**Document:** APL Planning Statement
**Application:** 24/00614/B — Change of use to residential garden and retrospective approval for glamping pod, timber sheds and timber decking
**Decision:** Permitted
**Decision Date:** 2024-10-14
**Parish:** Santon
**Document Type:** report / planning_statement
**Source:** https://planningportal.im/a/32666-santon-balnahow-farm-cottages-outbuilding-change-of-use/documents/1066619
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# APL Planning Statement
## Change Of Use Of Land And Retrospective Planning Permission For Timber Sheds, Glamping Pod And Deckings
AT
## 4 Balnahow Farm Barns, Santon
FOR
MR & MRS McCONVILLE
|PLANNING STATEMENT
|
|---|
Job Ref: 1893.02
May 2024
Rev. B:
Prepared by: McGarrigle Architects Ltd
19 Mount Havelock Douglas IM1 2QG
###### Contents:
- 1.0 Introduction
- 2.0 Personal Statement from Client
- 3.0 Conclusion
Appendices:
- Appendix 1: Extract of email with Solicitor.
- Appendix 2: Extract of Planning Search.
- Appendix 3: Extract of Estate Agents property advertisement.
- Appendix 4: Email from Building Control.
- Appendix 5: Extract from Town and Country Planning (Permitted Development) Order 2012. Class 15 Garden Sheds and Summer houses.
- Appendix 6: Extract from Town and Country Planning (Permitted Development) Order 2012. Class 21 Construction of Decking.
- Appendix 7: Information on the Glamping Pod purchased.
- Appendix 8: Photograph of the decking against the northwest wall in the garden.
- Appendix 9: Photographs of the Pod, decking and shed at the southern end of the garden.
- Appendix 10: Aerial photograph of the site.
- Appendix 11: Photographs of shed adjacent to car parking area
- 1.0 INTRODUCTION: McGarrigle Architects have been instructed by Mr & Mrs McConville to submit a Change of Use Planning Application on their behalf to regularise a discrepancy which has come to light regarding their garden (a portion of land attached to the purchase of their home).
Our Client Mr & Mrs McConville purchased this property in July 2020 in good faith, and that the portion of land sold with the barn conversion was in fact their garden as with each of the properties sold as part of the farm outbuildings / barn conversions. They never thought that the portion of land had not been changed from Agricultural to residential land.
In the summer of 2020 they installed an area of timber decking adjacent to the northwestern boundary wall of this garden area which is built up to conveniently cover the raised sections of the Septic tank thus hiding an otherwise ugly vent and access door to the tank. This slightly raised deck is surrounded with flower beds and large planters are situated on the raised section of the decking and is a good area to sit, relax and catch the sun.
They also formed a decking area at the southern end of the portion of land and erected a small shed hot tub and glamping pod to maximise their enjoyment of the garden with distant coastal views across the neighbouring farmland.
##### 2.0 PERSONAL STATEMENT FROM MR & MRS McCONVILLE:
We are writing in application for change of use of our garden (currently agricultural land) to become a garden, concurrent to applying for retrospective planning approval for our raised decked areas and shed/ pod area. Please see appendices of which give supporting evidence as follows-
SeeAppendix1-Emaildiscussionwithoursolicitor,outliningthatthereisnoliteraturetoinformusthatour ‘garden’isinfactagriculturalland.
See Appendix2-Exact extract of the search that outlinesstipulation that this area (Balnahow) requires planning permission for any works carried out-contrary to regular planning requirements whereby you can build sheds/ decking within certain measurements. Pleasenote-Suchstipulationwas‘not’expressreferencedwithintheoverallletterfromoursolicitor,Itherefore didnotreadanyfurtherdetailwithintheactualplans,Ibelieve,causingmyoversight.
See Appendix 3 -Estateagentadvertisementofourhomeatthetimewepurchasedthehome,thatstatesthat thepropertyoverlooksagenerous‘Garden’.
SeeAppendix4-EmailtobuildingcontrolinordertoascertainexactsizeofpodIcouldbuildwithoutneedto putinplans. Appendix5-AnextractofthePermittedDevelopmentorderClass15GardenShedsandSummerHouses. Appendix6-AnextractofthePermittedDevelopmentorderClass21Constructionofdecking.
The small amount of land/ garden that comes with this property is the sole amount of outside garden area for this property, though it is very boggy, so we built an area to sit on (the decking, within the regular limits of decking structure normally allowed to be built). We also built a pod (conducive again we thought to planning laws at the time, please see appendices); and deck to create a private area to enjoy the view.
The shed/pod and decking have been erected for 4 years this summer we have had no concerns or complaints, rather some neighbours have complimented the structures.
I’d like to note that apart from enjoying the garden to sit in as a garden, there is little else we could do with the land if it we’re to remain agricultural land. It would be unfair to with close neighbours if we were to keep animals with the noise and smell when living so close. We have tried to grow trees and bushes for a little shelter and fruit, though I lose most of these during the harsh winter months, due the openness of the surrounding farm fields and sea air, it’s a terrible waste of money.
Without this strip of land approx. 150 x 35 ft (small in comparison to the surrounding farm and agricultural land), we would be left with a boggy strip of grass.
We moved here for the peace and tranquillity after my husband was very ill. The pod was bought locally as a gift for him following numerous stays in similar yurt’s/ pods during his recovery on the road back to good health. The stipulation was a glamping pod that didn’t require planning permission (see appendix 7)
We are now faced with possibility losing the garden we love and came here for.
