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{{table:156286}} ### Considerations {{table:156287}} ### Written Representations ### Consultations {{table:156288}}
The applications site forms an existing building within the residential curtilage of The Garth, Garth Road Crosby. The existing building is a stone built, two storey structures with stores to the ground floor and a two bedroom apartment to the first floor. The building is separated from the main dwelling by a courtyard with shared parking area.
| Application No.: | 07/00089/B |
| Applicant: | Mrs P Hazell |
| Proposal: | Refurbish / convert and extend Garth Flat to provide additional living accommodation and swimming pool (Re submission of 05/92215/B) |
| Site Address: | The Garth Flat Garth Road Crosby Isle Of Man |
| Case Officer: | Mrs F Mullen |
| Photo Taken: | |
| Site Visit: | 05.12.2006 |
| Expected Decision Level: | Planning Committee |
| Consulttee: | Highways Division |
| Notes: | Do not oppose |
| Consulttee: | Marown Parish Commissioners |
| Notes: | No objection |
The site is located outside an area zoned for further development within the 1982 Development Plan Order.
The following previous applications are considered relevant to this application:
PA 98/0110 – Alteration and extension to dwelling including garage, entrance and landscaping works. Approved initially 2nd June 1998.
PA 05/92215/B – Alterations and extension to existing outbuilding to provide additional living accommodation and swimming pool. Refused initially 6th March 2006, decision split at Appeal with the alterations and extension to existing outbuilding to provide additional living accommodation approved, and the construction of swimming pool refused.
The application seeks approval for the conversion of the ground floor of the existing outbuilding to include a lounge, kitchen laundry and treatment room, and the first floor accommodation re-arranged to provide further living room and bedroom. It is further proposed to construct a swimming pool extension with plant room and changing room. The swimming pool would be constructed with traditional stone walling and slate roof. The alterations and extensions to the living accommodation have not been undertaken and it is understood that it is the applicant's intention not to proceed with that scheme.
The Department of Transport Highways division advise that they do not oppose the application and Marown Commissioners advise that they have no objections to the proposal. The SPMCE do not object and the Isle of Man Water Authority request a standard note be attached should planning permission be granted. The Chief Fire Officer requests that the applicant consult with the Fire Safety Department with regard to means of escape.
The previous application proposed a swimming pool extending from the store/living accommodation, with orangey and patio area and treatment and changing room. In addition, it was proposed to extend the living accommodation by the additional of a lounge area with terrace above at first floor level.
At the time of the previous appeal, the Inspector considered that the extension to the living area was of modest scale that would not significantly harm the character of the locality.
With regard to the swimming pool, the Inspector considered that this would be contrary to the guidance contained within Planning Circular 3/89 – Renovation of Buildings in the Countryside in assessing the proposal as an extension to a conversion. He further stated that "Although the proposed swimming pool building would be at the rear of the existing outbuilding and could be screened by trees, the principle of constructing such a large building in the countryside would be both contrary to Government policy and cause significant harm to the character of the rural area.
The swimming pool would extend from an existing building now used as ancillary accommodation in association with The Garth, this use being tied by condition under PA 88/00801/B. However, as can be seen from the proposed accommodation within the existing building, the treatment room would now be located within the building as opposed to within the swimming pool building. In addition, the large lounge extension which was previously approved is now omitted from the proposal.
Within the landscape, the existing building is screened although other buildings on the site can be seen. In addition, given that the proposed swimming pool extension would be constructed in stone with a slate roof, it is considered that this building will not be overly prominent or dominant within the landscape and whilst it is submitted that this building would not visible within the landscape, the
form and material of the building would allow in any case, for the building to blend within the landscape.
The fact that a building would not be visible within the landscape is not, however sufficient justification to warrant the setting aside of policies adopted to protect that countryside. Planning Circular 3/89 states: "Where a new use is proposed, the applicant must demonstrate that such a use would be completely compatible with adjoining established uses, or, where appropriate, land-use designations on the Development Plan." It is considered that the use is acceptable in association with the residential use on the site and may be conditioned for use as such. Whilst the site is not zoned for further development in the 1982 Development Plan Order, it is nevertheless accepted that there is a residential use on the site, and as such the proposal is not considered to be contrary to the development plan for that area.
In general, applications to construct swimming pool extensions propose the extension to be attached to the existing residential use. The dwelling on the site is relatively modest compared with surrounding properties and it is therefore considered that to extend the dwelling by the addition of a swimming pool building of the dimensions proposed would detract from the appearance of the dwelling, the extension to the ancillary accommodation being considered a more appropriate siting.
It is recommended that the application be approved.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status:
Accordingly, the following parties are not afforded interested party status:
Recommended Decision: Permitted
Date of Recommendation: 02.05.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the plans and information submitted as part of this application and date stamped 17th January 2007.
C 3. The roof(s) must be finished in dark natural slate.
C 4. The swimming pool and ancillary accommodation hereby approved may be used in association with the main dwelling, The Garth, Garth Road, only and not for any commercial or business use.
C 5. No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction.
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 dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
N 1. The applicant is advised to consult the Fire Safety Department as the proposal may fall within the scope of the Fire Precautions (Flats) Regulations 1996.
N 2. For a change in the water supply to premises (domestic or commercial) the applicant should contact the Isle of Man Water Authority Byelaws Inspector (Michael Karren), telephone 695957.
Decision Made : ... Committee Meeting Date : ...
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