Thie Vane Truggan Road Port St. Mary Isle Of Man IM9 5AX
Case Officer:
Miss Laura Davy
Photo Taken:
Site Visit:
Expected Decision Level:
Officer Delegation
Introduction
This application seeks permission for the erection of a replacement garage in an area zoned as High Landscape or Coastal Value and Scenic Significance. The application is considered to be acceptable and is in accordance with the relevant policies of the Isle of Man Strategic Plan.
The Site
The application site is the curtilage of Thie Vane, Truggan Road, Port St Mary which is a detached dwelling situated to the northern side of Truggan Road. The garage and parking for this property is at the rear of the site and is accessed off Howe Road.
The existing garage is flat roofed, internally there is parking for two vehicles. There is off road parking by way of a driveway to the front of the double garage.
The property to the east of the existing garage is "Kionslieu" which is a detached property and is at a distance of approximately 6m from the shared boundary. The main living room and bedroom look out towards Port St Mary therefore the windows look out towards the existing garage. "Kionslieu" is at a slightly elevated position than the application site and the view out of the window is towards Port St Mary.
The Proposal
The application seeks approval for the erection of a replacement garage on the footprint of the existing. The proposed garage would be single storey and would be finished with a pitched roof. The front elevation would have a double roller shutter door. There would be a roof light in the front roof slope and a roof light in the rear roof slope. There would also be a pedestrian door in the side elevation and a window in the rear elevation. The replacement garage would be slightly larger than the existing in terms of floor area and height to the ridge line.
The garage would be finished with smooth render and masonry paint. The existing concrete driveway to the front of the garage is to be removed and re-surfaced with block pavour sets. No engineering works are proposed to change the levels on site.
Planning History
The previous planning applications are not considered specifically material in the assessment of the current application.
Development Plan Policies
The application site is in an area zoned as "Area of High Landscape or Coastal Value and Scenic Significance" identified on the 1982 Development Plan. On the Modified Draft Southern Area Plan the application site is zoned as "Predominantly Residential". Given the nature of the application it is appropriate to consider General Policy 2 and Environment Policy 2 of the Isle of Man Strategic Plan (20th June 2007).
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; 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.
Environment Policy 2
The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
a) The development would not harm the character and quality of the landscape; or b) The location for the development is essential.
Consultations
Highways Division recommend approval as it has no adverse traffic management, parking or road safety implications.
Port St Mary Commissioners have no objections.
The owners/occupiers of Kionslieu, Howe Road, Port St Mary have objected to the application, in summary they note that the garage was built in the 1970's without planning permission, that the garage is right in front of their house and will effect the quality of their lives and will considerably de-value their property. There is no datum level marked
on the plans so they do not know what height the finished building will be. Every garage on Plantation Road/Howe Road has a flat roof except for one, they would not object to a flat roof of the same height of the existing building.
Assessment
The application site is in an Area of High Landscape or Coastal Value and Scenic Significance identified on the 1982 Development Plan, therefore the site is not zoned for development. However on the Modified Draft Area Plan for the South the application site is in an area zoned as Predominantly Residential.
In the assessment of the application it is appropriate to consider the impact on the character and appearance of the surrounding area and the impact to the neighbouring properties.
The existing garage which is accessed off Howe Road is in a fairly prominent position and given its flat roof box like appearance is fairly unattractive. The proposed garage would be a simple structure which would be finished with a pitched roof; the walls would be finished with smooth render with masonry paint. It is considered that the replacement garage would enhance the appearance of the site and would contribute to the surrounding area.
In terms of Environment Policy 2 it is considered that the replacement garage would not harm the character and quality of the landscape.
Whilst the Modified Draft Area Plan for the South has not yet been adopted, weight needs to be given to the Plan. If assessing the site as predominantly residential it is appropriate to consider General Policy 2. In terms of General Policy 2, there would be no windows in the elevation closest to "Kionslieu", therefore the proposed development would not result in undue overlooking or loss of privacy. Given that the property is at a slightly elevated position and the roof of the proposed garage would be gable end facing the windows, the highest part of the roof being 1.2m from eaves level to ridge line it is considered that the proposed replacement garage would not appear unduly overbearing, neither would it result in the undue loss of light. It is judged that the proposed garage would not adversely affect the living conditions of "Kionslieu".
For the above reasons the application is considered to be acceptable and is recommended for approval.
Party Status
The local authority, Port St Mary Commissioners is, 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 Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
The owner/occupier of Kionslieu, Howe Road, Port St Mary is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status.
Recommendation
Recommended Decision: Permitted
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
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the erection of a replacement garage as shown in drawings 1151.1, 1151.2, 1151.3 and 1151.4 received 4th May 2012.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made: Permitted Date: 18/6/12
Determining officer (delete as appropriate)
Signed: Anthony Holmes Senior Planning Officer
Signed: Sarah Corlett Senior Planning Officer
Signed: Jennifer Chance Director of Planning and Building Control Development Control Manager
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