Officer Report

Application No.: 18/00405/B Applicant: Mr John & Mrs Brenda Blatcher Proposal: Erection of extension to provide additional living accommodation and inclusion of the adjacent wooded area to the east of the site within the residential curtilage of the property Site Address: Ramillies Clay Head Road Baldrine Isle Of Man IM4 6DN Planning Officer: Mr Owen Gore Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.09.2018 _________________________________________________________________

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.

• C 2. All external facing and roofing materials to be used in the development, hereby approved, shall match those of the existing building, in respect of their type, colour and finish.

Reason: In the interests of the character and appearance of the site and surrounding area in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garages, garden sheds or summerhouses or other free standing buildings shall be erected and no decking shall be constructed or placed within the wooded parcel of land as delineated on the drawing No.JB-18-01 - Site and Location Plan, Datestamped as having been received 18 April 2018.

Reason: To control development in the interests of the amenity value of trees and of this area in relation to the surrounding area, in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• C 4. The existing trees and hedges shall be retained in accordance with the approved details. Any retained tree or hedge which within five years of the approved development being occupied or completed (whichever is the later) dies, is removed or becomes 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.

Reason: To safeguard the appearance of the development and the surrounding area in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This planning permission relates to the following plans and documents: -

• Drawing No.JB-18-01 - Site and Location Plan
• Drawing No.JB-18-02 - Plans and Elevations as Existing
• Drawing No.JB-18-03 - Plans and Elevations as Proposed Date-stamped as having been received 18 April 2018 _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report SITE

1.1 The site is a residential dwelling on a backland site, accessing onto Clay Head Road. The dwelling is set back so that it cannot be seen from the public highway. PROPOSAL - 2.1 The proposal is for a single storey front extension on top of an existing patio area; the extension mimics the existing hipped roof extension that projects forward of the front elevation and creates a second one.

2.2 The redline boundary includes a wooded parcel of land to the eastern side of the site, adjacent to the entrance. This area doesn't appear to have been included in previous applications on the site and is considered not to be within the residential curtilage of the dwelling. The applicant has requested that this also be included into the proposal.

PLANNING POLICY Local Area Plan - Laxey and Lonan Local Plan 2005 Site Designation - 'Predominantly Residential'

The following policies are particularly relevant to this proposal:Isle of Man Strategic Plan 2016 General Policy 2 (GP2) - Development within land-use zones; and paragraph 8.12.1. PLANNING HISTORY Ref - 13/00262/B - Alterations and erection of an extension to replace existing conservatory APPROVED

Ref - 12/01312/B - Erection of a dwelling - Land At, Ramillies, Clay Head Road, Baldrine, REFUSED AT APPEAL

Ref - 02/00772/A - Approval in principle for erection of dwelling at Ramillies - Land Between Lindholme Lodge And Cooil Beg, Clay Head Road, Baldrine - REFUSED AT APPEAL

Ref - 01/01990/A - Approval in principle for erection of dwelling at Ramillies - Land Between Lindholme Lodge And Cooil Beg, Clay Head Road, Baldrine - REFUSED ON REVIEW

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

Garff Commissioners

• o No comments received Department of Infrastructure (DOI) Highways Division
• o DNO - Do not oppose (dated 17 May 2018) Neighbours' views
• o No comments received.

ASSESSMENT Amended Residential Curtilage

3.1 The redline boundary includes a wooded parcel of land to the eastern side of the site, adjacent to the entrance. This area doesn't appear to have been included in previous planning permissions on the site although it does have a site history of its own; it is considered not to be within the residential curtilage of the dwelling at Ramillies. The applicant has requested that this area be added into the proposal to change the use to residential curtilage.

3.2 The most recent application (12/01312/B) for the erection of a dwelling was refused at appeal. The refusal reasons related to the loss of trees in both the short term and likelihood of further future tree removal from the application site and increased level of traffic, in conjunction with the restricted width and alignment of substantial sections of Clay Head Road and the poor visibility at the junction of Clay Head Road.

3.3 The proposal to add the wooded area to the residential curtilage is not considered specifically unacceptable; however the potential to expand the dwelling or the garden area into this area, including potential ground works or structures could potentially have a negative impact. Therefore a condition can be included to remove permitted development rights for this area. Subject to the condition, the principle for the change of use is acceptable. Character and appearance - 3.4 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings. In this respect, the proposal complies with GP2. Impact on neighbours - 3.5 The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents. In this respect, the proposal complies with GP2. Parking and highway safety - 3.6 On-site parking provision is adequate and complies with the standards set out in the Appendix 7 - Parking Standards. The proposal is therefore in accordance with GP2. CONCLUSION

4.1 The proposal is considered acceptable in accordance with the designation within the Local Area Plan and the appropriate policies within the Isle of Man Strategic Plan 2016. 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 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 in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 28.09.2018 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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.