DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00843/B Applicant: Mr Garrick Morris Proposal: Erection of summer house with decking (Retrospective) Site Address: Ballawillyn Cottage Patrick Road St Johns Isle Of Man IM4 3BR Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 05.09.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason. Overall and on balance, the application is considered to accord with Environment Policy 1 and Environment Policy 2 of the Isle of Man Strategic Plan.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 7th July 2022;

• o Drawing No. SK 001
• o Drawing No. SK 002 _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is the residential curtilage of Ballawillyn Cottage, Patrick Road, St Johns, which was a traditional cottage but has been extended on both sides quite significantly.

1.2 The position of the dwelling above the highway and also the significant number of trees that enclose the property, the dwelling is well hidden from public positions / views. - 1.3 Due to the topography of the site, the rear garden of the site is situated upon several levels which are arranged upwards from North to South. THE PROPOSAL

2.1 The current planning application seeks retrospective approval for the erection of a summerhouse and decking to the rear elevation. 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 an "Area of Private Woodland or Parkland" on the 1982 Development Plan, South Map. The property is not within a Conservation Area or a Flood Risk Zone.

4.2 Given the nature of the residential property and the land designation the most relevant Isle of Man Strategic Policies are General Policy 3 which 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 exception, which do not include the extension of existing dwellings, General Policy 2 which sets out general 'development control' considerations and Environment Policy 1 which seeks that the countryside be protected for its own sake. - 4.3 The Department has published the Residential Design Guide (2021) which, although focused on dwellings within settlements, does offer advice in relation to impact on neighbours. REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summery;

5.2 Highway Services have considered the proposal and state they have no Highways Interest. (27.07.22) - 5.3 Patrick Parish Commissioners have considered the proposal and state they have no objection. (19.08.22) ASSESSMENT

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

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

- 6.2 PRINCIPLE

• 6.2.1 The site is not designated for development, nor does it meet the expectation criteria in General Policy 3. However, there is Permitted Development available for the erection of sheds, summerhouses and decking (with conditions). As such whilst the proposal does not specifically fit into any of the criteria for acceptable development (a-h) of General Policy 3, regard must be given to the reasonableness of General Policy 2 for the scale and siting of the proposed developments and any impacts on the neighbouring properties within the defined residential

curtilage. In this case it is also relevant to give weight to Environment Policies 1 which protects the countryside for its own sake and restricts development that would have an adverse visual impact on the countryside.

- 6.3 CHARACTER AND APPEARANCE

• 6.3.1 When looking at the proposed works in relation to the character and appearance of the main dwelling, streetscene and countryside, it can be seen that the dwelling itself is raised above the main Patrick Road. This means that there is a high likelihood that the proposed works will be seen from the main road is minimal.

• 6.3.2 The summerhouse and decking are items of a residential item which would be seen within the rear garden of a residential property, as such it is deemed that there would not be an impact upon the main dwelling, the overall streetscene or the countryside as a while.

6.4 NEIGHBOURING AMENITY

• 6.4.1 Turning towards neighbouring amenity, the property is situated at suitable distance from neighbouring properties, with the summerhouse and decking being situated to the rear. The use of the summerhouse and decking would be ancillary to the use of the main dwellinghouse and is not considered to result in a statutory noise nuisance over and above the existing use of the garden / dwellinghouse.

• 6.4.2 It is considered therefore considered, that there would be minimal impact on the living conditions of any of the surrounding adjacent neighbours due to the proposed design and use of the building in accordance with General Policy 2 (g). CONCLUSION

7.1 The proposed summerhouse and decking are acceptable in terms of their form, mass and design by providing a suitable extension and alteration to an existing residential property and as such complies with General Policy 2 and Environment Policy 1 of the Isle of Man Strategic Plan 2016. 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: 09.09.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.