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Application No.: 20/00938/B Applicant: Mrs Carole Berry Proposal: Extension of residential curtilage and erection of a detached garage Site Address: Part Field 430890 & Edd Beg Kerrowkeil Road Grenaby Ballasalla Isle Of Man Planning Officer: Miss Lucy Kinrade Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 08.10.2020 _________________________________________________________________
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: To ensure the residential curtilage is suitably defined and that access to the adjacent field is maintained.
The application does not strictly comply with General Policy 3 or Environment Policy 1, however has been considered to have an acceptable visual impact and on exceptional basis is considered acceptable.
This application relates to drawing numbers CB-20-01 and supporting statement date stamped and received 17/08/2020 and drawing number CB-20-02 date stamped and received 25/08/2020. _______________________________________________________________
None _____________________________________________________________________________
Officer’s Report THE SITE
1.1 The site is the residential curtilage of an existing cottage which sits on the western side of the Kerrowkeil Road (B41) which links the Corlea Road (B39) to the Grenaby Road (B40) to the south. The curtilage forms a right angled triangular shape with its point facing northwards, the existing property sits towards the bottom edge with its side gable facing the road, and the boundary is mostly formed by a stone wall and sod banking and hedging northwards. - 1.2 Directly south of the house is an existing stone pillared vehicular access into the curtilage, and a further 10m south of this is another stone pillared gate providing access into the adjoining agricultural fields also under ownership of the applicant. - 1.3 In 2019, PA 19/00818/B sought approval for the erection of a new domestic garage north of the existing house and within the neighbouring field outside of the residential curtilage. This application was refused on the grounds that the proposal results in an unwarranted spread of development across the countryside contrary to Environment Policy 1 with insufficient evidence of need for its siting within the neighbouring field. - 1.4 The 2019 application was subject to an appeal, a hearing for which was held last month. In the hearing it became clear that there was a difference in opinion on the extent of the residential curtilage which had changed over recent years which was evidenced by the historic and current aerial images for the site. THE PROPOSAL
2.1 The current application now proposes the relocation of the garage closer to the main house and an extension to the residential curtilage to accommodate its development. - 2.2 The proposed garage is to be 5.5m x 5.5m and positioned south west of the existing house and nearest the southern boundary adjacent to the existing field access. The garage is to be 2.6m to under eaves and 5m to central ridge and its south facing roof slope is to be installed with solar panels. - 2.3 The garage is to sit within an area approx. 13m x 11m wide providing also a turning space into and out of the garage and additional off road parking, the extension to the curtilage will also include the existing field gate and track for access. - 2.4 A post and rail fence is to define the extension to the curtilage and a new field gate is to be installed allowing continued access into the fields.
3.1 Approval has recently been granted for an extension to the rear of the dwelling under 18/00478/B. Refused application PA 19/00818/B for the previous garage is still being considered at appeal. PLANNING POLICY - 4.1 The development of a domestic garage for a dwelling can be acceptable, in fact there are levels of development for a garage allowed under the Town and Country Planning (Permitted Development) Order 2012 so long as the proposed garage meets with all of the relevant conditions stipulated under Class 17 and that the garage is located within the curtilage of a dwellinghouse.
4.2 In the case of this application the proposal is for an extension to the curtilage to accommodate a garage which fits with the footprint allowed under the PDO. The site is designated on the Area Plan for the South (2013) as not being for any particular use or purpose. As such, there is a general presumption against development as set out in General Policy 3 and Environment Policy 1.
4.3 General Policy 3:
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:
"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 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."
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Malew Parish Commissioners - no objections 02/09/2020.
5.2 Highway Services - Do not Oppose (28/08/2020) - although would prefer an increase in the size of the garage to have 6 x 6m internal dimensions to better cater for a wider range and size of vehicles and storage of bicycles and other items. An electric vehicle charging point should be considered. ASSESSMENT - 6.1 There is limited scope within the existing curtilage to build a garage without impacting on existing trees, pipe work, septic tanks or without being located in close proximity to the main road where there would be greater visual impact. Since the refusal of 19/00818/B the applicant and agent have explored a number of different sites for the proposed garage both within and outside of the residential curtilage, and the current proposal is considered to have the least impact.
6.2 It is not normal practice to allow the extension of residential curtilages in the countryside, however the proposed extension in this specific case is not considered to be excessive. The majority of the curtilage is to incorporate the existing field track and given the proposed garage is to be set back from the edge of the road, prominent views will likely be limited although the garage will still be read in conjunction with the main house. The boundary is to be formed in post and rail fence which is typical across the countryside.
6.3 The openness and rural character of the countryside is not expected to be undermined as a result of the proposed curtilage extension or development of the garage
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 : Permitted Committee Meeting Date: 19.10.2020
Signed : S CORLETT 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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