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Government Syrilige Lilan Vanne
Mr A Jones Ballaclucas House Top Road Crosby Isle Of Man IM4 4HN
In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mr Alfred Frank Jones, Ref 13/00558/B, for the Alteration to residential curtilage to encompass additional drainage and retaining works (retrospective) at Ballaclucas House Top Road Crosby Isle Of Man IM4 4HN subject to compliance with the following condition(s):
NOTE For clarification, the land outwith the area edged red on drawing BHR002 may only be used for agricultural or horticultural purposes or as open space and may not be used or planted as private garden.
Date of Issue: 4th July 2013
Director of Planning and Building Control
This decision was made by the Planning Committee in accordance with the authority delegated to it.
This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml
Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.
The proposed development must not be commenced until either;
Whichever is the later.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]
13/00558/B
| Application No.: | 13/00558/B |
| Applicant: | Mr Alfred Frank Jones |
| Proposal: | Alteration to residential curtilage to encompass additional drainage and retaining works (retrospective) |
| Site Address: | Ballaclucas House |
| Top Road | |
| Crosby | |
| Isle Of Man | |
| IM4 4HN |
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT INVOLVES THE EXTENSION OF A RESIDENTIAL CURTILAGE INTO THE SURROUNDING COUNTRYSIDE
1.1 The site is the residential curtilage of an existing dwelling which lies on the northern side of the Top Road which links Crosby with Mount Rule. The curtilage includes land which was approved as the curtilage of the dwelling when it was approved as a replacement of the former dwelling on the site (see Planning History) along with land to the rear and side which has been incorporated into the residential curtilage.
1.2 The property has a frontage to the main road of 28m which is as originally approved, with the majority of the frontage formed by Manx hedge with an entrance incorporating rendered walling from 1000mm to 1260mm and metal gates between 1300mm and 1700mm high suspended between stone gate pillars which are 1850mm high. These pillars are taller than those alongside at plot 1 and taller than would be allowed under the Permitted Development Order.
1.3 At the rear of the property there is a paddock which is separated from the domesticised part of the site by a bank which descends 800mm with a step down of 600mm to the rear patio.
2.1 Proposed is regularisation of work which has already been undertaken: this is the installation of the gates and gate pillars which are taller than originally shown, widening of the residential curtilage by a maximum of 1m and extending the curtilage to the rear by between 3m and 7m. Land at the northern end of the site has been planted with a small numbers of shrubs which have been introduced to divert surface water from the adjacent field.
2.2 The works to the curtilage and the bank at the rear have been undertaken in response to flooding and drainage problems experienced on the site and also as during the construction of the replacement house, the existing dwelling was retained and demolished only after the new house was completed, resulting in a smaller rear garden area than had at first been envisaged.
| Case Officer : | Miss S E Corlett |
| Photo Taken : | 11.06.2013 |
| Site Visit : | 10.04.2013 |
| Expected Decision Level : | Planning Committee |
3.1 The site lies within an area designated as an Area of High Landscape or Coastal Value and Scenic Significance on the Isle of Man Planning Scheme (Development Plan) Order 1982. 3.2 As such, there is a presumption against development, including the expansion of residential curtilages into the surrounding countryside. No policy advice exists within the Strategic Plan to guide applications for such proposals. However, perhaps of more use are previous applications and decisions on similar proposals (see Planning History).
4.1 The replacement dwelling was approved under PAs 01/01005, 02/00451, 04/00640, 04/02035, 06/00272. The current property to the immediate east was approved at the same time. An extension of that approved residential curtilage has also taken place to a much greater extent and is subject to current enforcement action (12/00127). 4.2 Other applications for the extension of residential curtilages into the surrounding countryside include the following: Curlew Cottage, Scarlett, Castletown (PA 12/00999). This permission related to a proposal to extend that residential curtilage by around 750 sq m . The reporting officer recommended that the application be permitted and the Committee refused the application on the basis that the proposal would be contrary to EP 1 and would undermine the openness and rural character of the area of High Landscape Value and Scenic Significance. The appeal inspector concluded however that whilst "in principle...the proposal is contrary to policy EP1...however, the policy also seeks to ensure that the development would not have any adverse visual effect and the proposal should be assessed on this basis as well as on the basis of the principle of the development" (his paragraph 11). He states that the boundary treatment would limit views of the extended curtilage which was considered by him to be appropriate for a garden use (paragraph 12) and concluded that the proposal would not be harmful to the character and quality of the landscape and the application was recommended by him for approval and the Minister accepted this recommendation.
4.4 Further applications for extensions of residential curtilages include Slegaby Cottages - PAs 13/00151 and 13/00019 which were refused by the Planning Committee and which are currently at appeal, Thie ny Garree in Ballaragh (PA 12/00913) which was approved and Bay View in Ballaveare, Braddan which was approved by the Planning Committee, all illustrating that in certain circumstances extensions to the residential curtilage into the countryside can be considered acceptable but in others it is not and that each case has to be considered on its own merits and in terms of its own particular impact.
