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| Decidend | |
| August |
14081515 00943
Received Amended PLANNING AND CONTROL DIVISION Town and Country Planning Act 1999 Date and Officer Initials
On behalf of: Mr Declan Jackson
In respect of: 134 Fairways Drive, Mount Murray, Braddan
Date: August 2015
Reference: MA/DJ/001-2/R001
1.0 Executive Summary...1 2.0 Site Location and Planning History ...2 3.0 Current Position...3 4.0 Analysis and Conclusions...4
1.1 This statement is submitted on behalf of Mr Jackson in support of an application for planning approval for the erection of a garage and studio accommodation above, in respect of land at 134 Fairways Drive, Braddan, Mount Murray. The subject site is identified by the location plan.
1.2 The applicant confirms that the garage and studio have been completed in accord with the "existing" drawings submitted with application ref 04/00169/B.
1.3 Whilst it is noted that the construction of this garage was completed in a form inconsistent with the planning approval, it is important to note that its physical from is established in the streetscape (having been completed in 2002) and the external elevational treatment and its roof pitch are completely consistent with the vernacular.
1.4 This application seeks confirmation from the local planning authority that it is lawful for the constructed garage to be retained and used as a garage with residential studio above. It is our judgment that no planning harm arises from its retention and that there would be no sound basis to reach a different conclusion now.
2.1 This application seeks planning approval for the erection of a garage and studio accommodation above, in respect of land at 134 Fairways Drive, Braddan, Mount Murray.
2.2 The redline area excludes the land occupied by the family dwelling at 134 Fairways Drive which is also in the ownership of the applicant and shown in blue. The subject site is identified by the location plan.
2.3 Further to the submission of application 01/01928/B, this permission was issued on 25th February 2002, and secured consent for the new dwelling and garage at Plot 134. The dwelling was constructed in accord with the submitted details, whilst the applicant accepts that the garage was not completed in strict accord with the submitted details.
2.4 The applicant confirms that the visual appearance of the garage (in terms of the elevational approach and use of materials) is consistent with both the approval and the related dwelling, but that the massing of such is not in strict accord.
2.5 In May 2004, planning permission 04/00169/B was granted for the “erection of a dwelling with detached garage and studio over”.
2.6 This was a retrospective consent which was made in relation to a regularisation of concerns in terms of the as-built garage which would have required it to be substantially rebuilt. Conditions 2 and 3 are relevant in this regard. This application showed the garage as now as “existing” consistent with it being built in December 2002.
3.1 Mr Jackson constructed the garage and studio above, as ancillary accommodation for 134 Fairways Drive. The structure was completed in December 2002.
3.2 Since that point, dialogue and planning activity was had from late 2002 through to 2006 in respect of the garage unit. This centred on points in relation to the dimensions of the garage as compared to the approved plans- it is clear from this exchange that the Council had taken the view that the as built garage was not in accord with approved plans. For the record, it is accepted by the applicant that this is correct.
3.3 We would however confirm that in terms of streetscape that the garage structure is consistent with the vernacular both by way of material choice, elevational approach and roof pitch. It will also be known by the planning authority that there are a number of similar examples in the Mount Murray area.
3.4 The unit has been continuously occupied and used as a garage with studio accommodation above since December 2002. It is also worth noting that it has been the applicant who has been principally in contact with the Council as to agree the most effective route by which to regularise the planning position for his property.
4.1 The structure has been in ongoing use as a garage with studio over, since it was completed in December 2002. The applicant accepts that the constructed garage is not in accord with approved plans. This is a regrettable breach of planning control relating to planning permission 01/01928/B and then in relation to 04/00169/B. In terms of the principle of use, the concept of garage with studio accommodation on this site has been established in planning and in reality since 2002.
4.2 However, whilst there could be a theoretical recourse to require the owner to complete in accord with those earlier approvals we do not believe that that would represent a pragmatic and realistic assessment of what would be required to make development acceptable in planning terms.
4.3 Given that the use of the structure is highly established in the streetscape and provides commonality of architectural approach, we do not see that it would be appropriate to reach any adverse conclusion in terms of design. The structure is in constant use (both as garage and with studio accommodation above) and as such there can be no prospect of any intensification of use subsequent to the planning approval being had. We would also confirm that it is our understanding that there have been no neighbour objections in respect of the structure or its use, and therefore it would be unreasonable to argue that there would be any effects on residential amenity that could reach any reasonable threshold which would warrant an adverse conclusion on this application.
4.4 In summary, the applicant simply seeks to regularise an unfortunate oversight through which the structure was built out modestly inconsistent with its approval. No planning harm arises (as can be evidenced by 13 years of use without neighbour concerns) and as such we would urge the Council to approve this application without delay.
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