DEC Officer Report

Application No.: 19/00497/B Applicant: Mr John & Mrs Brenda Blatcher Proposal: Erection of a two storey extension and single garage (amendment to PA 18/00405/B) Site Address: Ramillies Clay Head Road Baldrine Isle Of Man IM4 6DN Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.06.2019 _________________________________________________________________

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. All external facing and roofing materials to be used in the development, hereby approved, shall match those of the existing building, in respect of their type, colour and finish.

Reason: In the interests of the character and appearance of the site and surrounding area in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• 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 garages, garden sheds or summerhouses or other free standing buildings shall be erected and no decking or hardstanding shall be constructed or placed within the wooded parcel of land (eastern part of site) as delineated on the drawing No.JB-19-01 Site and Location Plan, Date-stamped as having been received 30th April 2019.

Reason: To control development in the interests of the amenity value of trees and of this area in relation to the surrounding area, in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• C 4. The existing trees and hedges shall be retained in accordance with the approved details. Any retained tree or hedge which within five years of the approved development being

occupied or completed (whichever is the later) dies, is removed or becomes seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.

Reason: To safeguard the appearance of the development and the surrounding area in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• C 5. The guest bedroom at the lower ground floor hereby approved may be used only in association with the main dwelling house "Ramillies" and for purposes incidental to the use of main dwelling house "Ramillies" as a single dwelling, for no commercial purposes and only in accordance with the internal layout shown on plan JB-19-03 received on the 30th April 2019.

Reason: The dwelling is within a single residential plot within an area of similar developments. The application does not propose to create separate units of accommodation within the site and has not been considered as such.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers JB-18-01, JB-18-02, JB-18-03 and JB-18-04 received on 30th April 2019 and 16th May 2019. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The site is a residential dwelling on a backland site, accessing onto Clay Head Road. The dwelling is set back so that it cannot be seen from the public highway.

2.0 PROPOSAL - 2.1 The proposal is for a single storey front extension on top of an existing patio area; the extension mimics the existing hipped roof extension that projects forward of the front elevation and creates a second one. - 2.2 The redline boundary includes a wooded parcel of land to the eastern side of the site, adjacent to the entrance. This area doesn't appear to have been included in previous applications on the site and is considered not to be within the residential curtilage of the dwelling. The applicant has requested that this also be included into the proposal.

3.0 PLANNING POLICY - 3.1 The Laxey and Lonan Local Plan 2005 designates the site as 'Predominantly Residential'. The site is not within a Conservation Area. - 3.2 The following policies are particularly relevant to this proposal:-

4.0 PLANNING HISTORY - 4.1 13/00262/B - Alterations and erection of an extension to replace existing conservatory APPROVED

4.2 12/01312/B - Erection of a dwelling - Land At, Ramillies, Clay Head Road, Baldrine, REFUSED AT APPEAL - 4.3 02/00772/A - Approval in principle for erection of dwelling at Ramillies - Land Between Lindholme Lodge And Cooil Beg, Clay Head Road, Baldrine - REFUSED AT APPEAL (eastern part of site) - 4.4 01/01990/A - Approval in principle for erection of dwelling at Ramillies - Land Between Lindholme Lodge And Cooil Beg, Clay Head Road, Baldrine - REFUSED ON REVIEW (eastern part of site)

5.0 REPRESENTATIONS - 5.1 Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.2 Garff Commissioners have no objection (22.05.2019). - 5.3 The Assistant Tree Officer makes the following comments (): "The proposed development at Ramillies, Clay Head Road, Baldrine will likely have an impact on the 4 trees marked on drawing JB-19-01 (Sycamore, Pine, 2Ash). The footprint of the proposed garage extends into the estimated Root protection area (RPA) of the trees, and would likely cause damage to the fibrous root stock and will therefore most probably cause dieback is subsequent years.

As the trees are located in a remote location and the presents of many other trees on the property, the department would have no objection to their removal."

6.0 ASSESSMENT Amended Residential Curtilage

6.1 The redline boundary includes a wooded parcel of land to the eastern side of the site, adjacent to the entrance. This area was approved under the previous application 18/00405/B as being residential curtilage and this was considered acceptable subject to a condition for the remove permitted development rights for this area. While this currently application does not specifically mention this change of use, this is likely to the applicant potentially considering that this is just an "amendment" to the last approved application 18/00405/b, and not realising that this current application is a standalone application. The Department cannot amend applications. For the avoidance of doubt the same condition should be attached again. Character and appearance - 6.2 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings. In this respect, the proposal complies with GP2. Impact on neighbours - 6.3 The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents. In this respect, the proposal complies with GP2. Parking and highway safety - 6.4 On-site parking provision is adequate and complies with the standards set out in the Appendix 7 - Parking Standards. The proposal is therefore in accordance with GP2. Impacts upon trees - 6.5 As outlined by the Tree Officer there is the potential for die back of four of the trees to the east of the new garage. However, the application does not proposes to remove these trees and it is considered a condition should be attached which restricts the removal of any trees for this development. If in years to come, if they need to be removed then this can be reconsidered at that stage.

• Use
• 6.6 It is noted the ground floor proposes a self-contained guest bedroom and ensuite shower room. A condition should be included to restrict the use to ensure this does not become a separate unit of accommodation.

- 7.0 CONCLUSION

7.1 The proposal is considered acceptable in accordance with the designation within the Local Area Plan and the appropriate policies within the Isle of Man Strategic Plan 2016. - 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.

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 : 10.06.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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