DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00383/B Applicant: Mr Chris Collins Proposal: Erection of proposed garage in place of existing garage with store and home office above Site Address: Phoenix Cottage Ballacorey Road Bride Isle Of Man IM7 4AW Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 19.07.2023

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. The garage shall only be used in association with the main dwelling house 'Phoenix Cottage', Ballacorey Road, Bride, and for purposes incidental to the use of main dwelling house 'Phoenix Cottage' as a single dwelling, for no commercial purposes, tourist use or permanent dwelling and only in accordance with the internal layout as shown on the submitted Drawing No. PL 04, received 23 March 2023, and be retained as such thereafter.

Reason: To ensure proper control of the development and to reflect the information provided in the application, as the Department has assessed the impact of the proposal on the basis of the specific use as stated on the documents submitted. The dwelling is within an area not zoned for development and permission has been granted as an exception. The application does not propose to create separate unit of accommodation within the site and has not been considered as such.

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

Overall, it is concluded that the planning application accords with the provisions set out in Environment Policies 1 and 2, and General Policy 2 of the Isle of Man Strategic Plan 2016, as there would be no adverse impact on the character of the site and surrounding countryside, with the scheme having acceptable impact on highway safety and site ecology.

Plans/Drawings/Information; This decision relates to the documents and plans date stamped and received 23 March 2023. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the existing residential curtilage of Phoenix Cottage, Bride, an existing two storey property located on the southern side of the Ballacorey Road and just west of the junction with Grenaby Road. - 1.2 The property has a front elevation facing north towards the main road and a rear elevation facing south and over the agricultural fields at the rear. On the rear elevation is a single storey lean-to outlet, adjoining which and connecting to the rear elevation of the main house and infilling a small area is an existing pitched roof glazed conservatory. - 1.3 Situated northwest of the existing dwelling on site and further to the existing highway is an existing double garage with pitch roof which sits just south of a shed on site situated closer to the highway. A sodbank about 1.5m high marks the property frontage and separates the site from the adjoining highway, opening up at the access.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for the erection of proposed garage in place of existing garage with store and home office above. The existing garage which has a footprint measuring 6m x 6.2m would be demolished and replaced with a new triple garage that would have footprint measuring 11.4m x 7.2m. This building which would be 5.7m tall would accommodate three cars on the ground floor and serve a home office and store on the first floor. - 2.2 The roof of the garage would be finished in dark coloured slate roof tiles, while the external walls would be finished in smooth painted render, although the lower sections of the external wall would be clad in stone finish. Five Velux rooflights would be installed over the front plane, while a smaller roof light would be installed over the rear roof plane. All installed windows would be white UPVC units. An external metal staircase would provide access to the upper floor of the garage. - 2.3 The new garage would sit almost parallel to the neighbouring garage at Ballachrink Croft Cottage to the west approved under PA 20/00764/B. This garage would also have it height set almost at the same level with the adjacent garage, although it would rise about

• 1.7m above the ridge level of the existing garage on site which is 4m tall.
• 2.4 No tree or mature shrubs would be removed to facilitate the development and there would be no changes to the means of access to the site. There would be no changes to the site level.
• 3.0 PLANNING POLICY

3.1 The application site is located within an area not designated for development and within an area zoned as Area of High Landscape or Coastal Value and Scenic Significance (AHLV) on

the 1982 Development Plan Order. The site is not within a Conservation Area, Registered Tree area or flood risk zone, and there are no registered trees on site.

3.2 Given the location of the property in the countryside, there is a presumption against development here as set out in General Policy 3, and Environment policies 1 and 2. - 3.3 There is also no provision within General Policy 3 for the erection of domestic structures such as garages, sheds or such like, although some of these things can be built, subject to conditions, without planning approval under the provisions of the Town and Country Planning (Permitted Development) Order 2012. In this case, the proposed garage would exceed the size and height provided in the Order, which would mean that the garage could not be built without planning approval. - 3.4 Given the nature of the proposed development and as the site already has an established residential use, the general development considerations as set out in General Policy

• 2 of the Strategic Plan would be considered in the assessment of the application.

• 3.4.1 General Policy 2 states, in part: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;

• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways (m) takes account of community and personal safety and security in the design of buildings and the spaces around them."

3.5 Due to the nature of the current proposal on an existing property in the countryside, it is also considered reasonable to assess the application based on elements of the following policies that provide standards towards development on properties in the countryside:

3.5.1 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix

• 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

• 3.5.2 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape of Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce difference categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• (a) the development would not harm the character and quality of the landscape; or

• (b) the location for the development is essential."

