DEC Officer Report

Application No.: 23/00092/B Applicant: Ms Ann Boughton Leigh Proposal: The erection of a detached garage to replace the attached garage, which is in the process of being converted to living accommodation under planning approval 22/00620/B Site Address: Hampton Croft Clannagh Road Santon Isle Of Man IM4 2HP Planning Officer: Mr Toby Cowell Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 27.03.2023

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.

• C 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.

This application has been recommended for approval for the following reason.

The proposed building is considered to be acceptable in principle in this countryside location and of an appropriate form, mass and design without detriment to the character of the wider locality, in compliance with Spatial Policy 5, General Policies 2 and 3 and Environment Policy 1 of the Strategic Plan (2016).

Plans/Drawings/Information;

This decision relates to the following plans and drawings; site location plan, proposed block plan, proposed garage elevations, and proposed garage floor plan, all received on 06.02.23. _______________________________________________________________

Interested Person Status – Additional Persons

None. _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site comprises the detached dormer bungalow and associated curtilage of Hampton Croft, a sizable plot located at the end of a private access drive extending southwestward off Clannagh Road. The majority of the garden area to the side and rear of the property is laid to lawn, with a collection of semi-mature trees bounding the site's northern boundary, with matured hedgerow further bounding the entirety of the site. A small area of dense woodland further adjoins the site to the south-west, with agricultural fields bounding the site on all other sides.

2.0 THE PROPOSAL - 2.1 Planning permission is sought for the erection of a single bay detached garage within the curtilage of Hampton Croft. The building would comprise a conventional dual-pitched roof, incorporating an eaves height of 2.28m and ridge height of 4m, with external dimensions of 6m x 5.5m. The building would include a mezzanine to allow for additional storage within the roofspace, with a total of 4 no. rooflights also noted. The garage would be finished in green metal cladding for the walls and roof, with green painted timber for the garage doors and adjacent front pedestrian door.

- 3.0 PLANNING HISTORY

3.1 22/00620/B - Conversion of attached garage into living space with first floor extension above with 2 dormer windows to the front and rear and installation of replacement door and windows to garage door. Erection of replacement front porch and installation of a French door to the rear elevation - Permitted - 3.2 21/01244/B - Erection of front porch extension and installation of french doors to rear elevation of existing dwelling and erection of attached annex extension - Withdrawn - 3.3 98/01266/B - Conversion of attic including dormer windows and rooflights - Permitted

- 4.0 PLANNING POLICY

4.1 The application site falls within land not zoned for development in the Area Plan for the East. The site is not within a Conservation Area or within a Flood Risk Zone. - 4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;

Strategic Policy

• 2 Priority for new development to identified towns and villages
• 3 To respect the character of our towns and villages 5 Design and visual impact

Spatial Policy 5 New development will be located within defined settlement. Development in the countryside will only be permitted in accordance with General Policy 3

General Policy

• 2 General Development Considerations
• 3 Exceptions to development in the countryside

Environment Policy 1 Protection of the countryside

Transport Policy

• 4 Highways safety

- 5.0 REPRESENTATIONS

5.1 Santon Parish Commissioners - no comments received at the time of writing. - 5.2 Highways Services - development would have no significant negative impact upon highway safety, network functionality and /or parking. Highways Development Control has assumed that the garage is an oversized single. It is less than the recommended internal dimensions for a double of 6 x 6m (17.02.23) - 5.3 Ecosystem Policy Team - no objection to this application as the trees to be removed are mostly small and non-native. Additionally there are 2 Griselinia to be removed which is a nonnative invasive plant species listed on Schedule 8 of the Wildlife Act 1990. However, we believe that the applicant should give consideration to undertaking replacement native broadleaved planting somewhere else on the property, because the trees to be removed are nonetheless still providing habitat for a variety of wildlife, which will be permanently lost. We also advise that thorough checks for nesting birds must be undertaken prior to tree felling if the work is to be undertaken in nesting bird season (March - August inclusive). If nesting birds are present then felling must be delayed until breeding has finished and the young have fledged (14.03.23)

