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Applicant: Mr Julian Wood Proposal Erection of detached garage / workshop with associated driveway and new vehicular access Site Address Ballakinnag House Shore Road Ballaugh Isle Of Man IM7 5AZ Case Officer : Mrs Vanessa Porter Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 11.09.2020
C : Conditions for approval N : Notes attached to conditions
Reason: the dwelling is within a single residential plot within an area not designated for development and has only been considered acceptable for the reasons identified within the application. The application does not propose to create separate units within the site and has not been considered as such.
Reason: The building has been exceptionally approved solely to meet a personal need and its subsequent retention would result in an unwarranted intrusion in the countryside.
All soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out in full accordance with the programme approved in writing by the Department and retained thereafter. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.
Reason: To ensure the provision of an appropriate landscape setting to the development. Note: All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to:
The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins. Thorough checks for birds, their active nests and eggs should be undertaken prior to clearance of vegetation. If a nest is discovered while work is being undertaken, all work must stop and advice sought from the Ecosystem Policy Team, DEFA.
This application has been recommended for approval for the following reason. Whilst the workshop/barn does not fit within General Policy 3, garages are a common feature within residential curtilages. The workshop/garage is larger than a 'normal' garage but on balance it is considered there will be a minimal impact on the overall area due to structure being an agricultural barn which may not look out of place within the overall area
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 23rd June 2020:
This approval also relates to drawing No. 05 Rev A which was received on the 20th August 2020 which shows the height of the neighbouring boundary with "Sunsets."
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not 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 6(4):
Honourable Mr Baker, MHK is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
The Owner/Occupier of Ballakeil House is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
The Isle of Man Motor Museum is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
The Owner/Occupier of Thie My Chree is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
Honourable Mr Cannan, MHK is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
________________________________________________________________ Officer’s Report THE APPLICATION SITE
1.1 The application site is within the residential curtilage of Ballakinnag House and Ballatiki, Shore Road. Both properties are currently within the same ownership. Both properties are situated to the northern end of Shore Road, which is a dead end road leading to Ballaugh Beach. - 1.2 Ballakinnag House is two stories property with dormers and rooms within the roof space and an attached garage and granny annex which has a large side and rear garden. Parking for Ballakinnag House is situated to the front of the existing garage. - 1.3 Ballatiki is a bungalow which is situated to the north west of Ballakinnag House and previously had the rear garden where the proposed garage is to be situated as their rear garden. To the west of the front of the property is a driveway which leads to the front and side of the property, of which to the eastern end of the property are several outhouses. THE PROPOSAL
2.1 The current planning application seeks approval to create a new driveway entrance between "Ballatiki" and "Ballakinnag Cottage" which would lead to a workshop/garage situated to the north of "Ballakinnag Cottage." The workshop/garage would measure 13.8m by 8.6m with a height of 4.7m. The workshop/garage is designed to look like a large agricultural barn/workshop with the lower sides being clad in reclaimed timber fencing boards and the upper part of the sides and the roof being insulated corrugated cladding and roof panels. - 2.2 The proposed workshop/garage would have space for six cars and will have a car lift to aid in doing remedial works on the owners cars. - 2.3 The covering statement given states that the proposed workshop/garage is to be for the storage and fixing of the owners cars only. PLANNING HISTORY
3.1 The previous planning applications are not considered to be specifically material in the assessment of the current application. PLANNING POLICY - 4.1 The site lies within an area zoned as not for development on the Isle of Man Development Order 1982, North Map. The property is also within an area of High Landscape Value and Scenic Significance.
4.2 Given the nature of the application it is appropriate to consider General Policy 3, Environment Policy 1 & 2 and Transport Policy 4 & 7 of the Isle of Man Strategic Plan 2016. - 4.3 General Policy 3 of the Isle of Man Strategic Plan 2016 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
4.4 Environment Policy 1 from the Isle of Man Strategic Plan 2016 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.36 or which is not designated for future development on the Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding 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." - 4.5 Environment Policy 2 from the Isle of Man Strategic Plan 2016 states: "The present system of landscape classification of Areas of High Landscape or 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 different 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:
4.6 Transport Policy 4 of the Isle of Man Strategic Plan 2016 states: The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.
4.7 Transport Policy 7 of the Isle of Man Strategic Plan 2016 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7-".
REPRESENTATIONS
5.1 Highway Services have considered the application and do not oppose the application stating, "The proposal raises no significant highway safety or efficiency issues, allowing Highway Services to raise no opposition subject to conditions for access, visibility splays, the access lane and hardstanding for parking to accord with drawings No's 03 and 04. Consideration should be given to another condition to retain the garage. An advisory for a s109(a) Highway Agreement to apply too (13.07.19).
