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Application No.: 16/00131/B Applicant: Mr Gary & Mrs Christine Wilson Proposal: Erection of a detached triple garage with storage above Site Address: Ballavilley Dhoor Ramsey Isle Of Man IM7 4ED Case Officer : Mr Chris Balmer Photo Taken: 24.05.2016 Site Visit: 24.05.2016 Expected Decision Level: Planning Committee
1.0 THE SITE - 1.1 The site represents the residential curtilage of Ballavilley, Dhoor, Ramsey which is a Manx traditional styled property, albeit built in recent times, which is located along the north-eastern side of the Andreas Road within the Dhoor. The site is accessed via lane which runs from the Andreas Road in a northerly direction and serves the application site and a number of other residential properties. The lane also joins the Bride Road to the east. - 1.2 The dwelling is set with large landscaped gardens within and around the boundaries of the site.
2.0 PROPOSAL - 2.1 The proposal seeks approval for the erection of a detached triple garage with storage above. The garage would be located along part of the eastern boundary of the site. The garage would have a length of 12 metres, a depth of 8 metres and a ridge height of 5.5 metres. The garaging would be accessed from the existing parking area which fronts the main dwelling house, where an existing single garage can also be found with accommodation above.
3.0 PLANNING STATUS - 3.1 The application site is within an area not designated for development under the Isle of Man Development Plan Order 1982. - 3.2 Due to the land use designation of the site, and the nature of the proposed development, the following Strategic Plan Policies are relevant in the consideration of the application:- - 3.3 Environment Policy 1 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.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." - 3.4 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
4.0 PLANNING HISTORY - 4.1 There have been a number of previous planning applications associated with the application site; however, only the following is considered relevant in the assessment and determination of this application: - 4.2 Certificate to make lawful the residential use of property in contravention of planning condition restricting occupancy to agricultural workers - 10/01090/LAW- APPROVED - 4.3 Alterations and erection of extensions to provide additional living accommodation 07/01313/B - APPROVED - 4.4 Conversion and erection of extensions to existing garage with hobbies room over to provide self-catering tourist accommodation - 05/01721/B -REFUSED for the following reason:
"R 1. The proposed development to create a self catering tourist unit in this location is tantamount to the creation of new residential dwelling in the countryside. The application site, which is within an area of private woodland, is not zoned for residential development and its residential development is therefore contrary to the Isle of Man Planning Scheme (Development Plan) Order 1982 and, in particular, the provisions of Planning Circular 1/88."
4.5 Erection of detached garage with hobbies room over - 03/00298/B - APPROVED - 4.6 Erection of three horse stables - 95/01464/B- APPROVED - 4.7 Erection of a shed to house oil tank, coal, and logs for domestic use - 95/01463/B APPROVED - 4.8 Extension to provide additional living accommodation & conservatory - 94/01408/B APPROVED - 4.9 Erection of dwelling - 90/01654/B - APPROVED - 4.10 Erection of agricultural building - 90/01250/B - APPROVED
5.0 REPRESENTATIONS - 5.1 Highway Services do not oppose (received on 16.02.2016). - 5.2 Lezayre Parish Commissioners do not oppose (received on 04.03.2016).
6.0 ASSESSMENT - 6.1 The key issues to be assessed in the determination of this application are; the principle of development, the impact of the proposed garage on the character and appearance of the surrounding area, and its effect on the living conditions of nearby properties. The principle of development - 6.2 In relation to the principle of the development the starting point is that the site lies in the countryside where development is restricted, in order to protect the countryside for its own sake. Whilst the policies in the Strategic Plan allows for some exceptions, the proposal does not fall within any of those categories. The Strategic Plan is silent on new development in the form of detached garages, however some garages have been approved, in some instances, where the garages would not have an undue impact on the countryside or undermine the rural character of an area. The impact of the proposed garage on the character and appearance of the surrounding area - 6.3 The building, from the Andreas Road would be well screened from public views given the landscaping located between the site and the highway, as well as existing built development within and surrounding the site. However, views would be obtained from the public highway, when travelling past the neighbouring property Bolivia Beg, which is to the east of the application site, between the proposal and the Dhoor lane. A concern is raised that given the size, its height and detached nature of the building, that the building appears as a substantial building. Where the proposed garage would be sited is current an area of landscaping. It is likely that the majority of this on the footprint and/or adjacent will be required to be removed and replaced with the proposed built development, which would change the character and appearance of the site when viewed from the nearby public highway. - 6.4 The applicant has advised that the need for the size of the building is given they have an interest in entomology and have an extensive collection of insects and the accommodation above the garage would house this collection which is presently spread out throughout the house. They also indicate that they won a Maserati all of which need to be kept under cover. They feel that a triple garage associated with a very large dwelling house is not unacceptable. - 6.5 It is noted the dwelling has benefited from a number of extensions to the property, including a hobbies room above the existing single storey garage. A further curved extension (shown on the approved plans as an orangery) was allowed, which linked the single garage/hobbies room to the main dwelling house is no longer being used for these approved purposes, but as part of two selfcontained tourist units. The Department is investigating whether planning permission is required for this use. Permission has been granted for a hobbies room and additional accommodation to be used in connection with the main dwelling house; however, the applicants are choosing not to use this, for example in connection with the applicants’ hobby as an entomologist. This therefore causes a concern of allowing a new garage block with a sizeable amount of accommodation above (46sqm), given permission has already been granted for such accommodation. As identified within Environment Policy 1 the countryside is protected for its own sake and therefore to continue to allow further development on sites should only be considered acceptable when there is a justified and proven need and there the development would not adversely affect the countryside. In this case, given the size, height (required to provide the accommodation above) and the need, it is considered the application fails Environment Policy 1. EFFECT ON THE LIVING CONDITIONS OF NEARBY PROPERTIES - 6.6 Visiting the site and the neighbouring property Bolivia Beg, there is substantial concern of the impact of the development upon the amenities of the neighbouring dwelling. It is noted the neighbouring property has a total of two conservatories (south and west elevations) which would face towards the proposed garage block as well as a kitchen and utility windows. The neighbouring property also has patios and external seating areas opposite where the garage would be located. Rather unhelpfully the site plan (1:1200) and location plan (1:2500) submitted with the application do not show the garage in the same position. Therefore it is difficult to give a precise location of the garage in relation to the neighbouring property. However, it is considered the garage would be
likely to be approximately 1.5 to 3 metres from the neighbouring boundary and 10 and 12 metres from the neighbouring property. It was noted visiting the site that the boundary shared by the two properties consisted of a 1.2 metre high timber fence and landscaping varying in height. The proposal would require the removal of large proportion of the landscaping and consequently the rear elevation of the garage block would become a prominent and dominating feature upon the outlook from the neighbouring property windows and from the adjacent garden/patio areas. Accordingly, it is considered the position, size & height of the garage and proximity of the garage to the neighbouring property would result in an overbearing impact upon the outlook of the occupant/s of Bolivia Beg.
7.0 RECOMMENDATION - 7.1 For these reasons the proposal is considered to be inappropriate in this location and fails to comply with Environment Policy 1 and General Policy 3 of the IOM Strategic Plan and the application is therefore recommended for refusal.
8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Refused
Date of Recommendation: 06.06.2016
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 : …Refused.. Committee Meeting Date:…20.06.2016
Signed :……………C BALMER…….. 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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