Officer Report 11/01268/B

Officer's Report

Application No. :	11/01268/B
Applicant :	Mr Pete Nuttall
Proposal :	Erection of a detached double garage with workshop
Site Address :	Faaie Wyllin Glen Road Ballaugh Isle Of Man IM7 5JD
Case Officer :	Miss Laura Davy
Photo Taken :	10.10.2011
Site Visit :	10.10.2011
Expected Decision Level :	Officer Delegation

Introduction

1. This application seeks permission for the erection of a detached double garage with workshop within the curtilage of a property in an area of woodland which is not zoned for development. The proposal is considered to be unacceptable and is not in accordance with the relevant policies of the Isle of Man Strategic Plan.

The Site

1. The application site is the curtilage of Faaie Wyllin, Glen Road, Ballaugh which is a detached property situated to the western side of Glen Road. The existing dwelling is a single storey bungalow sat in gardens.

1. The property is accessed by a driveway from Glen Road. The driveway is paved and there are gate pillars and metal gates at the entrance. There is another access with a wooden gate just to the south of the main entrance. This entrance provides access to the gardens and appears to be for pedestrian use only, at present this entrance does not appear to be used by vehicles.

1. There are a number of mature trees on the roadside boundary and on the other shared boundaries. There are also trees along the side of the driveway.

The Proposal

1. The application seeks approval for the erection of a detached double garage with workshop. The building would be approximately 71sqm and would be single storey finished in render to match the existing dwelling, the garage and workshop would be finished with a pitched roof.

1. There would be two single garage doors in the north elevation, two windows in the east elevation, two windows and a door in the west elevation and a single garage door and two windows in the south elevation.

1. The building would measure approximately 10.2m x 8.4m and would have a height of approximately 6.6m to the ridge level. The building would be sited approximately 18m to the south of the existing dwelling.

Planning History

1. Alterations and extensions were carried out on the property in 1991. The conversion of the garage to provide living accommodation was permitted in 2009. Also in 2009 an application for the erection of a detached garage with office, toilet and kitchenette above was refused.

1. This application was refused for the following reason:

R1. The application site is not zoned for development and is within an Area of High Landscape or Coastal Value and Scenic Significance. Therefore the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and the Isle of Man Development Plan, which seek to restrict such development within the countryside. Approval of the planning application which is tantamount to the creation of a new residential dwelling would set an undesirable precedent for further such inappropriate development in the countryside.

Development Plan Policies

1. The application site is in an area of "Woodland" and a wider area of "Area of High Landscape or Coastal Value and Scenic Significance" identified on the 1982 Development Plan. It is appropriate to consider General Policy 3, Environment Policy 1, Environment Policy 2 and Environment Policy 3 of the Isle of Man Strategic Plan (20th June 2007).

11. 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:

• (a) Essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
• (b) Conversion of redundant rural buildings which are of architectural, historic or social value and interest; (Housing Policy 11);
• (c) Previously developed land¹ which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
• (d) The replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
• (e) Location-dependant development in connection with the working of minerals or the provision of necessary services;
• (f) Building and engineering operations which are essential for the conduct of agriculture or forestry;
• (g) Development recognised to be of over-riding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
• (h) Buildings or works required for interpretation of the countryside, its wildlife or heritage.

¹ Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure. The definition includes defence buildings, but excludes:

• Land that is or has been occupied by agricultural or forestry buildings.
• Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures.
• Land in built-up areas such as parks, recreation grounds and allotments which, although it may feature paths, pavilions and other buildings, has not been previously developed.
• Land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time (to the extent that it can reasonable be considered as part of the natural surroundings).

There is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed.

12. 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.

1. Environment Policy 2

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:

• (a) The development would not harm the character and quality of the landscape; or
• (b) The location for the development is essential.

1. Environment Policy 3

Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural or semi-natural woodlands, which have public amenity or conservation value.

CONSULTATIONS

1. Highways Division do not oppose but advise that the applicant contact the Highways Division before commencing works.

1. Ballaugh Commissioners have made the following comments: The Commissioners have no objections thereto, but they do suggest that because of the large size of the proposed garage, a condition be added to any approval that the garage is not to be converted into living accommodation at any time in the future. Since receiving amended plans the Commissioners have made the same comments as previously.

