Case Officer Report

Officer's Report

Application No.:	12/00296/B
Applicant:	Mr Ian J Morrow
Proposal:	Erection of a garden room extension with link
Site Address:	Riverside Barn King Edward Road Onchan Isle Of Man IM4 6AB
Case Officer:	Mr A Holmes
Photo Taken:
Site Visit:
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site comprises a parcel of land that is located at the junction of Bibaloe Beg Road and King Edward Road in Onchan. The application site is part residential curtilage of a detached dwelling and part adjoining land. The detached dwelling contained within the application site is a former garage/workshop/store building that was recently converted into a dwelling through previous planning applications 10/00337/B and 11/00030/B.

The Proposal

1. The proposal comprises the erection of a garden room extension with link onto the existing dwelling located within the application site.

Planning History

1. The application site has been the subject of a number of previous planning applications, three of which are considered specifically material to the assessment of this current planning application:

1. Planning application 01/00929/B sought planning approval for the erection of garage/workshop/store to replace existing garage on the application site. This previous planning application was approved on the 21st September 2001.

1. Planning application 10/00337/B sought planning approval for the conversion of existing workshop/barn to a dwelling. This previous planning application was approved on the 30th June 2010.

1. Planning application 11/00030/B sought planning approval conversion of existing workshop/barn to a dwelling (amendment to PA 10/00337/B) on the application site. This previous planning application was approved on the 22nd February 2011.

Planning Policy

1. In terms of local plan policy, the application site is located within an area designated as open space under both the Onchan Local Plan and the Laxey and Lonan Area Plan Order 2005.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application.

Housing Policy 11 states:

"Conversion of existing rural buildings into dwellings may be permitted, but only where:

• (a) redundancy for the original use can be established;
• (b) the building is substantially intact and structurally capable of renovation;

• (c) the building is of architectural, historic, or social interest;
• (d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building;
• (e) residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; and
• (f) the building is or can be provided with satisfactory services without unreasonable public expenditure.

Such conversion must:

• (a) where practicable and desirable, re-establish the original appearance of the building; and
• (b) use the same materials as those in the existing building.

Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form.

Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character."

Representations

1. Onchan District Commissioners recommend that the planning application be approved.
2. The Department of Infrastructure Highways Division do not oppose the planning application.
3. The Isle of Man Water and Sewerage Authority express an interest in the planning application.

Assessment

1. As stated earlier in this report the existing building was converted into a dwelling through previous planning applications 10/00337/B and 11/00030/B. At that time whilst the original garage/workshop/store building was acknowledged as not being the type of building normally envisaged as being covered by Housing Policy 11 it was concluded that it was of sufficient quality to merit setting aside parts of the policy and planning approval was duly granted. To that extent it is reasonable to say that some degree of flexibility over the relevant planning policy has been previously given to allow the conversion of the building. Furthermore, planning application 11/00030/B further expanded on that flexibility by allowing the addition of a dormer window onto the converted building, thus extended what was previously approved under planning application 10/00337/B.
2. What is now proposed is a further extension to the converted building. The extent of the extension comparative to the existing building is significant. Housing Policy 11 clearly states that further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character. This is clearly the case in this instance as the proposal would significantly increase the size and alter the character of the overall dwelling. It is considered reasonable to say that the granting of the two previous planning approvals as an exception to planning policy was generous. Allowing a further exception of the magnitude hereby proposed goes beyond what could be concluded to be reasonable. As such, the proposal is unacceptably contrary to the provisions of Housing Policy 11 and the consequential impact on rural amenity is unacceptable.

Recommendation

1. It is recommended that the planning application be refused.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

Onchan District Commissioners.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

Recommendation

Recommended Decision: Permitted Date of Recommendation: 16.04.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

R 1. The planning application proposes significant extension of a building previously converted into a dwelling as an exception to the provisions of Housing Policy 11 of the Isle of Man Strategic Plan 2007. In order to protect against the loss or reduction of original interest and character Housing Policy 11 states that further extension of converted rural buildings will not usually be permitted. As such, the proposed extension would be clearly contrary to the provisions of Housing Policy 11 and thereby harmful to rural character and amenity of the countryside.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made: Permitted ☑ Date: 17-4-12

Determining officer (delete as appropriate)

Signed: _________________________ Anthony Holmes Senior Planning Officer Signed: _________________________ Michael Gallagher Director of Planning and Building Control

Signed: S. S. M. O. U. T. Sarah Corlett Senior Planning Officer Signed: _________________________ Jennifer Chance Development Control Manager

Part 2 – Suggested Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This approval relates to drawing no.s (EX)01, (EX)05, (EX)10, (PE)15, (PE)16, (PL)05, (PL)10 rev. A, (PS)10, (PS)11 and (PS)12 date stamped the 28th February 2012.