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THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the curtilage of a detached dwelling that is located adjacent to Church Road in Lonan. The proposed development comprises of the conversion and enlargement of guest accommodation to create family accommodation. PLANNING HISTORY
The application site, and dwelling contained within it, has been the subject of a number of previous planning applications that granted approval to alter and extend it, which has resulted in the current form of the dwelling.
The conversion of the outbuilding that is the subject of this planning application was granted through the approval of previous planning application 94/01276/B. This previous planning application sought approval for the construction of an extension and garage & the conversion of the outbuilding to living accommodation was initially considered and approved on the 10th February 1995, with the approval decision notice issued on the 1st March 1995. Condition no. 4 of the approval states that:
"The newly created accommodation must only be used as accommodation ancillary to the Old Vicarage."
REPRESENTATIONS
Lonan Parish Commissioners recommend that the planning application be approved. The Isle of Man Fire and Rescue Service recommend the installation of smoke detectors. The Manx Electricity Authority request that an informative note be attached to any approval decision notice. The Isle of Man Water Authority request that an informative note be attached to any approval decision notice.
The Society for the Preservation of the Manx Countryside and Environment objects to the planning application on the grounds that they consider the extension to the converted building to go beyond the provisions of Planning Circular 3/89 and too be excessive.
Under the Laxey and Lonan Area Plan Order 2005 the application site is located within a wider area of land that is designated as open space. Given that the application site is the curtilage of an existing dwelling it is considered reasonable to describe it as constituting a house in the countryside.
Policy L/RES/PR/1 of the Laxey and Lonan Area Plan Order 2005 sets out the policy in respect of residential development in the plan area and states:
"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to the altered and the surrounding area in general."
Planning Circular 3/89 sets out the general policy on the conversion of redundant buildings in the countryside, a copy of which has been placed on the file for this current planning application. As the building subject of this planning application is a converted outbuilding it is considered that the provisions of Planning Circular 3/89 are applicable to the assessment of the proposal. Paragraph 4 of the Planning Circular states:
"Extension of modest and appropriate scale may be permitted for the provision of essential facilities if shown to be impracticable within the existing building and a requirement of the Building Byelaws. Such an extension would have to be of design and materials to match the existing building. No subsequent extension would be permitted."
Planning Circular 1/88 sets out the general policy on residential development in the countryside, a copy of which has been placed on the file for this current planning application
The planning application seeks approval for the extension of an existing converted outbuilding to create accommodation for the applicant's son and daughter-in-law. The planning application states that they have been unable to find property to that is affordable or suitable elsewhere on the Island and is made on the basis that the resultant development would be only be as a family dwelling ancillary to the main house. The proposal approximately doubles the size of the existing building, adding two bedrooms and a lounge. Whilst the proposal was discussed with the applicant's agent prior to the submission of the planning application those discussions did not highlight the extent of the proposed extension of the building.
Firstly, it is considered that the level of extension proposed by the planning application is excessively large in comparison to the existing building. The additional habitable accommodation proposed by the planning application does not constitute the provision of essential facilities and actually represents the subsequent extension of the converted outbuilding beyond the scope of its original conversion. As such the proposal is contrary to the provisions of Planning Circular 3/89, which is considered to be grounds for refusal of the planning application.
Secondly, leading on from the above it is also considered that the extent of the proposal takes the resultant development beyond the scope of what could be reasonably classed as accommodation ancillary to that of the main house. Indeed, what is actually proposed is a dwelling for members of the applicant's family, something that is recognised by the planning application submission which clearly states that the intention of the proposal is to provide "a three bedroom house of a suitable size to allow a family to live there". The existing outbuilding contains habitable accommodation that would be suitable for the applicant's son and daughter-in-law and it could be reasonably argued that occupation by them would meet the attached condition. What is proposed differs from that and is effectively the creation of an additional dwelling that would be permanently occupied by the applicant's extended family. Regardless of the proximity of the outbuilding to the main house this is contrary to the general presumption against residential development in the countryside set out by Planning Circular 1/88 and reiterated by the Laxey and Lonan Area Plan Order 2005. This is also considered to be grounds for refusal of the planning application. As what is proposed will last
for several generations it is considered that the personal circumstances of the applicant and their family are not sufficient to set aside established planning policy.
Based on the above it is concluded that the development proposed by the planning application is unacceptable for two reasons. Firstly, the level of extension proposed is excessive and beyond the reasonable provisions of Planning Circular 3/89. Secondly, the proposal is beyond the scope of ancillary accommodation and is tantamount to the creation of a new dwelling in the countryside. Accordingly, it is recommended that the planning application be refused.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
Recommended Decision: Refused
Date of Recommendation: 16.01.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
By reason of the level of proposed extension and the nature of the additional habitable accommodation created by the proposal it is concluded that the planning application is contrary to the provisions of Planning Circular 3/89, Renovation of Buildings in the Countryside. Specifically, paragraph 4 of the Planning Circular highlights that only extensions required to provide essential facilities may be permitted and that subsequent extension will not be permitted.
R 2.
Notwithstanding the first reason for refusal, by reason of the extent of the proposed extension and the nature of the resultant development it is concluded that the proposal goes beyond the scope of what could be reasonably classed as ancillary accommodation to that of the main dwelling. As such the proposed development is deemed to represent the creation of a new dwelling in the countryside contrary to the provisions of Policy L/RES/PR/1 of the Laxey and Lonnan Area Plan Order 2005 and Planning Circular 1/88, Residential Development – Houses in the Countryside, which set out a presumption against residential development in the countryside.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Refused Date: 16.01.2007
Signed : M. I. McCauley Director of Planning and Building Control
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