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22/01410/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01410/B Applicant : Mr Tom Sagal Proposal : Erection of a garden shed in the boundary of the property to be used for storage of garden items Site Address : Ballachesed St Marks Ballasalla Isle Of Man IM9 3AH
Planning Officer: Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 19.12.2022 __
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 proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 15th November 2022; o Location Plan o Scaled Location Plan o Photo of Proposed Shed o Proposed Floor Plans __
Interested Person Status - Additional Persons
None __
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Officer’s Report
THE APPLICATION SITE
1.1 The application site is within the curtilage of Ballachesed, St Marks which is a traditional property situated to the Western side of Ballasalla Road.
THE PROPOSAL
2.1 The current planning application seeks approval for the erection of a garden shed measuring 5m by 3m with an approximate height of 2.31m. The proposed shed is going to be constructed from timber with a box steel roof.
PLANNING HISTORY
3.1 The previous planning applications are not relevant in the assessment of this application.
PLANNING POLICY
4.1 The site lies within an area zoned as "Not zoned for Development" under the 1982 Development Plan, South Map. The site isn't within a Flood Risk Zone but is within a Conservation Area.
4.2 ISLE OF MAN STRATEGIC PLAN 2016
4.2.1 Given the nature of the of the land designation and the property being within a Conservation Area, the most relevant policies are Section 18(4) of the Town and Country Planning Act (1999) followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.
4.2.2 The above policies are then followed by Housing Policy 15 due to the traditional elements of the property, which seeks that extensions or alterations respect the proportion, form and appearance of the existing property, Strategic Policy 5 which seeks that new development should make a positive contribution to the environment of the Island, General Policy 2 sets out general development control standards in connection with the Residential Design Guidance, Environment Policy 1 seeks to prevent development which would adversely affect the side other than in exceptional circumstances and General Policy 3 states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than a number of stated exceptions, which do not include the extension of existing dwellings
4.3 ST MARKS CHARACTER APPRAISAL
4.3.1 The St Marks Character Appraisal makes reference to Ballachesed by stating, "2.3 A few relatively minor changes appear to have taken place to the built environment over the past 130 years. The Methodist Chapel which was known to be in existence in 1861 has been extended twice (1892 & 1895). Ballachesed (formally The Hollies) was built in the final quarter of the 19th century. Ballagarey Green and Victoria Cottage have been extended and some small buildings between the former and the smithy have been removed.
4.3.2 It is also relevant to note the information provided on the contribution green spaces and trees make to the overall streetscene, "2.17 Throughout St Mark's there are green areas besides the roads in the form of verges. These widen out in several places, the largest area being at the apex of the central triangle containing the ecclesiastical properties and which is
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known as the Village Green. These are formal green areas as opposed to the informal ones in the form of agricultural land, which surrounds the heart of the settlement. There are several mature trees in the churchyard and a number of less mature specimens and hedgerows throughout the hamlet. The green areas and variety of trees contribute to the overall sense of openness and provide a canvas against which the unique and quite striking group of buildings which make up St Mark's, can be seen."
REPRESENTATIONS
5.1 The following representations can be found in full online;
5.2 Highway Services have considered the proposal and state they have no highways interest. (30.11.22)
5.3 Malew Commissioners have considered the proposal and have no objections. (12.12.22)
ASSESSMENT
6.1 The main issues to consider in the assessment of this planning application are:
6.2 SECTION 18(4) TEST
6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
6.2.2 When looking at the proposed works, due to its location there is a likelihood that the proposed shed will be seen from a public vantage point, whilst this is the case, the proposed shed is modest in sizing and would be a structure which would not look out of place, due to the works being within the rear garden.
6.2.3 As such it is unlikely that the works will be a noticeable change within the streetscene which will ultimately minimally alter the Conservation Area. With the above in mind the works will pass the Section 18(4) test by preserving the Conservation Area.
6.3 CHARACTER AND APPEARANCE
6.3.1 Generally properties within the countryside such as this property are zoned as "Not for Development" and as such General Policy 3 is the most relevant policy. Whilst this is the case, there is Permitted Development in place for sheds within gardens (subject to conditions), which means that sheds are deemed an acceptable structure within a residential environment.
6.3.2 As stated above, the proposed works whilst due to their location might be noticeable within the streetscene, the works are a residential structure within a residential environment, as such the works proposed will preserve the countryside as per Environment Policy 1, and the Conservation Area/ streetscene as per Environment Policy 35 and General Policy 2.
CONCLUSION
7.1 The proposed shed is deemed acceptable in terms of its form, mass and design which preserves the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.
INTERESTED PERSON STATUS
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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 Director of Planning and Building Control 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 : Permitted Date : 03.01.2023
Determining officer
Signed : J CHANCE
Jennifer Chance
Director of Planning and Building Control
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