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Application No.: 10/00921/B Applicant: Mr James \& Mrs Rosemary Ellwood Proposal: Erection of a garage/tractor store with games room over Site Address: Ballacain Lhagg Road Dalby Isle Of Man IM5 3BU ### Considerations Case Officer : Mrs Jade Craig Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Manx Electricity Authority Notes: Comments received Consultee : Highways Division Notes: Do not oppose Consultee : Patrick Commissioners Notes: Comments received
The application site comprises the curtilage of an existing detached dwelling and ruined outbuildings, located off the Lhagg Road to the south of Dalby Village in Patrick. The existing dwelling is a traditional Manx farmhouse with extensions which were constructed illegally, after planning applications for such were refused. A previous planning application (07/01264/B) was approved for the erection of a replacement dwelling, which would be located on approximately the same spot as the existing dwelling, although this approval had not been implemented at the time of writing this report.
Proposed now is the erection of a detached garage/tractor store with a games room over. The proposed building would be located approximately 13.5 metres to the rear or north of the proposed dwelling. The building would be a rectangular structure with a pitched roof over. The walls would be rendered, the windows, doors and staircase would be in a dark stained timber and the roof material would be natural slate.
The external walls would measure 8 metres in width and 12.1 metres in length. The eaves height would be 2.2 metres off ground level and the eaves would project out from the longest external walls of the building by 1.2 metres, forming a covered area down either side of the building. The overall height of the ridge would be approximately 6.5 metres. The ground floor would be subdivided into two areas, with the largest being a double garage and the smallest being a tractor shed. There would be a games room on the first floor, which would be accessed by an external timber staircase and balcony. The games room would be located above the garage and there would be a void above the tractor shed. Conservation style rooflights would allow light to the first floor level.
The site plan shows that it would be intended to plant deciduous trees along the north boundary of the site, following consultation with a forester. From viewing aerial photographs and from visiting the site it is apparent that there are some trees already growing near to the northern boundary, although these trees were quite small at the time of the site visit (15th July 2010) and it is considered that it may be difficult for trees to grow in a windswept area such as this.
The following previous planning applications are considered relevant in the assessment and determination of this application;
97/00485/B - Refused on Review 11/08/97 Alterations and extension to dwelling, Ballacain, Niarbyl, Dalby, Patrick. 97/02255/B - Refused on Review 05/05/98 Alterations and extension to dwelling, Ballacain, Niarbyl, Dalby, Patrick. 98/01771/B - Refused at Appeal 14/12/99 Alterations and extension to dwelling, Ballacain, Niarbyl, Dalby, Patrick. 07/01264/B - Permitted 05/12/07 Condition 3 Prior to the commencement of the development, finished floor levels of the proposed dwelling must be submitted and approved by the Planning Authority. Such levels shall be taken from a fixed datum point outside the application site. Condition 4 The roof(s) must be finished in dark natural slate. Condition 5 Irrespective of the material of construction, the windows to all elevations shall be sliding sash. Condition 6 Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no external doors, roof lights or windows shall be replaced (other than those expressly authorised by this permission). Condition 7 Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval).
In terms of local plan policy, the application site is located within an area designated as White Land not zoned for development and an Area of High Landscape or Coastal Value and Scenic Significance in the 1982 Development Order. The site is not within a Conservation Area.
The Isle of Man Strategic Plan 2007 contains policies which are considered material to the assessment of this current planning application;
General Policy 3; Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Environment Policy 1; The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.
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:
The Manx Electricity Authority have provided standard planning reply notes for the application. They state that as there are underground cables/overhead lines present in the area, the applicant/agent should contact the Network Operations Department of the M.E.A. in order to discuss this. They also state that they should contact the M.E.A. for Site Safety 5 documents before any work is carried out on site.
The Highways Division of the Department of Infrastructure do not oppose the application, as it has no traffic management, parking or road safety implications.
Patrick Parish Commissioners have commented on the application. The Commissioners are concerned about the size of the proposed building. They believe that it should be considered as part of the development approved under 07/01264/B, construction of which has not yet commenced. Taken as part of that development, the proposal should be measured in terms of the total floor space of the two combined and compared with the floor space of the existing building and, if found to exceed the usual relationship described in the Strategic Plan, should be refused accordingly.
The proposal would be located within the residential curtilage of the existing property Ballacain. Planning Approval is in place to replace the existing dwelling with a new house on the same site, although the works had not yet started at the time of writing this report.
It is proposed that the garage/tractor shed/games room building would be located to the rear or north of the dwelling, at a distance of approximately 13.5 metres from the proposed house. The site plan does not show the existing layout of the site, but it shows the position of the proposed garage and tractor shed in relation to the previously approved dwelling house which has not yet been constructed. However, from studying the position of the previously approved dwelling and comparing this to an existing site plan from the Department, it is judged that the approved dwelling would be located in approximately the same position as the existing dwelling. Therefore the distance to the proposed garage/tractor shed/games room can be taken to be approximately the same from the existing dwelling as it would be from the approved dwelling.
As stated previously, the proposed building would have a width of 8 metres, a length of 12.1 metres and a ridge height of 6.5 metres. The roof would slope down on two sides of the building and at the bottom it would extend out from the walls by approximately 1.2 metres to the eaves, creating a covered area at either side of the building.
