Officer Report

Application No.: 15/01273/B Applicant: Mr Gavin Tyler-Roberts Proposal: Erection of extension to provide ancillary living accommodation (comprising amendments to PA 07/00658/B) plus installation of two windows and one roof light to existing dwelling Site Address: Upper Lhergydhoo Farm Staarvey Road Peel Isle of Man IM5 2AJ Case Officer : Mr Edmond Riley Photo Taken: 07.10.2015 Site Visit: 07.10.2015 Expected Decision Level: Planning Committee

Officer’s Report

THE APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE DUE TO THE NATURE OF THE SITE AND THE PLANNING HISTORY

1.0 THE SITE - 1.1 The application site is a parcel of land including the detached dwelling known as 'Upper Lhergydhoo' (once Upper Lhergydhoo Farm), located on Staarvey Road in German. The property is situated on the western side of the Staarvey Road, accessed by a sloped gravel driveway. The existing dwelling comprises the original farmhouse as well as attached converted barns, while an extension is currently under construction. The buildings together are arranged in an 'L' shape with the front elevation facing southwest.

2.0 PLANNING HISTORY - 2.1 The site has been the subject of an unusual planning history that has resulted in the grant of planning approval for two elements of ancillary accommodation:

• o PA 00/00968/B sought approval for the conversion of an existing barn to a granny flat; this has been implemented.
• o PA 07/00658/B sought approval for various alterations to the building cluster but with the main element being the replacement of two adjoining outbuildings with the extension as described above. Work has commenced in earnest on this though it would appear to have been stalled for some time prior to the current applicant purchasing the site. The works have not been undertaken wholly in line with the approved plans. It is perhaps worth noting the officer's report into the 2007 application, which read as follows:

"The site is screened from the road as a result of the topography and the distance of the main buildings from the road. The scale of the proposed development is also considered to be relatively modest as an addition to the existing property. The proposed annex would replace existing

• outbuildings, sitting on their footprint. The existing arrangement of buildings, which form an 'L' shape, would therefore be retained. In terms of the relationship of the proposed annex to the

existing property, the design is considered acceptable in that it continues the stepped roof profile and uses a window style found on the existing property. The proposed storm porch is also considered to be appropriate in terms of design and scale and its relationship to the existing elevation. It is not considered that there would be an adverse visual impact as a result of this development. Indeed the existing buildings to be replaced by the proposed annex are in a poor condition and are not used by the applicant as a result of this. It is considered that the annex would improve the visual amenity of the area.

"As outlined in the planning history for this site, planning application 00/00968/B sought permission for the conversion of an existing barn into a granny flat. This was permitted and the development has been completed. This current application seeks to develop an additional granny annex to replace the existing granny flat. A site visit was undertaken to ascertain the circumstances of this proposal. The applicant explained that the existing granny flat was no longer suitable for his elderly relatives as the bedrooms are on the first floor and that for reasons of health this was not a suitable situation. A letter was sent by the applicant giving justification for the development. The proposed granny annex would provide accommodation for these relatives more appropriate to their needs. The applicant stated that the existing granny flat would be used by his immediate family as additional living accommodation and for visiting family and friends.

"There is a presumption against development in the countryside with the exception of cases where an agricultural need is proven and such a need is accepted by the department. This property is not a working farm and the applicant is not employed as a farmer. Therefore no agricultural need is claimed by the applicant.

"Extensions to existing properties in the countryside can be acceptable, as set out by Planning Circular 1/88, point 9:

" 'Sympathetic treatment, alteration and redevelopment of dwellings in the countryside will generally be accepted as the gradual decay and dilapidation of such buildings would clearly be detrimental to the rural amenities. The Planning Committee will examine with particular care any proposal involving a significant increase in size and applications which create a detrimental visual impact, or which would lead to a loss of traditional character, will be discouraged.'…'

"This proposal is essentially an extension to the existing property to provide living space suitable for the specific needs of persons already living within it. There would be no additional traffic generated as a result of the development since no additional persons would be living within the site. As outlined above, it is considered that the proposal would be an improvement on the existing situation in terms of visual amenity.

"Concerns as to the future use of the existing and proposed annexes are an important consideration as they could be converted to form tourist accommodation. However this can be controlled by the imposition of a condition ensuring that they remain ancillary to the enjoyment of the property. A future planning application would be required to change this and would be determined on its own merits."

The application was, as noted, approved, and a significant start has been made. It carried five conditions, of which the final one is:

"The proposed granny annexe accommodation may be used only in association with Upper Lhergydhoo and for purposes ancillary to the use of Upper Lhergydhoo as a single dwelling house."

