140876

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                                                 15/01376/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/01376/B Applicant : Mr Mervyn Scott Proposal : Landscaping layout and finishes including portico/steps, balustrading, garden steps and terracing/re-grading and new levels, driveway, parking areas, retaining walls, paths, patio, boundary fencing, fountain, garden shed and oil tank Site Address : Tranent Churchtown Ramsey Isle Of Man IM7 2AN

Case Officer : Mr Chris Balmer Photo Taken : 05.01.2016 Site Visit : 05.01.2016 Expected Decision Level : Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE 1.1 The application site comprises the residential curtilage of Tranent, Churchtown, Ramsey which is a detached dwelling located within the Churchtown area of Lezayre. The site is on the southern side of the B17 road to the west of the junction with the A3 road.

1.2 The dwelling contained within the application has been substantially constructed but has not been completed and occupied.

2.0 THE PROPOSAL 2.1 The application seeks approval for the landscaping layout and finishes including portico/steps, balustrading, garden steps and terracing/re-grading and new levels, driveway, parking areas, retaining walls, paths, patio, boundary fencing, fountain, garden shed and oil tank.

3.0 PLANNING HISTORY 3.1 The application site has been the subject of previous planning applications and it is considered that the following are specifically material to the assessment of this current planning application:

3.2 Erection of an extension to dwelling - 13/00450/B - APPROVED

3.3 Erection of retaining walls to south and east and fence & masonry piers to east boundaries - 06/02034/B - APPROVED

3.3 Addition of two dormers to south elevation on approved alteration and extension to dwelling (05/01788B) - 06/00823/B - APPROVED

3.4 Retention of a dwellinghouse and detached garage; erection of single storey kitchen extension, conservatory and garden store extension to garage - 05/01788/B - APPROVED

3.4 Erection of replacement dwelling - 00/01563/B - APPROVED

4.0 PLANNING POLICY

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                                                 15/01376/B
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4.1 In terms of land use designation the application site is located within wider areas of land that are designated as i) woodland; and ii) high landscape or coastal value and scenic significance under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following policies that are considered specifically material to the assessment of this current planning application:

4.3 Environment Policy 1 states: "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."

4.4 Environment Policy 2 states: "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."

4.3 Housing Policy 15 states: "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)."

5.0 REPRESENTATIONS 5.1 Lezayre Parish Commissioners recommend that the planning application be approved (received on 18.01.2016); however, have raised issues relating to the stream running down the west side of the site and that the applicant will be draining rainwater into the existing system. They considered it is important that sufficient steps are in place to deal with future rains and the water from the property.

5.2 The Department of Infrastructure Highways Division do not oppose the planning application but make the following comment (received on 24.12.2015): "Nothing must be planted or erected within the visibility splays which may exceed 1.05 metres in height."

5.3 Manx Utilities - Drainage make the following comments (received on 18.02.2016): "The comments from Lezayre commissioners have been reviewed and Manx Utilities do not consider that the proposed works detailed in this planning application will exacerbate any problems that may already exist in the area, surface water runoff from the proposed hardstanding (driveway etc) will be minimal compared with flows from the upstream catchment.

Treated effluent from bio discs are quite commonly discharged to drainage tails within the ground, regulation for the use of bio-discs falls under either DEFA or DoI Building Control."

6.0 ASSESSMENT

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                                                 15/01376/B
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6.1 There are considered two key considerations which need to be considered in determining the application. First is the potential impact upon the visual amenities of the countryside and second the potential impact upon neighbouring amenities.

6.2 The submission includes a number of works, mainly relating to landscape works, provision of a driveway (alteration to a previous approved driveway), the erection of boundary wall/fencing along the western boundary and a retaining wall to the rear south-eastern corner of the site & southern boundary.

6.3 The majority of the works raise no concerns, and would be beneficial to the visual appearance of the site and the amenities of the countryside, namely the additional landscaping within and along the northern and eastern boundaries of the site.

