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Application No.: 21/01155/B Applicant: Mr Oliver & Mrs Denise Peck Proposal: Erection of a detached ancillary building and installation of flue, balcony, and window/door alterations to existing dwelling (retrospective) Site Address: Abbeycourt Abbeylands Isle Of Man IM4 5ED Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 25.10.2021 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. The ancillary accommodation building within the rear garden of Abbeycourt and as shown on approved drawings 05 & 06 hereby approved shall only be used in association with the main dwelling house "Abbeycourt" and for purposes incidental to the use of main dwelling house "Abbeycourt" as a single dwelling, for no commercial purposes and only in accordance with the internal layout shown on drawing 05 received on the 28.09.2021.
Reason: The dwelling is within a single residential plot within an area of similar developments. The application does not propose to create separate units of accommodation within the site and has not been considered as such which would be contrary to the Development Plan. This application has been recommended for approval for the following reason.
The proposal complies with the wording of HP16 and GP2, and also the resulting development would not harm the character and quality of the landscape complying with Environment Policy 1 of the Isle of Man Strategic Plan 2021.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers all received;
28.09.2021
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE SITE - 1.1 The site is the residential curtilage of an existing dwelling which sits on the western side of the Abbeylands Road, just 50m north of the crossroads with the Scollag and Ballanard Roads. The dwelling has another property, Crossways, immediately to the south. The application property is visible at the entrance to the property but largely screened from view from other directions by existing trees and shrubs around its boundary. - 1.2 The property has a long rear garden, extending to over 27m behind the house which is a modern, stone clad largely single storey dwelling. Crossways is taller and is rendered with a steeper, tiled roof.
2.1 The application seeks approval for the erection of a detached ancillary building and installation of flue, balcony, and window/door alterations to existing dwelling (retrospective). - 2.2 The proposed detached ancillary building measures 6m x 6.1m and a height of 3.5m. The building is finished in a dark grey cladding. The building accommodates a kitchen, shower room and living area. The building is to the rear of the main dwelling and sites within the rear garden. The planning statement indicated that the applicants have health conditions and that the building is to give the applicant prolonged independence by providing separate accommodation near the main dwelling. The building is also adjacent to a spa pool (therapeutic treatment sessions) which has flush level access to the ancillary building. There is also direct access from the rear of the main dwelling. The applicants have advised they would be happy for a condition to be attached to the building which prevents it being used, rented or sold separately from the main house.
3.1 The application site has been the subject of a number of previous planning applications, the following of which could be said to be specifically material to the assessment of this current planning application:
3.2 Planning application 13/01515 was granted for further alterations and extensions incorporating a balcony projecting around 4.8m from the rear elevation and raising the viewer up by around 1.5m. - 3.3 Planning application 14/00755/B was approved for the construction of a private therapeutical pool and physiotherapy room, alterations below living area to create plant room and storage. - 3.4 It should be noted that a number of latter applications related to the applicants medical conditions.
4.1 In terms of local plan policy, the application site is located within a wider area of land that is not designated for development under the Area Plan for the East 2021. The site is not within a Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains three policies that are considered specifically material to the assessment of this current planning application; - 4.3 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:
landscaping of buildings and the spaces around them;
4.4 Environment Policy 1 states: "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." - 4.5 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."
5.1 Onchan District Commissioners recommend an approval of the application (20.10.2021). - 5.2 Highway Services comment there is no highway interest (06.10.2021).
6.1 In the first instance, it is noted that in the previous application the planning officer noted in his report that: "…it is worth noting that the applicant is registered disabled and a letter of support for the proposal, which would provide an indoor swimming pool, has been provided by the applicant's chiropractor who advises that regular exercise in a swimming pool of 4m by 10m in size would be appropriate. The proposed swimming pool would meet those size requirements." - 6.2 The works proposed under the previous application were not fully undertaken; however, the applicants agent confirms the applicant's medical condition remains; hence the need for the ancillary accommodation. The Department asked further information on the living arrangement of the new and existing main dwelling given the planning statement had indicated that the ancillary building is to give the applicant prolonged independence by providing separate accommodation near the main dwelling. The applicants comment: "On his good days Mr [redacted] lives in the main house, these unfortunately are getting less and less. He is unable to walk without the need aid of a walker on good days and more commonly he is wheel chair bound. The layout (corridor and door widths) are such that the wheel chair is difficult to manoeuvre and impossible in other area. The ancillary building is designed that it is completely wheelchair friendly so on the bad days Mr & Mrs [redacted] live there, while their children (and Mrs [redacted] when she needs some respite) stay in the main house. At the time of writing this I also believe that they are employing a full time care assistance that will also reside full time at the property." - 6.3 It is therefore clear from the comments made and form the planning history that there
is a clear and real need for the accommodation proposed. Accordingly, it is considered the principle for the ancillary building is acceptable. A condition can be attached which restricts its use to the main dwelling.
6.4 From a visual perspective the building is not especially apparent form public views, given the building is situation to the rear of the main dwelling, the topography of the land (runs downwards form road level) and existing mature landscape/sod banks along the surrounding highways in the area. Accordingly, the ancillary building would have no significant adverse impacts upon the countryside. - 6.5 In terms of impact upon neighbouring amenities (loss of light, overbearing & overlooking) it is noted the closest property is "Crossways" which is to the south east of the site. The proposed building given the sloping nature of the site, a detached garage is sited between the new building and neighbouring dwelling and existing landscaping between the properties, would all result in the not be wholly visible and not result in any significant impact upon amenities to warrant a refusal. - 6.6 In relation to the rear balcony, this is smaller than what was previously approved and importantly further away from the neighbouring property "Crossways". Given it position and distance in relation to neighbouring property and position of existing detached garage which would help screen potential views towards "Crossways"; it is considered the proposal would not have a significant impact to neighbouring amenities to warrant a refusal. From a visual impact the proposal would be in keeping with the existing property and the works being to the rear would not adversely impact the countryside or increase the impact of the building as viewed by the public. - 6.7 In relation to the heat pump, changes to window fenestration all raise no concerns to public or private amenities. The heat pump is located to the northern boundary which is away from any neighbouring property to ensure there are no issue of noise.
7.1 Accordingly, the proposal complies with the wording of HP16 and GP2, and also the resulting development would not harm the character and quality of the landscape complying with Environment Policy 1 of the Isle of Man Strategic Plan 2021. It is recommended that the application be approved. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : …Permitted……….... Committee Meeting Date:…01.11.2021
Signed :………C BALMER……….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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