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Application No.: 09/01263/R Applicant: Linda Thompson Proposal: Retention of existing portakabin for use as ancillary living accommodation Site Address: Land To Rear Of Allandale Farm Ballamanagh Road Sulby Isle Of Man --- ### Considerations Case Officer: Mr Chris Balmer Photo Taken: ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Site Visit: ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Expected Decision Level: Senior Planning Officer --- ### Written Representations 11 Mull View Kirk Michael Isle Of Man IM6 1AQ Objects to the proposal --- ### Consultations Consultee: Highways Division Notes: Do not oppose has no traffic management, parking or road safety implications. Consultee: Lezayre Parish Commissioners Notes:** Refuse ---
The site Allandale, Ballamanagh Road, Sulby, is indicated within the red line on the submitted location plan, on the northern side of the Ballamanagh Road and southeast of Sulby Village.
The application site is within the area covered by the Sulby Local Plan Order 1998. Under this the application site is within an area recognised as being in an area of open space (including agriculture). Under the Isle of Man Development Plan Order 1982 the site is also within an area of high landscape value.
The following policies are therefore considered relevant in the consideration of this application:
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"General 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:
The previous planning applications are considered relevant in the assessment and determination of this application:-
Erection of a two storey extension (comprising an amendment to 07/00003/B) 09/00797/B APPROVED
Erection of a dwelling - 08/01431/B - REFUSED on the following grounds:-
Reserved matters application to erect a barn - Allandale Farm, Ballamanagh Road, Sulby -08/00524/REM - APPROVED
Retention of vehicular access - Allandale Farm, Ballamanagh Road, Sulby - 07/00303/R - APPROVED
Approval in principle for the erection of a barn - Allandale Farm, Ballamanagh Road, Sulby - 06/01803/A - APPROVED
PROPOSAL
The application seeks approval for the retention of existing portakabin for use as ancillary living accommodation.
REPRSENTATIONS
Lezayre Parish Commissioners have objected on the following grounds:-
"The Commissioners feel that since the approval of the extension to the property 09/00797/B (amendment to PA 07/003/B) this portakabin providing ancillary living accommodation should not be approved."
The Department of Transport Highway Division do not oppose:-
"Do not oppose has no traffic management, parking or road safety implications."
The owners/occupiers of 11 Mull View, Kirk Michael (owner of the directly adjacent site) has objected to the proposal on the following grounds; proposal would be too close to neighbouring site which has AIP for a dwelling; the site is already littered with caravans/fast food vans and derelict vehicles which is a eyesore and with the portakabin it is detrimental to the countryside; and the land is for agricultural.
The portakabin is proposed to be used for friends and relatives to sleep and shower, whilst any food and cooking would be carried out in the main house. The applicants state the cabin is for convenience at present and not for a very long term use. The cabin which is 9 metres in width, and has a depth of 4.2 metres, has been cladded with slab wood to improve the appearance from its original portakabin appearance.
Firstly, dealing with the principle of additional living accommodation within the site, as indicated within the planning history section of this report, there has been a recent refused application for a new dwelling within the application site on planning policy grounds that the application site is not designated for new residential development and the design of the dwelling was considered unacceptable.
This application now under consideration for additional living accommodation ancillary to the main house could be considered tantamount to the creation of a new dwelling in the countryside in terms of its use and size. The applicants have indicated that the unit would be used for showering and sleeping and cooking would be provided within the main dwelling house. Whilst this could be their intentions, it would be extremely difficult for the planning authority to ensure this use continued, as kitchen facilities could easily be installed, given the size of the portakabin, which is large enough to create a one bedroom independent unit. The portakabin is 23 metres from the main dwelling house which is again a reason for concern that the unit is tantamount to the creation of a new separate dwelling in the countryside given this distance. Additionally, fronting the unit is a garden area and planting which further gives evidence the proposal is not ancillary. Also the proposal is outside what the planning authority would regard as the residential curtilage of the main dwelling house; therefore, for the reasons indicated the scheme would create a new separate residential curtilage. Whilst a condition could be attached tying the occupation of the new building to that of the main house, the fact remains that it could be 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 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 Sulby Local Plan. Secondly, General Policy 3 of the Isle of Man Strategic Plan, states exceptions for development within such areas, which the proposal
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does not comply with. 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.
In terms of its design, any new developments, whether they are new dwellings, extensions to existing properties or garage/outbuildings within the countryside, should take into account the form, finish and design of the main house. Within Planning Circular 3/91, it states that:-
"Outbuildings and detached garages should be given as much consideration in their appearance as main buildings. They should match the main structure by the use of similar external materials and building forms and be directly linked if possible to any external boundary walls."
The proposal is a flat roofed portakabin, which has been cladded in slab wood. The main dwelling house is a traditional designed Manx farm house, finished with render and a slate pitched roof. The cladded portakabin shares no features in terms of design or finishes with the existing dwelling and consequently appears as an incongruous feature within the landscape, contrary to Planning Circular 3/91. Also given its design, finish and appearance the unit does harm the character and quality of the landscape, therefore contrary to Environmental Policy 2 of the Isle of Man Strategic Plan.
RECOMMENDATION
In conclusion, the application site is not zoned for development and the proposal is contrary to established general planning policy, General Policy 3 of the Isle of Man Strategic Plan. Additionally, it is considered the proposal would be an intrusive feature within the countryside given its size, finish and design contrary to Planning Circular 3/91 and Environmental Policy 2 of the Isle of Man Strategic Plan. Approval of this application 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:
Recommendation Recommended Decision: Refused Date of Recommendation: 28.10.2009 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
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
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planning policy within the Isle of Man Strategic Plan, Sulby Local 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.
R 2. Due the design, size and finish, the portakabin results in an adverse visual impact upon the character and quality of the landscape and introduces an incongruous visual intrusion in the countryside contrary to both Planning Circular 3/91 and Environmental Policy 2 of The Isle of Man Strategic Plan.
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 : Refused Date : 19 November 2009
Signed : ______________________________ Senior Planning Officer
19 November 2009
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