6.4 In terms of the visual impact the aspect that will be most visible from public views, i.e. from the Churchtown Road (B17), is the new driveway layout and associated retaining walls within the site and the boundary wall/fencing along the western boundary of the site. The proposed driveway layout is similar to the previously approved layouts, albeit this submission has significant more details and takes account of the topography of the land which slopes significantly from the Churchtown Road to the dwelling and garage. The original scheme did not show details of retaining walls, grounds levels, drainage provision or the sloping nature of the driveway. This detail is now provided and the proposal, finished in a tarmac, is considered to be appropriate and in keeping with the countryside.

6.5 The boundary fencing is perhaps the aspect of the overall scheme which initially raised some concern when it was originally discussed during pre-application stage. The private lane which runs along the entire western boundary is shared with a few neighbouring properties (no through road). This private lane is sloping in nature due to the topography of the land, but also the land around the dwelling, including the driveway is above the lane. Accordingly, trying to provide adequate privacy/security for the occupants of the new dwelling, whilst trying to ensure the fencing/walling did not result in having an overbearing impact was a challenge. The submitted scheme is considered to prevent this concern, especially the first 21 metres of the boundary when measured from the entrance, as this section is proposed to be made up by a hedgerow of different species. Accordingly, from the Churchtown Road, this aspect of the western boundary would be the most apparent, albeit the view of this boundary would be a passing view and not a prominent feature in the area. The remainder of the western boundary is made up of a fence/walling which varies in height from 4 metres to 1.8 metres, measure to the top of the grass verge which runs along the private lane. The highest point is the area where the top of the driveway (level with the dwelling) is adjacent to the private lane. The retaining wall is made up from a mixture of Manx stone and render would have a height of approximately 2.5 metres and then a 1.5 metre high timber fence would be above this. This section then gradually decreases in height reducing to 1.8 metres towards the rear boundary of the site. Whilst the tallest sections of the boundary will have a dominating impact, these sections are not significant in length and in terms of public and private amenities are not considered to have a significant impact to warrant a refusal. The mixture of stone, render and timber will also help reduce the impact. A condition should be attached which requires the fence to be painted a dark green/brown colour.

6.6 The proposal includes a retaining wall structure to the rear garden area of the dwelling. Approval was previously granted for a similar, albeit larger and more engineered scheme, although the application has now expired. This proposal essentially uses a number of railway sleepers and timber posts. The actually bank which the retaining wall will provide security for, is understood to be in a stable condition, having been exposed a number of years ago. However, it is understood this proposal will ensure the stability of the bank and landscaping along the eastern boundary, which is shared with the neighbouring property Broadlands.

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6.7 The works to the dwelling relate to the external entrance staircase and the levels of the paved terraced area. The alterations are modest and would still ensure the character and appearance of the new dwelling is retained.

6.8 Relating to drainage issues that have been raised by the Commissioners, whilst these are valid points, Manx Utilities Drainage have considered the application and the comments of the Commissioners and have raised no objection to the proposal. Given this, the Department is suitable satisfied that the drainage of the existing property can be achieved, and as such will be considered in more detail at the Building Regulations stage.

6.9 Overall, it is considered all the proposed works would be appropriate in this setting and would not have a significant impact upon the character and quality of the countryside and would all be acceptable forms of development.

7.0 RECOMMENDATION 7.1 For these reasons the proposals is considered to comply with the relevant polices of the Strategic Plan and therefore recommended for an approval.

8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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) The Highways Services of the Department of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 02.03.2016

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.

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C 2. The boundary fence along the western boundary of the site hereby approved is required to be painted in a dark brown/green colour within 1 month of it being erected and retained thereafter.

Reason: In the interests of the visual amenities of the countryside

This approval relates to drawings reference numbers MS3/1, MS3/2, MS3/3, MS3/4, MS3/5, MS3/6, MS3/7, MS3/8 and MS3/9 all received on 22nd December 2015.

I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 03.03.2016

Determining officer

Signed : M GALLAGHER

Michael Gallagher

Director of Planning and Building Control

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