Planning Officer Report

Case Officer: Mr Steve Stanley Photo Taken: 05.07.2012 Site Visit: 05.07.2012 Expected Decision Level: Planning Committee

Officer's Report

THIS APPLICATION IS RECOMMENDED TO BE CONSIDERED BY THE PLANNING COMMITTEE AS THE LOCAL AUTHORITY HAS RAISED CONCERNS WHICH AMOUNT TO AN OBJECTION AND THE APPLICATION IS RECOMMENDED FOR APPROVAL.

The Site

1. The application site relates to the detached single storey property Thie Gennal, Foxdale Road, St Johns, Patrick. The property is situated on the western side of the highway set back by approximately 8 metres.

The Proposal

1. This application seeks approval for the erection of an outbuilding to replace an existing outbuilding. The proposed outbuilding would provide an ancillary office/store and a separate W.C (shown as being accessed separately and not integral to the rest of the building). The building would be single storey and would be constructed over part of the footprint of the existing structure.

Planning Status

1. The application site is located within an area identified as being residential use by the St Johns Local Plan. Within the Isle of Man Strategic Plan, the following is considered relevant to the consideration of this application:

1. General Policy 2, which states:

"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;

Application No.:	12/00646/B
Applicant:	Mr & Mrs Martin Allan
Proposal:	Erection of a replacement outbuilding to provide ancillary office/store
Site Address:	Thie Gennal Foxdale Road St Johns Isle Of Man IM4 3AP

• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

Planning History

1. The following previous planning applications are considered relevant in the assessment and determination of this application:

97/01840/B sought approval for the erection of a pitched roof to replace flat roof of dwelling. This was permitted. 08/00363/B sought approval for window and door alterations. This was permitted. 09/01264/B sought approval for the erection of an extension to dwelling house. This was permitted.

Representations

1. Patrick Parish Commissioners have objected to this application. Their objection may be summarised as concerns that the design and scale of the proposed building is too large, that the building may not be used as proposed, that the height of the building would make it clearly visible to neighbours and that the building would be tantamount to a new dwelling in the countryside contrary to the Isle of Man Strategic Plan. The Commissioners have been given the opportunity to consider a response by the applicant to the concerns raised and have replied stating that they still have concerns about the scale and purpose of the development and believe that the application should be refused. They wish their remarks to be recorded as comment rather than objection however and will leave determination of the matter to the Department and the Committee.

1. The Highways Division of the Department of Infrastructure has not commented on this application.

1. The applicants have responded to the concerns raised by Patrick Parish Commissioners stating that the existing building is used as a W/C and an outhouse store. The building is in poor structural condition with cracks in the brickwork, damp, rotten roof timbers and an asbestos roof which has failed. The proposed building has been designed so as to have a similar layout as the existing building including the positions of doors and windows and the floor area would be approximately 3 sq.m larger than the current outbuilding. It is also pointed out that the new building would be set further away from the soil bank which separates the site from Thie-my-Chree. This will allow future maintenance and air to circulate. It is stated that the professions of the applicants result in large amounts of time working from home and a garden office represents a good solution to their needs. In terms of the size of the proposed building, it is stated that the design includes a 15 degree roof pitch which is not dissimilar to the existing of 10 to 11 degrees. The overall impact upon the neighbouring property would be minimal due to the height of the proposed building and the set back from the boundary. It is noted by the applicants that their neighbours are aware of the proposal

and have not objected. The applicants state that they wish to improve their property rather than leaving the current building in its current state of disrepair.

1. The Isle of Man Water and Sewerage Authority has expressed an interest in this application.

Assessment

1. The main issues to consider in the determination of this application are the impact of the proposed development upon the amenity of adjacent properties and the impact of the development upon the amenity of the surrounding area.

1. In terms of adjacent properties, the building would be close to the boundary with 1 and 2 Foxdale Road and Thie-my-Chree. However the existing building is already in a similar position, indeed it is constructed so as to adjoin the boundary. There are existing sheds on the land immediately adjoining this side of the site which serve the closest adjacent properties. It is judged that as the building would be single storey and would be slightly further from the boundary than the existing structure, there would be no unacceptable impacts upon the amenity of adjacent properties.

1. With regards to public amenity, the building would be set back within the site which would reduce its prominence as viewed from Foxdale Road. The building would appear as a subordinate structure to the main dwelling and would not be incongruous within its setting.

1. With regards to the concerns raised by Patrick Parish Commissioners, the land is designated for residential development by the St Johns Local Plan and as such, in planning terms the site is not within the countryside and the proposal would not be contrary to the Isle of Man Strategic Plan 2007 in this regard. It is judged that the building would not undermine the amenity of adjacent properties and subject to a condition of approval which would control the use of the building as proposed by the application, the development is judged to be acceptable. A suitable condition has been attached at the end of this report.

Recommendation

1. It is concluded that the proposed development would not result in any unacceptable impacts upon adjacent properties or the surrounding area in general. The use of the building can be controlled through the attachment of a condition. It is recommended that this application be approved.

Party Status

1. The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

1. The following party is not afforded Interested Party Status:

The Isle of Man Water and Sewerage Authority

1. The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 10.07.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

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

• : Notes attached to refusals

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

C 2. This approval relates to the erection of a replacement outbuilding to provide ancillary office/store, Thie Gennal, Foxdale Road, St Johns, Patrick as shown by Location Plan, 09/0603//1 (excluding Site Plan and Location Plan) and 09/0603/3 received 30th April 2012.

C 3. The building must be used only for domestic storage and as a home office as shown by Drawing 09 0603/3. The building must be used only in a manner that is ancillary to the existing dwelling and must not be used as habitable accommodation.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : PERMIT... Committee Meeting Date : 23 .7 . 2012

Signed : [Handwritten signature] Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☑ YES / ☐ NO