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Application No.: 17/00191/B Applicant: Mr Steven Morgan Proposal: Removal of condition 3 of PA03/00694/B, requiring occupation to be in association with Clougher House Site Address: Clougher Cottage Clougher House Ballamodha Straight Ballamodha Ballasalla Isle Of Man Case Officer : Miss S E Corlett Photo Taken: 15.03.2017 Site Visit: 15.03.2017 Expected Decision Level: Officer Delegation
Officer’s Report THE SITE
1.1 The site is a roughly square piece of land situated at the end of a straight lane leading west from the A3 Ballamodha Straight to the curtilage of Clougher House, a large dwelling sitting in grounds of 0.6ha (1.4 acres). The application site accommodates a small stone cottage with detached single stone garage which all sit to the south of Clougher House. The cottage has a footprint of approximately 13.4m by 8m and is single storey, accommodating a sitting room, dining room/kitchen, two en-suite bedrooms and a cloakroom. - 1.2 The cottage was formed through the rebuilding of a former outbuilding, under 03/00694/B and was subject to the following conditions:
1.3 The works were complete and the owner occupied this during the rebuilding of Clougher House, which was commenced but for financial reasons, was never completed. The owner has tried to sell the site with the two properties tied to each other but has had no interest and believes that this is due to no-one wanting both properties.
1.4 Clougher Cottage is presently rented out and occupied as a self-contained dwelling. THE PROPOSAL - 2.1 Planning approval is being sought to remove the condition attaching the occupancy of the cottage to that of the main house. The applicant believes that the property is capable of being used as a separate dwelling as it has been occupied by him perfectly satisfactorily for some time with its own garden, access, parking and services. PLANNING POLICY - 3.1 The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as not for any particular purpose and where there is a presumption against development. The dwelling which is the subject of the application currently exists in lawful form and the issue here is whether the property is suitable in terms of its planning history and also its position relative to Clougher House, to be occupied separate therefrom. PLANNING HISTORY - 4.1 Planning permission has been granted for the redevelopment of the main dwelling under 07/00059/B and the creation of a wildlife pond under 07/00128/B. Previously permission has been granted for the refurbishment of the outbuilding and conversion to living accommodation,
4.2 The thinking behind the decision to approve the rebuilding of the building under 03/00694/B was that the existing building was not structurally capable of being renovated as previously approved and no query was made as to how this complied with the then Planning Circular 3/89 which is similar to Housing Policy 11. - 4.3 The earlier application, 02/01721/B to convert the outbuilding into a dwelling was also subject to the condition requiring occupation in association with Clougher House. No reference to why this condition was attached is included in the officer's report on both applications but the applications both made reference to the fact that the cottage accommodation was intended to be in addition to that available in the main house and there was no intention to sell it off.
REPRESENTATIONS
5.1 Highway Services initially objected regarding effectively the creation of a new dwelling and deficiencies in the access (23/03/17). However, they comment on 15.06.17: "I am now in receipt of additional information from the applicant's agent.
Based on the additional information I am satisfied with the passing places that already exist and therefore do not require special provision being made.
It is my understanding that the development under 2003 was considered based on the number of dwellings remaining the same and therefore in reality, this latest application does not relate to an increase in traffic.
As a result, it would be unreasonable to request improvements to sightlines at this junction as there is no material increase in its use.
I am also aware, there are material junction improvements conditioned as part of PA 13/91009/B which are on-going as part of the construction of a separate development, once these are in place, the benefits will be realised by all road users and assist in improving / maintaining highway safety.
The proposals are therefore considered acceptable.
There are no suggested conditions."
5.2 Malew Parish Commissioners indicate that they do not oppose the application (02.03.17). ASSESSMENT - 6.1 The original application for conversion of the outbuilding, 02/01721/B, may well have been considered acceptable as a separate dwelling, had the application been for that rather than for additional accommodation on the site as it may have complied with Planning Circular 3/89, the previous equivalent of Housing Policy 11. The departure from policy appears to have come with the application for the rebuilding of the structure, 03/00694/B for which there is no provision either in Planning Circular 3/89 or Housing Policy 11. In neither case does it appear that an assessment was made of whether that condition was necessary or whether the unit could be occupied on its own.
6.2 Whilst the applicant suggests that the fact that he has been living there for some time demonstrates that it can be occupied as a separate dwelling without dependence on the main house, this does not address the potential issue of the proximity of the two dwellings - 10.5m between them, the acceptability of which has not been tested as both properties have not been occupied separately at the same time, Clougher House not having been occupied for some time. As such, Clougher Cottage has arguably not been used in accordance with that condition since the main house was demolished and Clougher Cottage was occupied as the only dwelling on the site, roughly around nine or ten years. If the cottage had been occupied as the only dwelling on the site for ten years (which it may well have been) its use as a separate dwelling is now immune from the issue of an enforcement notice under the Town and Country Planning Act, Schedule 4 Part 1 Sections 3b and 3c.
6.3 Regardless of this, the cottage has no windows in the elevation facing the main house, there only being rooflights. There would therefore be no intrusion into the privacy of those within the cottage from those occupying the main house or using its grounds. The approved scheme for the house has a parking area immediately in front of the northern elevation of the cottage with a two storey house with bay windows, front door and two storey annex to the north beyond the parking area. The garden of the main house wraps around the western side of the cottage and its garden. - 6.4 Given the relationship of windows and walls, it is not considered that those in the cottage would be unduly affected by those living in the main house, nor vice versa and the occupants of both would be aware of the separate occupation before buying or renting the property rather than having it imposed upon them. - 6.5 For all the reasons given above the application is considered to be acceptable and is recommended for approval.
7.1 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: Permitted Date of Recommendation: 15.06.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions C 1. This approval relates to the removal of condition 3 of the approval issued in respect of
This decision relates to drawings A003, C201, C202, C203 and C204 all received on 17th February, 2017.
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 : 21.06.2017 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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