**Document:** Planning Officer Report 3 June
**Application:** 08/00560/B — Erection of a swimming pool
**Decision:** Refused
**Decision Date:** 2008-06-18
**Parish:** Douglas
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/85086-douglas-ard-na-mara-formerly-southampton-swimming-pool/documents/1556329

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# Planning Officer Report 3 June

### Considerations [Table omitted in markdown export] [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export]

### Officer's Report

## THE APPLICATION SITE AND PROPOSED DEVELOPMENT

The application site comprises the curtilage of Ard Na Mara (formerly known as Southampton Farmhouse), which is located north west of the Old Castletown Road in open countryside south west of Quines Hill, Braddan.

The proposed development comprises the erection of an extension onto the dwelling that contains a swimming pool.

## PLANNING HISTORY

The application site has been the subject of a two previous planning applications that are considered specifically material to the assessment of this current planning application:

Planning application 05/02024/B sought approval for alterations and extensions to dwelling to provide additional living accommodation and granny flat. This previous planning application was considered and approved on the 15th December 2005, with the approval decision notice issued on the 20th December 2005. The current form of the dwelling is the result of the implementation of this previous planning approval.

Planning application 06/00964/B sought approval in principle for the conversion of redundant barns to four holiday cottages. This previous planning application was considered and refused on the 14th September 2006, with the refusal decision notice issued on the 14th September 2006. A subsequent appeal was upheld by the Minister, contrary to the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 28th March 2007.

REPRESENTATIONS

Braddan Parish Commissioners have no objections to the planning application.

The Department of Transport do not oppose the planning application subject to the use of the swimming pool being private.

The Isle of Man Water Authority expresses an interest in the planning application. The Manx Electricity Authority expresses an interest in the planning application.

## Planning Policy

In terms of land use the application site is located within a wider area of land that is designated as private woodland or parkland under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 3. There are no policies with Planning Circular 6/91, the written statement that accompanies the local plan, which are considered specifically material to the assessment of the planning application.

In terms of strategic plan policy, it is considered that the Isle of Man Strategic Plan 2007 contains one policy that is specifically material to the assessment of this current planning application. Housing Policy 15 states: "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than of the existing building in terms of floor space (measured externally)."

### Assessment

The proposed development comprises the erection of an extension onto the dwelling that contains a swimming pool. As stated earlier in this report, the relevant planning policy to assess the proposal against is Housing Policy 15 of the Isle of Man Strategic Plan 2007. It is considered that there are essentially two parts to this policy. Firstly, assessment of a proposed extension against the proportion, form and appearance of the existing property. Secondly, specific measurement of the floor space of the proposed extension as a percentage increase of the floor space of the existing building.

In respect of the first part of Housing Policy 15 it is necessary to assess the proportion, form and appearance of the proposed extension. Apart from a comparatively small balcony area at first floor level the proposed extension primarily comprises of the swimming pool at ground floor level with a large void area above. Visually, the proposed extension is two storeys in comparative height relative to the existing dwelling. The result of this is an extension that upsets the balanced proportion of the existing dwelling and one of a form and appearance that fails to respect the character of the existing dwelling. This is considered to be reason for refusal of the planning application.

In respect of the second part of Housing Policy 15 it is necessary to assess the percentage increase in floor space resulting from the proposed extension. The starting point for the percentage increase raises a debate about the interpretation and intention of Housing Policy 15. The original dwelling was substantially extended through the implementation of approved planning application 05/02024/B, which has resulted in the form of dwelling currently contained within the application site. Based on measurements taken from the application drawings for this previous planning application it can be calculated that the increase in floor space from original dwelling ( .) to proposed dwelling ( .) was approximately  (calculations have been placed on the application file). That previous planning approval pre-dated the publication of the Isle of Man Strategic Plan 2007 and was granted prior to the implementation of the  rule.

Housing Policy 15 seeks to control the inappropriate extension of properties in the countryside and uses a 50\% increase as a means of doing this. Under this policy a dwelling could be extended by to create a larger dwelling. If this larger dwelling were then taken to be the existing dwelling a further extension could be permissible, resulting in an even larger dwelling. In theory, the increases could occur time after time, which would result in a dwelling vastly larger than the original dwelling. This is considered to be contrary to the intention of Housing Policy 15 and is something that was specifically discussed by an appointed Planning Inspector in their assessment of a recent appeal. At paragraph 23 of the report into the appeal against the refusal of planning application 07/01478/B (copy placed on the file for this current planning application) the appointed Planning Inspector stated: "Turning to Housing Policy 15, I do not believe that this policy envisages each extension to be assessed as an extension to the then existing dwelling. I consider this policy allows extensions to the original dwelling, i.e. in this case the dwelling of about 224 sq. metres. Several extensions have been sought and approved for this replacement dwelling. The resulting dwelling would be considerably above the increase on the original dwelling allowable under Housing Policy 15, if all the approved extensions were to be implemented. Therefore, I consider that any further extension would contrary to Housing Policy 15." Taking the floor space of the original building as . the proposed extension in addition to the previously approved, and implemented, extension would result in a total floor space of . This equates to an increase in floor space from that of the original building of . This level of increase in floor space in greatly in excess of the

50% stated within Housing Policy 15. The dwelling has already benefited from a large extension and there are no exceptional circumstances to permit such a further increase. This is considered to be reason for refusal of the planning application.

It is recommended that the planning application be refused.

#### Party Status

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

- Braddan Parish Commissioners; and
- The Department of Transport.

It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

- The Isle of Man Water Authority; and
- The Manx Electricity Authority.

#### Recommendation

**Recommended Decision:** Refused

**Date of Recommendation:** 03.06.2008

#### Conditions and Notes for Approval / Reasons and Notes for Refusal

- **C: Conditions for approval**
- **N: Notes attached to conditions**
- **R: Reasons for refusal**
- **O: Notes attached to refusals**

##### R 1.

By reason of its scale, form and appearance the proposed extension fails to respect the form and proportion of the existing dwelling resulting in an incongruous form of development that is detrimental to the amenity of the dwelling and the surrounding area. As such the proposed development fails to accord with the provisions of Housing Policy 15 of the Isle of Man Strategic Plan 2007.

##### R 2.

The proposed extension results in a level of floor space that is greatly in excess of a 50% increase on the floor space contained within the original dwelling. As such the proposed development fails to accord with the provisions of Housing Policy 15 of the Isle of Man Strategic Plan 2007.

I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)

**Decision Made:** Refused

**Date:**

**Signed:**

Mrs F Mullen Senior Planning Officer

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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/85086-douglas-ard-na-mara-formerly-southampton-swimming-pool/documents/1556329*
