172866

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                                      19/00733/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/00733/B Applicant : Mr Chris & Mrs Kirry Shimmin Proposal : Erection of extension to side elevation Site Address : Garthcote Ballakillowey Road Colby Isle Of Man IM9 4BD

Principal Planner: Miss S E Corlett Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 23.08.2019 __

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 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 proposed tree shown in drawing 2A shall be at least 2m tall at the time of planting, planted in the first planting season following the completion of the development, planted with at least 1 tree stake and tie for support and if, within 5 years of planting, the newly planted tree is cut down, uprooted, removed, destroyed or dies or becomes, in the opinion of the Department, seriously damaged or defective, another tree of the same species shall be planted at the same location unless the Department agrees in writing to dispense with or vary the requirement.

Reason: is to mitigate the visual impact of the damage that is expected to occur to the existing nearby sycamore tree during construction of the proposed development.

Plans/Drawings/Information;

This decision relates to drawings 1, 2, 3 and 4 all received on 1st July, 2019. __

Interested Person Status - Additional Persons

None

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                                      19/00733/B                                     Page  2  of  4

Officer’s Report

THE SITE 1.1 The site is the residential curtilage of an existing dwelling which sits on the corner of the junction of the Ballakillowey/Sloc Road (A36) and the main road which connects Colby with Ballafesson (A7). The property sits roughly in the centre of the site and has an attached garage which lies to the north of the dwelling.

1.2 The property is a two storey detached house with two storey rounded bays on the front elevation which are visible above the roadside wall and vegetation along with the garage which is visible from the A36. The property including the area which is proposed to be extended is visible from the approach to the site from the south.

THE PROPOSAL 2.1 Proposed is the extension of the property to the south east in single storey form with a hipped roof and finishes to match those on the main building.

2.2 The extension will be 6m from the A7 and 19m to the nearest boundary (Cronk Geayee to the east).

2.3 A small tree sits between the property and the A7 and could be affected by works associated with the extension. The ground is to be inspected for roots when works start and if necessary the tree will be removed but otherwise retained. The Arboricultural Office of Department of Environment, Food and Agriculture has been consulted when the application was validated.

2.4 However, following further discussions with DEFA's Forestry, Amenity and Lands Division, the scheme has been amended to include the planting of a replacement/additional tree to the north of the existing, as follows: "silver birch (Betula pendula) to be planted in position indicated. Plant bare-rooted between November and March and container-grown ones any time of year, but preferably in autumn, winter or spring. Dig a hole 60cm by 60cm and 30cm deep. Add a layer of organic matter such as compost or well rotted manure to the base of the hole and dig in".

PLANNING POLICY 3.1 The site lies within an area designated on Area Plan for the South adopted in 2013 as Predominantly Residential. As such, the following parts of the Strategic Plan are relevant:

General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape;

8.12.1 Extensions to Dwellings in built up areas or sites designated for residential use As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general.

3.2 Residential Design Guidance approved in March 2019 by the Department provides advice on the form and appearance of domestic extensions and the impact they may have on the landscape and on the living conditions of those in nearby dwellings.

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                                      19/00733/B                                     Page  3  of  4

PLANNING HISTORY 4.1 Planning approval has been granted for a range of developments on the site, none of which is relevant in the consideration of the current application.

REPRESENTATIONS 5.1 Rushen Parish Commissioners support the application (19.07.19 and 22.08.19).

5.2 DEFA Arboricultural Officer describes the existing sycamore as Cat C nad whilst a low quality tree, does contribute to the amenities of the area and it is highly likely to be jeopardised by the construction of the extension (12.08.19). He recommends that the proposed replacement tree should be at least 2m tall at the time of planting, planted in the first planting season following the completion of the development, planted with at least 1 tree stake and tie for support and if, within 3 years of planting, the newly planted tree is cut down, uprooted, removed, destroyed or dies or becomes, in the opinion of the Department, seriously damaged or defective, another tree of the same species shall be planted at the same location unless the Department agrees in writing to dispense with or vary the requirement. The Reason given is to mitigate the visual impact of the damage that is expected to occur to the existing nearby sycamore tree during construction of the proposed development (12.08.19).

5.3 Highway Services have no highway interest in the application (16.08.19).

ASSESSMENT 6.1 The works would have a negligible impact on the character and appearance of the area due to its limited size and height and the existence of substantial roadside vegetation which provides privacy and noise insulation from the adjacent highways for the occupants of the property and are unlikely to be removed. In any case, the appearance of the proposed extension is not objectionable. Similarly, the distance from nearest properties will reduce the impact on them such that the proposal is considered acceptable in respect of the provisions of RDG.

6.2 The recommendations of the Arboricultural Officer should be attached in a condition to ensure that the replacement tree is appropriate.

CONCLUSION 7.1 The proposed development is in accordance with the relevant policies of the Strategic Plan and is supported.

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.

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                                      19/00733/B                                     Page  4  of  4

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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 : 29.08.2019

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

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