ADDITIONAL INFORMATION TO SUPPORT 21/01161/A AT THE BUNGALOW, BALLAMANAUGH ROAD, SULBY, LEZAYRE
1.0 Introduction
1.1 The above application was submitted on 1st October, 2021. Our application form describes the development as: “approval in principle for the erection of a detached dwelling (to replace former dwelling - “Gaythorne”) addressing means of access”.
1.2 The application was initially described and advertised as “approval in principle for the erection of a replacement dwelling addressing means of access”. We sought redress of this on 4th November and the description was then changed to "erection of dwelling (to replace former dwelling, Gaythorne) addressing means of access". The application form was not amended and it was not intended to change the application from one in principle to a full, detailed application.
1.3 On 23rd February, 2022 we were advised by e-mail that there were matters which needed to be resolved before the application could be progressed and also with an indication that the application was at that point not likely to be considered positively. Some of the matters which were raised have now been resolved through identification information already within the application but there are three matters which remain to be resolved:
1. Provision of an accurate description of the proposed development which includes all matters which need to be determined
2. Provision of a means of securing all the development which needs to be controlled as part of the development and
3. Clarification of the status of the land at the rear of the existing dwelling and regularisation of this if required.
2.0 Description of the development
2.1 The development involves the following work:
Details of the closing up of an existing access (as shown on drawings 01, 02, 03 and 04) Details of the creation of a new access with visibility splays and a short section of entrance drive (as shown in drawings 01, 02, 03 and 04) The principle of the erection of a new dwelling with the subdivision of the existing site into two separate residential curtilages (as shown illustratively - ie how it could be subdivided and where a dwelling could be erected - on drawings 01 and 02) The principle of the demolition of part of The Bungalow (as shown in blue on drawing 02 and the photographs). These are the parts of The Bungalow which are to be demolished but this is only sought in principle at this time as there are no details of the making good of the remaining walling once these elements have been removed)
2.2 We would therefore request that the description of the proposed development is changed to be “approval in principle for the erection of a new dwelling (to replace the former dwelling, Gaythorne), closing up of existing access, creation of new access and demolition of part of The Bungalow, addressing details of the means of access”.
2.3 We understand the concerns about the inclusion of reference to the former dwelling on the site, as this dwelling is not currently on the site, however, the owners feel very strongly that this is an integral part of their reason for pursuing this form of development and feel it is appropriate to include
it in the description as it is not factually incorrect nor misleads anyone reading it, in fact, in our view, it would provide a more accurate description of what is proposed and why, than omitting reference to the former dwelling.
2.4 If it is deemed that the application cannot proceed with this included in the description then we would reluctant accept a publication of a description which omits it.
3.0 Provision of a means of securing all of the development which needs to be controlled as part of the development
3.1 If the above description of the development or something very similar is accepted then we believe that the suggested condition (paragraph 6.10 of the Planning Statement submitted) could satisfactorily control and deliver the elements required to make this development acceptable - that is, that the parts of The Bungalow which are to be removed, as shown in drawings 01 and 02 and the submitted photographs, must be demolished prior to the occupation of the new dwelling. We also believe that it would be acceptable for a condition to be attached to require that the new house achieves a certain level of thermal efficiency, as has been required in other cases (for example, condition 2 of 19/01039/B, condition 3 of 19/00875/B).
4.0 Clarification of the status of the residential curtilage 4.1 The current owners have lived in the property since October 2007 and have not changed the layout or use of the land at the rear which in 2018 looked like this compared with in 2012:
IOM Digital Survey imagery 2018 IOM Digital Survey imagery 2012
4.2 Unfortunately the current Google aerial imagery appears to date back to 2010-2012 so we have not been able to obtain more up to date aerial images than that of 2018 above although the photograph left, taken in 2021 clearly shows the shed which is visible on the above photograph together with managed bushes and lawns.
An aerial site location map showing a rural property with a house, trees, and surrounding agricultural fields.Aerial view of a rural property showing a house labeled 'The Bungalow' surrounded by green fields and trees.A photograph showing a grassy garden area with a wooden structure on the left, surrounded by trees and hedges.
4.3 The owners have images taken from slides dating from 1965-68 which show how the rear area was laid out and used including the same shed as in the image above:
4.4 The area is managed, lawned and planted and has domestic sheds and is not used for agricultural purposes. There is no physical gate or means of preventing access from the front area to the rear and the only separation is a planted hedge which runs part part way along the rear of the existing dwelling.
4.5 We believe that this land has been used for a period of time which would prevent the Department from issuing an enforcement notice upon it (in such a case we believe the Department would have to had sufficient information to be confident that there had been a breach of planning control and we do not have such information).
4.6 We would, as such, be grateful if this information could be taken into account when this application is determined such that the proposed use of this area at the rear for residential purposes (whether or not the application for a new dwelling is approved) is not considered to be in itself a reason for refusal.
Sarah Corlett, 21.03.2022
A photograph showing a grassy garden area with a pinkish building on the left, a larger house in the background, and a shed on the right, set against a rural backdrop.A photograph of a rural site showing a grassy field, a small red shed, and an existing building to the right.A photograph showing a rural view through bare bushes, featuring a small wooden structure like a greenhouse in a grassy area with fields and distant buildings in the background.A photograph taken through a window frame showing a green tiled roof in the foreground and a rural landscape with fields and trees in the distance.
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