Officer Report

Application No.: 18/00285/B Applicant: Dave Fellows Proposal: Change of use of land to the rear of property and the erection of retaining walls, fences and access steps Site Address: Highcroft Station Road St Johns Isle Of Man IM4 3AH Planning Officer: Miss Lucy Kinrade Photo Taken: 24.10.2018 Site Visit: 13.07.2018 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.10.2018 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

Plans/Drawings/Information;

This approval relates to: drawing numbers 18-2672-05, 18-2672-06, 18/2672/02, 18/2672/03, 18/2672/04 all date stamped and received 16/03/2018; drawing numbers 18/2672/07 and 18/2672/08 date stamped and received 22/03/2018, and drawing number 18/2672/1A date stamped and received 25/05/2018.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

- 1.0 THE APPLICATION SITE

1.1 The site is the residential curtilage of an existing single stored dwelling situated on the western side of Station Road, St Johns. The dwelling known as 'Highcroft' is located between Tynwald Hill and the village post office. The property has its front elevation facing towards the main road and a rear elevation facing over the rear garden before sloping down towards a large car park owned by the Department of Infrastructure (DOI). - 1.2 The existing dwelling does not have any off road parking provision at the front or rear. Due to the topography of the site the dwelling sits approx. 5m higher than the existing car park at the rear. Pedestrian access from the car park is currently provided via an existing set of steps along the northern boundary of the site. Adjacent to these steps and situated on the banked verge is a large mature tree. - 1.3 Neighbouring dwellings along here have a similar arrangement resulting in the reliance on on-street parking or parking within the DOI car park. Adjoining neighbour Hillbre View had an application for retaining walls approved under PA 00/00050/B.

2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the erection of retaining walls on the sloping bank owned by DOI. The walls will sit in two tiers above the existing car park which has an existing vertical datum of 101.15; the first tier will provide a mid-way terrace with a datum 103.6 and the second upper tier at 105.65 allowing an extension to the existing garden which is currently 105.78. - 2.2 The proposed retaining walls are to be finished in painted render and installed with timber fencing above. - 2.3 The existing steps are to be retained.

3.0 PLANNING HISTORY - 3.1 Although there are no previous planning applications for the site considered materially relevant in this case, however approved application PA 00/00050/B for the development of retaining walls to the rear of Hillbre View is relevant.

4.0 PLANNING POLICY - 4.1 St Johns Local Plan land-use designation - 'Residential' - 4.2 General Policy 2 (GP2) of the Isle of Man Strategic Plan 2016 is particularly relevant in the assessment of this application.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.1 German Parish Commissioners o No comments received (25/10/2018) - 5.2 Department of Infrastructure (DOI) Highways Division

• o DNO - Do Not Oppose (dated 30/04/2018)
• o There is no existing vehicular access or parking to the site frontage. Access to the rear
• of the property would be from the existing DoT land via the new steps which would be located relatively close to the existing steps. The proposed retaining wall should maintain the existing line of the site boundary without encroachment over it. The proposals should not impact on the existing car park on DoT land at the lower level behind the Highcroft site provided that the retaining wall is appropriately designed. A planning condition is therefore requested to ensure that the structural design is checked and approved prior to construction and maintained as such thereafter.

5.3 DEFA Arboricultural Officer

• o Comments received (31/07/2018 and 21/08/2018)
• o The substantial construction works involved in the proposed development could have an impact on the root systems for the adjacent tree which could impact its overall longevity. A tree protection plan and method statement has not been requested as it is not felt that this could be implemented as part of this scheme. The concluding comments indicate that the future potential loss of this tree would likely fall to whether it's considered to have amenity value sufficient enough for its protection from development here. Neighbours' views
• o No comments received.

6.0 ASSESSMENT Character and Appearance - 6.1 The rear of the site and surrounding comprises a mix of banked scrub land and large concrete retaining walls. The site is not of any particular interest or quality to warrant its protection from further retaining wall development here. The existing DOI land and scrub banking surrounding it is relatively unkempt, although bringing an evidently man made and unnatural structure to the rear of the property it is not considered that this will impact the overall character of the area and could result in a slightly tidier appearance at the rear of these residential properties Impact on the Tree - 6.2 The proposed retaining walls here are likely involve substantial amount of ground works which could have a long term impact on the root health of the adjacent tree resulting in a future impact on its overall health of longevity. - 6.3 Comments from the Arboricultural officer neither oppose nor support the application. Consideration in this instance needs to be given to the future loss of this tree and whether this would have an acceptable impact on the wider character and appearance of the area and the amenity value in which the tree offers. - 6.4 While the tree can be seen from the rears of the nearest dwellings and also from Tynwald Hill, any subsequent loss through the development of the proposal is likely to be mitigated by the close proximity of Slieau Whallian Plantation which is located south of the site and the St Johns Arboretum both which offer significant contributions to the semi-rural sense of place within St Johns. Land Ownership - 6.5 It is understood that part of the land on which the application is proposed is currently under ownership of the DOI, the land ownership certificates and additional information submitted as part of the application reflect this. Highways raise concern that the development should not encroach over or onto the car park at the base of the site. The works as detailed on the drawings do not impact on the car park at the base of the site, however should the DOI have an issue with the development prejudicing land which is in their ownership they have ultimate control over this and whether the development can take place or not.

7.0 CONCLUSION - 7.1 For the above reasons it is considered that the application is considered acceptable and in accordance with the standards towards development set out in General Policy 2.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;

• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The Planning Committee 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 in Article 6(4) who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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.

Decision Made : Permitted Date: 25.10.2018 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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