**Document:** Retrospective Planning Statement JSA **Application:** 21/01155/B — Erection of a detached ancillary building and installation of flue, balcony, and window/door alterations to existing dwelling (retrospective) **Decision:** Permitted **Decision Date:** 2021-11-01 **Parish:** Onchan **Document Type:** report / planning_statement **Source:** https://planningportal.im/a/7994-onchan-abbeycourt-abbeylands-dwelling-alteration-retrospective/documents/1304511 --- # Retrospective Planning Statement JSA ## Section 1- Introduction ### 21 / 01155 A. JSA Ltd has been engaged by Mr \& Mrs Peck of "Abbey Court", Abbeylands, Onchan, to prepare a planning statement in support of a retrospective planning application. This planning application and statement aims to regularise elements from previously approved planning applications, together with several new design improvements. The salient previous planning application numbers 13/00382/B; 13/91515/B and 14/00755/B) B. This application specifically seeks planning permission for the following: 1. Retrospective permission for a detached Studio accommodation building together with associated landscaping and hardscaping works. 2. Retrospective permission for the creation of a balcony to the main existing dwelling together with the change of a 1st Floor Window to the South-West Elevation; a door \& window to the Lower Ground Floor on the South-West Elevation; the installation of Twin Wall Stainless Steel Flue to the North-West Elevation, and the Installation of an Air Source Heat Pump. C. The supporting documentation for this planning application includes: 3. Application forms and drawing issue sheet prepared by JSA 4. Drawings prepared by E \& F \& JSA Ltd: - 21/0544/ 01 - Location Plan (JSA) - PD-002 - Existing Site Plan to Approved Application 13/91515/B (E \& F) - PD-003 - Existing Plan to Approved Application 13/91515/B (E \& F) - PD-004 - Existing Rear \& Side Elevations to Approved Application 13/91515/B (E \& F) - 21/0544/ 05 - Proposed Upper Ground Floor Plan (JSA) - 21/0544/06 - Proposed Lower Ground Floor Plan \& Elevations (JSA) 3. Planning Statement prepared by JSA Ltd - September 2021 ## Section 2 - Site And Surrounding Area A. The application site is a residential property known as "Abbey Court", Abbeylands, Onchan. There is only one other adjacent property closeby known as "Crossways". B. Abbey Court is an established dwelling with Planning Approvals for residential and ancillary purposes and it should not therefore, be evaluated as being countryside. C. The existing dwelling, prior to planning application numbers 13/00382/B; 13/91515/B and 14/00755/B (together with other historic applications), was a 3 Bedroom, single storey building of approximately , with a pitched roof. D. Within the overall curtilage of the site, there are/were two detached structures as follows: 1. A Garage of approximately which still exists, and 2. A Timber Structure of approximately which was historically used as a small private study and for storage, which has now been removed. E. The site is accessed and adequately serviced from the A22 Road. No alteration to this access is required in relation to this application. ### Section 3 - Relevant Planning History Of The Site A. This application aims to regularise all the elements contained in the previous planning approvals listed above, together with those new elements not previously applied for. B. The Planning Applications listed below are considered relevant for the purposes of this planning statement in relation to the application site: 1. Planning Application Number 13/00382/B - Alterations \& extension to dwelling and creation of ancillary living accommodation to Lower Ground Level - Permitted 8th May 2013. This Application comprised of: - A two-storey extension - A balcony - Installation of large bi-fold doors to the upper balcony level and large glazed windows to lower level on the South-West elevation. - An area of Hardscaping 2. Planning Application Number 13/91515/B - Alterations \& extension to dwelling including amendments to PA13/00382/B Permitted 11th February 2014. This Application comprised of: - A one storey extension - A balcony - The installation of a large bi-fold door \& glazing to the upper balcony level - An area of Hardscaping 3. Planning Application Number 14/00755/B - Construction of a private therapeutical pool and physiotherapy room together with alterations below the living area to create a plant room and storage. - Permitted 7th August 2014. This Application comprised of: - A two storey extension - A balcony/terrace - Installation of large bi-fold doors to the upper balcony level and glazing to lower level on the South-West elevation. - Glazing and doors to lower-level therapy pool suite on the South-East elevation - Internal doors from plant room \& storage room into therapy pool suite on the lower level - Creation of a therapy pool \& treatment suite ## Section 4 - Evolution Of The Design A. The applicant, Mr Peck has been diagnosed with a serious medical condition that has unfortunately deteriorated since the initial Planning Application in 2013. To date Mr Peck has undertaken all specialist treatment within the property and grounds at his own expense. The previous applications have been designed and submitted in order to prolong Mr Peck's quality of life within his home. B. 8th May 2013 - Planning Application Number 