5.1 Marown Parish Commissioners indicate that they do not oppose the application.
6.1 It is clear from the consideration of previous applications which considered similar proposals, that the critical considerations are the impact of the expansion of curtilages into the countryside, particularly the visual impact as viewed by the public and taking into account any future impact of buildings or structures or works which could legitimately be undertaken within the expanded curtilage. 6.2 In this case, the area to the side of the property is to be extended by 1 m into the surrounding paddock, which is not considered to have a significant impact on the character of
the property in its setting. There is still sufficient land for separate access to the paddock area to the rear. 6.3 The area to the rear cannot generally be seen and is not considered excessive bearing in mind both the proximity of the adjacent dwelling and the amount of land remaining to the rear. As such, it is considered that both changes to the residential curtilage do not have a significant or adverse impact on the character of the site. 6.4 Alterations to the access will result in a change to the property in terms of the gates and gate posts being taller than approved. However, bearing in mind the character of the property and that of its neighbour, the properties are larger and grander than those which they replaced and the gates, particularly as they are set back from the road, do not appear out of context with the properties they serve. Whilst the proposed gate posts are taller than those serving the adjacent property, it is important that the properties are not identical to avoid a suburban character in such a rural area. The buildings themselves are already very similar and it is considered that the slight difference in the entrance detailing does not have a negative impact on the appearance of the properties.
7.1 The local authority, Marown Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005 paragraph 6.4(d) interested parties and as such should be afforded party status to this application.
Recommended Decision: Permitted
Date of 12.06.2013
Recommendation:
C 1. This approval relates to the expansion of the residential curtilage and the creation of entrance pillars and gates all as shown in drawings BHR001, BHR00J, BHR003, BHR004.
N 1 . For clarification, the land outwith the area edged red on drawing BHR002 may only be used for agricultural or horticultural purposes or as open space and may not be used or planted as private garden.
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: Approve
Committee Meeting Date: 1/7/13
Signed: Ben
Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
See file more - additional order
required
PA13/00558/B Mr Alfred Frank Jones Alteration to residential curtilage to encompass additional drainage and retaining works (retrospective), Ballaclucas House Top Road Crosby Isle Of Man IM4 4HN Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 14.05.2013, includes;
Dev Control Polygons: Reference Number: 92/01203/A Status: Refused Proposal: Approval in principle for erection of 2 dwellings, part Field 840, Ballaclucas, Marown. Reference Number: 04/00640/B Status: Permitted Proposal: Amendments and repositioning of one of the dwellings approved under 02/00451B Reference Number: 06/00272/B Status: Permitted Proposal: Erection of a single storey sun lounge extension to side elevation and installation of two velux rooflights Reference Number: 13/00558/B Status: Pending Consideration Proposal: Alteration to residential curtilage to encompass additional drainage and retaining works (retrospective) Reference Number: 01/01005/A Status: Permitted Proposal: Approval in principle for erection of two dwellings to replace existing Reference Number: 02/00451/B Status: Permitted on Review Proposal: Erection of two dwellings with garages to replace existing Reference Number: 04/02035/B Status: Permitted Proposal: Amendment to PA 04/00640/B, for replacement of lean-to rear outlet with gabled outlet and internal alterations
BC Case Polygon: Reference Number: 05/07051/DOM BC Case Status: Building Work Complete Proposal: Erection of Detached Dwelling and Garage Reference Number: 04/07356/DOM BC Case Status: Building Work Complete Proposal: Dwelling 3 storey with integral garage. Reference Number: 06/07111/DOM BC Case Status: Building Work Complete Proposal: Erection of a single storey extension to form sun lounge
PLanning Enforce: Reference: 12/00131/NOTICE Status: Pending Consideration Nature of Enforcement: Change of use of land to rear of dwelling from agricultural to residential curtilage
Case Ref. Breach Type Status Appeal Status Map Ref (E) 12/00131/NOTICE NOTICE - Enforcement Notice PCO - Pending Consideration 234588 (N) 479689 U.P.R.N. Address 000115057379 Ballaclucas House Top Road Crosby Isle Of Man Date Received Received By 12.06.2012 Time 15:53 PF - Mrs P Faragher How Allocated To Area Code Ward Subject Nature Mr & Mrs Jones Change of use of land to rear of dwelling from agricultural to residential curtilage 11 - MAROWN Alt. Reference Related EN 1 05/01172/B No. Complainants Target Response Time (days) To Target Resolution Time (days) Complaint Founded (Y/N) Actual Response Time (days) Actual Resolution Time (days) Save Exit No. 1 No. Complain 14/5/13 further to viewing the applicable content, Jason was happy for the applicable to be booked on.
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