Officer Report

Application No.: 17/00562/B Applicant: Mr & Mrs Chris Norman Proposal: Erection of garden studio Site Address: 1 River Vale Braddan Douglas Isle Of Man IM4 4TH Case Officer : Mr Chris Balmer Photo Taken: 17.01.2018 Site Visit: 17.01.2018 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 23.04.2018 _________________________________________________________________

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 hereby approved may be used only in association with the main dwelling house "Nr 1 River Vale" and for purposes ancillary to the use of main dwelling house "Nr 1 River Vale" as a single dwelling, and may not be occupied, rented or sold off separately and only in accordance with the internal layout shown on proposed floor plan received on the 26th June 2017.

Reason: the dwelling is within a single residential plot within an area of similar developments. The application does not propose to create separate units of accommodation within the site and further the use of the unit as a separate dwelling would result in adverse impacts through overlooking upon owners/occupants of Nr 1 River Vale.

• C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.

• C 4. The Garden Studio is required to have a floor level of 300mm above the flood level and include flood resilient materials/measures as stated within the submitted Flood Risk Assessment prepared by Curtins dated 20 Nov 2017. Reason: To ensure adequate flood protection measure are in place.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings received on 23rd May 2017, 26th June 2017 (floor plans annotated) and 20th November 2017 (flood risk assessment).

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

Manx Utilities _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE APPLICATION COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR AN APPROVAL

1.0 THE SITE - 1.1 The application site is the residential curtilage of a 1 River Vale. Braddan, Douglas, located to the southern side of River Vale, which is the highway which links the TT Access Road to Braddan Road. The TT Access road runs along the rea boundary of the site (western). The property is a modern detached dwelling house comprising two storeys. - 1.2 The dwelling is set back approximately 30m+ from River Vale and due to the topography of the land (on hillside) the dwelling floor level is set below the road level. The property sites within the centre of the overall site, with the majority of the garden space located to the front of the dwelling, albeit the rear and side gardens are still a reasonable sized garden for properties within settlements. - 1.3 The rear garden has an approximately 3.5-4 metre high leylandii mature hedgerows/landscaping around it, including along the western boundary (including 2m high fence) which fronts onto the TT Access Road. There is also a vehicular access along this boundary.

2.0 THE PROPOSAL - 2.1 This application seeks full approval for the erection of garden studio in the form of a detached building. The building would be located to the southern corner of the site (rear/side garden). The building would have a width of 10 metres, a depth of 6 metres and a height of

2.5 metres. The building would appear to be finished in timber Cedar cladding and window and doors finished in dark grey frames. The roof would be finished in a fibreglass.

2.2 The building would accommodate a lounge, bathroom, bedroom, study and cupboard.

2.3 The unit could be accessed via the existing entrance from River Vale and the TT Access Road both of which are shared with the main dwelling house.

- 3.0 DEVELOPMENT PLAN POLICIES

3.1 In terms of local plan policy, the application site is designated as an area of existing predominantly residential use under the Douglas Local Plan. The site is not within a Conservation Area. - 3.2 Due to the zoning of the site, and the nature of the proposed development, the following Planning Policy is relevant in the consideration of the application:- - 3.3 General Policy 2 states: "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;
• (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."

- 4.0 PLANNING HISTORY

4.1 There are no previous planning applications on this site which are considered relevant to the determination of this proposal. There is however a application on a neighbouring site which is considered relevant in the determination of this application: - 4.2 Approval in principle for the erection of a detached dwelling - Land Adjacent To 3 River Heights - 10/00574/A - REFUSED at Appeal "The planning application and development it proposes is concluded to be unacceptable for the following reasons:

• i) The planning application does not adequately demonstrate that a dwelling could be satisfactorily accommodated within the constraints of the application site, particularly in terms of the changes in levels found across the application site. As such, the planning application does not satisfactorily accord with the provisions of General Policy (b) and (h) of the Isle of Man Strategic Plan 2007;
• ii) The creation of a new access onto the TT Access Road would adversely affect the use of the road as a cycle/leisure route to the detriment of public amenity. As such, the proposed

• development is contrary to the provisions of Transport Policy 3 of the Isle of Man Strategic Plan 2007; and
• iii) The creation of a new vehicular access onto the TT Access Road would be contrary to highway safety. As such, the proposed development is contrary to the provisions of General Policy 2 (i) of the Isle of Man Strategic Plan 2007."

