DEC Officer Report

Application No.: 22/00183/B Applicant: Mr & Mrs Gregory Wright Proposal: Erection detached outbuilding. Site Address: Copper Top 1 Booilushag Ballajora Ramsey Isle Of Man IM7 1BD Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 26.04.2022

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. The detached outbuilding hereby approved shall only be used only in association with the main dwelling house "Copper Top" and for purposes incidental to the use of main dwelling house "Copper Top" as a single dwelling, for no commercial purposes and shall not be occupied as an independent dwelling unit and only in accordance with the internal layout shown on plan 16 1159 01/OB.

Reason: the dwelling is within a single residential plot and the application does not propose to create separate units of accommodation within the site and has not been considered as such.

This application has been recommended for approval for the following reason. The proposal complies with General Policy 2 of the Isle of Man Strategic Plan 2016 and in turn the Residential Design Guidance 2021.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 15th February 2022;

• o Drawing No. 16 1159 01/OB
• o Drawing No. 16 1159 02/OB

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

"Sea Point," Booilushag as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (January 2020). _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of "Copper Top," Booilushag, Ballajora, Ramsey which is a detached two storey property located to the Eastern side of the Booilushag Estate. - 1.2 The Booilushag Estate is characterised by a mix of dwellings of different form, layouts and appearance, along this road the majority of the dwellings are detached bungalows. Set onto the hillside the estate slopes down towards the coastline and Port Mooar. The estate benefits from mature planting in the rear gardens and along the roads. THE PROPOSAL

2.1 The current planning application seeks approval for the erection of an L shaped structure to the South of the site, within the side garden. The structure will measure approximately 9.3m by 7.3m with an overall height of 3.9m from the lowest ground level point and 3.4m from the highest ground level point. The structure will have a low pitched roof and a covered patio measuring 3m by 5m. - 2.2 The proposed structure is to provide a garden room/office/gym with hot tub area, porch, shower and covered patio. - 2.3 The structure is to be clad in cedar or larch cladding which is to be left to weather naturally. The proposed roof is to be terracotta plain tiles. - 2.4 Whilst not shown on this application, it should be noted that several works were within the site which requires Planning Permission, of which the applicants are aware of this. PLANNING HISTORY

3.1 The previous applications are not relevant in the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as Predominantly Residential on the Isle of Man Development Plan 1982 - North Map. The property is not within a Conservation Area nor a Flood Risk area.

4.2 Given the nature of the residential property and the land designation paragraph 8.12.1 and General Policy 2 from the Isle of Man Strategic Plan 2016 are most relevant to its assessment which set out the general standards towards acceptable development. - 4.3 The recently released Residential Design Guidance 2021 is also a material consideration particularly those parts in respect of good neighbourliness and overlooking. REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state "No Highways Interest." (03.03.22) - 5.3 Garff Commissioners have considered the proposal and state they have no objection. (09.03.22) - 5.4 The owner/occupier of "Seapoint," Booilushag have written in to object against the proposal stating, "The proposed building, at the location shown on the plans, will take light from our property as it stands only 1 metre from the boundary-line, and 4 metres from the wall of our garage, which is the start of our house. The works proposed will have an imposing presence, and will take light from our property." (17.03.2022) ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - character and appearance (GP2, b,c)
• - impact on neighing amenity (GP2, g)

- 6.2 CHARACTER AND APPEARANCE

• 6.2.1 There is a general presumption in favour of extensions or alterations to existing properties as per Paragraph 8.12.1 of the Isle of Man Strategic Plan, where such works would not have an adverse impact on either adjacent properties or the surrounding area in general.
• 6.2.2 In the case of this application the proposal is to erect a timber clad structure which will provide additional ancillary space within the curtilage of the property, structures such as this are common place within residential environments and whilst the proposal is large in size, it is sized in relation to the main dwelling/ garden space available. Also due to its proposed location upon the site and its overall height the likelihood of the property from being seen from the main Ballajora road will be minimal.
• 6.3 NEIGHBOURING AMENITY

• 6.3.1 Turning towards neighbouring amenity, it should be noted that the neighbouring property situated to the South of the property have raised an objection regarding loss of light from the structure due to its placement and overall size. The proposal due to where it is to be situated will be dug into the ground, so the covered terrace area is at ground floor level to the main property.
• 6.3.2 It can be seen that "Sea Point" is situated at a slightly higher elevation than "Copper Top," with this in mind and with the mature hedging surrounding this part of the site, including the fact that the closest structure within the curtilage of "Sea Point" is their garden, amounts to there being a minimal impact upon the light of the neighbouring property.

• 6.3.3 As such the proposal is deemed not to be increasing the impact upon the neighbouring amenity above and beyond what is already in situ to warrant refusal. CONCLUSION

7.1 The proposed structure is deemed acceptable in terms of their form, mass and design by providing a suitable structure to an existing residential property and as such complies with General Policy 2 and in turn the Residential Design Guidance 2021. 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 can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 27.04.2022 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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