2.2 Also relevant is the undetermined 15/01274/B, which seeks approval for the change of use of land to residential curtilage. These two applications are both before the Planning Committee for their consideration today. - 3.0 THE PROPOSAL

3.1 Full planning approval is sought for the erection of an extension to provide ancillary living accommodation in a form that comprises amendments to that for which approval exists under the 2007 application; also proposed is the installation of two windows and one roof light to the existing body of the dwelling. The extension now proposed is 2m longer than that for which approval was granted, while one additional window is shown in the front (or southeastern) elevation and significantly more glazing shown to the rear (northwestern) elevation. Also shown on the northwestern elevation and southeastern elevations is a balcony area and access ramp respectively. - 3.2 The drawings submitted seem to indicate that the building is much higher than that for which approval exists, though in fact the reality is actually that they are set further down into the land - the ridgelines shown on the two sets of plans (i.e. the 2007 and the 2015 plans) are identical. It is likely that the original drawings did not take full account of the fall of the land, and those submitted now are therefore more accurate. The accommodation to be provided is identical in nature to that already with approval though its positioning is different. - 3.3 The building would be finished in a painted smooth render, with the roof finished in slate riles and with a pair of solar panels. - 3.4 Elsewhere, two windows are shown on the existing so-called 'granny flat', facing into the courtyard, while the single rooflight is on the roof pitch also facing this way. This rooflight could be installed under permitted development rights.

4.0 PLANNING STATUS - 4.1 The site is located in an area identified by the 1982 Development Plan Order as an 'Area of High Landscape or Coastal Value and Scenic Significance'. As such the land is not zoned for development, and in view of the fairly extensive development work already undertaken and the appearance of Upper Lhergydhoo at present, there are no policies that really support what is now proposed, with the most relevant being Housing Policies 15 and 16. The general development criteria as set out in General Policy 2 of the Strategic Plan are relevant, while the text of the two Housing Policies is set out below:

• o Housing Policy 15: "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)."
• o Housing Policy 16: "The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public."

5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure's Highway Services team offered no objection to the application on 26.11.2015.

6.0 ASSESSMENT - 6.1 This is an unusual situation. The existing dwelling, which was evidently once occupied by an active agricultural worker, is smaller in footprint than both the approved and under construction sets of accommodation that must be occupied ancillary to Upper Lherygdhoo itself. It should be remembered that a key role of the Planning System is to manage change as best as possible. The nature of the existing site reflects quite significant evolution from its original - and traditional - use

• and this must be borne in mind when considering new development proposals such as that now before the Department.
• 6.2 The approved extension could (if finished), in view of its size and range of facilities (kitchen, utility room, bathroom, lounge / dining room) be used independently from Upper Lhergydhoo, although this would technically breach the fifth condition attached to its original approval notice. However, equally, it might be difficult to resist an application seeking to remove that condition at some point in future since the site also benefits from a significant level of openness and sufficient parking. It is also to be noted that there is another element of 'ancillary' accommodation attached to the main dwelling, which is also of a size and in a situation that could potentially allow its occupation as an independent dwelling. The result of this is the potential for the site to be subdivided into three separate dwellings at some point in the future, albeit that any such outcome would require the submission of at least one planning application for consideration.
• 6.3 However, all of this is speculative - and in any case reflects an existing situation as much as what is proposed now. In this, it is very welcome that the site is in single ownership and moreover it is welcome that the current application clearly seeks the erection of an extension to provide ancillary accommodation.
• 6.4 In this sense, it is considered that the proposal is fairly unobjectionable relative to the existing approval on the site. The use proposed is identical to that for which approval exists. Whether or not a similar condition could be re-applied on this occasion would ordinarily require careful thought, but the application description is clear and so a condition requiring the accommodation be used only in association with Upper Lhergydhoo and for purposes ancillary to the use of Upper Lhergydhoo would again be appropriate in this occasion.
• 6.5 Turning to the detail, while it would be a stretch to conclude the building was a design improvement over the 2007 approval, it is also true that the form and massing of that now proposed is acceptable in and of itself relative to the existing buildings and courtyard they surround. The application site is at its most visible from a distance on public footpaths, and in many ways the completion of a site that has remained under construction for some time would be of benefit. The agent has clarified that the green colour shown on the drawings does not quite match that intended by the client, which is understood to be sage green. A condition requiring the submission of a sample of the finished render would be appropriate.

7.0 RECOMMENDATION - 7.1 It is recommended that the application be approved subject to the conditions discussed.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• o The Highways Division of the Department of Infrastructure; and
• o The local authority in whose district the land the subject of the application is situated.

Recommendation Recommended Decision: Permitted

Date of Recommendation: 21.12.2015

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The extension hereby approved may be used only in association with Upper Lhergydhoo and for purposes ancillary to the use of Upper Lhergydhoo as a single dwellinghouse.

Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.

• C 3. Prior to the occupation of the extension hereby approved, a sample of the painted render to be used on the extension shall be submitted to and approved in writing by the Department. Reason: In the interest of the character and appearance of the extension and site as a whole.

The development hereby approved relates to the following drawings and plans, date-stamped as having been received 20th November 2015: 01 Rev A, 03 Rev A, 21, 200 and 210.

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 : Approved Committee Meeting Date:…04.01.2016

Signed : E Riley 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

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