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Application No.: 08/01228/B Applicant: Mr \& Mrs D Burns Proposal: Conversion of redundant cottage to granny flat accommodation Site Address: Kissacks Croft Clenagh Road Sandygate Ramsey Isle Of Man IM7 3AE ### Considerations Case Officer : Mr Chris Balmer Expected Decision Level: Planning Committee ### Written Representations ### Consultations Consultee : Inland Fisheries Development Manager Notes: Comments received Consultee : Highways Division Notes: Do not oppose Consultee : Jurby Parish Commissioners Notes: No Objections Consultee : Chief Fire Officer Notes: Note received
The site represents the curtilage of Kissacks Croft, Clenagh Road, Sandygate. Within the application site there are a number of buildings, the largest is the single storey detached bungalow Kissacks Croft, also there is an outbuilding (stables/storage) and the redundant cottage which is located northwest of Kissacks Croft which is the building which is the subject of this application. The whole site is located on the western side of the Clenagh Road, and south of the Sandygate Crossroads.
The site has been zoned under the Isle of Man Development Plan Order 1982 as being within an area of 'White Land'; the site is neither within a Conservation Area nor within an area zoned as High Landscape Value or Costal Value and Scenic Significance.
Planning History The following previous planning application is considered relevant in the assessment and determination of this application: Approval in principle for the conversion of existing outbuilding to ancillary living accommodation - 08/01229/A - PENDING CONSIDERATION Construction of movable animal shelter - 89/01221/B - APPROVED Construction of access road - 86/00081/B - APPROVED Erection of three-bedroom bungalow with garage - 85/00444/B - APPROVED - Attached with the following condition:- "C8. The original cottage must never again be used for habitable accommodation to the satisfaction of the Committee." Alterations and extensions to existing cottage to form four bedroom bungalow and garage - 84/00349/B - APPROVED
PROPOSAL
The application seeks approval in principle for the redundant cottage into a granny flat.
REPRSENTATIONS
Jurby Parish Commissioners:-
"No Objection"
Highways Division has no objection subject to the following conditions:-
"To provide 2 metres x 85 metres to the right of the property.
One off street parking space is required for this development."
Inland Fisheries (DAFF):-
"Development must be a minimum distance of 8 metres from the watercourse in order to minimise the risk of damage or disturbance to the river banks and river bed. Measures must be in place during construction works to safeguard the watercourse from run-off and sedimentation."
The Authority has received no private representations objecting to the application.
ASSESSMENT
Due to the location, zoning and the proposed development the following planning policies need consideration:-
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:
on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
Housing Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
Housing Policy 11: Conversion of existing rural buildings into dwellings may be permitted, but only where:
Such conversion must:
Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form. Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character.
Consideration needs to be given to the condition which was attached to application 85/00444/B. This required the original cottage not to be used for habitable accommodation. Visiting the site it is apparent that the property currently provides some living accommodation and therefore contravening condition 8 of the previous approved application.
This is a fairy unusual situation, if planning application 85/00444/B (which granted permission for the replacement dwelling) was being considering now, using current planning polices, the Authority would require the existing dwelling to be demolished upon first occupation of the proposed dwelling rather than merely that the habitable accommodation of that building ceased.
In this case, whether it has or has not been used for habitable accommodation in breach of condition, it is considered the old cottage could not really be used for any other purpose, unless significant alterations were made (which might facilitate its use for garaging).
The applicants have stated that they have lived in the Bungalow known as "Kissacks Croft" for the last 22 years. They rented the property from the original owners for 15 years and have owned the property for the last 7 years. For approximately 17 years the original stone cottage was used as a workshop/storage with the applicant keeping up with general maintenance and repair to ensure that the cottage remained watertight. For approximately the last 5 years the cottage was painted internally and used as a general Play Room for their children, hence the furniture, etc. In the last 22 years the original cottage has not been used as full ancillary living accommodation/granny flat, hence the pending planning application to try and establish the use of the original cottage as ancillary living accommodation to "Kissacks Croft".
Regard needs to be had to the thinking behind the planning condition attached to planning application 85/00444/B, however the proposal should be determined using the relevant planning policies within the Isle of Man Strategic Plan.
The existing property would seem to be in good condition and would appear to have all services connected. The single required parking space can be easily accommodated within the existing curtilage of Kissacks Croft given the existing parking layout and large driveway. One of the Highways Division's conditions states; "To provide 2 metres x 85 metres to the right of the property". It is presumed that, this relates to a lane being provided from the existing driveway to the outbuilding, which is in connection with application 08/01229/A.
It is understood that the purpose of the condition attached to planning application 85/00444/B was to ensure that the bungalow then approved as a replacement dwelling was in fact a replacement rather than an additional dwelling. This required the then existing residential use of the original cottage to cease. It would be reasonable to assume that permission would not have been granted in the absence of that condition. Bearing this in mind and also having regard to the fact that the building would not comply with Strategic Plan Policy H11 if proposed as a separate dwelling and that the proposed accommodation would share external amenities (garden, parking etc) with Kissacks Croft, a condition should be attached which states: - "The proposed granny flat may be used only in association with the main dwelling house "Kissacks Croft" and for purposes ancillary to the use of main dwelling house "Kissacks Croft" as a single dwelling. It shall not at any time be occupied independently of "Kissacks Croft"". Use of the property as an independent dwelling not connected with "Kissacks Croft" would be contrary to Strategic Plan Policy 11 as the building is neither demonstrably redundant or of architectural, historic, or social interest
Overall, it is considered the proposal would comply with the relevant strategic polices and accordingly, it is recommend the application for an approval.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Jurby Parish Commissioners Highways Division Inland Fisheries (DAFF)
Recommendation
5 November 2008
08/01228/B
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the conversion as proposed in the submitted documents and drawings 08 0397/1 and 08 0397/2 all received on 25th June 2008.
The proposed granny flat may be used only in association with the main dwelling house "Kissacks Croft" and for purposes ancillary to the use of main dwelling house "Kissacks Croft" as a single dwelling. It shall not at any time be occupied independently of "Kissacks Croft".
In the interests of road safety one off street parking space is required to be provided and retained to serve the approved granny flat.
Decision Made : Committee Meeting Date :
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