DEC Officer Report

Application No.: 21/00494/B Applicant: Mr Iain Douglas Mack Proposal: Replacement of existing garage with new garage and guest accommodation above and alterations to driveway Site Address: Ballaterson Manor Ballaterson Beg Ballaugh Isle Of Man IM7 5BN Planning Officer: Mrs Vanessa Porter Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 15.09.2021 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting showing, type, size and position of each and existing landscaping (i.e. roadside hedgerow). All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.
• C 3. The accommodation within the garage hereby approved shall be used only for purposes incidental to the enjoyment of 'Ballaterson Manor' as a dwellinghouse. No separate curtilage shall be formed and the residential annex shall at no time be used as an independent dwellinghouse.

• Reason: The application has been assessed only in terms of this restricted use only and any other use would be contrary to polices in the Strategic Plan 2016 regarding new residential development in the countryside.
• C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken in accordance with Class 16 Fences, walls or gates of Schedule 1 of the Order at any time.

Reason: With exception to the boundary fencing approved as part of this application, any subsequent fencing to be installed at the site shall be subject to a separate application to control future development and prevent any separation of the site.

This application has been recommended for approval for the following reason.

The development is considered to accord with Housing Policy 15 & 16, Strategic Policy 5, General Policy 2, Environment Policies 1 & 3 and Transport Policy 7 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 10th April 2021: o Drawing No.IM-21-01

This decision also relates to drawing No.'s IM-21-01 Revision D and IM-21-02 Revision D which show the proposed new site plan and proposed floor plans and elevations, received on the 9th September 2021.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL

THE APPLICATION SITE

1.1 The application site is within the residential curtilage of Ballaterson Manor which is a large dwelling in the countryside situated to the East of Ballaterson Beg Road. The property is situated within its own grounds with a small cluster of structures (a farmhouse and holiday cottages) situated to the South East of the site. - 1.2 The property is accessed via a separate driveway which goes directly to the front of the property in a circular fashion and also to the existing separate double garage in a loop. - 1.3 Over time the property has had several extensions which has taken away some of the traditional sense of design that the original property had. THE PROPOSAL

2.1 The application seeks approval for the erection of a four car garage with living accommodation above to replace the existing double garage. To the ground floor level the garage will have four garage bays which are to have arch details to the front elevation and four windows to the rear elevation and one window to the south elevation. There is proposed a

• staircase situated to the north elevation which is the access to the first floor accommodation which will have an open plan living room/kitchen, bathroom and bedroom. 8 rooflights are proposed to the roof and a fake chimney stack.
• 2.2 The proposed garage will measure 15.7m by 7.4m with an overall height of 6.5m. The materials are to be a natural slate roof and rendered walls to match the existing property. The arches above the garage bays are proposed to be stone. PLANNING HISTORY

3.1 Several applications are associated with the site of which the most recent is PA13/00651/B, "Erection of extension to replace existing conservatory," which was Permitted. PLANNING POLICY - 4.1 The site lies within an area zoned as "Area of private woodland or parkland" and within an "Area of High Landscape or Coastal Value and Scenic Significance" on the 1982 Development Plan, North Map. The site is not within a Conservation Area nor a Flood Risk Zone.

4.2 Whilst the site is within an "Area of private woodland or parkland" the site is not within a "Registered Tree Area." - 4.3 In terms of the Strategic Plan (2016), paragraph 8.12.2 states, "As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside". - 4.4 The key policies for this application are Housing Policy 15 due to the traditional elements of the property, which states (in full), "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)" and Housing Policy 16 due to the non-traditional parts of the property, which states (in full), "The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public." - 4.5 There are a number of other relevant policies, as summarised below.

• - Strategic Policy 5 sets out that new development should make a positive contribution to the environment of the Island.
• - General Policy 2 sets out general 'Development Control' considerations which are arguably relevant even where a proposal is not in accordance with the land-use designation including design (respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them), wider impact (the amenity of local residents or the character of the locality) and parking/access/highway safety.
• - General Policy 3 of the Isle of Man Strategic Plan 2016 indicates development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than a number of stated exceptions, which do not include the extension of existing dwellings.
• - Environment Policy 1 seeks to prevent development which would adversely affect the side other than in exceptional circumstances.

• - Environment Policy 2 seeks to prevent development within "Area of High Landscape or Coastal Value and Scenic Significance" from harming the character and quality of the landscape.
• - Environment Policy 3 seeks to prevent the unacceptable loss of or damage to woodland areas.
• - Transport Policy 7 seeks that in all new development, parking provisions must be in accordance with the Department's current standards.

4.6 Other material considerations for this application is the Residential Design Guidance (2021) which, although focused on dwellings within settlements, does offer advice in relation to the impact on neighbours and also Planning Policy Statement 3/91 which provides guidance on the design of residential development in the countryside.

REPRESENTATIONS

5.1 The following representations can be seen online in full,

5.2 Highway Services have considered the application (4.06.21, 1.09.21, 09.09.21) and state, "The revised layout shows significant reduction in the amount of hardstanding. This would be sufficient size to allow parking and turning in advance of the proposed garage. Accordingly HDC continue to not oppose this proposal."