We truly apologise for the misinformation we received regarding the garden being in fact agricultural land, concurrent to our oversight of planning laws in our area. We fully hope to rectify this situation and apply to you for ‘change of use’ of our land to become a ‘garden’ concurrent to applying for retrospective planning for our pod/ shed and decked areas to remain in our garden. I ask that you please consider details that include the human elements within our case and application and thank you in advance for time spent on our individual case.
- 3.0 CONCLUSION: Our Clients Mr & Mrs McConville Purchased this property unaware that the Developer of the site had not applied for a change of use from the existing Agricultural use to Residential use for the portion of land they bundled with the sale of the converted Barn.
A Planning search was carried out at the time of the sale of the property however the planning condition 2 relating to the overall Barn conversion development Application number 17/00563/B was not specifically highlighted to our clients as something to be aware of.
In good faith trying to best utilise their allotted garden which the client is reporting as very boggy they asked a building control department about the size of shed / pod they could erect on the site within permitted development regulations. Building Control directed them to the Planning Departments Town and Country Planning (Permitted Development) Order 2012 consolidated document Class 15 Garden Sheds and Summer Houses.
A Glamping Pod measuring 4.8m x 2.4m was purchased and erected at the end of the garden atop an area of timber decking which steps down with the contours of the garden to provide a comfortable firm base on an otherwise very boggy site.
The actual pod supplied and installed is slightly larger, but has a total footprint of 14.78m² which is just under the permitted development requirements.
At the same time an area of timber decking was constructed closer to the house at the northwest wall of the garden and adjacent to the main garden wall. The top of the main decking is approximately 0.31m above the adjacent ground level on this property but as the site slopes away from the wall the level deck becomes higher and the highest point is approx. 400mm above the contoured lawn below. The builder has tiered the decking to enclose the hatches and vents of the septic tank thus tidying up the view within the garden this raised section of decking now provides a level firm base for tables and chairs to enjoy uninterrupted views to the coast.
A timber shed has also been installed on the concreted area adjacent to the carparking area at the northwest end of the garden. This timber shed was built specifically for the client’s requirements and has an external dimension of 2.19m x 4.98m and the ridge height of 2.5m measured at the end facing the house.
We would ask the Planning Officer to look favourable on this application as our client attempts to regularise this oversight not realising that the garden was still listed as Agricultural land and that they now wish to address this issue by this change of use application and to apply for planning permission for the two areas of decking constructed and the Glamping Pod and the timber sheds.
### Appendix 1: Extract of email with Solicitor.
Department of Environment, Food and Agriculture, Planning and Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel 685950 email planning@gov.im
Page | 3
Page | 4
Department of Environment, Food and Agriculture, Planning and Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel 685950 email planning@gov.im
Ref No : 16/01408/B
Address : Balnahow Farm Balnahowe Santon Isle Of Man IM4 1HN
[Table omitted in markdown export]
### Appendix 3: Extract of Estate Agents property advertisement.
- Appendix 4: Email from Building Control.
---------- Forwarded message --------From: Ingrid Fleming Hi Thank you so much for your quick response :) That's really helpful information. I'll be in touch if I have any more questions :) thanks again. Kindest regards Ingrid
Sent from my iPhone Good Morning Ingrid and Happy New Home Please see link below for permitted development. Garden sheds you find Page 16-17, Class 15, I also attached a screenshot. If you must meet all the criteria you won't need a planning permission. https://www.gov.im/media/70122/pdorder2012.pdf
I hope that this proves to be useful and if you have any other questions please feel free to contact us.
Kind Regards
2012. Class 15 Garden Sheds and Summer houses.
Extract from Town and Country Planning (Permitted Development) Order 2012 consolidated.
#### 15 Class 15 Garden sheds and summer-houses
The erection of one or more garden sheds or summer-houses within the curtilage of a dwellinghouse. Conditions:
- (a) the general conditions applicable to Section A;
- (b) the height of the garden shed or summer-house must not exceed 2.8 metres above ground level;
- (c) the area of ground covered by the garden shed or summer-house must not cumulatively exceed 15 square metres in total; and
- (d) no part of the garden shed or summer-house may be nearer to any highway which bounds the curtilage of the dwellinghouse than —
- (i) that part of the dwellinghouse nearest to that highway, or
- (ii) 20 metres, whichever is the nearer
2012. Class 21 Construction of Decking
Extract from Town and Country Planning (Permitted Development) Order 2012 consolidated. 21 Class 21 Construction of decking The construction of decking within the curtilage of a dwellinghouse. Conditions:
- (a) the general conditions applicable to section A;
- (b) no part of the top surface of the decking may be more than 0.3 metres above the ground level as before the operations.
- (c) no part of the decking may be nearer to any highway which bounds the curtilage of the dwellinghouse than that part of the dwellinghouse nearest to that highway; and
- (d) the decking may include the provision of perimeter fencing or railings where these do not exceed a height of 2 metres above ground level.
### Appendix 7: Information on the Glamping Pod purchased from a local supplier.
### Appendix 8: Photograph of the decking against the northwest wall in the garden.
### Appendix 9: Photographs of the Pod, decking and shed at the southern end of the garden.
### Appendix 11 Photographs of shed adjacent to carparking.
|4980
2190
Timber shed adjacent to Car Parking Area.
Side Elevation photo.
End Elevation facing lane.|
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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/32666-santon-balnahow-farm-cottages-outbuilding-change-of-use/documents/1066619*