Loading document...
Application No.: 09/00711/B Applicant: Mr Peter Nutall Proposal: Erection of detached garage with office, toilet & kitchenette above Site Address: - Faaie Wyllin - Glen Road - Ballaugh - Isle Of Man - IM7 5JD ### Considerations Case Officer: Mr Chris Balmer Photo Taken: 02/06/09 Site Visit: 02/06/09 Expected Decision Level: Senior Planning Officer ### Written Representations - Ballathoar Court Glen Road Ballaugh Isle Of Man | Objects to the proposal ### Consultations Consultee: Highways Division Notes: Do not oppose Consultee: Ballaugh Parish Commissioners Notes:** No objections.
The site represents the residential curtilage of Faaie Wyllin, Glen Road, Ballaugh, which is a single storey detached property located on the western side of Glen Road and south of the Ballaugh Village.
The site has been zoned under the Isle of Man Development Plan Order 1982 as being within an area of 'white land' not zoned for development; the site is neither within a Conservation Area nor within an area zoned as High Landscape Value or Costal Value and Scenic Significance.
Due to the zoning of the site the following policies are relevant for consideration:-
Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
"Environment Policy 2: 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Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein.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:
The following previous planning applications are considered relevant in the assessment and determination of this application:-
Conversion of garage to provide additional living accommodation - 09/00710/B - APPROVED
The application seeks approval for the conversion of garage to provide addition living accommodation.
The proposed structure has a width of 9.9 metres, a depth of 11.3 metres and a ridge height of 6.54 metres. The proposal would be sited 18 metres south of the main dwelling house. The ground floor which accommodates a garage/store would be accessed via the two single garage doors. The first floor accommodates an office, kitchen and toilet is access via a staircase (door within western elevation is not indicated on drawing).
Ballaugh Parish Commissioners:- "No objection" Highways Division:- "Do not oppose." The owners/occupiers of Ballathoar Court, Glen Road, Ballaugh, have objected to the application which can be summarised as; All buildings within the site are single storey unlike the proposal; the proposal in the future could change to a separate dwelling; proposal is too close to our boundary; loss of privacy due to overlooking; and the proposal would be a unnecessary eyesore in this area of outstanding natural beauty, mainly due to its house.
The proposal would be located within the residential curtilage of the existing property Faaie Wyllin. The proposal would have cavity wall construction. As stated previously would have width of 9.9 metres, a depth of 11.3 metres and a ridge height of 6.5 metres. This would result in a much larger structure than what would be permitted under the Permitted Development Order. The applicant's 'fall back' position (of constructing a structure as permitted development) would not therefore have a comparable impact to what is currently proposed.
Under the Permitted Development Order the applicant may build a domestic garage within the curtilage of a dwelling. This is provided that on completion of the works the height does not exceed 4 m above ground level; the width of the garage does not exceed 6 m or be less than 2.4 m ; the length of the garage does not exceed 6 m or be less than 5 m and they do not already have a garage within the site.
There is an issue regarding the scale of development proposed. The development proposed here would be taller than the eves, as would the ridgeline ( 1 / 1.5 metres higher) over the existing dwelling. It is considered such development should be subordinate on the site, however given the proposals size, massing and height the proposal would become a dominant feature within the site, and therefore have an adverse effect on the quality of the landscape.
The proposed building would involve almost a full two storeys and create self-contained living accommodation which would be tantamount to a new dwelling in the countryside in terms of its use and its appearance. Whilst a condition could be attached tying the occupation of the new building to that of the main house, the fact remains that it is a self-contained unit which looks like and for all intents and purposes is, a new dwelling in an area which is not designated for such development.
Fundamentally, in terms of planning policy there is a long established presumption against new build residential development in the countryside. As identified earlier, within the planning policy section of this report, this presumption against is set out in three different ways. Firstly, the application site is not zoned for residential development under the 1982 Development Plan Order. Secondly, General Policy 3 of the Isle of Man Strategic Plan, states that in such areas new dwellings will generally not be permitted. Thirdly, the site is within an area of High Landscape Value and Coastal or Scenic Significance and therefore contrary to Environment Policy 2 and a refusal can also be legitimately made on that basis as well.
The proposal does not serve a viable agricultural holding nor replacing an existing dwelling and therefore there are no special circumstances to warrant the setting aside of the presumption against. The development proposed by this planning application is therefore clearly contrary to the current policies of the Department.
The applicant has listed a number of garage developments with accommodation above; however, these where permitted prior to the Isle of Man Strategic Plan (adopted June 2007). In terms of the approved developments at Glascoed, Glen Road, Ballaugh (02/01855/B) and Thie Soolynagh, Clenagh Road, Sulby ( 01 / 01725 / B ) the proposed garages with accommodation above are located directly adjacent to or linked to the main dwelling houses. It is also considered given the size of these sites and position of the developments; it is not considered the developments could be separated from or used independently from the main dwelling houses in the future.
The example at Carmodil Beg, Glen Road, Ballaugh (00/01730/B), is very similar to what the applicant has proposed, in that the garage is located 25 metres north of the main dwelling house, although is smaller than what has been proposed. When viewed from the adjacent highway the development does appear to be totally separate from the main dwelling house. Whilst the Authority did allow this development, prior to the adoption of the Strategic Plan, this is a prime example of why such development should be prevented. Whilst the development is an attracted building (Manx barn), given its distance and separation with Carmodil Beg the building appears as a separate dwelling and contrary to the planning policies now in adoption.
An extension of the existing dwelling in accordance with planning policy would possibly be an alternative, to accommodate the office, garage and store. It is considered such scheme could be designed to have a less intrusive feature within the countryside. Also consideration should be given, that permission has been granted (09/00710/B) to allow the conversion of the existing garage to form additional living accommodation.
Regarding the neighbours concerns of overlooking resulting in a loss of privacy, the proposal would have a single velux roof light which would look directly towards the property of Ballathoar Court. The roof light would be sited approximately 8 metres from the boundary, which consists of a mixture of substantial hedging, fencing and trees which vary in height. The roof light would not directly look into any of the neighbouring properties windows. Given these reasons it is considered the proposal would not result in a significant impact upon the privacy of the occupiers of Ballathoar Court.
In conclusion, the proposal would introduce a structure significantly larger than could be built as permitted development. The application site is not zoned for development and the proposal is contrary to established general planning policy. It is considered the proposal would be an intrusive feature within the countryside given its size, massing and location close to the adjacent public highway. Approval of the planning would set an undesirable precedent for further such inappropriate development in the countryside. Accordingly, it is recommended that the planning application be refused.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:-
Ballaugh Parish Commissioners Department of Transport Highways Division The owners/occupiers of Ballathoar Court, Glen Road, Ballaugh
Recommended Decision: Permitted
Date of Recommendation: 26.10.2009
The application site is not zoned for development and is within an area of High Landscape Value or Coastal Value and Scenic Significance. Therefore the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and The Isle of Man Development Plan, which seek to restrict such development within the countryside. Approval of the planning application which
is tantamount to the creation of a new residential dwelling would set an undesirable precedent for further such inappropriate development in the countryside.
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Permitted Date : Signed : Senior Planning Officer
Copyright in submitted documents remains with their authors. Request removal
