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Application No.: 15/00115/B Applicant: Mr Chris Murphy Proposal: Erection of extension to existing detached garden room Site Address: Ballavale Farmhouse Ballavale Road Santon Isle Of Man IM4 1EH Case Officer : Miss S E Corlett Photo Taken: 12.02.2015 Site Visit: 12.02.2015 Expected Decision Level: Officer Delegation
Officer’s Report THE SITE
1.1 The site is the residential curtilage of an existing dwelling, Ballavale Farmhouse, which sits on the southern side of a lane which leads from Ballavale Road past Ballavale Barns and Ballavale, to the application property and on to agricultural land. The site as defined represents all the land owned by the applicant, not all of which has permission for use as a residential curtilage (see Planning History). This has been amended following discussion with the applicant to reflect the approved curtilage with a small extension to accommodate the proposed works (circulated on 12.02.15). - 1.2 The dwelling was formerly an agricultural worker's property which was occupied contrary to the terms of that approval for a sufficient time to warrant a Certificate of Lawful Use being issued and the property is now legally occupied as a private dwelling. The dwelling is an attractive one which has been altered and extended over time. The garden accommodates a relatively new outbuilding, a small flat roofed garden shed which is used as gym. This sits to the north east of the dwelling, closer to the lane. - 1.3 The house has an open parking area between the lane and the building and other than a formal patio in front of the dwelling, the remaining land is largely open and unmanaged. There are trees, raised beds and chickens and no formal boundary between the formal residential area and the open space outwith the residential curtilage. The non-residential land is clearly not used as formal garden and there is no domestic paraphernalia in this part of the site. THE PROPOSAL
2.1 Proposed is the extension of the outbuilding to provide a hobbies room. This would be a continuation of the form, finish and height of the existing building, doubling its footprint. The overall building would be 52 sq m in area. PLANNING HISTORY - 3.1 The site has been the subject of the following applications:
PA 13/00328/B - Erection of a detached wooden out building Status Permitted 30th April 2013 Conditions
from the date of this notice.
drawings 1125-00A, proposed elevations, details and 1125/06C received 15th March 2013.
use. The outbuilding may be used only in association with the main dwelling house "Ballavale Farmhouse" and for purposes ancillary to the use of the main dwelling house "Ballavale Farmhouse" as a single dwelling house.
PA 08/00948/B - Alterations and erection of extensions (comprising an amendment to the development approved under 07/01422/B) Status Permitted 26th June 2008
PA 07/01422/B Alterations and erection of extensions to provide additional living accommodation and double garage Status Permitted 14th September 2007
PA 06/01878/B - Alterations and erection of covered parking for three vehicles with 'granny flat' living accommodation above Status Refused 21st December 2006
PA 06/00299/LAW - Application for a Certificate of Lawful Use, relative to an agricultural worker's occupancy condition applied under planning application 37410 (dated 16/04/74) Status Certificate of Lawfulness AGREED 15th May 2006
PA 05/92142/C - Removal of agricultural worker occupier and agricultural holding conditions on existing property Status Application Withdrawn 22nd May 2006
4.1 The site lies within an area designated on The Isle of Man Planning Scheme (Development Plan) Order 1982 as Woodland and within an area of High Landscape Value and Scenic Significance. As such, there is a presumption against development as set out in Environment Policies 1 and 2. There is provision, however, within the Town and Country Planning (Permitted Development) Order 2012 for the erection of domestic scale facilities such as garages, sheds, greenhouses etc and in this respect, it is not unacceptable in principle for such structures to be erected within a residential curtilage. The issues in this case are whether the position, size or appearance of the extended structure is acceptable. REPRESENTATIONS - 5.1 DEFA has liaised with the applicant regarding working close to a watercourse but have concluded that there is no adverse impact on the adjacent watercourses. ASSESSMENT - 6.1 Whilst there is a slight increase in the residential curtilage, this is very minor and neither affects the character of the site nor establishes a precedent for further incursion into the open space. There is an established tree and vegetation hedge alongside the land which screens the existing structure from view and this route is not well used nor a through route to anywhere. In visual terms, the extension will not be significant and the existing and proposed structures are well designed and sit comfortably in their context.
6.2 The application is recommended for approval.
7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.
7.3 Department of Environment, Food and Agriculture is a statutory authority which raises material planning considerations and as such should be afforded party status under Article 6(4)(c) of the Town and Country Planning (Development Procedure) (No 2) Order 2013
Recommendation Recommended Decision: Permitted Date of Recommendation:
28.02.2015
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Reason: to protect the countryside and promote sustainable development in accordance with the Strategic Plan.
This approval relates to the site/location plan received on 03.02.15 and circulated on 12.02.15, and the site plan, plans and elevations all received on 03.02.15.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : 03.03.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed : Jennifer Chance Jennifer Chance Head of Development Management
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