Officer Report

Application No.: 24/00217/B Applicant: Mr David Bashforth Proposal: Erection of a detached building to be used as a garage for the existing dwelling and residential annex of additional accommodation Site Address: Orchard Cottage Oatlands Road Andreas Isle Of Man IM7 4ET Planning Officer: Lucy Kinrade Photo Taken: 07.02.2025 Site Visit: 07.02.2025 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 01.05.2025 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. There are no issues in respect of the principle and intended garage and annex use connected to the use of the main house, nor for the removal and impact on trees and ecology and no issues in respect of highway safety subject to conditions, however, by reason of the length of the proposed structure, its siting and proximity to the main house and its overall design and external finish including large areas of painted render and windows increasing its visual prominence that it is considered inappropriate and having an unacceptable adverse visual impact and prominence within the site which detracts from the character and appearance of the main house, the streetscene and wider landscape. The proposal fails Strategic Policy 5, Environment Policies 1 and 2, General Policy 2 (b, c, g). the principles of Housing Policy 15 and Planning Circular 3/91, and to undermine Environment Policy 13 in respect of surface water flood risk on or off the site.

Interested Person Status None

_________________________________________________________________ Officer’s Report

1.0 The Site - 1.1 The site comprises the grounds of Orchard Cottage, a detached, 2-storey, double fronted dwelling with a centrally located, flat roof neo-Georgian style front porch. The dwelling is finished in white painted render, with slate roof and two prominent integrated stacks on each gable end.

1.2 The existing site is located within a 1.35 acre site set back from the Oatlands Road and in a visually prominent position beyond the open fields. The dwelling is accessed via a shared private lane off Oatlands Road. The site lies in the countryside outside the recognised settlement boundary for Andreas. Within the site and providing back drop to the dwelling is a registered tree belt, part of which is registered tree area RA0420. Within the site and just to the eastern side of the rear of the house is registered tree RT1235.

2.0 The Proposal - 2.1 Proposed is the erection of a detached building south west of the main house providing garaging and additional living accommodation as a self-contained annex. - 2.2 The proposed structure would measure approx. 15.57m long x 6.83m deep x 2.7 high to the eaves; and, 5.73m to the ridge. It would provide a kitchen/lounge area; hallway, bathroom, and 2 bedrooms along with a 5.5m wide x 7.43m deep garage. - 2.3 The garage/annex accommodation would run along the existing driveway approx. 10.5m from the main dwelling. A gravelled drive would separate the dwelling from the annex/garage. - 2.4 The garage is to be finished in painted render and a slate roof. The front elevation is to comprise a double garage door, front door and side light with two windows either side. Each gable end will have a single door, and five windows proposed across the rear. An air source heat pump is proposed on gable end nearest the main house and solar panels on the front facing roof slope. - 2.5 There were concerns expressed with the original proposal and so the agent sought to draft revised proposals which attached the garage annex to the main house. This draft revision was of a size, style, design and arrangement considered at odds with Housing Policy 15 and PC3/91. The agent decided to remain with the original proposal for a detached garage/annex building.

3.0 Site History - 3.1 Previous planning history was for the existing main dwelling

• o PA 02/00902/B which replaced the former Orchard Cottage - permitted 7/11/2002
• o PA 08/00653/B which was for a detached garage block - permitted 19/6/08 - which has now expired.

3.2 The previous approved garage was smaller than what is sought now and its size is shown on the submitted plans for comparison purposes. - 3.3 02/00902/B was approved with a number of conditions relating to the need for landscaping and trees, all plumbing stacks to be installed internally and one condition which revoked PD rights:

• C5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 1983 (or any order revoking or re-enacting that order) no greenhouse, walls, gates, fences, garden sheds, garages or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval).

4.0 PLANNING POLICIES - 4.1 The site is located in the countryside outside the recognised settlement boundary for Andreas and where there is a general presumption against any kind of development. The site appears within an area of woodland on the 1982 Development Plan. Part of the site is recognised as being at some surface water risk but not the site of the garage/annex and house. Registered tree areas bound the site and a registered tree sits behind the main house.

