194818

==== PAGE 1 ====

                                      24/00241/C                                     Page  1  of  5

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00241/C Applicant : David Humphrey Proposal : Extension of residential curtilage into land previously approved as Public Open Space Site Address : 42 Shimmin Road Reayrt Mie Ballasalla Isle Of Man IM9 2BU

Planning Officer: Toby Cowell Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 21.06.2024 __

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. The planting proposals as detailed on the Site, Location and Landscaping drawing referenced 01, as further clarified in the submitted 'estate trees species list', shall be carried out prior to the approved use of the land as residential curtilage and in full accordance with those details provided. Any planted trees that are removed, die or become, in the opinion of the Department, seriously damaged or defective within five years of planting shall be replaced with specimens of a similar size and species as originally required, unless the Department gives written consent to any variation). Reason: To ensure the delivery of an appropriate landscaping scheme and in the interests of the visual amenities of the locality.

This application has been recommended for approval for the following reason. The proposed change of use of the land is not considered to result in a detriment visual impact upon the character of the wider streetscene, whilst further not undermining the previous grant of planning permission/s in relation to the wider residential estate, which would still be served by a substantial amount of landscaped amenity areas. The application is therefore considered to comply with General Policy 2 and Environment Policy 42 of the Strategic Plan (2016).

Plans/Drawings/Information;

==== PAGE 2 ====

                                      24/00241/C                                     Page  2  of  5

This approval relates to the following drawings and documents;

Estate trees species list 2333_BA2_BASIC FENCE ELEVATION AND DETAIL Received 21.06.24

01 - Existing and proposed plans Covering letter Received 04.03.24

__

Interested Person Status - Additional Persons

It is recommended that the following 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 4(2):

39 Shimmin Road, Reayrt Mie, Ballasalla

as 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 Policy. __

Officer’s Report

1.0 THE SITE 1.1 The application site relates to a recently constructed detached dwellinghouse on Shimmin Road, with the Reayrt Mie residential estate presently under construction. The site includes the residential curtilage associated with the dwelling together with a small landscaped amenity area which is laid to lawn and comprises 4 no. trees which have been recently planted. The area of land in question is separated from the curtilage of subject property by timber lollipop fencing.

2.0 THE PROPOSAL 2.1 Planning permission is sought for an extension to the residential curtilage of No. 42 Shimmin Road to include the majority of the adjoining landscaped amenity area. The proposals would include the removed of the existing timber fencing segregating the two areas and erection of new fencing along the proposed northern boundary of the resultant curtilage. The proposals indicate that 4 no. replacement trees would be planted in front of the new fence line on the retained grassed verge, comprising a depth of roughly 2.5m.

3.0 PLANNING HISTORY 3.1 22/00139/B - Erection of 107 dwellings (amendment to dwelling types approved under PA 19/00137/B) - Permitted

3.2 20/00124/MCH - Minor changes application for PA 19/00137/B involving alterations, traffic calming features, new footpath link and pedestrian link - Permitted

3.3 19/00137/B - Residential development comprised of 282 dwellings, associated highway and drainage infrastructure and public open space, and the construction of a new by-pass road between Douglas Road and the rear of Railway Terrace to include a new roundabout on Douglas Road and a bridge over the IOM Steam Railway line - Permitted

==== PAGE 3 ====

                                      24/00241/C                                     Page  3  of  5

4.0 PLANNING POLICY 4.1 The application site is located within an area zoned for residential and industrial purposes as part of a proposed development site in the Area Plan for the South (2013), and comprises a dwelling within the Reayrt Mie residential estate which is currently being developed. The site is not within a Conservation Area.

