DEC Officer Report

Application No.: 22/00061/B Applicant: Mr Brian McNabb Proposal: Erection of detached garage to the rear (Retrospective) replacing previous timber shed. Site Address: Ellan Vannin Main Road Ballaugh Isle Of Man IM7 5EF Planning Officer: Mrs Vanessa Porter Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 03.03.2022 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason. The proposal complies with Housing Policy 15, Transport Policy 7 and Environment Policy 10 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 18th January 2022:

• o Drawing No. 1
• o Drawing No. 2
• o Drawing No. 3 _______________________________________________________________

Interested Person Status

Additional Persons

Department for Infrastructure's Flood Risk Management Team should be afforded interested person status as they are a Government Department which has raised material planning considerations. _____________________________________________________________________________

Officer’s Report THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL

THE APPLICATION SITE

1.1 The application site is within the curtilage of Ellan Vannin which is an end terraced two storey traditional dwelling situated to the South East of Main Road, Ballaugh. To the East of the property is an access to the rear which services several properties. - 1.2 To the rear of the property is a paved driveway of which there is an access road to the neighbouring property and a parcel of land which is the subject of this application. Upon the parcel of land there is a single storey single garage. THE PROPOSAL

2.1 The current planning application seeks retrospective approval for the erection of a single storey single garage which measures 6m by 3.59m, with an overall height of 3.875m. The garage has a slate roof, rendered walls and uPVC windows to match the existing property. PLANNING HISTORY - 3.1 The previous applications are not relevant to the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "not for development" and an "Area of High Landscape or Coastal Value and Scenic Significance" on the 1982 Development Plan, North Map. The site is not within a Conservation Area but is within a Surface Water - High Likelihood Flood Risk Zone.

4.2 Given the nature of the application, the land designation and the traditional form of the property. Housing Policy 15 is the key policy and seeks that extensions of traditionally style properties must respect the proportion, form and appearance of the existing property. - 4.3 There are a number of other relevant policies specific to this application, Strategic Policy 5 which seeks that new development should make a positive contribution to the environment of the Island, General Policy 2 sets out general development control standards in connection with the Residential Design Guidance, General Policy 3 states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than a number of stated exceptions, which do not include the extension of existing dwellings, Environment Policy 1 seeks to prevent development which would adversely affect the side other than in exceptional circumstances, Transport Policy 7 in accordance with Appendix 7 which sets out parking standards and Environment Policy 10 which states that a Flood Risk Assessment is required for sites within a Flood Risk Zone. - 4.4 Furthermore consideration shall also be given to Community Policies 7 and 11 in respect of reducing outbreak of fire and preventing criminal activity and Infrastructure Policy 5 in respect of water conservation. - 4.5 Other material considerations for this application is the Residential Design Guidance (2021) which, although focused on dwellings within settlements, does offer advice in relation to the impact on neighbours and also Planning Policy Statement 3/91 which provides guidance on the design of residential development in the countryside.

REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 No representation has been received from Ballaugh Commissioners at the time of writing this report. - 5.3 DOI Flood Risk Management Division have considered the application and state, "FRA received and accepted." (22.02.22) ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - principle of development (GP3, EP1 and HP15);

• - detail of design (GP2, HP15)
• - impact on neighing amenity (GP2, g)
• - highway matters (GP2, TP7)
• - flood risk zone (EP10)
• - other matters (RDG, CP7, 11 & IP5)

- 6.2 PRINCIPLE

• 6.2.1 In the first instance the principle of the development needs to be addressed. Ellan Vannin is situated on a site which is not designated for development and is a site which lies in the countryside where development is restricted, in order to protect the countryside for its own sake. Whilst General Policy 3 allows for some exceptions within the countryside the proposed garage does not fit within any of these categories.
• 6.2.2 Whilst there is nothing within the Strategic Plan on new development in the form of detached garages, there have been detached garages approved, in some instances where the garage would not have an undue impact on the countryside or undermine the rural character of an area. Furthermore the Permitted Development Order allows (subject to conditions) the erection of a double garage (6m x 6m); therefore there is a general acceptance to the principle of a garage to properties within the countryside (i.e. land not designated).6.2.2 In the case of this application, the garage is situated to the rear of the property and hidden from a public vantage point due to its location.
• 6.2.3 Whilst the principle in general is acceptable, it is required to see whether a garage on this site would be acceptable.

- 6.3 DETAIL OF DESIGN

• 6.3.1 The garage is situated to the rear of the property, to the West of the site, as such whilst views will be awarded to the neighbouring properties who use the rear access, the actual garage will not be seen from the public vantage point of Main Road.
• 6.3.2 The garage itself has materials which match the existing which means it does not detract from the overall traditional feel of the main dwelling and due to its size and materials respects the existing dwelling in proportion, form and appearance.

- 6.4 NEIGHBOURING AMENITY

• 6.3.1 With regards to neighbouring amenity, whilst there is a window situated to the South East of the proposal, this is not facing any of the neighbouring properties and as such it is deemed that any impact of the garage to the neighbouring properties would be minimal.

6.4 HIGHWAY MATTERS

• 6.4.1 Due to the location of the property and the location of the garage it is necessary to assess whether there would be an impact on the available parking.

• 6.4.2 The location of the garage is within a parcel of land which is separated by access road for neighbouring properties. When looking at the neighbouring properties this is land which is used as garaging and parking. The garage itself is large enough for one car parking space, with there being a paved area next to the property which can be used as another car parking space, as such there are the required two parking spaces available within the site as per Transport Policy 7.

6.5 FLOOD RISK ZONE

• 6.5.1 Due to the proposal being within a flood risk zone it is necessary to assess whether there would be any issues arising.

• 6.5.2 The garage is situated to the rear of the site and separated by a hard standing area, with no living space being within it, adding in the fact that DOI Flood Risk Management have received a flood risk assessment and are happy with the information given, there would be a limited impact from the works.

- 6.6 OTHER MATTERS

• 6.6.1 The proposed works is a garage to an already existing dwelling, as such the proposal is not expected to create any changes or new issues in respect of criminal actively or spread of fire. The proposal is increasing the surface as the garage is larger than the previous shed, the applicant has stated within the application form that any water run-off will be dealt with as per the existing arrangement. The proposed garage will not increase water usage of the dwelling and therefore there are no new issues in this respect. CONCLUSION
• 7.1 The proposed extension is acceptable in terms of its form, mass and design by providing a suitable extension to an existing residential property and as such complies with Housing Policy 15, Transport Policy 7 and Environment Policy 10. INTERESTED PERSON STATUS
• 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department
• of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status

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: 28.03.2022

Signed : V PORTER 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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