Officer Report

Application No.: 15/01114/B Applicant: Mr Kevin & Mrs Diana Wilson Proposal: Demolition of existing and erection of a replacement detached garage with extension to existing hard standing Site Address: White House Poortown Road St Johns Isle of Man IM4 3NQ Case Officer : Miss Melissa McKnight Site Visit: 29.10.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of White House, a two storey traditional Manx dwelling located on the northern side of Poortown Road, St Johns. - 1.2 The dwelling has had two dormer windows installed on the front roof slope that does alter the traditional appearance of the dwelling but not to a scale that would completely result in the dwelling not appearing as traditional. To the east of the dwellinghouse is a flat roofed single detached garage.

2.0 THE PROPOSAL - 2.1 The current planning application seeks approval for the erection of a replacement garage. - 2.2 The existing garage has a width of 2.7 metres, length of just less than 4.8 metres and a height of 2 metres. The proposed garage would have a width of just less than 5.5 metres, length of 6 metres and ridge height of 4.4 metres. The proposed garage would be finished in painted sand and cement render with the roof finished in natural slates to match the existing dwelling. - 2.3 It is also proposed to increase the area of hardstanding within the curtilage of the site.

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of two previous planning application which have been listed below:

PA 14/00902/B: Erection of an extension to replace existing conservatory to side elevation. This previous planning application was permitted.

PA 14/00666/B: Erection of a two storey extension to replace existing conservatory. This previous planning application was refused on the grounds that due to the size, design and massing of the extension the proposal would not respect the proportion, form and appearance of the existing property and would be contrary to Housing Policy 15 of The Isle of Man Strategic Plan.

4.0 PLANNING POLICY

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4.1 The application site lies within an area zoned as part Woodland and Open Countryside identified under the 1982 Development Plan. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan contains two policies that are considered materially relevant to the assessment of this current planning application:

General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10)
• b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11)
• c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment
• d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14)
• e) location-dependant development in connection with the working of minerals or the provision of necessary services;
• f) building and engineering operations which are essential for the conduct of agriculture or forestry
• g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and
• h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."

5.0 REPRESENTATIONS - 5.1 German Parish Commissioners have no objection to the current planning application (19/10/2015). - 5.2 The Department of Infrastructure Highway Services do not oppose the current planning application (09/10/2015).

6.0 ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this current planning application are the impacts of the garage upon the woodland and character and appearance of the area. - 6.2 The site is within an area which is not zoned for further development and whilst there are no policies in the Strategic Plan which relate specifically to the erection of garages, there is an existing garage in situ and it is reasonable to have a garage within the curtilage of their property. It should also be acknowledged that there is provision within the Town and Country Planning (Permitted Development) Order 2012 for the erection of a garage within the curtilage of a dwellinghouse. - 6.3 Class 17 of the Town and Country Planning (Permitted Development) Order 2012 sets out the provisions for the erection of a private garage or car port within the curtilage of a dwellinghouse without the need to apply for planning permission. Class 17 states that there must only be one private garage or car port within the curtilage of the dwellinghouse; the eaves level must be no higher than 2.9 metres; the roof pitch must match that of the main dwellinghouse; the maximum width and length must not exceed 6 metres; no part of the garage or car port may project beyond the forward most part of the dwelling which fronts onto a highway; every part of the garage or car

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port must be a minimum of 6 metres from a highway including a rear or side lane; no part of the garage or car port may be within 1 metre of the boundary of the dwellinghouse; and if detached, the garage or car port must not be used for general living or sleeping purposes.

6.4 The garage proposed under this scheme would comply with all the provisions set out under Class 17 of the Permitted Development albeit for the garage being within 1 metre of the boundary and therefore planning permission is required. - 6.5 The existing garage is positioned 9 metres from the highway and is not readily visible from the highway given the height of the garage, the height of the front boundary treatment and existing planting within the curtilage of White House. The proposed garage would be 7.8 metres from the highway and would be almost 2.3 metres taller than the existing. - 6.6 As a result of the height increase, it is inevitable that the gable and roof of the proposed garage would be visible from Poortown Road. Although the garage would be visible, the level and scale of development is not considered to be of that that would result in an obtrusive feature. The garage would replace and existing built structure and would measure slightly under the allowed Permitted Development size for a garage. The garage proposed under this scheme is of a design, form and appearance that is a significant improvement over the existing and as such is considered to enhance the appearance of the site. - 6.7 It would appear from a site visit and from aerial photographs that the proposed garage may result in the loss of some shrubbery and small trees. It is not apparent that the proposed garage would result in the damage to any established trees within the curtilage of the site or outside of the site. Furthermore, the application for planning approval form also confirms that no trees would be affected as a result of the proposal. To ensure the protection of the established trees within close proximity to the development area, it is felt appropriate to attach a condition to erect protective fencing around the existing trees during construction works.

7.0 RECOMMENDATION - 7.1 For the reasons set out above, the development proposed is deemed acceptable and as such it is recommended that the planning application be approved.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considered material, in this case, Department of Infrastructure Highway Services; (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

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Recommended Decision: Permitted Date of Recommendation: 02.11.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• 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. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees along the eastern boundary of the application site and to the western side of the existing driveway. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works. Reason: To safeguard the existing trees and planting to be retained within the site.

This approval relates to Drawing Number: 01, 02, 03, 04 and 05 all date stamped 2nd October 2015.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 04.11.2015 Determining officer

Signed : J CHANCE Jennifer Chance Head of Development Management

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