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Application No.: 15/00310/B Applicant: Mr David Walker Proposal: Alterations and erection of a two storey link extension to provide ancillary living accommodation to dwelling Site Address: Ballamin Cottage Lhen Road Bride Isle Of Man IM7 4BG Case Officer : Mr Chris Balmer Photo Taken: 30.03.2015 Site Visit: 30.03.2015 Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site comprises the curtilage of Ballamin Cottage, Lhen Road, Bride which is a part dormer bungalow part two storey property located on the northern side of the Lhen Road and northwest of Bride Village. - 1.2 The site lies within a rectangular shaped parcel of land which has grass sod banks with mature gorse above along the southwest boundary which faces towards the Lhen Road. The north western boundary which fronts onto the existing private lane is also made up with sod banking with vegetation in parts above. The north-eastern is made up with post and wire fence and separates the application site with the field to the north east of the site which is also within the applicants ownership. The south-eastern boundary comprises of a smaller sod bank and landscaping, which enables views from the rear of the property to the point of Ayre and beyond.
2.0 PROPOSAL - 2.1 The application seeks approval for the alterations and erection of a two storey link extension to provide ancillary living accommodation to dwelling. - 2.2 The proposed building which would accommodate living accommodation to the ground floor and within the roof space and would have a width of 5.6 metres, a depth of 6 metres and a ridge height of 6.6 metres. The building would be finished with a render dash and the roof finish is proposed to be roof titles, both to match existing dwelling.
3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a number of previous planning applications which are considered material to the assessment of this current planning application: - 3.2 Alterations and extensions to dwelling to provide additional living accommodation to include garage and a self-contained granny flat - 04/02276/B - APPROVED - 3.3 Alterations and extensions to dwelling to provide additional living accommodation 06/00530/B - APPROVED
4.0 REPRESENTATIONS - 4.1 Bride Parish Commissioners (received on 13.04.2015) have no objection. - 4.2 DOI Highway Services have no objection (received on 08.04.2015).
5.0 PLANNING POLICY - 5.1 The site is within an area of High Landscape Value not designated for development under the Isle of Man Development Plan Order 1982. The site is not located within a Conservation Area. - 5.2 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:- - 5.3 Environment Policy 2 states: "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:
5.4 Housing Policy 16 states: "The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public."
6.0 ASSESSMENT - 6.1 The key issue with the application is the potential visual impact the proposals would have upon the countryside, which is of high landscape value; and whether the use of the building as ancillary accommodation is appropriate on this site. - 6.2 In relation to the potential visual impact the main policy to be considered is Environment Policy 2 and Housing Policy 16. This new build is on the same footprint as a previously approved scheme 04/02276/B, the difference being the ground floor of the proposal was garaging, and the existing integral garage was being converted into additional living accommodation. The upper floor of the previously approved extension was to be used as a games room/store. In all other respects the proposal is the same or very similar. - 6.3 Since this original approval the adoption of the Isle of Man Strategic Plan 2007 has occurred and therefore Housing Policy 16 requires consideration. This specially relates to extension to dwellings in the countryside and namely to non-traditional properties, which the application dwelling is considered to be (i.e. not Manx vernacular in design). - 6.4 This policy indicates that the extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public. In this case the main public views are from the Lhen Road which is approximately 190 metres to the south of the site. From these public views, the proposal would be partially apparent although, the extension position in relation to the road and in relation to the main dwelling house would not appear as an isolated building or significantly increase the massing of the property given the backdrop of the extension is of the main dwelling house. It should be noted the lane which serves this dwelling is private and not open to members of the public.
6.5 Overall, whilst the proposal would increase built development on the site, it is considered given its size, height, design, positioned adjacent to the main dwelling house and distance/orientation from public views, the proposal would not significantly increase the impact of the building as viewed by the public. Furthermore, it is considered the proposal would not harm the character and quality of the landscape. - 6.6 The next issue to consider is whether the ancillary accommodation proposed is tantamount to the creation of a new dwelling in the countryside. - 6.7 Ancillary in planning terms means that the said building is used by and for the people of the main property, in a secondary manner and the whole planning unit (including the additional building) remains as a single unit of accommodation. You cannot have an entirely independent property 'ancillary' to another. What needs to be considered when determining this is how a building is being used. - 6.8 It boils down to whether something is a single household. A household contains a single person, a family or people who live as a family. Consequently, it is neither here nor there if someone owns the additional accommodation on the farm, in the garden and so on, what matters is whether they live separately (i.e. come and go, watch telly, eat, have different visitors etc) . If they do, then it is a separate dwelling. This also applies to relatives
6.9 Initially there was concern that the proposal could be used as a separate dwelling. The fact this proposal is linked to the main dwelling helps, although the unit could potentially be used as a separate unit, given the new porch could only be used by this property, given the main front door of the property remains unchanged and arguable would still be the main entrance to the main dwelling. Furthermore, the one bedroom unit had its own kitchen, bathroom and has no dependency on the main house. Externally, parking could be provided to the front of the unit and to the rear the area to the rear could be fenced off to create a private garden. - 6.10 Due to these concerns, the Planning Directorate discussed the proposal with the applicant's agent and a compromise was agreed which included the removal of the front porch door, the removal of the kitchen, and the blocking up of the existing hardstanding area fronting the property, ensuring all parking would be located to the northeast of the main dwelling house. The applicants are also happy for a condition being attached which ties the property to the main dwelling house. It is also considered Permitted Development rights are removed to ensure no fencing can be erected to separate the properties. - 6.11 Material Planning consideration also needs to be given to the previously approved application (04/02276/B) which essentially allowed the dwelling to be separated into two dwellings. This new proposal provides the accommodation in an ancillary way, significantly more so than the previously approved scheme.
7.0 RECOMMENDATION - 7.1 Overall, it is considered the proposal would be an appropriate level of development which would have no significant impacts upon the visual amenities of the area. It is therefore recommended that the application be approved. 8.0 PARTY STATUS
By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons:
"With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order".
Recommendation Recommended Decision: Permitted Date of Recommendation:
09.06.2015
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
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.
REASON: the site lies within an area not designated for development and the creation of a separate dwelling would be contrary to this. The application does not propose to create separate units of accommodation within the site and has not been considered as such.
Reason: To ensure all parking provision is provided by the existing garaging and hardstanding associated with Ballamin Cottage as a single dwelling house.
This approval relates to drawings reference number 1, 2A, 3 and 4 received on 20th March 2015 and 9th June 2015.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : 10.06.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed : Michael Gallagher Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management
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