Increase residential curtilage, creation of new vehicular access and hard standing area, erection of a shed and installation of oil tank (part retrospective)
Site Address:
Thie-Ny-Garee Ballaragh Laxey Isle Of Man IM4 7PL
Case Officer:
Mr Jamie Leadbeater
Photo Taken:
29.08.2012
Site Visit:
29.08.2012
Expected Decision Level:
Officer Delegation
The Application Site
The application site is the residential curtilage of a detached dwelling and adjoining field in the ownership of the applicant on the northern side of Ballaragh Road in Lonan. The dwelling on the site is a new build that replaced a smaller Victorian property which originally stood on the site. The application property has two stories with a pitched slate roof and is predominantly finished in smooth painted render with the exception of Manx stone facing to the porch on the front elevation and the sunroom on the south-east facing side elevation. A detached garage lies to the side of the north-west side elevation of the dwelling which is accessed via a vehicular access distinguished by Manx stone walling to match the stone finish on the dwelling.
The Proposal
The application seek approval for the following works, some of which require retrospective approval:
creation of a hard standing area (retrospective) in adjoining field and subsequently increasing the residential curtilage;
creation of vehicular access to provide access for the re-filling of oil tank on proposed hard standing area;
erection of an oil tank outside of existing residential curtilage, but inside proposed extension of it; and,
erection of a shed on hard standing with proposed residential curtilage extension.
Planning History
The application site has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application:
12/00151/B – Creation of a vehicular access – Withdrawn. The application was withdrawn because the applicant were not aware that the creation of hard standing and the installation of an oil tank outside of the residential curtilage approved in previous application 08/01774/B required planning permission. These breaches in planning were raised after a site visit for the application for the vehicular access. The applicants subsequently decided to withdraw the application and submitted the current one to gain retrospective approval for the works and the vehicular access.
08/01774/B – Erection of replacement dwelling (Amendments to 07/00641/B) – Approved. 07/00641/B – Erection of replacement dwelling – Approved. 07/00322/B – Erection of detached garage and amendments to vehicular access – Approved.
06/01157/B – Alterations and extensions including provision of an additional floor over existing single storey dwelling – Approved.
Planning Policy
The site is falls within a designated Area of High Landscape Value and Scenic Significance in the Laxey and Lonan Local Plan 2005. The accompanying written statement contains one planning policy that is considered specifically material to the assessment of this current planning application:
Policy L/OSNC/PR/1 states:
"There will be a general presumption against development in areas designated as open space or open space for particular purposes".
The Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application. General Policy 3 states:
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
(a) Essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
(b) Conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
(c) Previously developed land (defined in Appendix 1) which contains a significant amount of building; where the continued use is redundant; where development would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
(d) The replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
(e) Location-dependent development in connection with the working of minerals or the provision of necessary services;
(f) Building and engineering operations which are essential for the conduct of agriculture or forestry;
(g) Development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and unacceptable alternative; and,
(h) Buildings or works required for the interpretation of the countryside, its wildlife or heritage".
Environment Policy 1 states:
"The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises al land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable or acceptable alternative".
Environment Policy 2 states:
"The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
(a) the development would not harm the character and quality of the landscape; or
(b) the location for the development is essential".
Representations
Lonan Parish Commissioners recommend that the application is approved.
The Highways Division do not object to the proposal, given the proximity of the proposed vehicular access to the end of the non-through road and due to the low levels of traffic along the public highway serving as access to the site from Ballaragh Road.
Assessment
There appears to be one fundamental issue to consider when assessing this application – whether the proposed extension of the residential curtilage would be detrimental to the openness and vitality of the countryside. One of the underlying themes of the Strategic Plan 2007 is to protect the countryside, for its own sake, from unnecessary development. This is explicitly referred to in Environment Policy 1 and a criteria for acceptable development in the countryside is set out in General Policy 3. Although, the proposal does not fit specifically into any of the criteria for acceptable development, regard must be given to the reasonableness of the scale and siting of the proposed developments in view of their subsequent impacts, if any, on the countryside.
The residential curtilage has been increased before to accommodate the existing detached garage, associated turning area and existing vehicular access, following the approval of previous application 07/00322/B. At the time, the reporting case officer considered the increase in residential curtilage to be acceptable as, 'the level of extension and loss of field is considered to be suitably limited'. Comparatively, this proposed further extension would be approximately half the size of the previous extension to the residential curtilage. Although in principle it may be further development in countryside, it is not considered the proposal would cause demonstrable harm to the countryside, whilst also the hard-standing would accommodate modest developments that would not be readily seen for the public thoroughfare. As such, the increase is considered reasonable. Any further such significant increase, however, would be considered to be overly intrusive and unnecessarily harmful to the openness and vitality of the countryside.
The proposed vehicular access would be sited approximately 17 metres from the existing vehicular access that serves the detached garage, whilst the Highways Division have concluded that visibility from the proposed access is of a better standard than the existing. Although approving the proposal for a second vehicular access to the site would not usually be considered favourably by the Highway Division, due to the implications it may have on highway safety, the fact that the public thoroughfare merely serves two further properties beyond the application site and that the flow of traffic is likely to be infrequent and low in numbers, then it is considered acceptable in highways terms. In terms of the proposed access' impact on the countryside, no concerns have been raised by the Department of the Environment, Food and Agriculture (DEFA) that partial removal of the existing hedgerows would have adverse connotations on wildlife habitats. In addition, it is not considered the removal would have a significant detrimental impact on the character of the street-scene which is largely dominated by views of the sea or heath-land hill tops, depending on which direction one approaches the site fro.
The oil tank is small in size and proportionally takes up little space in field that adjoins the residential curtilage. Given its proximity 17 metres from the road, even if the shed were not to be sited in front of it, would not be readily visible from the public thoroughfare and as such would not adversely affect public amenity.
The shed would be sited approximately 12.5 metres away from the edge of the highway. Given the shed's height, the height of the hedge separating the hard standing area from the road, and distance it would be set back from the road, it is not considered the shed would be readily visible from the public thoroughfare and as such would not be adverse to public amenity.
Overall, the proposed level of increase in the residential curtilage and additional vehicular access are considered reasonable. The proposed built developments within the proposed curtilage extension are modest and would not be readily visible from the public thoroughfare, and therefore would not be adverse to public amenity or the Area of High Landscape or Coastal Value and Scenic Significance. Although the proposed residential curtilage increase is considered reasonable, it is also considered that any further noticeable development on the site is likely to adversely affect the openness of the countryside. In conclusion, the proposal is acceptable.
Recommendation
It is recommended that the planning application be approved.
Party Status
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
The local authority Lonnan Parish Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 10.09.2012
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 an increase in residential curtilage incorporating a new vehicular access, hard standing area, oil tank and shed, as shown in the proposed 1:500 scale Site Plan and 1:2500 scale Location Plan, both received on 26th June 2012.
C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences garden sheds, summerhouses, flag poles, decking, garages, the installation of a window to replace a garage door, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval).
N 1. The purpose of Condition 3 is to seek to ensure that the impact created through the approval of this permission is not increased through the addition of additional development on the site which would add to the amount of built fabric around the dwelling, thus extending the impact of new development further into 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 : 25/9/12
Determining officer (delete as appropriate)
Signed : Anthony Holmes Senior Planning Officer
Signed : Michael Gallagher Director of Planning and Building Control
Signed : Sarah Corlett Senior Planning Officer
Signed : Jennifer Chance Development Control Manager
Copyright in submitted documents remains with their authors. Request removal
Source & Provenance
Official reference
12/00913/B
Source authority
Isle of Man Government Planning & Building Control
