Officer Report

Application No.: 16/00705/B Applicant: Mr Michael Gill Proposal: Proposed garage and workshop with store room over Site Address: Scacafell Clenagh Road Sulby Isle Of Man IM7 3AD Case Officer : Miss Abigail Morgan Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site represents the residential curtilage of Scacafell, situated along the western side of the Clenagh Road which runs from Sulby Village to Sandygate Crossroads. The site is relatively flat in nature and consequently the existing dwelling ground level is similar to road level. - 1.2 The existing dwelling is a traditional single storey cottage, with a central porch flanked by single windows. The property is finished with painted render, and a slate roof. A single storey rear/side flat roofed extension has also been constructed also in painted render. - 1.3 The existing dwelling has attached to it a fairly large garden which extends to the west. Vehicular and pedestrian access is currently provided in the eastern corner of the site onto the Clenagh Road.

2.0 THE PROPOSAL - 2.1 This application seeks approval for the erection of a detached garage and workshop at the bottom of the garden and an extension to the driveway. The proposed building is 10.5 x 6.5 x 2.9 to eaves and 6m to pitch. At ground floor there is space for two cars and a workshop, with loft hatch access to the roof which is to be used for storage. Materials to match the main dwelling. - 2.2 Part of the driveway is to be gravel and the remainder to the building is to be geocell system to prevent root compaction of trees on the route to the proposed building. - 2.3 The plans were amended to address Forestry concerns regarding tree protection and location of the building.

3.0 PLANNING STATUS - 3.1 The application site is located within an area identified as being as being of open space under the Isle of Man Development Order 1982. - 3.2 Within the Isle of Man Strategic Plan 2016, the following policies are considered relevant: - 3.3 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."

3.4 General Policy 3, which states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
• (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
• (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
• (e) location-dependent development in connection with the working of minerals or the provision of necessary services;
• (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
• (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

4.0 PLANNING HISTORY - 4.1 There are no previous planning applications for outbuildings. However planning approval was granted in 2014 (14/756/B) for the erection of replacement dwelling and associated dwelling. The latter application has not been implemented and its implementation would not affect the proposal currently under consideration.

5.0 REPRESENTATIONS - 5.1 Highway Services no highways implications. 28/07/16. - 5.2 Lezayre Parish Commissioners recommend approval initially and had no further comments on the amended plans. 13.02.17. - 5.3 The Forestry Division requested further information on tree protection measures and constraints. 27.07.2016. Further to receipt of amended plans and information, subject to conditions the proposal is acceptable. 01.03.17.

6.0 ASSESSMENT - 6.1 The main issues are the principle of development, the visual impact upon the amenities of the countryside and the impact on adjacent trees. - 6.2 In relation to the principle the starting point is that the site lies in the countryside where development is restricted. While the policies in the Strategic Plan allow for some exceptions, the proposal does not fall within any of those categories. The Strategic Plan is silent on new development in the form of detached garages/extensions to garages/stores, however some extensions to garages/stores have been approved, in some instances, where the extension would not adversely affect the countryside or undermine the rural character of an area. - 6.3 In relation to the impact upon the character and appearance of the proposed building, the building is set to the rear of the garden area of the main house and in terms of design and materials is very similar to the main dwelling. There are a number of trees around the boundary of the site which partially screen the building. While the proposal would be noticeable when driving along Clenagh Road it is not considered there would be any adverse impacts resulting by the development. Accordingly the proposal would not harm the character and quality of the landscape therefore complying with Environment Policy 1. - 6.4 During the consideration of the application there were some issues with trees and the location of the proposal and associated works. There were addressed with the relocation of the building away from the trees, provision of tree protection measures during construction and operation. The

latter in relation to the driveway that goes under the trees. The Forestry Division were satisfied with the proposals subject to conditions.

7.0 RECOMMENDATION - 7.1 For these reasons set out above the application is recommended for an approval.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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 , in this case, Department of Infrastructure Highway Services and
• (d) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such The Forestry Division should not be afforded interested person status under the Order.

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: 01.03.2017 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. The development hereby approved shall not be occupied or operated until the 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. There shall be no obstruction to visibility greater than 1.05 metres above adjoining road level as shown within the section of the visibility splay indicated on drawing G/3887/1 (E) dated 10 February 2017.

• Reason: In the interests of highway safety.
• C 4. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees and other existing or proposed landscape areas in positions as shown on drawing G/3887/1 (E) dated stamped received 10 February 2017. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

• C 5. No site works shall be commenced until the proposed driveway tree root protection cellular confinement system, as shown on drawing G/3887/1 (E) dated 10 February 2017 is installed. The proposed cellular confinement system shall be permanently retained in accordance with the approved details.

Reason: To ensure that retained planting on the site is not adversely affected by any underground works.

• C 6. The building hereby approved shall only used as a workshop/garage and storage area as shown on drawing G/3887/1 (E) and shall not be used at any time other than for purposes incidental to the residential use of the dwelling known as Scacafell, Clenagh Road.

Reason: The building has been exceptionally approved as a domestic garage and workshop and the Department would wish to retain control over any subsequent change of use of these premises in the interests of safeguarding the amenities of the area and to comply with General Policy 3 of the Strategic Plan 2016.

This approval relates to drawing G/3887/1 (E) date stamped received 10 February 2017.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 13.03.2017 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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