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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 22/01152/B Applicant : Mr Kevin Bott Proposal : Erection of oak timber frame car port over the existing hardstand area at land between The Nook & Riverside House Site Address : Land Between The Nook & Riverside House Crossag Road Ballasalla Isle Of Man IM9 3EE

Planning Officer: Miss Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Refused Date of Recommendation: 21.11.2022 __

Reasons for Refusal

R : Reasons for Refusal O : Notes attached to reasons

R 1. By reason of the size, scale, height, overall massing and positioning along the road the proposal is considered to result in an unacceptable and incongruous feature in the streetscene and one which detracts and adversely impacts the character and appearance of the Conservation Area. The application is considered to fail Section 18 of The Act, Environment Policy 35 and General Policy 2 (b, c, g) of the IOM Strategic Plan 2016 and to go against the principles of PPS 1/01.

R 2. By reasons of its size, scale, height overall massing and position close to the neighbour also result in an unacceptable and unneighbourly overbearing impact on the living conditions of The Nook. The application is considered to fail the tests of General Policy 2 (g) and to fail the principles of Section 7 of the Residential Design Guide 2021. __

Interested Person Status - Additional Persons

None __

Officer’s Report

THE SITE 1.1 The application site is a small triangular parcel of land situated on the western side of Crossag Road, Ballasalla part way between the junction with Abbots Way and Phildraw Road.

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The site is bound by a stone wall along the public highway, towards the northernmost end, nearest neighbouring property The Nook, is an area of off road parking. Within the site are also two steel framed containers, one in the southern end nearest Riverside Cottage and a smaller one along the western rear boundary.

1.2 The existing site is and containers are owned and used in association with Croit-ny-Kiyt, a detached cottage sitting three properties to the north and provides off road parking for two vehicles for the dwelling.

1.3 Land in the area slopes towards the south, with the driveway having a similar sloping gradient and stepping between either of its immediate neighbours.

1.4 The site is located within the fully designated Silverdale Conservation Area and adjacent to the proposed Conservation Area.

THE PROPOSAL 2.1 Proposed is the erection of a timber framed car port over the existing hardstanding. The building is designed to have a pitched roof with its end gable facing towards the main road.

2.2 The building is to measure 5.6m wide along the road edge, and its roof is to run approx. 7.8m backwards into the site.

2.3 Due to the sloping site the height of the central ridge and eaves levels will vary slightly but the building is to be approx. 5.2m to central ridge and between 3.4m - 3.8m to eaves level. The building is to be enclosed in timber towards the rear and open sided to the front. The roof is indicated to be finished in slate and solar panels to the south facing roof slope.

PLANNING HISTORY 3.1 Hardstand parking was approved under PA 98/02317/B and a garage later approved under PA 02/00286/A although never progressed. In 2005 the site was approved for the erection of the existing metal shed under PA 05/01518/B and another green coloured steel framed container approved under 20/00185/B and which is on the site.

PLANNING POLICY 4.1 The site lies within an area designated as 'Residential' on the Area Plan for the South 2013 and within the designated Silverdale Conservation Area. Minded of the conservation area status any development must either preserve or enhance the character and appearance of that area in line with Section 18 of the Act and Environment Policy 35 of the Strategic Plan. PPS 1/01 also provides additional guidance on heritage works and works in a conservation area and asks that the special character of the CA is taken into account in the determination of any development proposal.

4.2 Minded of the proposal it would also be necessary to have regard to the general standards towards acceptable development set out in General Policy 2 particularly parts b, c, g, h and i in ensuring no adverse visual, amenity or highway safety impacts. The Residential Design Guidance 2021 also provides advice on how such visual and amenity impacts may be assessed in terms of streetscene and neighbouring amenity and would be a material consideration here.

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Malew Commissioners - No objection (05/10/2022).

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5.2 Department of Infrastructure Highway Services - do not oppose (12/10/2022).

ASSESSMENT 6.1 There is no design statement provided with the application and it is unknown what the need for the structure is other than as a general car port. It is acknowledged that the site was subject to some pre-application advice and that the agent/applicant has opted to submit the current scheme as the full application. The issue in this case is whether or not the proposal preserves or enhances the character and appearance of the Conservation Area in accordance with Environment Policy 35 and PPS 1/01, whether or not there are any amenity issues on the adjacent neighbours and whether there are any highway safety issues. As part of this a brief summary of 20/00185/B is to be provided as background.

