**Document:** 08/02245/R Officer Report **Application:** 08/02245/R — Alterations and installation of window to north elevation to detached garage **Decision:** Refused **Decision Date:** 2009-05-01 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/62576-german-bluebell-cottage-patrick-road-st-alteration-garage/documents/1372918 --- # 08/02245/R Officer Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] 14.01.09 - Oppose 15.04.09 object. (see correspondence) ### Officer's Report This application is before Planning Committee for consideration because the Local Authority has objected to the application. #### The Site The application site represents the footprint of a detached garage building situated on land to the rear of Bluebell Cottage, Patrick Road, St Johns. The site is located across the River Nebb and accessed via an existing bridge. The site is within an area currently in use as a garden area to serve Bluebell Cottage. #### Planning Status The application site lies within an area zoned as Open Space in the St Johns Local Plan and as such, Policy OS/P/1 is considered in the determination of the application. ## Planning History There have been a number of previous planning applications relating to the site, the following of which are considered relevant to this application: PA 08/01796/B sought approval for the erection of a greenhouse to be sited to the eastern side of the garage approved by PA 08/00880/B. This was approved. PA 08/00880/B sought approval for the erection of a detached garage (comprising an amendment to the development approved under 07/00400/B). The proposal included an increase in height from 4 metres to 4.3 metres. However on reviewing the plans it has become apparent that the drawings are inaccurate with the side elevations showing a ridge height of 4.3 metres and the end elevations having a ridge height of 4.8 metres. The application also included the installation of 4 roof lights. This application was approved on the basis of the ridge height being 4.3 metres high (0.3 more than previously approved). PA 08/00191/B sought approval for the erection of a detached garage (comprising an amendment to the development approved under 07/00400/B). The proposed garage would have had a ridge height of 5.7 metres. This application was recommended for refusal however prior to its determination the application was withdrawn. The recommended reason for refusal stated: "The proposed garage would by virtue of its height and roof pitch have a dominant appearance not dissimilar to a small residential dwelling to the detriment of an area that is zoned as Open Space by the St Johns Local Plan (Planning Circular 6/99)." PA 07/00400/B sought approval for the erection of a detached garage to the north of the property. The approved garage had a maximum ridge height of 4 metres. This was approved at appeal 3rd October 2007. PA 05/01356/B sought approval for the erection of an extension to the side elevation of the property to provide additional living accommodation, Bluebell Cottage, Patrick Road St. Johns. This was approved 24th November 2005. PA 04/00989/C sought permission for the change of use of tourist accommodation (approved under 99/02039B) to a residential dwelling, Bluebell Cottage, Patrick Road, St Johns. This was approved at Appeal 17th May 2005. PA 99/02039/B sought permission for the conversion of the existing garage to holiday accommodation, Bluebell Cottage (former Garage), Patrick Road, St. Johns. This was approved at Appeal 18th September 2001. ## The Proposal Section 8 of the submitted application form describes the proposed development as "Window to north elevation on garage". Section 16 states: 1) Two windows in the East elevation removed and replaced with one window in the north elevation. This is necessary to enable the greenhouse to be erected against the wall. Planning App 08/01796/B. Approved. 2) Wall height from the first floor to wall plate increased by 150mm to correct error by bricklayer having used original inner wall dimension for outer wall." The plans originally submitted with this application showed only the window alterations set out above. A letter was sent to the applicant requesting that accurate plans be submitted showing the increase in the height of the garage. The applicant commissioned a different architect to draw accurate plans of the garage building showing it "as built". These plans show the ridge height to be 5.65 metres. The garage has four roof lights, two per side, three windows on its west elevation, a door to its east elevation and two windows to its rear elevation. The walls of the garage are finished in painted smooth render. The garage appears to have been completed. ### Representations The Department of Transport Highways Division has not commented on this application. Patrick Commissioners object to this application stating that they are unconvinced as to the reasons for the additional windows at the rear of the building and that the height of the garage has an unacceptable visual impact upon the surrounding area. The owner/occupier of Glebe Cottage, Maughold has commented on this application. ### Assessment The application site, Bluebell Cottage, Patrick Road, St Johns, has a long planning history dating from 1994 when various applications sought to either build