4.2 Relevant policies of IOM Strategic Plan:

• o Strategic Policy 1 - best and efficient use of site and reusing building materials
• o Strategic Policy 2 - development directed to town centres and service villages
• o Strategic Policy 4(b) - protect and enhance landscape and nature conservation value
• o Strategic Policy 5 - new development (including individual buildings) should be designed so as to make a positive contribution to the environment (and in some cases a Design Statement will be required)
• o General Policy 2 - general standards towards acceptable development including visual impact, neighbouring amenity, highway safety and landscape
• o General Policy 3 - development exceptions in the countryside
• o Environment Policy 1 - protection of countryside for its own sake
• o Environment Policy 3 - protection of woodland areas
• o Environment Policy 4 - protection of habitats
• o Environment Policy 10 - flood risk
• o Environment Policy 13 - no increase to flood risk on or off site
• o Housing Policy 15 - extensions to existing traditional styles properties
• o Community Policy 7 - designing out crime
• o Community Policy 11 - prevention of outbreak and spread of fire
• o Infrastructure Policy 5 - water conservation and management measures
• o Paragraph 4.3.11 of the Strategic Plan states, "Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development".

4.3 Reference any relevant PPS or NPD

• 4.3.1 None
• 5.0 OTHER MATERIAL CONSIDERATIONS

5.1 Legislation o None - 5.2 Policy/Strategy/Guidance

• o Manual for Manx Roads - car parking standards
• o Residential Design Guide - local distinctiveness, architectural details and neighbouring amenity
• o Planning Circular 3/91 - houses in the countryside
• o Landscape Character Appraisal 2008 - F3 indicates "Several isolated farmsteads and individual houses also pepper the landscape. Traditional farm buildings characteristically exhibit white walls (which often provide a bright contrast to the muted upland backdrop to the north) and grey roofs. Alongside these traditional buildings, modern agricultural sheds and warehouses are sometimes visually intrusive.". The key Landscape Strategy "The overall strategy should be to conserve and enhance the character, quality and distinctiveness of this rural area including the scattered settlement pattern, relatively strong field pattern delineated by a mixture of stone walls and relatively tall Manx hedge-banks and its network of enclosed minor rural roads."
• o Draft Area Plan for the North and West - Proposed Modifications. Map 8 Andreas the site not designated for development and in an area containing registered trees.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 DEFA Forestry - no objection (18/07/2024) - following site visit, the registered tree area has been removed and replaced by an individual registration of one notable beech tree. The beech tree is a significant distance from the proposed building. The trees proposed for removal are in very poor condition and Forestry do not object to their removal. Comments made by

• Ecosystem teams are concurred in the soft felling of the ash tree with bat roost features. The layout of the site and presence of blackthorn thickets acts as natural protection features for the retained trees, and therefore I do not believe a condition requiring a tree protection plan is necessary in this instance.
• 6.2 DEFA Ecosystems - no objection subject to conditions (22/03/2024) - 3 trees are to be removed to facilitate the development. All 3 are Ash trees and with early stage Ash dieback. Tree 5612 is mature with cavities throughout which could be used by roosting bats. Minded of this potential roosting they request condition that tree 5612 is soft felled in sections and left on ground for 48 hours to allow any bats to exit. A second condition for a bat box to be erected also necessary.
• 6.3 Andreas Commissioners - do not object (18/03/2024) but ask that full consideration be given to drainage due to the current issues of surface water drainage for Andreas village.
• 6.4 DOI Highway Services - do not oppose subject to condition (11/03/2024) no significant negative impact upon highway safety, network functionality and/or parking as the existing access is suitable for the proposals, subject to accommodation remaining ancillary to the main dwelling.

- 7.0 ASSESSMENT

7.1 Previous Garage Approval

• 7.1.1 The main house was approved under PA 02/00902/B as a replacement to the former Orchard Cottage. Subsequently approved PA 08/00653/B was for a detached garage block measuring 11.7m x 7.4m and installed with two double garage doors and sitting further back along the rear boundary line. This 2008 application has now expired.
• 7.1.2 The officer for the 08/00653/B indicated that whilst the Strategic Plan contained policies for general planning consideration, there were no specific policies material to the assessment of the garage proposal. They judged the garage to be in keeping with the character and scale of the dwelling and its siting was appropriate.