Conservation Area Appraisal Summary 6.2 The Character Appraisal for Silverdale and Ballasalla indicates that Ballasalla may have originally developed around Rushen Abbey and the Abbey farms but in the later nineteenth century, evolved from the utilisation of the river for industrial use and the traffic generated by the merging of roads from Douglas, St Marks, Foxdale, Ballabeg and Castletown. Some of the key features contributing to this area being Silverdale Mill and Glen, the archaeological site of Rushen Abbey, the Ford and Monks' Bridge, St Mary the Virgin Memorial Church and the general contribution from older buildings within the streetscape. There are however a number of building that are showing signs of neglect, or have been inappropriately altered, and there are others more recent buildings and structures (bungalows, garages, etc) which do not contribute to the visual or architectural integrity of the area.

Background of PA 20/00185/B 6.3 The officer report for PA 20/00185/B makes clear that the surrounding area "is made up older more traditional dwellings lining both sides of the narrow winding road, fronting directly on to the highway or with their gable end facing the road. Those stepped back slightly are bound with some form of traditional stone wall. The application site is bound by a fairly large stone wall and sits near to the bend in the road. The existing shed within the site sits at a level much higher than then road but has been concealed overtime by large hedging and bushes along the roadside boundary. The applicant has provided copies of the decision notice for the original shed in which it was conditioned that the roadside vegetation must be retained and if died or removed must be replanted with new."

6.4 The same officer report indicates that the situation of the site is unusual being separated from the main dwelling. The tight knit position of the main dwellings means that there is limited scope to have any off road parking or shed structures and so it is indicated that there needs to be some degree in flexibility in what can be accepted elsewhere. The cluster of development around the main junction here significantly contributes to the historic character and appearance of the Conservation Area and forms an important entrance point into Ballasalla. The application site as part of the 2020 application was considered to contribute very little to the area with the narrowness of the road and the traditional buildings either being side being more prominent and helping to draw the eye away from the site.

6.5 The 20/00185/B officer report indicated that a culmination of structures on the site could make worse its overall appearance but that on the basis of the proposal being as far from the road as possible, its green colour and the proposed roadside planting will help to mitigate some of those visual impacts to such a degree to enable support to be afforded.

Visual Impact on Conservation Area 6.6 Proposed now is a timber framed car port finished with a pitched slate roof sitting directly along the main road and covering over the existing hardstanding area. The overall height and general massing results in a large and visually prominent feature in the streetscene and one which is likely to draw a negative eye and detract attention away from those traditional features in the surrounding area which do positively contribute to the character and

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appearance of the area. The gable fronted design and the depth of the eaves further creates a top heavy and bulky appearance, and whilst the use of timber is not an uncommon material, its use in this larger scale building design somewhat exacerbates its overall appearance being at odds and insensitive to the area. The proposal on this basis is not considered to have an acceptable visual impact and is not considered to preserve or enhance the character of the Conservation Area. In this respect the application is considered to fail Section 18 of The Act, Environment Policy 35 and General Policy 2 (b, c, g) of the IOM Strategic Plan and to go against the principles of PPS 1/01.

Amenity Impact on Neighbours 6.7 The proposed structure is to sit on the southern site of The Nook and around 7m from its nearest end gable elevation which contains 4 windows. The proposed car port by reason of its height, position and general relationship to the neighbour is likely to result in a notable changes from these gable windows. Whilst the car port roof will slope away from their property, it stills sits relatively close and in the sun path, there are other windows to the front of the property and so these gable windows may not be the only ones serving the rooms but their facing south may make them more important to the internal spaces. Based on the information available and the already close knit and tree shaded situation in this area, it is likely that the height, scale, position and overall massing of the building is likely to have an unneighbourly impact on the occupiers of The Nook through potential overshadowing and impact on general outlook from their end gable windows both at ground and first floor. The proposal is considered to fail the tests of General Policy 2 (g) and to fail the principles of Section 7 of the Residential Design Guide 2021.

Highway Safety 6.8 The proposal makes no changes to the existing access or hardstanding and so it is not expected that there will be any new or increased highway safety issues beyond the existing arrangement. DOI Highway Services have also indicated that they do not oppose. On this basis the proposal is considered to have an acceptable highway safety impact in line with General Policy 2 (h and i).

7.0 CONCLUSION 7.1 Although considered to have an acceptable highway safety impact, by reason of the size, scale, height, overall massing and positioning along the road the proposal is considered to result in an unacceptable and incongruous feature in the streetscene and one which detracts and adversely impacts the character and appearance of the Conservation Area. By reasons of its size, scale, height overall massing and position close to the neighbour also result in an unacceptable and unneighbourly overbearing impact on the living conditions of The Nook.

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:

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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 a Principal Planner 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.

Decision Made : Refused Date: 22.11.2022

Determining officer Signed : J SINGLETON

Jason Singleton

Principal Planner

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.