Although the proposal is referred to in part as a tractor shed, the design is more akin with a residential dwelling than an agricultural store. The design is not ideal for tractors as the height underneath the eaves would be approximately 2.2 metres, which would mean that it could only be accessed by small machinery.
The proposal would result in a much larger structure than what would be permitted under the Permitted Development Order. Under the Permitted Development Order, a domestic garage may be constructed within the curtilage of a dwelling. This is provided that on completion of the works the height does not exceed 4 m above ground level; the width of the garage does not exceed 6 m or is less than 2.4 m ; the length of the garage does not exceed 6 m or is less than 5 m and there is not already a garage within the site. However, condition 7 of a previous planning approval (07/01264/B) suspended the Permitted Development Order on this property, so planning approval would be required for any such building.
The proposed building would be smaller than the new dwelling which was approved under 07/01264/B, in both height and in floor area covered. The submitted drawing shows that the overall ridge height of the new dwelling would be approximately 8.8 metres and the ridge height of the proposed building would be 6.5 metres. The new dwelling measured 15.5 metres across the front elevation of the main section and 9.5 metres across the side elevation of the main section. It was stated in the officer's report for PA 07/01264/B that the percentage increase in size of the new dwelling compared to the existing would be approximately , although the applicant had not provided measurements of the existing dwelling. This increase in size is greater than the stated in Housing Policy 14 in the Isle of Man Strategic Plan 2007, but the proposal was considered to be acceptable at that time.
From viewing the existing property and taking measurements from the Department's maps, the existing dwelling covers a floor area of approximately 254 square metres. The new approved dwelling would have a floor area of 417 square metres and from my calculations, this would result in an increase in size of on the existing dwelling, which is close to the estimated in the officer's report for PA 07/01264/B. These calculations do not include the attic space, but they do include the existing conservatory and proposed sunroom, which are measurable externally.
Patrick Parish Commissioners have recommended assessing the application against established planning policies in the Strategic Plan based on the combined size of the approved dwelling and the proposed building, compared to the existing. When the floor area of the new house ( 417 square
metres), the total new floor area would be 514 square metres, which would result in an increase in size of over the existing dwelling. Housing Policy 14 of the Isle of Man Strategic Plan requires replacement dwellings in the countryside to be generally sited on the footprint of the original building, with a floor area not more than greater than that of the original building. However, the policy states that the measured floor areas should not include outbuildings, and as the proposed building would be detached from the main dwelling, it is considered that it cannot be included in the calculations relating to Housing Policy 14.
In terms of planning policy, there is a presumption against new build developments relating to residential use in the countryside. This presumption is set out against this proposal in four different ways. Firstly, the application site is not zoned for residential development under the 1982 Development Plan Order. Secondly, General Policy 3 of the Isle of Man Strategic Plan makes no exception for developments of this type to take place within the countryside. Thirdly, Environment Policy 1 protects the countryside for its own sake against developments which would have an adverse affect upon it. Fourthly, the site is within an Area of High Landscape or Coastal Value and Scenic Significance and the proposal is therefore contrary to Environment Policy 2 which primarily protects the character of the landscape. It is clear that the development proposed in this planning application is therefore contrary to the current policies of the Department.
The proposed garage building would be visible from the main A27 highway which runs past the site and it would also be visible from the Lhagg Road, which serves other properties and is a public right of way (part of the Island's Raad Ny Foillan coastal footpath). In addition to this, the site can be viewed from the road leading to Niarbyl and the area around Niarbyl restaurant. This whole area is zoned as White Land and an Area of High Landscape Value or Scenic Significance and I consider that the views of this landscape are of national importance. The area is mainly characterised by open views across the countryside towards the dramatic coastline and it is important that this is preserved, as required in Environmental Policy 2.
Given the size and location of the proposed building, it is judged that the visual impact of the site would therefore increase. Due to the scenic significance of the area, it is judged that the proposal would result in the introduction of an intrusive feature which would be detrimental to the character of this area. In addition to this, approval of this planning application would set an undesirable precedent for further such inappropriate development in the countryside.
The proposed development would introduce a structure into the countryside which would be significantly larger than what could be built as permitted development. The application site is not zoned for development and the proposal is contrary to established planning policy.
Approval of this planning application would set an undesirable precedent for further such inappropriate development in the countryside and it is recommended that the planning application be refused.
It is considered that the following parties, who submitted comments, should be afforded Interested Party Status;
Patrick Parish Commissioners. It is considered that the following parties, who submitted comments, should not be afforded Interested Party Status;
The Manx Electricity Authority.
The Highways Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways Division cannot be afforded party status in this instance.
Recommendation
Recommended Decision: Refused Date of Recommendation: 04.08.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. The application site is not zoned for development and is within an Area of High Landscape or Coastal Value and Scenic Significance. Therefore the proposal is contrary to adopted policies which restrict such development in the countryside, including General Policy 3, Environment Policy 1 and Environment Policy 2 in the Isle of Man Strategic Plan 2007.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer.
Decision Made : Refused Date : ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
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