- 5.0 REPRESENTATIONS

5.1 Highway Services indicate there is no highways implications (21.06.2017).

5.2 Braddan Parish Commissioner's Council raise no objection (04.12.2017 & 16.06.17). - 5.3 Manx Utilities made the following comments (27.06.2017): "The main thing an FRA needs to establish is the existing risk of flooding to the property and surrounding area, vs. the impact on flooding as a result of the proposed building. The FRA would need to demonstrate through hydraulic modelling and hydrological calculations that there would be no increase in flooding to the other properties in the area as a result of the proposed building. We would expect an FRA to be produced by someone who is suitably qualified in this field. The applicant would therefore need to procure the services of a professional to produce the FRA."

Following these comments the applicants provided a Flood Risk Assessment, although no further comments from Manx Utilities have been received.

6.0 ASSESSMENT

6.1 The key issues to be assessed in the determination of this application are whether the proposal constitutes the creation of a new dwelling and secondly do the proposed works have a significant impact upon neighbouring amenities, including the applicants own existing dwelling N 1 River Vale (loss of light, overbearing impact upon outlook and/or overlooking). Whether the proposal constitutes the creation of a new dwelling

6.2 The first issues relates to whether the proposal could be considered to be a new dwelling and whether such accommodation would be compatible with the existing dwelling and if it is considered a separate dwelling, would it provide adequate amenities in itself. - 6.3 The scheme proposes a detached building which can accommodate a lounge, bathroom, bedroom, study and cupboard, and would have a floor area of 60sqm. Concerns of such accommodation can cause concern that the unit could potentially be used as a selfcontained unit, totally independent from the main house for any provisions and could not be considered to be ancillary accommodation as proposed. If a building, or part of a building, contains sufficient facilities to be used in a self-contained manner then they are generally considered to be a separate planning unit, whether or not they are occupied by a relative of occupants of the primary property, or used by guests. - 6.4 There is some case law that has accepted fully self-contained accommodation as being ancillary to the principal residence, i.e. when they have been occupied by a dependant relative or disabled child, or even a servant, and certainly who pays the bills is a factor. However, in most cases the test of whether it is a separate planning unit rests upon its severability. i.e. If the alleged ancillary use could practically and viably operate on its own were the primary use of the premises cease or cease to be in the ownership of the same person. - 6.5 The applicants advise the following:

"…The studio will be lived in full time by a relative and there is no intention of the studio being separated from the main house. It will be using the same electricity supply and water…"

6.6 There is some comfort that the building would be used in associated with the main dwelling house (Nr 1 River Vale), which include:

• The location within the side/rear garden, and the front elevation (large expanses of glazing) would have direct views towards the detached garage and rear garden of Nr 1 and therefore would have direct and clear overlook over the private amenity area of Nr 1. Further the unit would have views towards large parts of the front garden of the property, which does have more privacy than most front gardens;

• o Not only would the unit have outlook over the gardens of Nr 1, it would also share the amenity space (i.e. garden.);
• o The unit would be required to utilise the same entrance/driveway/parking as the main dwelling; and
• o The proposed plans do not include any kitchen and would require the main dwelling house for such provision. It is noted that internal alterations do not generally require planning permission and there is space within the unit to install a kitchen. However, a condition could be attached which seeks the internal layout as shown only.

6.7 Overall, this all gives comfort that the unit would be used in an ancillary way. It is also considered appropriate to suspend all Permitted Development rights to this site, which includes the presentation of erecting and fences to separates sections of the site. A condition should also be attached which limits the use of the building for purposes in association with the main dwelling house only, and for no commercial purposes. - 6.8 Accordingly, in this case it is concluded that for the specific reasons indicated it would all seem to help the argument that in practical terms it is unlikely to be occupied as a separate household to the main dwellinghouse and therefore would not constitute a new residential dwelling, but would be accommodation incidental to the main dwelling house.

Do the proposed works have a significant impact upon neighbouring amenities, including the applicants own existing dwelling N 1 River Vale

6.9 The second issue relates to the physical works and whether the proposed works would adversely affect neighbouring amenities. Visiting the site it was evident that the northern, eastern and western hedgerow boundaries were of a height which would screen the proposed works from neighbouring views. Further to this the proposed height, design and siting of the linked extension is such that the proposal would have little impacts upon neighbouring amenities in terms of loss of light, overbearing impact upon outlook and/or overlooking. - 6.10 The proposal would cause significant concerns should the unit being proposed as a separate dwelling, given the level of overlooking (loss of privacy) to the gardens of Nr River Vale. However, for the reasons indicated previously (to be used in incidental to the main dwelling house); the concern is overcome.

- 7.0 RECOMMENDATION

7.1 It is considered the proposals would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved subject to conditions. - 8.0 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:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : …Permitted.. Committee Meeting Date:…09.05.2018

Signed :……C BALMER……….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

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