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Application No.: 23/00905/B Applicant: Mr Tony & Mrs Elaine Milligan Proposal: Erection of a replacement shed Site Address: The Grange Station Road Ballaugh Isle Of Man IM7 5AH Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.12.2023
C : Conditions for approval N : Notes attached to conditions
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.
Reason: the application has been assessed on the basis of the building being finished in timber materials in the interest of visual amenity.
Reason: the submitted application is unclear in showing the exact position of the window or on which elevation so for the avoidance of doubt a condition added in the interest of amenity of Glebe House until such a time that those details are provided as part of a separate application and assessed accordingly.
Subject to conditions relating to external finishes, window placement and no excavation works the proposal is considered to have an acceptable visual and amenity impact and to have no increased harm on the registered tree in line with General Policy 2(b, c, g) and Environment policy 3 of the Isle of Man Strategic Plan 2016.
This approval relates to the following information all date stamped and received 01/08/2023: Site Plan Location Plan Registered Tree Plan Elevations and Floor Plan Photographs, and Planning Statement _______________________________________________________________
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Officer’s Report THE APPLICATION SITE
1.1 The application site relates to garden area of The Grange, Station Road Ballaugh. - 1.2 The existing strip of land runs between the Old rectory and The Glebe House. - 1.3 There is an existing 3.1m x 3.1m shed on the site sitting along another outbuilding and between the boundary with Glebe House. - 1.4 The shed and outbuilding back onto Ballcrosha Road along which are a number of registered trees. THE PROPOSAL
2.1 Proposed is the replacement of the existing 3.1m x 3.1m timber shed with a new 2.2m wide x 4.2m long shed structure on a similar footprint and sitting 1.3m from the rear boundary and 1m from the boundary with Glebe House. - 2.2 The proposed structure is to have a pitched roof with eaves measuring 2m and ridge
4.1 The site lies within an area zoned as proposed Residential on the 1982 Development Plan, North Map. Given the nature of the proposal and the site location the most relevant policy in the assessment of the application would be General Policy 2 which contains the general standards towards acceptable development in respect of visual amenity and neighbouring amenity impacts as well as character of the locality (GP2 b, c, g). Whilst not designated as woodland, minded of the registered tree along the rear boundary also relevant would be Environment Policy 3 which seeks to protect unacceptable loss or damage to woodland areas and protection of trees.
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 No comments received from Ballaugh Parish Commissioners as of 27/10/2023
5.2 Department of Infrastructure Highway Services - No highways interest (11/08/2023)
5.3 DEFA Arboricultural Officer - do not oppose subject to condition (23/11/2023) - As the proposed replacement shed is to be installed on existing hardstanding it is unlikely that there will be any damage to the registered tree and I have no objections to the proposal as a result. In order to be certain of the result they asked whether a condition could be added to ensure no excavation or change of ground levels can take place during the implementation. - 5.4 The owners of The Glebe House - objections (22/08/2023) - their objections include a number of pictures from the site and layout maps. They are concerned for their loss of amenity as a result of the proposal due to its siting in close proximity, the level of use and the window facing towards their dwelling resulting in loss of privacy and increasing overlooking. They feel that using the same site has not taken into consideration that moving the proposal elsewhere within the applicant's garden and out of the direct eye line of their primary ground floor lounge window would remove the detrimental effect on their property. They also feel the proposed cladding material to be out of keeping with other development in the village area. They raise issues in increasing the boundary fence having overshadowing and loss of light and raise concern for nesting birds. They would like to see the shed move closer to the garden nearer the applicant's house and the existing shed area returned to garden.
ASSESSMENT 6.1 It is not unreasonable to have a shed within the ground of an existing residential curtilage and the Permitted Development allows for these subject to conditions including cumulative size and positioning which this proposal would exceed by being sited closer to a road than the main house, however in terms of principle it would not be uncommon to see these types of shed structures in gardens and minded that this is to replace an already existing shed it would not be so unacceptable in terms of principle, however the key considerations in this instance are the potential visual impact as a result of the change to the shed from both public and private view, the amenity impact on the nearest neighbours and whether there would be any adverse impact on the registered trees.
Visual Impact
6.2 The overall structure is not to dissimilar from the existing shed and not so out of keeping with the surrounding buildings to be of any significant adverse harm beyond the existing arrangement. The site is located amongst an existing area of built development within Ballaugh and would not appear an isolated or visually unacceptable structure in this case. A condition as to the external finished will be added in this respect. Amenity Impact
6.3 Aforementioned, the building will not be so far removed from the existing shed to result in any significant adverse harm on the neighbours particularly minded of the existing situation
and the distances between them. They have raised concerns in respect of overlooking and privacy impact, whilst there is an existing window on the current shed, there is potential that the new shed window could sit marginally closer to the neighbour, however it is unclear from the submission which elevation the window is to be proposed. Minded of this and in avoiding any window sitting closer to the neighbour with potential for increased privacy or overlooking beyond the existing arrangement a condition requiring the window to be on the elevation not facing the neighbours and thus on the elevation towards the summerhouse would not be unreasonable and would help to minimise any overlooking impact beyond the existing window in the existing shed.
Trees
6.4 Whilst no information has been forthcoming from the applicants in clarifying the distance from the registered tree, formal comments have been received from Forestry confirming that so long as the proposed shed remains on the existing foundations of the existing shed and no excavation or change of levels is proposed they would be content with the application. Supporting information for the application states "the old shed is sited on a large concrete area so there would definitely be no excavation needed, meaning there will be no adverse impact on the Elm Tree (see RTO209) to the rear of the original shed, and its roots would not be harmed in any way". On this basis the proposal being on an existing base the works are considered to have an acceptable impact. A condition will be added in this respect.
7.1 Subject to conditions relating to external finishes, window placement and no excavation works the proposal is considered to have an acceptable visual and amenity impact and to have no increased harm on the registered tree. - 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:
8.2 The decision maker must determine:
8.3 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: 04.12.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner
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