5.3 No comments have been received from Ballaugh Commissioners at the time of writing this report. ASSESSMENT - 6.1 The main issues to consider in the assessment of this planning application are:

• - principle of development (GP3, EP1 and HP16);
• - character and appearance (GP2, HP15, HP16)
• - impact on landscape and environment (EP1, EP3)
• - highway matters (GP2, TP7)
• - other material considerations

- 6.2 PRINCIPLE OF DEVELOPMENT

• 6.2.1 In the first instance the principle of the development needs to be addressed. Ballaterson Manor is situated on a site which is not designated for development and is a site which lies in the countryside where development is restricted, in order to protect the countryside for its own sake. Whilst GP3 allows for some exceptions within the countryside the proposed garage and accommodation does not fit within any of these categories.

• 6.2.2 Whilst there is nothing within the Strategic Plan on new development in the form of detached garages, there have been detached garages approved, in some instances where the garage would not have an undue impact on the countryside or undermine the rural character of an area. Furthermore the Permitted Development Order allows (subject to conditions) the erection of a double garage (6m x 6m); therefore there is a general acceptance to the principle of a garage to properties within the countryside (i.e. land not designated).
• 6.2.3 Whilst the principle in general is acceptable, it is required to see whether a garage on this site would be acceptable.
• 6.2.4 It has been acknowledged during the site visit and via emails that the proposed garage is required for the applicant's car collection and that the upper floor accommodation is to be used for ancillary accommodation for family friends and family when they come over to visit.

• 6.2.5 Initially there were concerns with the application and the overall principle due to the possibility of separation, this was due to the overall size of the development and the clear boundaries between the proposed garage/ accommodation and the main dwelling. A revised drawing was received which showed a three car garage and a reduced ancillary accommodation, which was acceptable with alterations to the driveway. The scheme was then amended whereby the garage returned to its original 4 bay garage but with dormers on the upper floor, which together with the amended site layout remains acceptable.
• 6.2.6 There was a recent Appeal for PA19/01401/B which was for a garage extension within the countryside that was refusal on appeal for the following reasoning, "The proposed garage extension would be on land that is not zoned for development and would facilitate the use of an enlarged garage building as an independent dwelling contrary to General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2016." The proposed garage extension here was on a much smaller scale to the one proposed at Ballaterson Manor and as such the possibility of separation needs to be looked at in detail.
• 6.2.7 Whilst the information provided by the applicant states that they will not separate the dwelling, no one knows what the future holds. Further drawings after the drawings with the dormers were received which took on board the possibility of separation and removed the following items, the parking to the front of the main dwelling, so that all parking in now in front of the garage, the removal of the feature windows within the garage which lend themselves to a residential feel and the removal of the attic store which in turn makes the overall development smaller.
• 6.2.8 These items alone do not remove the possibility of separation from the main dwelling but assist the garage/ancillary accommodation in being one unit with the main dwelling. With this in mind separation conditions should still be attached to the application.
• 6.2.9 On balance the principle is acceptable and the possibility has been reduced and as such the principle is acceptable. 6.3 CHARACTER AND APPEARANCE

• 6.3.1 Turning towards the character and appearance of the proposal. During the officers site visit it could be seen that whilst there is a cluster of buildings to the South East of the site, these were shielded by the mature trees that were on the site, as such due to the properties location there are no public vantage points of the proposed garage/accommodation. This does not mean that because the property cannot be seen from a public vantage point that bad design is acceptable.
• 6.3.2 As stated in section 1 of this report the main dwelling has had several extensions over a time and as such whilst there are still some traditional features to the property, there are more non traditional features. The proposal overall has been designed to match the main dwelling with the materials such as the roof covering and rendering matching the main dwelling. The proposed curved stonework above the garage doorways will add interest to the overall property.
• 6.3.3 Overall the proposal is in keeping with the main dwelling and with the removal of several aspects now gives the overall feel of a garage with upper accommodation and not a new dwelling in the countryside. As such the character and appearance of the property is acceptable.
• 6.4 IMPACT ON THE ENVIRONMENT

• 6.4.1 As stated in section 4 of this report, the site itself is in an area zoned as woodland and whilst there are no registered trees on the site, EP3 is still a relevant policy. This is especially noted with the supporting text to EP3 stating in part, "The Island has a number of small woodlands in both private and public ownership, both of which are important for the

• appearance and visual amenity of the Island's countryside. Woodlands add variety to the landscape and are valued for their historic qualities and nature conservation interest. They should not be removed, damaged or fragmented and the Department will encourage additional broadleaf planning where appropriate…"
• 6.4.2 Whilst there is not a lot of woodland on the site it can be seen from further afield main roads, such as the Ballacrye Road. It could be seen from the officer's site visit and the proposed site plan that the main cluster of trees are a suitable distance away from the proposed garage/ accommodation and as such the application is acceptable in terms of EP3.

- 6.5 HIGHWAY MATTERS

• 6.5.1 When looking at the proposed site plan, to assist in the proposed garage/ accommodation having less likelihood of separation there has been a substantial reduction in the overall parking proposed for the property, with the area in front of the main dwelling now being landscaped and not gravel. The reduction in the parking area is acceptable and Highway Services have confirmed that it would still leave enough space for parking and manoeuvring.

6.6 OTHER MATERIAL CONSIDERATIONS

• 6.6.1 Other material considerations have been looked at as part of this report and they have been deemed acceptable. CONCLUSION
• 7.1 Overall as discussed in the assessment part of this application, the proposed garage/ accommodation is deemed acceptable in principle, with the impact of the environment, highway matters and other material considerations being acceptable. Whilst the above is the case, conditions should still be attached to avoid any future possible separation of the dwelling. INTERESTED PERSON STATUS
• 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 04.10.2021

Signed : C BALMER Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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