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Application No.: 19/00560/B Applicant: Mr William & Mrs Jean Teare Proposal: Alterations and erection of second storey extension to garage to provide residential and tourism accommodation Site Address: Garage Store Creg-Dy-Shee Lhargan Port St. Mary Isle Of Man IM9 5AR Principal Planner: Miss S E Corlett Photo Taken: 27.06.2019 Site Visit: 27.06.2019 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 31.07.2019 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The size, position and design of the proposed building, created through the extension of the existing garage, would have an inappropriate impact on the character and appearance of the streetscene which is generally characterised by modest, traditional dwellings built alongside the highway, or more modern properties set back and higher than the road. The development would therefore be contrary to General Policy 2b and 2c. This impact is considered to be all the more important as the site lies within a proposed Conservation Area where development would be expected to preserve or enhance the character or appearance of the area. - R 2. The proposed building by virtue of its height, orientation and position of windows, would result in an overbearing impact on the front of Thie ny Lhaggan and would result in an adverse impact on the privacy of those in the front of Thie ny Lhaggan and at the rear on the lower part of the rear garden where a direct view would be available from the windows and conservatory proposed on the rear of the application building. The development would therefore be contrary to GP2g. _______________________________________________________________
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Thie ny Lhaggan as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). _____________________________________________________________________________
Officer’s Report THE SITE
1.1 The site defined in red accommodates a garage with living accommodation above, with four parking spaces in front and beside, all associated with the semi-detached dwelling which sits to the north and which is defined in blue. The definition would imply that the area in red is to be a self contained curtilage and that the area edged blue is not to be associated with the area edged red. - 1.2 The existing building on the site is a relatively modern looking structure accommodating a garage served by two garage doors on the ground floor with windows in the northern gable and a pedestrian door in the rear elevation at first floor level. The roof is asymmetrically pitched with a longer plane facing the road and a shorter plane at the rear revealing a first floor of accommodation sitting above the natural ground level at this point. - 1.3 The roof of the garage is finished in thin slate-like tiles and the walls in render. - 1.4 The garage sits 6.2m from the main road. The garage would appear to have been built as it currently appears in the 1970s. The ground floor garage area is 6.3m wide by 6m long. The accommodation above is 4.8m by 7.7m with a usable width over 1.5m in internal height estimated to be around 4.2m (No clear sectional plans as existing have been provided). The application form describes the accommodation above the garage as "un-used accommodation" and in the supporting information describe it as used for storage. - 1.5 A copper beech tree sits between the garage and the road. This tree has been trimmed in the past so that the majority of its current branch spread is towards the garage rather than out over the road. - 1.6 Thie ny Lhaggan sits immediately to the south around 3m from the southern gable of the existing garage which is orientated so that the front of the garage is closer to the boundary with Thie ny Lhaggan than the rear. Thie ny Lhaggan has a small front garden which is completely screened from the road by existing hedging atop an existing stone wall and there is a small shed, lawn and flower beds: the rear garden is steeply sloping with a steep set of steps which lead up to the level of the roof of Creg dy Shee and where there is a level area with seats and paving. Thie ny Lhaggan has angled bay windows on the ground floor and plain flat windows above. THE PROPOSAL
2.1 Proposed is the upward extension of the building to provide two floors of accommodation above the existing garaging which is to be retained as such. A second floor extension at the rear to provide a sun room is proposed. The proposed accommodation will be two bedrooms with a toilet and bathroom on the first floor and a kitchen/dining room and lounge with the sun room on the second floor. - 2.2 The extension would raise the front eaves level by 4m and the rear eaves level by 1.7m with the ridge rising by around 1.5m with a taller section closest to the main house which is a further 0.6m higher. - 2.3 The front elevation will appear as a rendered area with asymmetric arrangement of windows (the two dormers sitting closer together than the two first floor windows below, all windows being vertically proportioned, with a differently finished pitched roof section alongside. The main building will be finished in "self coloured acrylic ploymer (presumably polymer) render" with a reference to the colour of the render being "cream" with the vertical section to the right finished in timber boarding vertically applied, later referred to in the supporting information as "black cladding". The roof will be finished in slate or reconstituted slate and windows will be framed in uPVC with no indication of how they will open although the
3.1 The site lies within an area designated on the Area Plan for the South as Predominantly Residential use. The site also lies within a proposed Conservation Area as defined in the Area Plan and whilst a CA has been suggested for the village for some time, it has not yet been
progressed or adopted, it is still a material consideration, although of more limited weight than if the CA were adopted. There is a presumption in favour of residential development as set out in GP2 as well as for the provision of tourist accommodation in such areas (BP13). Transport Policy 7 requires that adequate car parking is provided as part of any development and Appendix 7 of the Plan requires there to be two spaces for each residential property.
