**Document:** APL Planning Statement
**Application:** 23/00198/B — Erection of decking and garden room/office (retrospective)
**Decision:** Permitted
**Decision Date:** 2023-04-24
**Parish:** Lonan
**Document Type:** report / planning_statement
**Source:** https://planningportal.im/a/10014-lonan-cubalibre-moar-ballamenagh-road-decking-retrospective/documents/966619

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# APL Planning Statement

## Planning Statement In Support Of An Application For Retrospective Planning Approval For The Erection Of A Garden Room At Cubralibre Mooar, Ballamenagh Road, Baldrine, Garff

![photograph from page 1](https://images.planningportal.im/2023/02/6922215.jpg)

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

- 1.0 Introduction
- 1.1 Cubralibre Mooar is a relatively modern single storey dwelling which sits, with a detached garage, on the northern side of the Ballamenagh Road. To the south is Ashwood, another relatively modern bungalow and to the north west is a public highway known as Old Lonan Road. This is unmade and provides access to a number of properties, serving the rear of some properties which front onto Baldrine Park and linking Ballamenagh Road with Baldrine Park. There is a workshop part way along Old Lonan Road and there have been a number of planning applications refused due to the condition and nature of the road as well as the land not being designated for development (see Planning History).
- 1.2 To the north west of Old Lonan Road is a two storey dwelling, Narradale and to the north west of this is 44, Baldrine Park whose rear boundary abuts Old Lonan Road. This boundary is formed by a continuous brick wall approximately 2m high at its highest point and stepping down as it nears Narradale:
- 1.3 The owners of Cubralibre Mooar have erected a garden room sitting on an area of decking in the rear/side garden of their property, alongside Old Lonan Road, in the belief that this constituted Permitted Development. The structure is, however, larger than that permitted under the Town and Country Planning (Permitted Development) Order 2012 and also closer to a highway (Lonan Old Road) than is the house and as such planning permission is required for the structure and the decking and this permission is now sought.

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

![map or plan from page 2](https://images.planningportal.im/2023/02/6922217.jpg)

- 2.0 The proposal
- 2.1 Proposed is retrospective permission for the erection of the garden room. Decking has also been erected on which the garden room sits and planning approval is also required and sought for this as it too is closer to a highway (Lonan Old Road) than that part of the dwelling house nearest to that highway. The decking is less than 300mm above ground level as is required by the Order.
- 2.2 The garden room has a floor area of 24 sq m(the the Town and Country Planning (Permitted Development) Order 2012 permits up to 15 sq m). It is a flat roofed structure and is 2.5m to the top of the highest point of the roof. The structure is externally finished in timber effect horizontal cladding in a light cream colour: the fascia is dark grey and the roof dark grey membrane. The decking is dark grey timber effect boarding.
- 2.3 The structure has been erected in the northern corner of the site, close to the fence which sits on the inside of the boundary hedge abutting Old Lonan Road. The level of the site at this point is approximately 1m higher than the adjacent highway.
- 2.4 The garden room is to be used for ancillary residential uses - a home office and garden room for the occupants of the house.

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

- 3.0 Planning policy
- 3.1 The site lies within an area designated on the Area Plan for the East as Residential.
- 3.2 There is therefore a general acceptance of residential development subject to the constraints set out in General Policy 2 of the Strategic Plan:

General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

- (a) is in accordance with the design brief in the Area Plan where there is such a brief;
- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
- (c) does not affect adversely the character of the surrounding landscape or townscape;
- (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
- (e) does not affect adversely public views of the sea;
- (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- (g) does not affect adversely the amenity of local residents or the character of the locality;

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

![A site location plan showing a property boundary outlined in purple, surrounded by residential buildings and roads.](https://images.planningportal.im/2023/02/6922220.png)

![Aerial site location map showing a rural property with multiple buildings, roads, and surrounding green fields.](https://images.planningportal.im/2023/02/6922221.png)

- (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
- (j) can be provided with all necessary services;
- (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- (n) is designed having due regard to best practice in reducing energy consumption.

- 3.3 Baldrine is identified as a village where development should “be of an appropriate scale to maintain the existing settlement character” and scale “to meet local needs for housing and limited employment opportunities”.
- 3.4 Development is directed towards sustainable locations and to existing settlements as stated in Strategic Policies 1, 2 and 10, Spatial Policy 5 and Housing Policy 4.
- 3.5 Development must be appropriately designed to protect the existing character and quality of its context (Strategic Policies 3, 4 and 5 and General Policy 2).
- 3.6 Trees are generally protected (Environment Policy 3 and General Policy 2).
- 3.7 The Residential Design Guide sets out standards of design and explains how the impact of new development on the living conditions of those in existing housing may be assessed. In particular it suggests that development where windows look directly towards each other should be at least 20m apart and development that is directly alongside an existing property should be at least 12m from the mid point of any existing window (paragraph 4.6.8). Where a development is directly behind or in front of an existing window, the 25 degree rule can help demonstrate whether it would affect outlook or light where a point 2m from the ground floor below a window is taken and a line drawn at 25 degrees above this to see if a proposed building would interrupt this outlook.
- 3.8 Whilst there is an area of surface water flood risk running along Old Lonan Road, there are no areas of flood risk highlighted on the national flood risk maps within the site.
- 3.9 The building is not Registered, the site is not within a Conservation Area.
- 3.10 Whilst there are Registered Trees at the southern end of the site, this does not extend to the site of the proposed garden room and decking:

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

![A site location plan displaying the proposed development area in red (RA1032) relative to surrounding properties like Cubalibre Moar.](https://images.planningportal.im/2023/02/6922224.png)

- 4.0 Planning history
- 4.1 The dwelling was approved in principle under 90/00686/A and in detail under 95/01544/B. Alterations were then approved under 98/01849/B, 07/00684/B and 11/00691/B.
- 4.2 Narradale has recently been the subject of an application for a first floor extension over the existing single storey annex. This was approved (22/01243/B).
- 4.3 Applications for the development of new dwellings along Old Groudle Road have generally been refused - 09/00072/B adjacent to Stoney Bank and 90/00293/A adjacent to Brandon Chapel - due to the undesignated nature of the sites.

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

- 5.0 Assessment
- 5.1 The site is designated for development so there should be a general acceptance of development here as expressed in General Policy 2 subject to compliance with the constraints identified.
- 5.2 There is no development brief in the Area Plan which is applicable to this site.
- 5.3 The garden room is not generally visible and is not considered to be prominent: there is a view from a short section of Old Lonan Road as one passes the site although from the start of the highway to the south it is not visible nor is it seen from the north of the site.

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

![photograph from page 8](https://images.planningportal.im/2023/02/6922227.jpg)

![map or plan from page 8](https://images.planningportal.im/2023/02/6922228.jpg)

- 5.4 It is important to note the context of this view: on the other side of the road is the brick wall associated with 44, Baldrine Park and the rear of Narradale is also fully visible and Cubralibre Mooar itself can also be seen as a backdrop to the new structure.
- 5.5 As such, we would submit that the garden room does not adversely affect the character or appearance of the surrounding area and respects the very mixed residential character of the immediate area (General Policy 2b, c and g).

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

![A photograph showing a single-story garden room or office building with light cladding and a dark roof, situated on a grassy slope with overgrown vegetation in the foreground.](https://images.planningportal.im/2023/02/6922230.jpg)

- 5.6 The structure is in a residential curtilage and has no impact on ecology and there are no identified important ecological habitats in this case (General Policy 2d).
- 5.7 There is no public view of the sea from Old Lonan Road which is affected by this structure (General Policy 2e).
- 5.8 No trees or existing landscape features are affected by this proposal. Whilst there are trees close to the site, the construction of the decking and the garden room do not affect these as minimal excavation was undertaken to form the level for the decking and the concrete slab for the garden room itself.
- 5.9 The structure is 14m from the closest part of Narradale (the single storey rear annex) and 23m from the nearest point of 44, Baldrine Park and in between all of these points are established hedging and trees which, even without their leaves, provide screening of the structure and affect the outlook from these nearby properties. It should be noted that the protection of a private view is not a material consideration although outlook, light and privacy are important considerations. The only windows in the structure look into the applicant’s own garden. We would submit that the proposal does not harm the living conditions of any of the neighbouring properties (General Policy 2g).
- 5.10 There is no change to the existing access, parking or manoeuvring space available to Cubralibre Mooar as a result of the proposals (General Policy 2h and i).
- 5.11 The development will have its services provided from the existing dwelling (General Policy 2j).
- 5.12 There is no prejudicial impact on the use of adjacent land as a result of the proposal. As stated previously there is no adverse impact on the living conditions of those in neighbouring properties and the adjacent farmland remains unaffected by this structure constructed within the residential curtilage which is separated from the farmland by a stockproof fence (General Policy 2k).
- 5.13 There is no risk of erosion or flooding in this case (General Policy 2l).
- 5.14 There are no issues of community or personal safety or security in this case: the structure is visible from the main house and there is no separate access to it from the adjacent highways (General Policy 2m).
- 5.15 The structure will enable the occupants of the main house to work from home which can result in energy and fuel saving and has been designed to be a warm and comfortable space in which to work or be (General Policy 2n).
- 5.16 It is submitted that the proposed garden room and decking have no adverse impact on the environment and comply with all of the relevant planning policies.

## Sarah Corlett 17.02.2023

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

## Appendix One - Strategic Plan policies

- Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and reusing scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services.
- Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.
- Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (a) avoiding coalescence and maintaining adequate physical separation between settlements; and (b) having regard in the design of new development to the use of local materials and character.
- Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2) , buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance.
- Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.

Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement

Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.

Environment Policy 3: Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value.

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

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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/10014-lonan-cubalibre-moar-ballamenagh-road-decking-retrospective/documents/966619*