Officer Report

Application No.: 16/00204/B Applicant: David Francis Lewthwaite Proposal: Replacement of existing first floor garage window with a door Site Address: Sunnyside Phildraw Road Ballasalla Isle Of Man IM9 3EG Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The site is the residential curtilage of an existing dwelling situated on the eastern side of Phildraw Road towards its southern end. The dwelling sits immediately alongside the road with a detached garage to the south east. This garage has approval for use as ancillary living accommodation on the first floor with garaged parking below. THE PROPOSAL - 2.1 The applicant is seeking permission to have an existing gable window in the garage replaced with a door with an external staircase, all resulting from advice from the Fire and Rescue Service in relation to homestay guests staying in the property. The staircase will be timber or metal and the door plastic to match the existing window. The door and stairs will be applied to the southern elevation.

2.2 To the south of the property is a large dwelling, Phildraw Mansion House and its associated large garden. The house sits some 50m to the south west and the boundary between the two dwellings is formed by a hedge on the applicant's side and substantial tree planting on the Phildraw Mansion House side. PLANNING POLICY - 3.1 The site lies within an area designated on the APS as Proposed Low Density Housing in Parkland. The existing property does not conform with this description of land use in that the dwelling is not substantial nor set within its own acre of landscaped grounds.

3.2 The first floor of the garage has permission to be used for accommodation ancillary to that in the main dwelling, granted under PA 99/00890/C. The condition of occupancy was that "The building may be used only as ancillary accommodation to Sunnyside ...and not as a separate unit of accommodation."

REPRESENTATIONS 4.1 Department of Infrastructure Highway Services indicate that they do not oppose the application (26.02.16).

4.2 Malew Parish Commissioners indicate that they do not oppose the application (04.03.16). ASSESSMENT - 5.1 The issue in this case is whether the introduction of a staircase and door would have any adverse impact on the appearance of the property and also whether there would be any adverse

• impact on the living conditions of those in the adjacent property, Phildraw Mansion House. It is also relevant that the applicant has indicated that they wish to use the accommodation as homestay that usually associated with TT and MGP race and practice periods and administered through Department of Economic Development Tourism. It is important that this approval does not imply any approval for use of the accommodation as tourist accommodation, for which no planning approval has been granted and which would represent a material change, having implications for parking and access, amongst other things.
• 5.2 The introduction of external stairs could have implications for overlooking of Phildraw Mansion House’s garden but, given the level of existing planting, all controlled by the latter, it is not considered that the proposed stairs will result in an unacceptable level of impact on the living conditions of those in this property.

5.3 Subject to clarification on the status of the use of the building, the application is recommended for approval.

PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant’s agent;
• (b) 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;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

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: Permitted Date of Recommendation: 21.03.2016 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.

This decision relates to drawings received on 22nd February 2016 and the elevations showing the external staircase received on 29th February, 2016.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 30.03.2016 Determining officer

Signed : J CHANCE Jennifer Chance Head of Development Management

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