3.2 General Policy 2 provides standards with which new development should accord including the following:
3.3 The Department introduced guidance on new residential development in March 2019 and this provides clarification on how the impact of new residential development will be assessed, both in terms of what it would look like and the effect it could have on the residents of nearby existing property. - 3.4 Residential Design Guidance refers to Strategic Policy 5 and states that it is important that the design of new residential developments, including their scale (including height), form, layout/orientation, and detailed design (including the materials used) is informed by and respects both the nature of the development site and the character of the neighbouring buildings and surrounding area, referring to the style and appearance of buildings in the vicinity and their history and evolution. It refers to the need for development to make best use of land whilst still providing adequate amenity levels for occupants. - 3.5 In terms of impact on neighbouring property, the Guide distinguishes between the different types of rooms Primary Habitable Rooms - Living Rooms, Dining Rooms, Kitchens which includes dining facilities and Conservatory; Secondary Habitable Rooms - Bedrooms and kitchens and Non-Habitable Rooms - these include bathrooms, utility rooms, hallways/corridors, stairs/landings, garages, porches and storage and whether the windows affected are primary or secondary windows. - 3.6 The Guide also suggests that the positioning, design and scale of an extension/new build dwelling should not be dominant or have an adverse impact on the primary windows of a primary habitable room or on the private garden that may be present in a neighbouring property. Nothing is given as to how such an impact would be measurable as opposed to the impacts on light (25 degree rule measured vertically on elevations) and outlook (45 degree rule measured horizontally on plans from existing primary windows). - 3.7 Environment Policy 35 requires development to preserve or enhance the character or appearance of a Conservation Area.
4.1 There are no relevant previous applications for this or adjacent property.
5.2 Port St. Mary Commissioners seek a deferral of a decision until after their meeting of 26th June, 2019. Nothing has been received since then to date. - 5.3 The owners of Thie ny Lhaggan object to the application, stating that the proposal would be contrary to the character of the proposed Conservation Area, suggesting that the two new properties to the rear of the old police station should not be used as a precedent as they are out of keeping with the properties round about them with their modern materials, significant amounts of hard standings and no gardens. The western side of Lhargan is relatively unspoiled with a number of properties having had their original features restored. The proximity of the building, closer to the highway than the neighbouring properties, combined with the modern materials and with no opportunity for landscaping would result in an unacceptable visual impact on the area and could constitute a precedent for similar building on this side of the road. They also consider that the development would have an overbearing impact on This ny Lhaggan which is only 3m away and this is considerably closer than UK guidance of 8-17m (UK Local Authority SPG). They consider that the building would be very prominent when viewed from the outside of the house and the front garden and would have an adverse impact on the sense of perceived space. They consider that due to the angled orientation of the building, there would be overlooking of their currently secluded front garden, particularly by the proposed Juliet balcony. They comment on on-street parking which is generally lacking and suggest that it is often difficult to find a parking space close to one's home. This will be exacerbated by the redevelopment of the Bay View Hotel (17/00976/B) Whilst they note that there is space for the parking of 4 vehicles on site, the garage spaces are already used by the residents and their configuration would make it difficult for them to be used on a regular basis which could lead to increased parking on street. Finally, they consider that the development would fail to comply with GP2b, c and g (20.06.19). - 5.4 The Arboricultural Office of the Department advised on 24th June, 2019 that the purple beech has outgrown its current location and due to the exposure the tree is now encroaching onto the current building. In his view pruning would not completely solve problems of encroachment, light or apprehension of damage for the occupants of the building. They would have no objection to the removal of the tree if the owner were to seek a licence. Any replanting would be confined to a smaller sized tree due to the raised planting pits and limited soil volume.
6.1 The potential issues here are the impact on the streetscene, bearing in mind that the site lies within a proposed Conservation Area and that on the living conditions of those in adjacent dwellings, including particularly the main dwelling, Creg dy Shee and Thie ny Lhaggan to the south. It is also relevant to consider the proposal as a separate dwelling/unit of tourist accommodation, as the red line defines this site as a complete unit. Even if it did not, the unit would not be dependent upon the main house, Creg dy Shee for any amenities and would be large enough and with its own parking, to be occupied as a separate unit of accommodation. The property could be provided with sufficient car parking to satisfy the SP requirements and there would be no change to the vehicular access to the property. Impact on the streetscene
6.2 The streetscene on the Lhargan is mixed with old, modest properties which are built very close to the highway, and larger, newer dwellings which are set further back from and generally higher than the road. The new dwellings behind the Bay View Hotel are slightly different in that they are built on the flat. The existing garage is an exception to this, being modern and on the flat and close to but not abutting the highway. This, and its dormer roof and garage doors make it stand out in the streetscene to the extent that it could be considered to be unsympathetic as it currently appears. What is proposed attempts to make the building
7.1 Whilst the existing building is not considered to contribute positively to the streetscene which is a potential Conservation Area, what is proposed would significantly increase the mass of the building in a style which is not considered appropriate for this site and in a manner which would adversely affect the living conditions of those in Thie ny Lhaggan, all contrary to GP2b, c and g. The application is not supported. INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
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 : Refused Date : 31.07.2019 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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