**Document:** Officer Report **Application:** 18/00188/B — Erection of summer house within garden of property **Decision:** Permitted **Decision Date:** 2018-04-06 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/11331-german-murtagh-house-battery-road-dwelling/documents/981267 --- # Officer Report **Application No.:** 18/00188/B **Applicant:** Mr David Humbles **Proposal:** Erection of summer house within garden of property **Site Address:** Murtagh House Battery Road Peel Isle of Man IM5 1UD Case Officer : Miss S E Corlett **Photo Taken:** 28.03.2018 **Site Visit:** 28.03.2018 **Recommended Decision:** Permitted **Date of Recommendation:** 03.04.2018 _________________________________________________________________ ## Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions - C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. - C 2. The proposed building may be used only as accommodation incidental to that of the main dwelling, Murtagh House and may not be used as separate living accommodation. Reason: To ensure that the development accords with the proposal as set out in the application. Plans/Drawings/Information: This decision relates to drawings 1, 2, 3 and 4 all received on 23rd February, 2018. _______________________________________________________________ ## Interested Person Status Additional Persons It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4): The owner of Thornton Grange, Belle Vue Lane, Peel who is not sufficiently close to the site to be directly affected by the proposal and whose representations relate to the loss of a private view which is not a material planning consideration. _____________________________________________________________________________ Officer’s Report THE SITE 1.1 The site is the residential curtilage of an existing dwelling situated on the eastern side of Battery Road which is on the northern side of Ramsey Road to the north of Peel town centre. The existing dwelling faces south onto Battery Road and sits in a sizeable plot, with Cliff Cottage sitting to the north west around which the curtilage of Murtagh House wraps. Battery Road turns a sharp right around Cliff Cottage before reaching a dead end, having formerly provided access to the sand quarry behind Murtagh House which is no longer actively quarried. Battery Road has to its west open area used as Public Open Space. Cliff Cottage is used as two associated units of living accommodation Cliff Cottage and Cliff Cottage Beg. THE PROPOSAL - 2.1 Proposed is the erection of a summer house alongside Cliff Cottage facing north along with the extension of the existing hard surfaced driveway and turning area. The annotation describes this as being to "provide improved parking and turning area". This leads right up to the rear of the summerhouse. 2.2 The summer house has the appearance of a small bungalow, with an L-shaped floor area - 5.5m by 9.3m with a projection of 4.3m by 2m to the rear (internal floor area of around 45 sq m). Its finishes will be to match the main house - a stone plinth around all four elevations, rendered walling, 25 degree slated roof and with one small window and door in the rear elevation and large patio doors on the northern elevation facing out to sea. The internal layout includes a toilet and bar and reference is made to a golf simulator machine. 2.3 The area of the paving and the summer house accommodate the septic tank associated with Murtagh House as well as the route of the drain from Cliff Cottage into its septic tank which is situated in the quarry. The annotation on the drawing suggests that this will be identified and protected during works. - 2.4 The paving works are likely not to be considered to be development given that they are within the site and not altering a vehicular access. - 2.5 The site is around 1m higher than the adjacent highway and the parking area to the side of Cliff Cottage Beg. In that side of the property there are two small first floor windows serving a bedroom and a bathroom and one ground floor window as well as the windows in the side of the entrance porch. ## PLANNING POLICY 3.1 The site lies within an area designated on the Peel Local Plan as Residential. As such, the provisions of General Policy 2 are applicable as follows: 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: - (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; (g) does not affect adversely the amenity of local residents or the character of the locality and - (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan". ## PLANNING HISTORY 4.1 Murtagh House was approved under 10/00219/A and 12/00720/REM. 4.2 An application was submitted for the relocation of a WW2 air raid shelter to a position across the road from the proposed summer house - 16/00338/B. REPRESENTATIONS - 5.1 Peel Town Commissioners indicate that they have no objection to the application (20.03.18). 5.2 On the planning officer's site visit (28.03.18), the owner of Cliff Cottage was at home and the merits of the application were discussed. Whilst he had some concern about being overlooked, he appreciated that there were no windows in the side elevation facing his property. the location of the septic tank and associated drains were identified with some of the proposed patio lying within this area. 5.3 The owner of Thornton Grange, Belle Vue Lane, which lies across the former quarry, some 120m to the east, expresses concern at the impact on his view and outlook, which is presently pleasant. He notes that this has already been affected by the existing house on the site and he appreciates that efforts have been made to make the structure single storey but is concerned that it may be extended in the future. He would find this upsetting as he greatly values his view of Peel Castle in a property in which he has lived for 23 years. He wonders whether the existing dwelling is not large enough to accommodate the proposed accommodation and wonders if the summer house is necessary. He also worries that this could be sold off as a separate dwelling at some point (29.03.18). ASSESSMENT - 6.1 The issues in this case are whether the proposed structure would have any adverse impact on the living conditions of those in Cliff Cottage, whether there would be any adverse visual impact on the character and appearance of the area and finally whether the development would prejudice the services available to any adjacent property, particularly Cliff Cottage/Beg. 6.2 The fact that the summerhouse has no windows in the elevation facing Cliff Cottage/Beg is relevant in that there will be no actual overlooking. If there were a patio and no building there, occupants of Murtagh House could sit in the position of the summer house and have potentially more of an impact than will the building. 6.3 There is a well used footpath running alongside Cliff Cottage as a continuation of Battery Road and from there the proposed building will be visible. However, the principal view and outlook for users of the public open space and the footpath is not back towards the housing but out to sea and towards the Castle and Bay and as such, it is not considered that the proposed building would have any significant impact on the appearance or character of the area. In any case the building is well designed, not overly large and would not be an unacceptable addition to the site. The existing garage is already visible further into the site and what is proposed would be similar but smaller and closer to the highway. 6.4 The proposed structure is considerably larger and higher than anything that could generally be allowed under the provisions of the Permitted Development Order. 6.5 The structure will be visible from a number of surrounding properties although the protection of a private view is not a material planning consideration and in this case, it is noted that the distance between the concerned resident and the proposed development is around 120m, albeit within a striking view of Peel Castle and the Bay. It is not considered that at a - distance of 120m that the outlook from Thornton Grange, which is higher than the application site, could be considered to be materially affected. - 6.6 If the proposed structure were to be increased in size or height then a new planning application would be required. It would be appropriate to attach a condition to require the use of the structure to be ancillary to that of the main property to prevent it being used as separate living accommodation which could affect the living conditions of those in Cliff Cottage. ## CONCLUSION 7.1 The proposal is considered to accord with General Policy 2 and is recommended for approval. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: - (a) The applicant, or if there is one, the applicant's agent; - (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; - (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material - (d) Highway Services Division of Department of Infrastructure and - (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision-maker must determine: - * whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and - * whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation. Decision Made : Permitted Date: 06.04.2018 Determining officer Signed : A MORGAN Abigail Morgan Senior Planning Officer ## Customer note ## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records. --- *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/11331-german-murtagh-house-battery-road-dwelling/documents/981267*