet to the rear elevation. The building is divided into four sections labelled: Garage, Fruit Store/Animal Feed, Wood Store and Garden Tools. The building is set to the north west of the dwelling, siting between the house and the road, screened by vegetation. The statement of the applicant which accompanies the application sets out that the existing building is in poor condition and is unsatisfactory. In summary, the issues set out are that it allows water egress, is not rodent proof, cannot keep items stored within it dry, caused deterioration of equipment, allows wood in the store to become damp and rotten, does not provide sufficient storage
for two vehicles and does not provide an outside toilet for use when working outside or by the gardener.
The proposed building is intended to provide storage for tools and machinery, a livestock feed store, a store for produce of the land, a wood store to serve the three wood burners and two open fires of the house and vehicle storage for two classic cars. The building can best be described as being one and a half storeys, with first floor accommodation being provided partly within the eaves space. At ground floor level there would be a double garage, a wood store, fridge room, animal feed store, fruit store and W.C. The first floor level (accessed via an external staircase) would act as a home office and hobbies room. The desire for accommodation at first floor level is set out within the applicant's statement. It is set out that the applicants are chartered accountants who run two accounting businesses based in offices in Douglas. It is stated that they occasionally need access to a home office for issues arising outside of office hours. In addition the applicant is involved in work relating to a number of different businesses and trusts the work for which is largely conducted from home. The applicant states that they have a home study but this is also now used by their two daughters for homework. The room above the proposed building would provide a home office with storage along with a hobbies room.
The new building would largely be built over the existing and in the view of the applicant would be a more attractive structure than what presently exists. The external walls would be clad in Manx stone and the applicant sets out that the position of the site is such that it would not be readily visible from the surrounding area.
The application site is located within an area identified as being of High Landscape or Coastal Value and Scenic Significance by the 1982 Development Plan. Within the Isle of Man Strategic Plan, the following policies are judged to be relevant:
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
"New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
There are no previous planning applications considered relevant in the assessment and determination of this application.
Patrick Parish Commissioners do not object to this application provided that a condition limiting the use of the office is attached.
The Highways Division do not object to this application.
The application site is situated within the countryside and as such is not designated for development. General Policy 3 sets out the exceptional forms of development that may be permissible in such areas. In terms of this proposal, provision is made for development that is essential to the conduct of agriculture. No provision is made for home offices or play rooms.
Given the size and use of the holding and the fact that the existing building that is proposed to be replaced serves as an agricultural store, the principle of a replacement agricultural storage building is accepted. The need for an improved facility as set out by the applicant is compelling and is judged to be sufficient to render the agricultural storage element of the proposed building to be essential.
Whilst the agricultural element of the proposed building is justified, the accommodation proposed within the upper level is not supported by policy. No specific provision is made for detached home offices or studies to be contained within new detached rural buildings, although in some cases this may be achieved without increasing the size of a building so that it appears as a dwelling. In this case the building would look more like a small dwelling than an agricultural store, largely as a result of the upper floor accommodation. It is considered that the building would be attractive and would not be readily visible from public vantage points. However the Strategic Plan at Paragraph 4.3.11 confirms that "Merely arguing that a new building cannot be seen in public views is not justification for the relaxation of other policies relating to the location of new development." It would be wrong to permit a building which looks like a dwelling in an area in which new dwellings are not permitted by established planning policy.
Housing Policy 15 allows for the extension of rural dwellings and this provision could be used to provide an office/study to the property. This would render the agricultural aspect of this scheme acceptable. However by incorporating the office/study into the first floor of the proposed building, it would have the appearance of a new dwelling and in that sense would be tantamount to a new dwelling within the countryside.
Refuse.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Patrick Parish Commissioners
Accordingly the following parties are not granted Interested Party Status:
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Refused Date of Recommendation: 25.05.2011
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
R 1. The design of the building and the inclusion of accommodation at first floor level would result in the building having the appearance of a dwelling. As such the development would be tantamount to a new dwelling in the countryside and would therefore be contrary to the objectives of GP3 and HP4 of the Strategic Plan.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Senior Planning Officer.
Decision Made: Refused Date: 31.5.11
Signed: Michael Gallagher Director of Planning and Building Control Delete as appropriate
Signed: Jennifer Chance Senior Planning Officer
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