Core Refusal Reason
The development represents a material contravention of the Z9 zoning objective, as ancillary residential use is not a permissible use on these lands, and the structures are visually incongruous and prominent forms that fail to protect the character of the residential conservation area.
Decision Maker's Conclusion
- The retention of the timber studio and metal shed on Z9 zoned land is a material contravention of the development plan as ancillary residential uses are neither permissible nor open for consideration in this zone.
- The scale, materials, and prominent location of the structures are visually obtrusive and inconsistent with the established masonry character of the Bull Wall Cottages and the surrounding residential conservation area.
- While the extended platform is an addition to a pre-existing structure, its overall prominence is not subordinate to the parent dwelling and contributes to the visual injury of the sensitive coastal landscape.
Cited Policies (CDP)
Zone Z2 (Residential Neighbourhoods - Conservation Areas)Zone Z9 (Amenity, Open Space Lands/Green Network)Section 14.4 (Zoning Guidance)Section 14.5 (Non-conforming uses)Section 14.7.9 (Z9 Zoning Objectives)Policy BHA9 (Conservation Areas)Section 15.15.2.2 (Conservation Areas)Appendix 18 (Ancillary Residential Accommodation)Policy GI9Policy GI11Policy GI19Policy GI20Policy GI35Policy GIO19
Decision Document Summary
This report concerns an appeal against the refusal of retention permission for a timber art studio, a steel shed, and an extended timber platform at 3, 4 & 5 Bull Wall Cottages, North Bull Island. The site is uniquely located within a National Special Amenity Area (SAA) and a Residential Conservation Area. The Inspector identified a critical zoning conflict, noting that the structures are located on land zoned Z9 (Amenity/Open Space), where residential ancillary use is prohibited. Beyond the zon...SOURCE PDFOpen Original
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