[Officer note - the agent has subsequently clarified that the submitted arboricultural information from Manx Roots relates to a previously withdrawn application for an annexe and is not relevant for this particular application. The agent has confirmed that the majority of identified trees along the site's northern boundary will not be removed, aside from a couple of small conifers and a holly bush. The submitted information from Manx Roots therefore does not form part of the application]

5.4 Forestry Officer - no comments received at the time of writing.

- 6.0 ASSESSMENT

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

• - Principle of development (SP5, GP3, EP1)
• - Design and visual impact (STP5, GP2)
• - Impact upon neighbouring amenity (GP2, g)
• - Highway safety and parking (TP4)

- 6.2 PRINCIPLE

• 6.2.1 The site falls outside of a defined settlement boundary within the open countryside, is not designated for residential development within the Development Plan and does not technically accord within one of the defined exception criteria outlined in General Policy 3.
• 6.2.2 Housing Policies 15 and 16 make provision for the extension to dwellinghouses within the countryside, however no provision is made within the Strategic Plan for the erection of ancillary buildings within the curtilage of established and lawful dwellings. Notwithstanding this however, the general approach of the Department is to support the erection of proportionate ancillary structures, provided they are of an appropriate design, scale and siting, would not result in an adverse impact upon the wider landscape setting, safeguard residential amenity

• and be clearly ancillary and subordinate in nature and use. It is further noteworthy that the erection of garages within the curtilage of a dwellinghouse may be permissible under permitted development, in accordance Schedule 1, Class 17 of the Town and Country Planning (Permitted Development) Order 2012, which is a material planning consideration.
• 6.2.3 In this instance, whilst the development proposed would comply with the dimensional requirements of Class 17 to constitute permitted development, in this instance would not qualify as such due to being side forward of an elevation of the dwelling which fronts a highway. It is noted from the site's recent planning history that the requirement of the garage stems from previous grant of permission to convert the original integral garage into living accommodation, thereby resulting in additional built development within the site.
• 6.2.4 Notwithstanding this however, the proposed building is of a moderate scale and footprint, and could in any case likely be constructed elsewhere within the site under permitted development provided it were not sited further forward of any elevation of the dwelling fronting the highway. Indeed, it is further noteworthy that a garage of a greater scale (eaves height of 2.9m) and marginally greater dimensions (6m x 6m) could be constructed under permitted development. On this basis, and noting that the grant of permission provides the ability to remove permitted development rights in relation to the erection of any further structures within the curtilage of the dwellinghouse; the principle of development is considered to be acceptable.

- 6.3 DESIGN AND VISUAL IMPACT

• 6.3.1 The design and scale of the proposed building is considered to be modest and in proportion to the host dwelling and wider plot, whilst clearly to be used for a purpose ancillary to the principal property. The resultant structure would be largely shielded from view from outside of the application site due to the presence of mature trees and hedgerows surrounding the plot on all sides, and in any case be of a modest scale so as not to appear unduly prominent within the context of wider landscape views. The external palette of materials is also considered to be acceptable and appropriate in the site's context. The development is therefore deemed to be compliant with General Policy 2 (b) and (c).

6.4 NEIGHBOURING AMENITY

• 6.4.1 The application site is fairly well isolated and not within any reasonable proximity to other residential properties (the closest being Ballacorris Croft, circa. 240m to the north-west). Consequently, the proposed garage would have no material impact upon neighbouring amenity.

6.5 HIGHWAY SAFETY AND PARKING

• 6.5.1 No objections have been raised by Highways Services over the proposals, which would not interfere with the site's existing access and driveway. Whilst comments in relation to internal dimensions are noted, the dwelling already benefits from sufficient on-site parking provision and therefore it would not be necessary for the garage to provide 2 spaces.

- 7.0 CONCLUSION

7.1 The proposed building is considered to be acceptable in principle in this countryside location and of an appropriate form, mass and design without detriment to the character of the wider locality, in compliance with Spatial Policy 5, General Policies 2 and 3 and Environment Policy 1 of the Strategic Plan (2016). The application is therefore recommended for approval. - 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:

• (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

This decision relates to the following plans and drawings; site location plan, proposed block plan, proposed garage elevations, and proposed garage floor plan, all received on 06.02.23.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 30.03.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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