Officer Report

Application No.: 15/00685/B Applicant: Chris & Vici Blackburn Proposal: Alterations and extensions to dwelling Site Address: Brackenhill House Ballacraine St Johns Isle Of Man IM4 3LR Case Officer : Miss Abigail Morgan Site Visit: 15.07.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of Brackenhill House, Peel Road, St Johns which is a detached dwelling situated to the northern side of the highway. To the south and to the east of the application site are other residential properties. The access to the Parsonage cul-de-sac is to the west, these properties access road comes round to the rear of the application property and is set at a higher level. - 1.2 The application property is set at a higher level than the road but lower level than the land to the rear by about 2m.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the extensions and alterations to the existing dwelling and the conversion of the garage to a granny annexe. - 2.2 The plans show a single storey rear extension linking onto the existing garage, which is to be converted, erection of a car port for two vehicles and a conservatory off the existing dining room. - 2.3 The existing garage is apx 43sqm and is proposed to be open plan bedroom/living arrangement with small bathroom and kitchenette. This will be connected to the main dwelling by the erection of flat roof linking extension in the existing gap, of about 3m in height. - 2.4 The car port is to be a flat roof, 6.5m x 6.2m x 2.5m. The conservatory is 3.1m x 3.5m with lean to roof 2.4m at its lowest and 3.5m at its highest. - 2.5 All of the extensions are to be rendered block work to match the render on the existing dwelling.

- 3.0 PLANNING HISTORY

3.1 04/01976/B - Conversion of existing detached garage to additional bedroom and a store withdrawn

4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area recognised as "Predominantly Residential" identified on the St Johns Local Plan 1999. Planning Circular 6/99 which constitutes the written statement to be read in conjunction with the local plan, contains one policy that is considered specifically material to the assessment of the planning application. - 4.2 Policy RES/P/5 states: "With the exception of appropriate extensions and alterations to existing property which will generally be acceptable, outside of development areas 1, 2, 4, 5 and 6 new residential development will only be approved where this complies with Planning Circulars 1/88, 3/88 and 3/89." - 4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this planning application. The relevant extract of General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality".

4.4 Paragraph 8.12.1As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general.

5.0 REPRESENTATIONS - 5.1 German Commissioners have no objection, however wondered whether the plan could be altered slightly to bring the roof line into line with the existing brick work and be faced in brick to enhance the appearance of the link building. - 5.2 Highways Division of the Department of Infrastructure do not oppose the application (17.07.2015).

6.0 ASSESSMENT - 6.1 The application seeks approval for the erection of extension and alterations to the property. The main issues to consider in the assessment of the application are the impacts upon the character and appearance of the property and street scene in general and the impacts upon the amenities of the neighbouring properties. Impact on neighbouring properties - 6.2 The proposals are considered to have a limited if any impact upon neighbouring amenities, as all extensions are single storey and are set at the garden level which is lower level than the road to the rear and the property is set in a large plot. Therefore this is not considered to be an issue.

• Impact on main dwelling
• 6.3 With regards to impact on the host dwelling, the proposals maintain a reasonable extension/garage to back garden ratio and the design, size and massing of the proposed extension and garage is considered in keeping with the existing property. Through the erection of the car port they are maintaining two inside car parking spaces, and there is sufficient space outside of this for any additional requirements.
• 6.4 The proposed link and car port is to be rendered to match the existing dwelling. The Commissioners have raised no objection, however wondered whether the plan could be altered slightly to bring the roof line into line with the existing brick work and be faced in brick to enhance the appearance of the link building. The agent has responded to this, the positions of the rear wall of the link has been located to ensure that the services in the area are not disturbed and render has been chosen to match other areas of the house and sourcing bricks to match would be difficult.
• 6.5 It is considered that the proposals respects the existing dwelling in terms of the siting, layout, scale and design. Impact on the street scene
• 6.6 The proposed extensions would be of a traditional design and would incorporate the original building into the design. The main change to the front elevation, which is the elevation predominantly seen from public realm, is the addition of the car port it is considered that the design works well and would fit comfortably within the street scene. It is considered that the addition of the car port would not have an adverse impact upon the character and appearance of the street scene.
• 6.7 In respect of the issues above it is concluded that the planning application does not conflict with General Policy 2 (b), (c) or (g) of the Isle of Man Strategic Plan 2007.

Granny Annexe

6.8 Consideration should also be given to whether the proposal could be considered to be a new dwelling and whether such accommodation would be compatible with the existing dwelling and neighbouring dwellings. - 6.9 The scheme proposes the use of the existing garage be used for ancillary accommodation (applicant's dependent). If a building, or part of a building, contains sufficient facilities to be used in a self-contained manner then they are generally considered to be a separate planning unit, whether or not they are occupied by a relative of occupants of the primary property, or used by guests. - 6.10 There is some case law that has accepted fully self-contained accommodation as being ancillary to the principal residence, i.e. when they have been occupied by a dependant relative or disabled child, or even a servant, and certainly who pays the bills is a factor. In most cases the test of whether it is a separate planning unit rests upon its severability. i.e. If the alleged ancillary use could practically and viably operate on its own were the primary use of the premises cease or cease to be in the ownership of the same person. - 6.11 The application proposed is quiet clearly linked to the main dwelling, with only a small kitchenette area and open plan living and sleeping accommodation. Although on plan it appears that they could be easily used separately and the accommodation could have no reliance on the upper floor, they would still require sharing the access parking area to the

• front of the existing dwelling and amenity space; it is considered unlikely that due to the layout of the dwelling that in reality this separation would occur.
• 6.12 It is noted that the proposed extension would, at 43sqm, be legally capable of providing an independent dwelling for one person as per Housing (Standards) Regulations 2013, therefore it should also be considered as to whether or not a new dwelling here would be acceptable in planning terms. In this instance based on the relationship of the extension to the host dwelling and its amenity space it has been concluded that a separation would unlikely to occur, and in any event would not be acceptable for the very reasons that this proposal is considered to be acceptable. There is no satisfactory way in which the garden could be subdivided for the mutual enjoyment of both given the close physical relationship.
• 6.13 Whilst the applicants have stated that there is no intention the extension to be used separately even if the two elements did, eventually, come to be used independently without the submission of a planning application, there is sufficient control within the planning system to prevent any such unlawful activity from becoming lawful.
• 6.14 As such, it is considered that the principle of the proposal is acceptable. There does not seem to be any way that any resident of the conversion could occupy it independently of the main dwellinghouse, and even if proposed modifications were subsequently submitted for planning approval to enable this to occur, it seems fairly likely that this would be resisted. Conditions requiring (a) the extension be used as ancillary living accommodation, and (b) any works undertaken be in line with the approved plans and retained as such thereafter are recommended accordingly.

7.0 RECOMMENDATION - 7.1 It is recommended that the application be approved, subject to conditions.

8.0 PARTY STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services and the Local Authority in whose district the land the subject of the application sits.

Recommendation Recommended Decision: Permitted Date of Recommendation:

20.07.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

- C 1.

The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

• C 2. The extension hereby approved shall not be occupied at any time other than for purposes incidental to the residential use of the dwelling at 'Brackenhill House', Peel Road as identified on the approved drawings 1503-001 and 1503-004, and shall not be occupied as an independent dwelling unit.

Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.

This approval relates to drawings 1503-001, 1503-002, 1503-003, 1503-004, 1503-005A and 1503-006A all date stamped as received on 18th June, 2015.

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 : 24.07.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed : Michael Gallagher Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management