90162

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                                      23/00295/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/00295/B Applicant : Mr Jason Bulliment Proposal : Variation of condition 4 of PA 21/00061/B for the removal of two trees Site Address : Borodaill Peel Road Glen Mooar Kirk Michael Isle Of Man IM6 1HL

Planning Officer: Mr Peiran Shen Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 21.05.2023 __

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. This approval relates to the extension and alterations of the existing property creating a larger property which may only be used as a single dwelling house, including those uses appertaining to dwellinghouses as set out in the Town and Country Planning (Permitted Development and Change of Use) (Development) (No.2) Order 2019 or any Order superseding this.

Reason: to control the creation of unauthorised dwellings in areas not designated for development.

C 3. The garage accommodation may be used only for the storage of vehicles or domestic items associated with the occupation of Borodaill as defined in red in the application and may not be altered or used other than as shown in the submitted drawings.

Reason: to protect the amenities of the countryside.

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                                      23/00295/B                                     Page  2  of  4

C 4. Within one month of removing either one of trees, a planting specificaiton for two trees shall be submitted to the Department and approved in writing. The plan should include the size, species and positions of two trees.

All planting in the approved planting scheme must be carried out in the first planting and seeding seasons following the removal of either one of the trees.

Within five years from the date the planting specifcation is approved, either or both trees dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.

This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2 of the Strategic Plan.

Plans/Drawings/Information;

This approval relates to the documents, existing and proposed site plan date stamped as having been received on 3rd March 2023. __

Interested Person Status - Additional Persons

None __

Officer’s Report

1.0 THE APPLICATION SITE 1.1 The application site is the Borodaill, Peel Road, Glen Mooar, Kirk Michael.

2.0 THE PROPOSAL 2.1 This application seeks a variation of the current planning permission 23/00190/B, granted 01.04.2021, for the variation of condition 4 of this permission to removal to two trees.

3.0 PLANNING HISTORY 3.1 Alterations and erection of an extension with integral garage was APPROVED under PA 21/00061/B. Condition 4 states: "No trees may be removed as part of the development hereby approved."

3.2 There are two other conditions attached to the approval, relating to using the proposal as a single dwelling and restricting the use of the garage.

4.0 PLANNING POLICY Local Plan 4.1 The site is outside areas designated for a specific use, meaning it is considered to be part of the countryside.

Strategic Plan 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: o General Policy 2 (f)

PPS and NPD 4.3 There is no relevant Planning Policy Statement or National Policy Directive that applies to this application.

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                                      23/00295/B                                     Page  3  of  4

5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance 5.1 There is no relevant strategy or guidance that directly applies to this application.

6.0 REPRESENTATIONS 6.1 Michael Commissioners have not commented at the time of the report (22.05.2023)

6.2 DoI Highway Services states there is no highway interest in this application (21.05.2023).

6.3 DEFA Forestry does not object to this application (18.05.2023).

6.4 DEFA Ecosystem Policy team requests that two native trees are to be planted (30.03.2023).

7.0 ASSESSMENT 7.1 The main consideration of this application is its impact on biodiversity and the environment.

7.2 As there is no objection from forestry, it is considered that the impact on the environment is acceptable.

7.3 In order to protection biodiversity, it is considered that a new condition will be attached for two native trees to be planted.

8.0 CONCLUSION 8.1 The proposal is considered to comply with General Policy 2 of the Strategic Plan. Therefore, it is recommended for an approval.

9.0 INTEREST PERSON STATUS 9.1 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 which 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.

9.2 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. __

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                                      23/00295/B                                     Page  4  of  4

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: 26.05.2023

Determining officer Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

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