a dwelling or convert an existing garage to tourist accommodation. In 2004, planning approval was granted for the conversion of the property from tourist accommodation to permanent residential accommodation albeit with Permitted Development Rights removed. The application now submitted seeks retrospective approval for the construction of a detached garage that, by reason of the proposed dimensions, particularly its height, is not classed as development permitted under the provisions of the Town and Country Planning (Permitted Development) Order 2005. Notwithstanding this point, permitted development rights for the site were removed under PA 04/00989/C. The site on which the garage has been constructed is designated as being Open Space within the adopted St Johns Local Plan, and specifically Policy OS/P/1 which states: "3.7 Other than those areas specifically designated for development or zoned predominately residential on the proposals map, no areas of open space shall be developed." Notwithstanding that zoning, the area has been landscaped with various garden features, and does not appear as open space within the landscape, but rather as a domestic garden area. PA 07/00400/B successfully sought planning approval for the erection of a detached garage on the site as did PA08/00880/B which proposed an increase in height of 0.3 metres and the inclusion of rooflights. It is therefore necessary to consider whether the increase in height and changes to windows from what has been approved previously would result in an adverse impact upon the surrounding area sufficient to warrant refusal. The original acceptance of a garage on the site, despite the land designation of Open Space, would appear to have been based upon a combination of the fact that the site has been used as domestic garden for a substantial amount of time and the fact that the proposed garage was to have a relatively low height and general proportions, resulting in little visual impact. At the appeal hearing for planning application 07/00400/B, the reporting Planning Inspector stated: "I record that I concur entirely with the Planning Committee's decision. The site of the garage is within a large enclosed garden with high boundary planting. It would be a relatively modest feature within the garden and there is no reason in principle why someone should not choose to construct a garage with cavity walls and uPVC windows. While there would be glimpses of the garage from outside the garden it would have no significant effect on the wider landscape. I can find no reasonable basis in planning terms for the appeal." The difference in height between the garage approved under PA 08/00880/B and the garage as built is approximately 1.35 metres (the difference between 4.3 metres and 5.65 metres). The difference in height between the garage originally approved under 07/00400/B and that now built is 1.65 metres. Whilst is is accepted that the principle of erecting a modestly sized garage on the site is acceptable (as demonstrated by the approval of previous planning applications), it is judged that the additional height of the garage built compared to that of the previously approved garages results in a significantly more prominent structure which has an increased visual impact as viewed from Patrick Road. Whilst the site offers some screening in the form of surrounding hedging and trees, it is considered that on balance there is not sufficient justification to warrant the increased visual impact that has resulted from raising the roof of the garage. The building does not have an inconspicuous or modest appearance as envisaged by the Inspector reporting on PA07/00400/B. Instead the garage as now built, due to its size and fenestration, has the impact of a more substantial building not dissimilar to a small bungalow with eaves accommodation above. It is concluded that the increased visual impact of the garage results in an unacceptable impact upon the surrounding area identified as being Open Space by the St Johns Local Plan. ### Recommendation It is recommended that the application be refused. ### Party Status 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: - Department of Transport Highways Division - Patrick Parish Commissioners It is judged that the following do not accord with the requirements and as such should not be afforded interested party status: - The owner/occupier of Glebe Cottage, Maughold. ### Recommendation Recommended Decision: Refused Date of Recommendation: 21.04.2009 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals R 1. Whilst there is an extant planning approval for the erection of a garage on the site, this was proposed to have a maximum height of 4.3 metres. The garage as built, by virtue of its height of 5.65 metres and steeper roof pitch, and its design has a prominent appearance, not dissimilar to a small residential dwelling to the detriment of an area that is zoned as Open Space by the St Johns Local Plan (Planning Circular 6/99). I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made: Refused Committee Meeting Date: 30/4/09 Signed: S. Staley Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO --- *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/62576-german-bluebell-cottage-patrick-road-st-alteration-garage/documents/1372918*