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THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THERE ARE OBJECTIONS FROM THE LOCAL AUTHORITY AND THE APPLICATION IS RECOMMENDED FOR APPROVAL
The site is the residential curtilage of an existing dwelling situated alongside the A7 to the south west of Ballasalla. To the east of the site is a lane leading to Hunter's Lodge and Ballasalla House. The site includes the immediate curtilage of Monk's Walk and two fields which are undeveloped. The overall site is around 1.27 acres in area and the immediate residential curtilage is 0.3 acres as shown in the draft Area Plan (see below). The actual curtilage shown in the aerial photograph is somewhere in the region of 0.6 acres.
The site abuts the curtilage of Hunter's Lodge to the south and Ballasalla House to the south west of this.
There are sheds in the middle field within the site - relatively low timber structures. The structures are visible from the footpath which runs to the north of the site but are situated against the side of the site and a backdrop of trees and vegetation.
The site lies within an area of Private Estate (Low Density Housing in Parkland) on the Town and Country Planning (Development Plan) Order 1982. On the draft Southern Area Plan the site lies within an area of residential use with the associated fields as undesignated open space. The village boundary skirts around the residential curtilage and excludes the undeveloped fields and the existing sheds.
The site lies outside the flood risk zone associated with the Silverburn.
Proposed here is retrospective permission for the erection of a boathouse. This is a simple structure, with open walling and a plastic sheeted roof with a timber frame. The structure is 7.9m long and 3.9m wide and 3.8m high. The structure is to accommodate a small boat.
The site lies within an area of Low Density Housing in Parkland on the Town and Country Planning (Development Plan) Order 1982, this would not prevent the erection of structures associated with existing housing of a substantial nature. The policy for such areas is set out in Planning Circular 8/89 states that development should include substantial dwellings which are designed and finished to the highest quality and set within landscaped grounds of at least 1 acre. There is a presumption against the felling of trees in such areas and all trees within such areas are deemed to be Registered.
Within the draft Southern Area Plan the site is not designated for development and as such development would have to comply with some part of General Policy 3 which states;
Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10) b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14) e) location-dependant development in connection with the working of minerals or the provision of necessary services; f) building and engineering operations which are essential for the conduct of agriculture or forestry g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and h) buildings or works required for interpretation of the countryside, its wildlife or heritage".
Planning permission was sought for the erection of a dwelling under PAs 84/0461 and PA 85/0660: the first was refused and the second approved on review. Permission was then sought for an extension under PA 89/0485 and this was permitted.
The owners of Ballasalla House and Hunter's Lodge object to the application on the basis of the appearance of the structure which is unattractive and industrial in appearance. They also refer to
another shed which they claim does not have planning permission and an entrance which has been created onto the lane which, it is suggested, is also unlawful.
Malew Parish Commissioners object to the application on the basis that there is insufficient information and detail on the plan.
The applicant has submitted further information, indicating that the structure is intended only for a maximum period of 2 years: the structure is intended to keep the applicant's boat dry whilst repair work was being undertaken but this has become more extensive than anticipated and has taken longer than expected.
He clarifies that the existing shed has been in place for a significant time and he has previously been advised that no enforcement may be taken in this respect.
Under the extant plan, the proposal would not detract from the policy for large houses in landscaped grounds and does not result in the removal of any trees. The proposed structure is lightweight and temporary in construction and is not visible from any public perspective.
The emerging plan does not designate the site for development but does not acknowledge that the middle field is part of the residential curtilage which is evident in the aerial photograph. As such, despite the zoning, this should be treated as part of the curtilage and as such, the principle of a shed for the protection of the applicant's craft is compatible with the existing sheds alongside.
The structure is clearly not designed to be permanent and is not something which would be considered acceptable if it were to be retained as such. However, the applicant wishes to retain the structure for a maximum period of two years from July 2011.
What is most eye-catching about the structure is the blue sheeting which is visible from the land and fleetingly from the A7. However, it is not unusual for such sheeting to be found within gardens, protecting equipment or vehicles which cannot be garaged. Indeed planning permission would not be required simply for covering material or vehicles with such sheeting.
It is considered that the structure is a simple and temporary structure which will be removed by July 2013 and it is not so visually detrimental to the outlook from neighbouring properties or public thoroughfares as to warrant refusal of this application. Whilst the local authority and the neighbours suggest that the plans are deficient, the structure is a simple one and the information submitted clearly shows the dimensions and materials involved. As such, it is not considered that further plans are necessary.
The local authority, Malew Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The neighbours at Hunter's Walk and Ballasalla House are alongside the site and should be afforded party status in this case,
Recommended Decision: Permitted
Date of Recommendation: 30.08.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. This permission relates to the erection of the boat shed which has already been erected and as shown in the submitted drawings and photographs all received on 31st May, 2011.
C 2. The structure and all its component parts hereby approved must be removed from the site by 31st July, 2013.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : A Committee Meeting Date : 15.9.11
Signed : Soo howitt Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☐ YES ☑ NO
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