**Document:** Planning Authority Appeal Statement **Application:** 07/01526/R — Retention of a garage and extension to residential curtilage **Decision:** Refused **Decision Date:** 2007-10-31 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/83723-baldrine-cummal-beg-extension-garage/documents/1508157 --- # Planning Authority Appeal Statement ## Appeal statement on behalf of the Planning Authority Appeal no: 07/0203 Planning application no: 07/01526/R **Subject:** Retention of a garage and extension to residential curtilage. Cummal Beg, Barroose Lane, Baldrine, Lonan. **Appeal by:** The applicant against the Planning Authority’s decision to refuse planning approval. PART 1 - Case Officer's 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] [Table omitted in markdown export] ### Officer's Report #### The Application Site And Planning Application The application site comprises the residential curtilage of a property known as Cummal Beg and an area of adjacent land in Baldrine, Lonan. The planning application seeks approval for the retention of a garage on the application site and the change of use of an area of land to include it within the residential curtilage of the adjacent dwelling. The planning application is made retrospectively. #### Planning History The application site has been the subject of a number of previous planning applications, the following of which are considered specifically material to the assessment of this current planning application: Planning application 89/00132/B sought approval for the erection of a dwelling on field no. 2076. This previous planning application was considered and approved on the 16th June 1989, with the approval decision notice issued on the 19th July 1989. The dwelling constructed under this approval is Cummal Beg. Planning application 02/00076/B sought approval for the erection of a garage within the curtilage of Cummal Beg. This previous planning application was initially considered and refused on the 21st June 2002, with the initial refusal decision notice issued on the 1st July 2002. Copies of the submitted drawing and the initial refusal decision notice have been placed on the file for the current planning application. Planning application 02/00842/B sought approval for the erection of a garage within the curtilage of Cummal Beg. This previous planning application was initially considered and approved on the 6th September 2002, with the initial approval decision notice issued on the 17th September 2002. Copies of the submitted drawing and the initial approval decision notice have been placed on the file for the current planning application. ### Representations Lonan Parish Commissioners object to the planning application. The grounds for their objection can be summarised as concern that there is no justification for the proposed change of use of the land to increase the residential curtilage of the property, that the proposed garage is similar to one previously refused and is inappropriately large in a prominent location and that approval would set an undesirable precedent. They express concerns regarding the submission of retrospective planning applications. The Department of Transport Highways Division do not oppose the planning application. The owner and/or occupant of 33 Ballaquark, which is located in Douglas, objects to the planning application. The grounds for their objection can be summarised as concern that there is no justification for the extension of the residential curtilage as the existing curtilage is quite adequate and that approval would set a bad precedent. ### Planning Policy In terms of local plan policy, the land use designation of the application site is open space/agricultural use under the Laxey and Lonan Area Plan Order 2005, meaning that Cummal Beg effectively constitutes an existing dwelling in the countryside. The application site is also located within a wider area of land that is designated as being of high landscape value and scenic significance under the local plan. There are a number of policies within the Laxey and Lonan Area Plan Order 2005 that are specifically material to the assessment of this current planning application: #### Policy L/RES/PR/1 states: "Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general." #### Policy L/OSNC/PR/1 states: "There will be a general presumption against development in areas designated as open space or open space for particular purpose." In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains a number of policies that are specifically material to the assessment of this current planning application: #### General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: --- *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/83723-baldrine-cummal-beg-extension-garage/documents/1508157*