Loading document...
==== PAGE 1 ====
19/00127/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00127/B Applicant : The Clypse Estate Ltd Proposal : Variation of condition one of PA 14/01156/REM. Reserved Matters Application relating to PA 13/00183/A for erection of a replacement dwelling, addressing siting, design, external appearance, internal layout and means of access, to extend the period of permission by four years Site Address : Clypse Lodge Clypse Onchan Isle Of Man IM4 5BG
Planning Officer: Mr Owen Gore Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 17.05.2019 __
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 09 February 2019.
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. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
==== PAGE 2 ====
19/00127/B Page 2 of 4
C 4. 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 or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
Plans/Drawings/Information;
This decision relates to the following plans and documents: -
Drawing No.1123/PL200 Rev A - Plans, Elevations & Site Plan Received 18 December 2014 __
Interested Person Status - Additional Persons
It is recommended that the following organisation should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Clypse Farms Limited as they do not own or occupy property that is within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status (July 2018). __
Officer’s Report
1.0 SITE 1.1 The application site represents the residential curtilage of Clypse Lodge, Clypse, Onchan. The site is an 'L-shaped' piece of land which lies to the west of the Clypse Reservoir and is accessed via the Ballacottier Road and the narrow roadway leading to the reservoirs themselves.
1.2 The site is flat in nature within a woodland setting, with mature hedgerows and trees running along the south-eastern boundary of the site which is directly adjacent to the highway.
1.3 The existing dwelling is rather unusual in appearance and certainly could not be described as traditional Manx vernacular. The property appears to have been constructed in the 1960's, with approximately half of the dwelling comprising of a steeply pitched roofed design with flat dormer accommodation, whilst the other half is a single storey flat roofed property. The finish of the dwelling is timber cladding to all external elevations, whilst the pitched roof is finished in orange/red concrete titles.
2.0 PROPOSAL 2.1 This application seeks to extend the deadline for commencement indicated in condition one of PA 14/01156/REM. The reserved matters application related to PA 13/00183/A for erection of a replacement dwelling and addressed the siting, design, external appearance, internal layout and means of access; the applicant wishes to extend the period of permission by four years.
==== PAGE 3 ====
19/00127/B Page 3 of 4
3.0 PLANNING POLICY Local Area Plan - Onchan Local Plan 2000 Site Designation - 'Open Space'
The following policies are particularly relevant to this proposal:-
Isle of Man Strategic Plan 2016 o General Policy 3 (GP3) - Development outside of areas zoned for development; o Environment Policy 1 (EP1) - Protection of the countryside and its ecology; o Housing Policy 12 (HP12) - The replacement of an existing dwelling in the countryside; o Housing Policy 14 (HP14) - Where a replacement dwelling is permitted;
4.0 PLANNING HISTORY 4.1 The key aspect of planning history for this site is the previous approval 14/01156/REM as noted above, and approval in principle for a replacement farm dwelling (13/00183/A).
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
Onchan District Commissioners o '...recommend that the application be approved for planning purposes only'. (dated 05 March 2019)
Department of Infrastructure (DOI) Highways Division o No comments received at the time of writing
5.1 A letter was received by the department with a Deed of Appointment relating to Clypse Farms Limited; the letter requested that no actions or steps be taken that might reduce the value of the land and property that 'Receivers' are appointed over and/or impair the purpose of the 'Receivers' appointment without written consent.
6.0 ASSESSMENT 6.1 The application is to vary a condition that seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional four years to the time in which the permission should be implemented.
6.2 The main issue in the assessment of this application is whether there have been any material changes, in planning terms, since the application was last approved; for example policy changes, a change to the land use designation, new or altered legislation, or site circumstances that would lead to a different decision being made.
6.3 Since the initial approval there have been no material planning changes which have arisen. The Onchan Local Plan and the Isle of Man Strategic Plan policies have not been superseded and therefore continue to comprise the Development Plan. There have not been any relevant appeal decisions that indicate a different approach to those policies should be taken and no new legislation has been brought into force.
6.4 It is considered that the design and access elements would remain acceptable for the reasons outlined in depth in the planning report for 14/01156/REM, and for this reason an extension to the permission is acceptable.
Other Matters 6.5 The letter received by the department was from Clypse Farms Limited at Heritage Court, 41 Athol Street; however the applicant is listed as The Clypse Estate Ltd, at a different address, 22 Athol Street, Douglas. It is not clear what relationship the two companies have, what the
==== PAGE 4 ====
19/00127/B Page 4 of 4
objector's interest in the site is or what the concerns regarding the value of land they are referring to.
6.6 However the assessment of a planning application only concerns material planning considerations, of which the impact to the value of property is not one.
7.0 CONCLUSION 7.1 With the above assessment in mind, it is recommended that the application be approved.
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 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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 23.05.2019
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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.
Copyright in submitted documents remains with their authors. Request removal