1. The forester for the north of the Department of Environment, Food and Agriculture has commented on the application. In summary the followign comments have been made: The footprint of the proposed workshop/garage is as planned there should be minimal detrimental effect on the trees in close proximity. Should the trees immediately to the rear and closest to the proposed garage (of which there is 6), need removing I would not object as they are small and insignificant specimens with some evidence of decay.

1. The owner/occupier of Ballathoar Court, Glen Road, Ballaugh have objected. Their objection can be summarised as follows: The roof height of the proposed garage will be considerably in excess of the existing bungalow. There remains a clear possibility of this building eventually becoming subject of a change of use application, bearing in mind the unnecessarily steep roof angles. We contend that the roof of the proposed building will clearly overlook the front of our house, with negative implications regarding the value of our property.

ASSESSMENT

1. Whilst there is a presumption against development in the countryside there is the Permitted Development Order 2005 which does allow for some development within the curtilage of a dwelling house.

1. There is a section in the Permitted Development Order which allows for the erection of a private garage within the curtilage of a dwelling house. However the development must meet the requirements of the Order. The Order allows for a garage but it must not exceed 4m in height from ground level. The width and length of the garage must not exceed 6m.

1. The proposed garage/workshop is much larger than what would be allowed under the Permitted Development Order. This has resulted in the submission of the current application.

1. As mentioned in the previous application PA 09/00711/B there was some concern regarding the scale of the development proposed. The previous proposal would have been taller than the eaves and the ridgeline of the main dwelling by approximately .

1. The proposed garage/workshop is slightly taller than the previous proposal; this again would be taller than the existing dwelling. Such a development should be subordinate to the existing dwelling. Given the siting, size, massing and height the proposed garage/workshop is considered to be a large building which would be a dominant feature within the curtilage of the site.

1. The siting of the proposed garage would be quite a distance from the main dwelling and when travelling along the highway could appear as a separate residential unit.

1. Whilst there is no accommodation shown at first floor level, the building is designed as such that at a later date it would be very easy to carry out internal alterations and use the roof space. The building is of such a size and design that it would appear as a separate dwelling. The building would be self contained and would be sited approximately 18m south of the main dwelling. This is a considerable distance between the main dwelling and the garage/workshop.

1. Whilst a condition could be attached to the building restricting the use of the garage, this would be very difficult to enforce, and the fact remains that the building is a self-contained unit which looks and for all intents and purposes is, a new dwelling in an area which is not designated for development.

1. The plans show that the proposed garage would be reached via a new section of driveway which would be constructed off the existing driveway. Whilst the plans show that the garage would be accessed from the existing driveway it should be remembered that there is an existing access which is closer to the proposed garage which can be accessed from the highway.

1. In conclusion, the site is not zoned for development and is contrary to the relevant policies in the Isle of Man Strategic Plan. It is considered that the proposed development would be an intrusive feature within the countryside which would be visible from the public thoroughfare.

1. The extension of the existing dwelling to provide garage/workshop accommodation may be an acceptable alternative and could be designed to have less of an impact on the countryside. It should also be noted that the conversion of the existing garage to living accommodation was approved in 2009.

1. For the above reasons the application is considered to be unacceptable and is recommended for refusal.

Party Status

1. The local authority, Ballaugh Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

1. The Department of Environment, Food and Agriculture is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status.

1. The owner/occupier of Ballathoar Court, Glen Road, Ballaugh is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 31.01.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1.

The application site is not zoned for development and is within an Area of High Landscape Value or Coastal Value and Scenic Significance. Therefore the proposal is contrary to Environment Policy 1 and Environment Policy 2 of the Isle of Man Strategic Plan. Given the siting, size and design of the proposal it would be tantamount to the creation of a new residential dwelling in an area not zoned for development. It would result in an inappropriate development in the countryside contrary to the Isle of Man Strategic Plan and the Isle of Man Development Plan.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Refused Date: 31 January 2012

Determining officer (delete as appropriate)

Signed: ... Anthony Holmes Senior Planning Officer

Signed: ... Michael Gallagher Director of Planning and Building Control

Signed: ... Sarah Corlett Senior Planning Officer

Signed: ... Jennifer Chance Development Control Manager