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The application site comprises the curtilage of a detached dwelling that is located adjacent to Church Road in Lonan.
The proposed development comprises the erection of an extension onto an existing outbuilding within the application that is used as guest accommodation.
The application site, and dwelling contained within it, have been the subject of a number of previous planning applications which granted approval to alter and extend it, which has resulted in the current form of the dwelling.
The conversion of the outbuilding which 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 and 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."
Planning application 06/02081/B sought approval for the conversion and enlargement of the building that is the subject of the current planning application to create guest accommodation to create family dwelling. This previous planning application was considered and refused on the 18th January 2007, with the refusal decision notice issued on the 19th January 2007.
Lonan Parish Commissioners recommend that the planning application be approved but state their belief that the property has been so much extended that substantial additions would be inappropriate.
The Department of Transport Highways Division do not oppose the planning application subject to the imposition of conditions relating to car parking and visibility splay provision.
The Isle of Man Fire and Rescue Service recommend the installation of smoke detectors.
The Society for the Preservation of the Manx Countryside and Environment refer to their previous views on extension of the outbuilding and state that whilst the current proposal is smaller than the previous one they are still doubtful whether it conforms with Planning Circular 3/89.
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 additional habitable accommodation. This current planning application follows on from previously refused planning application 06/02081/B and states that the purpose of the proposed extension is to provide accommodation for the applicant in order that their son and daughter-in-law can occupy the main dwelling as a family home. The applicant's agent justifies the proposal development on the basis that the extension is a modest (50%) extension that allows the applicant's extended family all to occupy one single dwelling.
In terms of assessing the planning application it is necessary have regard to Planning Circular 3/89 and the purpose of the proposed development.
In the first respect, whilst the level of extension is reduced from that proposed by previous planning application 06/02081/B it remains that the proposed additional habitable accommodation 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 has to be considered to be grounds for refusal of the planning application.
In the second respect, as stated within the planning application the purpose of the proposed development is to create additional accommodation to allow the applicant to permanently live in the converted outbuilding in order that their extended family permanently occupies the main dwelling. Effectively what is proposed is the creation of a permanent additional dwelling within the application site in order to allow a home for the applicant's extended family to be created. It is considered that this intended purpose takes the resultant development beyond the scope of what could be reasonably classed as accommodation ancillary to that of the main dwelling and is tantamount to the creation of a new dwelling in the countryside, which would be 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:
Whilst it is recommended that the planning application be refused, should planning approval subsequently be granted at appeal the following conditions and note are suggested:
Note
Recommendation
Recommended Decision: Refused
Date of Recommendation: 10.05.2007
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 Lonan 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.
Decision Made : Refuse Committee Meeting Date : 31/5/07
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