7.2 Original Concerns and Revised Scheme

• 7.2.1 The previous case officer expressed concerns to the agent about the original detached garage annex proposal and the structure looking and appearing as a separate new two bedroomed bungalow on land not designated for development and which could be easily subdivided as an independent dwelling in the future given its position within the site. The agent sought to revise the scheme providing proposal drawings which attached the structure to the main dwelling and with a linked connecting arch way. As the new case officer for the application I expressed concerns that the revised proposal would go against design criteria contained within PC 3/91 and would fail Housing Policy 15 being an inappropriate form of extension to a traditionally styled dwelling.
• 7.2.2 Minded of the concerns for both schemes the agent sought to remain with the original scheme as submitted for the detached garage annex.
• 7.3 Proposed Detached Garage /Annex Proposal

• 7.3.1 The proposed garage and annex building now has a much bigger footprint compared to 08/00653/B and is also to sit further forward into the site and closer to the frontage of the main house. It is not uncommon for rural dwellings to have outbuildings associated to them and this might include garaging and so the principle of some kind of structure is acceptable in its own right. Intended Use
• 7.3.2 The proposed garage annex building is indicated to be used for purposes connected to the main house and conditions could be attached tying its use to the main house.

Predetermining their subdivision is not a matter for this application; therefore there is no issue in respect of its proposed intended use as a garage for the main house and as living accommodation for family members of the main house. However, there remains significant concern in the overall size, scale, design and siting of the proposed structure and its consequential visual impact on the main house, site and surrounding area.

Visual Impact

• 7.3.3 The proposed structure is to be single storey and so in terms of height it remains subordinate to the main house and this weighs in favour of the proposal along with its dark coloured roof helping to reduce some of its visual prominence. However, the size of the proposal is long and sits further forward into the site closer to the front line of the main dwelling. Its proposed frontage is only 500m shorter than the main house frontage and is not subordinate in this respect. The length and design of frontage including large areas of white render and glazing is expected to increase its visual prominence within the site and detracting from the prominent and stand alone commanding position of the main house, and negatively impacting how the house is viewed within the streetscene and landscape here.
• 7.4 Trees and Ecology

• 7.4.1 There are no issues in respect of the removal of the three ash trees indicated to be removed. The registered tree behind the main house is to remain unaffected due to its position away from the site of works. DEFA Forestry have confirmed no tree protection plan necessary in this case.
• 7.4.2 A condition has been requested for soft felling of tree 5612 to ensure any potential bat roosts are protected. However, there is no confirmed evidence and we must also be mindful that there is separate legislation under the Wildlife Act 1990 that ensures no harm is caused to any protected species including bats. Given this separate legislation, it is not considered necessary to add a condition in this respect but a note will be added to remind the application of The Wildlife Act 1990. Similarly, no condition will be added for any bat box on the site, and the need for such is not felt to go to the heart of the approval although would be a welcomed addition and so a note will be added in this respect.

7.5 Drainage

• 7.5.1 Part of the site is recognised as being at some surface water flood risk. The proposal indicates that foul waste will connect to existing services while surface water will be to a soakaway approx. 5m from the new structure. There is no percolation tests provided nor any information to demonstrate that the proposal and its surface water will not result in any increase to surface water on or off the site and this should be evidenced as part of any future submission.

7.6 Highways

• 7.6.1 The site is set back from the main road accessed by a narrow shared access lane. The intended use as part of the main house and not as a separate independent dwelling is not expected to result in such an increase as to adversely affect or change the nature in intensity of use of the site and existing access lane. To this effect Highways confirmed no objection subject to a condition tying the use to the main house.

7.7 Impact on Neighbours

• 7.7.1 There would be no impacts arising from the development in respect of amenity of neighbouring properties and accords with GP2 g.
• 8.0 CONCLUSION

8.1 There are no issues in respect of the principle and intended garage and annex use connected to the use of the main house, nor for the removal and impact on trees and ecology and no issues in respect of highway safety subject to conditions, however, by reason of the length of the proposed structure, its siting and proximity to the main house and its overall

• design and external finish including large areas of painted render and windows increasing its visual prominence that it is considered inappropriate and having an unacceptable adverse visual impact and prominence within the site which detracts from the character and appearance of the main house, the streetscene and wider landscape. The proposal fails Strategic Policy 5, Environment Policies 1 and 2, General Policy 2 (b, c, g). the principles of Housing Policy 15 and Planning Circular 3/91, and to undermine Environment Policy 13 in respect of surface water flood risk on or off the site.
• 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

9.3 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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Refused Date: 07.05.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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