5.2 Ballaugh Parish Commissioners have considered the proposal and have no objection but state, "The Board would like to see an environmental survey carried out to ensure that there is no detrimental impact on the wildlife inhabiting the area-" (17.07.20). - 5.3 The Ecosystem Policy Officer has written in to note that there is potential for nesting birds within the hedge and vegetation which would be removed to facilitate access to the site and to place the garage as such they are wanting to place an advisory note on the application. (31.07.20) - 5.4 Honourable Mr Baker, MHK has written in as support for his constituent, once on the 16.08.20 and secondly on the 2.09.20. - 5.5 The Owner/Occupier of Ballakeil House, Smeale have written in to support the application stating that the garage being close to the property would be beneficial to the cars- (17.08.20). - 5.6 The Isle of Man Motor Museum have written in to support the application stating that the garage would assist the applicant in storing his classic car collection on the Island which would assist in making them available for events- (19.08.20). - 5.7 The Owner/Occupier of Thie My Chree have written in to support the application stating that the garage would assist the applicant to store his collection safely under one roof and would assist the wider community in enjoying them-". - 5.8 Honourable Mr Cannan, MHK has written in as support for his constituent on the 2.09.20.
6.1 The fundamental issues with this application are a) the principle of the proposed garage, b) whether there is a visual impact from the proposed garage/workshop that would affect the character and appearance of the existing dwelling or the countryside with regards to the area being an Area of High Landscape Value and Scenic Significance and c) whether there is an impact on the residential amenities, specifically "Ballatiki" and "Sunsets
6.2 In the first instance the principle of the development needs to be addressed. "Ballakinnag House" is situated on a site which is not allocated for development on the 1982 Development Plan and as such is a site which lies within the countryside where development is restricted, in order to protect the countryside for its own sake.
6.3 Whilst there is nothing specific within the Strategic Plan which would allow for detached garages, a number of such proposals have been approved within the countryside where a garage would respect the site and surrounding area in terms of siting, layout, scale, form and design. There have also been specific applications previously approved for large storage units
6.13 When looking at the proposed workshop/garage and an impact on the residential amenity the two main properties which would be affected are "Sunsets" and "Ballatiki." - 6.14 Firstly with regards to "Sunsets" the workshop/garage is situated to the north of their garden which is currently being used as an allotment with a greenhouse. The workshop/garage will increase the overall area of overshadowing in this area due to the current boundary wall measuring just over a metre high and the overall workshop/garage having a height of 4.7m. Whilst this could potentially be an issue within the supporting information the agent on behalf of the applicant has given "Sunsets" have written in to offer their support for the application. - 6.15 With regards to "Ballatiki" this is currently within the ownership of the applicant, it is necessary to note that this might not always be the case and as such it is necessary to assess the impact that the proposed workshop/garage might have. "Ballatiki" itself will be around 11 metres away from the proposed works of which no information has been supplied on how the applicants propose to mitigate the overall impact of the workshop/barn on "Ballatiki" especially with how close the workshop/barn is to the property. This is especially important due to the overall height and size of the overall structure which is around the height of a bungalow itself. - 6.16 To help assist with the mitigation details could be required prior to commencement of how the applicants propose to mitigate the impact from the rear of "Ballatiki" in the way of hard and soft landscaping. OTHER MATTERS - 6.17 Other factors which are necessary to look and is currently within the mainstream at the moment is sustainability, which is a key principle of the Isle of Man Strategic Plan 2016. The provision of on-site garaging for the applicants cars could potentially reduce the amount of comings and goings in terms of to and from the other sites in which the applicants car are stores and especially from the sites in which the cars are stored within the UK. - 6.18 It is also relevant to note that whilst the applicant has stated within their supporting information that the workshop/garage would not be used by anyone other than themselves, due to the where the proposed workshop/barn is there is the possibility that it could be separated from both "Ballatiki" and "Ballakinnag Cottage." Firstly the barn is separate from "Ballakinnag House" by a separate driveway and the walled rear garden. The proposed workshop/garage is separate from "Ballatiki" again because of the separate driveway and where the workshop/barn is situated. - 6.19 Because of the above the workshop/barn lends itself to feeling separate from both and as such a unit by itself which given its size, design and siting detached from the main dwellings would appear as a separate industrial unit, and given the proposed floor space outlined, would increase the risk of and pressure for a future severance of the site. - 6.20 To help mitigate this, conditions should be attached to state that the property can only be used by the current applicants and that in the event that it is no longer required the garage is removed.
7.1 Whilst the workshop/barn does not fit within General Policy 3, garages are a common feature within residential curtilages. The workshop/garage is larger than a 'normal' garage but on balance it is considered there will be a minimal impact on the overall area due to structure being an agricultural barn which may not look out of place within the overall area. Several conditions are proposed to help mitigate any possible impact the workshop/garage could have on the neighbouring properties and with the possibility of severance from the main dwelling.
7.2 For the above reasons, on balance, the proposal is considered acceptable.
8.2 The decision maker must determine:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : …Pending Decision……….... Committee Meeting Date:…21.09.2020
Signed :………V WILSON…….. 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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
PLANNING COMMITTEE DECISION 21.09.2020 Application No. : 20/00648/B Applicant : Mr Julian Wood Proposal : Erection of detached garage / workshop with associated driveway and new vehicular access Site Address : Ballakinnag House Shore Road Ballaugh Isle Of Man IM7 5AZ Planning Officer : Mrs Vanessa Porter Presenting Officer As above (correct manually if not the case officer) Addendum to the Officer’s Report Four year condition was added as condition 1, and an alteration to the recommended condition
C1. 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 5. Prior to being brought into use, the proposed workshop/garage upper external finish shall be finished in dark green and retained as such thereafter.
Reason: In the interests of the visual amenities of the area.
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