• 3.5.3 Environment Policy 4 protects biodiversity (including protected species and designated sites).
• 3.5.4 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

• 3.5.4.1 Appendix A.7.6 sets out Parking Standard. Typical Residential 2 - spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling.

3.5.5 Other policies within the Strategic Plan which are considered relevant to the proposal are; Infrastructure Policy 5, and Community Policies 10 and 11.

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 IOM Biodiversity Strategy 2015 to 2025

• 4.1.1 The strategic aims (In part):

• o Managing biodiversity changes to minimise loss of species and habitats.
• o Maintaining, restoring and enhancing native biodiversity, where necessary.

• 4.1.2 Habitat loss actions "21. DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for."

- 5.0 PLANNING HISTORY

5.1 There are no previous planning applications for the site that are considered materially relevant in the assessment and determination of the current application.

5.2 Whilst not directly related to the site PA 20/00764/B for Erection of a detached dwelling with detached garage and agricultural shed at the adjacent property 'Ballachrink Croft', Ballacorey Road, Bride, situated west of the application site is considered relevant in the assessment and determination of the current application. The scheme involved the erection of a triple garage having a width of 11.4m, a depth of 6.7m and a ridge height of 4.9m, and positioned almost parallel to the proposed garage with rear elevation backing onto the rear elevation of the current garage. - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking (7 April 2023).

6.2 DEFA Fisheries have no objections to this development from a fisheries perspective (09 May 2023).

6.3 Bride Parish Commissioners have not made any comments on the application although they were consulted on 31 March 2023.

6.4 No comments have been received from neighbouring properties. - 7.0 ASSESSMENT

7.1 The main issues in the assessment of this application are:

• i. The principle of the proposed development (GP 3 & GP 2); and

• ii. Whether the proposed works would result in any adverse impact on the character and appearance of the application site and surrounding countryside (EP 1, EP 2 & GP 2).

7.2 There would be no impacts of the site ecology as no trees or mature landscaping on site would be removed to enable the development. Also, the proposal would not result in adverse impacts on highway safety as the position of the garage relative to the existing dwelling on site and site layout would not impede views out of the site and onto the highway. As well, the scheme would ensure that there is sufficient parking on site to meet the requirements of Transport Policy 7 for residential properties.

7.3 The Principle

• 7.3.1 In assessing the principle of the proposed development, it is considered that the site lies outside of a defined settlement boundary and within a part of the countryside that is not zoned for development, and the proposed development does not pass for the exemption provided under General Policy 3. However, it is important to note that the site has an established residential use in the countryside where it is not uncommon to require the erection of outbuildings where they support the existing residential use on site, without compromising the environmental objectives of Environment Policies 1 and 2. Additionally, whist there is no specific provision within the Strategic Plan for garages, there is an acceptance in the permitted Development Order that such structures can be acceptable.

• 7.3.2 Based on the foregoing, it is considered that the principle of erecting a replacement garage to support the existing residential use of the site is acceptable. The acceptability of the scheme as proposed would, however, be dependent on the proposal not having unacceptable visual and landscape impacts. As such, it would be vital to assess the visual impact of the proposed garage on the surrounding countryside which is within an Area of High Landscape of Coastal Value and Scenic Significance (AHLV's).

7.4 Visual and Landscape Impacts

7.4.1 With regard to the visual impacts, it is considered that the proposed garage would be in-keeping with the existing dwelling on site, given the pitch roof design, the roof finish in slate tiles, and rendering of the external walls, which would ensure that the new building blends in with the existing dwelling on site.

• 7.4.2 As well, the location of the building almost on the footprint of the existing garage (although having a larger footprint and scale) would also ensure that any impacts on the character of the site or the surrounding countryside would be diminished. Moreover, the scale of the garage building relative to the existing dwelling on site would ensure it remains a subordinate addition to the site area. Being located directly adjacent the large garage within the neighbouring property to the west would also serve to ensure it does not appear overly imposing on the surrounding area and countryside.
• 7.4.3 It is also important that the site sits within a group of dwellings where the garage would not be particularly prominent when viewed within the built up context of this part of the countryside. Therefore, the proposed scheme would not increase the impact of the building when viewed within the site context or character of the area. As such, the proposal is not judged to harm the character and quality of the surrounding landscape.
• 7.4.4 Given the above, it is considered that the scheme would comply with the requirements of Environment Policy 1 and Environment Policy 2, and General Policy 2 (b, c & f).

- 8.0 CONCLUSION

8.1 Overall, it is concluded that the planning application is in accordance with aforementioned policies of the Isle of Man strategic plan 2016, and would have no adverse impact on the visual amenities of the site or surrounding area, and therefore it is recommended for approval.

- 9.0 INTERESTED PERSON STATUS

9.1 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.

9.2 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

9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

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: 28.07.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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