13/00382/B. No work commenced on site following the approval of this application. C. 11th February 2014 - Planning Application 13/91515/B. This application comprised of amendments to the previous approval together with an extension to the existing dwelling of approximately 87.96m², including a raised balcony area. The design was intended to allow Mr Peck to be move freely around the property with the aid of a walker. Work commenced on site to the main dwelling as per the planning approval. D. 7th August 2014 - Planning Application 14/00755/B. This approved application was intended to construct an adjacent separate structure of approximately 212.5m² containing: - A Hydropool (dimensioning 10m x 4m x 1.4m deep) - A Small physiotherapy unit with Shower & Toilet - Access Hoist / Lift - Storage Area - Plant Room This purpose of this application was to provide a pool for on-going physiotherapeutic treatments within the curtilage of the property and was supported by medical evidence. The scheme was designed to minimise visual intrusion together with the loss of any useable private space for the applicants whilst considering any loss of amenity to the owners the adjacent property, "Crossways". At this stage, work progressed on site and included the following design improvements/variations: 1. The balcony was constructed at a reduced in size from that previously approved in the 13/91515/B & 14/00755/B applications. 2. The large bi-fold door & glazing to the South-West Elevation was omitted however the glazed window shown, replicated the style of the previously approved door and is more in-keeping with the style of other windows. The amount of glazing installed is a reduction from that previously approved in applications 13/00382/B, 13/91515/B and 14/00755/B. 3. Hardscaping was constructed as per the previously approved applications 13/00382/B, 13/91515/B and 14/00755/B. 4. The glazing to South-West Lower Level is of similar size to that previously approved in application 13/00382/B. 5. The external doors to the South-West Lower Level were shown and included in the previously approved 14/00755/B application but were shown as internal doors leading into the therapy pool. As the therapy pool suite was not progressed, these doors became external. ## Section 5 - New Retrospective Application ### A. The creation of a self-contained Studio of 49m² 1. Following approval of the 14/00755/B application, Mr Pecks health deteriorated to a level where the creation of the internal therapeutic pool would have been more detrimental than beneficial. 2. Application 14/00755/B provided an area of approximately 37m², at the end of the pool to be used for Physiotherapy. It was later decided to slightly enlarge this area and create a studio building where a live-in health care worker could reside, or as is now the case, an area where Mr & Mrs Peck can stay when Mr Pecks movement is further impaired and he must use the wheelchair not the walker. 3. The studio building represents the minimum accommodation required for the intended use and is served by a single bi-folding door orientated towards the main dwelling. 4. The studio building is intended to give Mr Peck prolonged independence by providing separate accommodation near the main dwelling, whilst still ensuring privacy, safety and security. 5. The removal of the previous timber structure of together with the inclusion of the studio building, has resulted in an overall floor area increase of . The overall reduction in floor area of approved structures on the site is . 6. The styling of the studio building is such that it reflects a timber clad leisure building, which is considered in-keeping with the surrounding rural landscape. ## B. Site Landscaping and Hardscaping. The approved planning application number 14/00755/B created an external elevated terrace area with a section of artificial plants and grass. This application maintains a terrace area which is raised to create level access to the Studio building as well as providing a sunken area for the Therapy Pool. ### C. Creation of Balcony. Mr \& Mrs Peck had previously been advised that as they had planning for a balcony under Planning Application 13/91515/B, that constructing one of a smaller size was permissible. The Balcony structure as constructed now forms part of this application and, as a larger balcony was approved under 13/91515/B, we would deem this to be acceptable. ### D. Change of 1st Floor Window to South-West Elevation. Under approved planning application 13/00382/B; 13/91515/B \& 14/00755/B, the South-West Elevation had approval for two large Bi-fold doors. Following the construction of a smaller Balcony, the 2nd Bi-Fold door was deemed un-necessary and therefore replaced with a large window. As this is an overall reduction in glazed area, we would deem this to be acceptable. ## E. Door \& Window to Lower Ground Floor on South-West Elevation. Under approved planning application number 13/00382/B, permission was granted for two bi-fold doors at the lower terrace level. Under approved planning application number 14/00755/B, these lower doors were replaced with internal doors into the enclosed Pool Area. Following the omission of the enclosed Pool Area, the Plant Room and Therapy Room Doors became external Doors, and the third door became a window. Due to the location and orientation of these new doors and window, which do not overlook the