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The site represents the residential curtilage of an existing detached dwelling situated within The Willows within Ballasalla. The Willows is an estate of 6 large dwellings with red roofs, significantly larger dwellings than those at the entrance to the estate which are a mixture of detached and terraced properties.
The site lies within an area of Existing Predominantly Residential and Predominantly Shopping on the Isle of Man Planning Scheme (Development Plan) Order 1982.
Following the erection of the dwelling under PA 96/1732, a conservatory was added under PA 99/1271, enlargement of the garage was sought under PA 99/0741, extension over the garage to provide additional living accommodation was proposed and permitted under PA 04/0410 and conversion of the existing garage into living accommodation and the erection of a new garage at the rear of the garden under PA 07/1257. This garage was specifically required to be a low rise building, to sit comfortably so close to the rear boundary, and had a fully hipped roof whose peak was 4.7m above ground level and which had an area of 7m by 7m. There is an established conifer hedge
running along the rear boundary, forming the side boundary with the flats in York Mews which have car parking to the front of the buildings alongside the rear of the garage.
Now proposed is the erection of a garage generally in the position as approved under PA 07/1257 but with a floor of accommodation above, resulting in a building which has a footprint of 7m by 6.8m, the same as the approved garage, but with a gable ended roof which is 5.9m high with dormers in the front and rear pitch with a "guest suite" in the accommodation above and an external staircase on the left hand side of the front elevation.
REPRESENTATIONS
Malew Parish Commissioners object to the application on the basis that they consider it "a breach of the undertakings of the original planning" and that it is an over-intensive use of the site.
Department of Transport Highways and Traffic Division indicate that they do not oppose the application.
Department of Transport Drainage Division request a condition that no surface water is discharged to the main sewer. The application simply states that surface water will be discharged "to mains drains" so such a condition is appropriate in this case.
ASSESSMENT
The proposal should be judged against the provisions of General Policy 2 of the Strategic Plan which 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 space 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 adverse 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."
The proposed building would be closer to the highway than the existing dwelling and whereas the approved garage would have sat comfortably alongside the existing hedge, with a hipped roof matching that on the main house, the proposed additional accommodation would result in a building with a gable ended roof which would be clearly visible, complete with dormers, above the hedge and which would represent an intrusive and dominant element in the streetscene, contrary to paragraphs b and c of the above policy.
17 April 2009
09/00328/B
PARTY STATUS The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Recommendation
Recommended Decision: Refused Date of Recommendation: 17.04.2009 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 proposed building would be significantly higher than the hedging alongside which it would sit and, with its gable ends and dormers which would distinguish it from the main dwelling with which it is associated, would result in the building being a dominant and intrusive element within the streetscene and thus contrary to the provisions of General Policy 2b and 2c.
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Refused Date :
Signed :
Senior Planning Officer
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