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                                      20/00075/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/00075/B Applicant : Downstream Limited Proposal : Landscaping works to part of field number 320424 (amendment to PA 19/01017/B) (retrospective) Site Address : Sunnybank House West Baldwin Isle Of Man IM4 5HD

Planning Officer: Miss Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 30.03.2020 __

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. Within six months of the decision becoming final, the timber fencing as detailed on drawing number 1826-02 P02 rev B shall be fully installed in accordance with the approved details and retained as such thereafter.

Reason: To ensure sufficient boundary control and to satisfactorily protect the character and appearance of the area and surrounding countryside.

C 3. The land comprising the application site must remain as open space/agricultural land and shall not be used as part of the residential curtilage of the dwelling known as 'Sunnybank House', West Baldwin or for any other residential purpose.

Reason: For the avoidance of doubt and with a view to protecting the land from inappropriate domestication.

This application has been recommended for approval for the following reason. The development works are considered to have an acceptable visual and amenity impact on the countryside and area of high landscape value in accordance with Environment Policies 1 and 2, and not to result in any harm to the designated woodland area in line with Environment Policy 3. For completeness the application shall be supported with two conditions, one

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requiring the timber boundary fence to be installed in an appropriate time frame and one ensuring the site remains for agricultural use only.

Plans/Drawings/Information;

This approval relates to drawing numbers P-01 rev A, 1826-02 P02 rev B and supporting statement provided by the agent with the application form, all date stamped as received 24th January 2020.

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Interested Person Status - Additional Persons

None __

Officer’s Report SITE

1.1 The application site is a small parcel of agricultural land forming part of field 320424 located along the western side of West Baldwin Road and adjacent to the cluster of dwellings surrounding the junction with Ballalough Road. The site along with a number of adjacent fields is under the same ownership as Sunnybank House which sits directly on the corner with Ballalough Road.

1.2 The site slopes upwards away from the main West Baldwin Road from east to west, and had commenced some re-grading and profiling works that form part of a wider landscaping scheme creating tiered levels within the site and the planting of wildflowers and native shrubs.

1.3 The retrospective and proposed landscaping works were recently approved under PA 19/01017/B, subject to 2 conditions, one requiring the submission of fencing details to separate the landscaped field from Sunny Bank House, and the other stating that there shall be no residential use of the site and that it must remain as part of the open space/agricultural land.

THE PROPOSAL

2.1 The current application forms an amendment to the previous approval, while the proposal for the landscaping works remains the same, the red line for the site now omits part of the existing gravel driveway which provides access to a barn and the rest of the field above. The application also includes the fencing details as required by condition previously.

2.2 The site is enclosed on the east, west and south boundaries by an existing post and wire fence, proposed between the site and Sunnybank House is a section of timber fencing installed with a double timber gates to allow access from the gravel driveway.

PLANNING HISTORY

3.1 Sunnybank House has been subject to a number of previous planning applications, the most relevant in the case of the landscaping works here is PA 19/01017/B as referred to in 1.0 of this report.

PLANNING POLICY

4.1 The application site is within an "Area of High Landscape or Coastal Value and Scenic Significance" and also within an area of woodland on the 1982 Development Plan. Given the

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nature of the application it is appropriate to consider Environment Policies 1 and 2 in determining the visual impact on the countryside and Environment Policy 3 for the impact on the trees and designated woodland area.

4.2 Environment Policy 1 "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over- riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

4.3 Environmental Policy 2 "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

(a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."

4.4 Environment Policy 3: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."

REPRESENTATIONS

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

5.1 Department of Infrastructure (DOI) Highways Services - do not oppose 17/02/2020

5.2 Marown Parish Commissioners - No objection (21/02/2020)

ASSESSMENT

6.1 The landscaping works to the site formed part of PA 19/01017/B which was approved in November 2019, the officer for that application considered the works to have an acceptable visual impact on the countryside and not to result in any harm to neighbouring amenity. The officer also considered the works and planting to result in a positive contribution to the AHLV.

6.2 There have been no polices changes since November 2019 and no other material considerations to take into account, and in this respect the view of the previous officer with regards to the landscaping works still stands.

6.3 The specific matter to consider now is whether or not the change to the red line boundary of the site and the erection of fencing results in any substantial harm as to bring harm to the countryside or the designated woodland area.

6.4 The red line for PA 19/01017/B runs through part of an existing gravel track providing access into the rest of field 320424 and to the adjacent barn. Condition 2 would have required the applicant to erect fencing along the red line and directly through the existing access routes.

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6.5 The revised red line now omits the gravel track and presents a more logical and appropriate approach to the arrangement of the site and surrounding area without causing any amenity or visual harm to the countryside, the proposed timber fence also provides a sufficient boundary treatment without compromising the visual amenities of the area and its installation is not expected to result in any harm to the woodland area. In this respect the proposal is considered to comply with Environment Policies 1,2 and 3.

CONCLUSION

7.1 The proposal is considered to have an acceptable impact on the countryside and designated wood land area. For completeness two conditions shall be added to any approval, one ensuring the site remains as agricultural land and one to ensure that the timber fencing is installed within an appropriate timescale.

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.

Decision Made : Permitted

Date: 31.03.2020

Determining officer Signed : S CORLETT Sarah Corlett

Principal Planner

Customer note

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