neighbouring property, together with the fact that under approved planning application number 14/00755/B, three large windows and an external door were approved, we deem these minor alterations to be acceptable. ### F. Installation of Twin Wall Stainless Steel Flue to North-West Elevation. We deem this element to be deminimis, i.e. of no significant interest or not in the wider public agenda to pursue. ### G. Installation of Air Source Heat Pump. We deem this element to be deminimis, i.e. of no significant interest or not in the wider public agenda to pursue. ### Section 6 - Relevant Planning Policy A. The specific policy document for this area is the Onchan Local Plan 2000, which gives little guidance as to this part of Onchan. B. The Isle of Man Strategic Plan 2016 provides an Island-wide policy framework which is considered when assessing planning applications and when preparing Area Plans and other strategic policy documents. These area Plans are more general considerations and are not necessarily relevant when considering individual small-scale developments. ## Section 7 - Planning Considerations A. The overall impact of the development undertaken is minimal, both in relation to the countryside in general and in terms of the neighbouring impact effecting the "streetscape". The key planning considerations relevant to the determination of this application are as follows: ### 1. Acceptability of Proposed Land Uses Based on previous planning approvals, the residential and development land use criteria can be demonstrated. The main elements in this new application have either already been granted in previous applications or are of an uncontentious nature. ### 2. Demolition of Existing Timber Building and Erection of a Studio The applicant has removed one standalone timber structure, which was located next to the existing garage and in close proximity to the neighbouring property, and has created a new structure, further away from the boundary in a more central location on the site. ### 3. The Design Approach The Studio has been designed and situated in such a way as to be screened by the main property from the street-scene and away from the neighbouring property. The inclusion of the raised patio area connects the studio building to the main dwelling by the means of a ramp. - Building Envelope The Studio has been finished in a wood grain board effect as to give the appearance of a timber leisure building and not a standalone unit. - Height, Massing and Scale The Studio building has a raised parapet to screen the flat roof and solar panels situated on the roof. A flat roof was purposely adopted to keep the appearance of a leisure type building and to reduce the overall height and visual impact on the main dwelling and the neighbouring property. ## Entrance There is only one entrance to the studio building which is served via a bi-folding door directly facing the main dwelling which provides level access. ### 4. Impact on Amenity of Existing Residents The building has been positioned away from the neighbouring property with only one high level window facing that side. Under the previously approved planning application number 14/00755/B, an elevated terrace area, three large windows and door was granted. This new application significantly reduces any visual impact, or any potential overlooking, onto the neighbouring property. ### 5. Transport Impacts The main access to the site from the highway has not formed part of any of the previously approved applications or is included in this application, as no additional increase in traffic will be created. ### 6. Sustainability Impact The studio building has been constructed with thermally efficient building materials with an impermeable finish. The Studio makes provision of Solar Energy via the flat roof mounted panels to provide green renewable energy. ### 7. Impact on Ecology and Trees No Tree felling approvals have been required for these applications. A separate felling order was subsequently granted for a dangerous tree on the site. ### 8. Flood Risk Impact The nearest water course is the Sulby River some 67 m away from the property boundary and the site is deemed as having a medium risk of flooding from surface water. ## Section 8 - Conclusion It is evident that the design and development work at this property has evolved over the past years due to the deteriorating medical condition together with the consequential changing needs of the applicant. The applicant is confident that these works will provide a much better quality of life and will greatly assist in the on-going physiological and mental challenges in the years to come. Most of the design elements contained in this new planning application have already been previously approved in previous planning applications, and those that have not, are either sympathetic to the design criteria or are of little consequence to the overall site development. This new application aims to regularise all past and proposed works on the site to provide a concise development record. The applicants would be amenable to a planning condition which states that the studio accommodation cannot be used, rented or sold separately and must remain in the ownership of the main house and property. JSA Ltd September 2021 --- *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/7994-onchan-abbeycourt-abbeylands-dwelling-alteration-retrospective/documents/1304511*