4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;

Strategic Policy 1 Efficient use of land and resources 5 Design and visual impact

Spatial Policy 3 Development in Service Villages

General Policy 2 General Development Considerations

Environment Policy

42 Designed to respect the character and identity of the locality

5.0 REPRESENTATIONS 5.1 Malew Parish Commissioners - No objections. (04.04.24)

5.2 Highways Services - Considers the proposal would have no significant negative impact upon highway safety, network functionality and/or parking, providing no existing or claimed PROW is effected by the proposals -the applicant should confirm this is the case. (08.03.24)

5.3 DEFA Biodiversity - The Ecosystem Policy Team have no objection to this application. However, PA 22/00139/B was approved with a landscaping plan (Condition 8 - The planting proposals as detailed on the Landscaping Plan drawing (phase 2) referenced 02.04-G shall be carried out in accordance with those details provided. Any planted trees that are removed, die or become, in the opinion of the Department, seriously damaged or defective within five years of planting shall be replaced with specimens of a similar size and species as originally required, unless the Department gives written consent to any variation). It looks like the 4 previously proposed trees are to be relocated to the north of the POS so that they are not within the residential curtilage. We have no issues with this but a condition may need to be secured on approval to vary the previously approved landscaping. (28.03.24)

5.4 DEFA Fisheries - I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective. (08.04.24)

5.3 A letter of representation has been received from a neighbouring property, with their comments as follows:

I feel that Dandara should not be permitted to reduce the public green space in such an already very built up area. The current plot size seems in keeping with other garden plot sizes of houses of the same type. We do not wish to look at yet another lollipop fence.

6.0 ASSESSMENT 6.1 The proposed extension of the curtilage of No. 42 would result in the effective transfer of landscaped amenity space from the public realm to form part of the private curtilage of the host dwelling, resulting in a reduction of circa. 173sqm of landscaped amenity area from phases 1 and 2 of the Reayrt Mie development.

==== PAGE 4 ====

                                      24/00241/C                                     Page  4  of  5

6.2 From a visual impact perspective, the loss of amenity space form the public realm is considered to be modest in the context of the wider development site, with further pockets of landscaped areas noted throughout the approved plans for the wider development site. The planting of 4 no. trees along the roadside boundary is noted and welcomed in order to provide some visual relief to the new fence line which would be erected within greater proximity to the streetscene. In the context of the immediate locality, the loss of amenity space is not considered to be significant and would therefore not amount to a visually detrimental impact.

6.3 From review of the planning documentation for the previous permissions in relation to the wider site's development, it is evident that a total of 20,415sqm of amenity space (i.e. excluding formal open space and informal children's space delivery) across phases 1 and 2. This is well in excess of circa. 6,200sqm requirement for the two phases, and therefore the proposed reduction of 173sqm is deemed to be minimal in this context and such that it would not undermine the previous grant of planning permission for phases 1 and 2.

6.4 Likewise, the provision of such amenity open space, or indeed its transfer to the Local Authority, was not stipulated in the corresponding S.13 legal agreement, which only covered the transfer of ownership of the children's play area and payment of a commuted sum due to the deficiency of formal open space. Therefore, the proposals would not undermine or conflict with the requirements of or stipulations contained within the S.13 agreement.

6.5 Comments received from the Ecosystems Policy Officer are noted. The proposed change of use of the land and alteration to the landscaping would not however necessitate a variation of the relevant condition of the previous permission, as the grant of planning permission in this instance would in effect formalise the modest variation to the approved landscaping plan. Additional information has also been provided noting that the replacement trees would be of a species identified within the developer's estate list of tree for the wider development, which is considered to be acceptable.

6.5 In summary therefore, the proposals are not considered to result in a significant visual impact upon the character and appearance of the streetscene, with the wider site still considered to provide (or indeed will provide upon completion) substantial areas of public amenity space together with more formal areas of open space and children's play areas.

7.0 CONCLUSION 7.1 The proposed change of use of the land is not considered to result in a detriment visual impact upon the character of the wider streetscene, whilst further not undermining the previous grant of planning permission/s in relation to the wider residential estate, which would still be served by a substantial amount of landscaped amenity areas. The application is therefore considered to comply with General Policy 2 and Environment Policy 42 of the Strategic Plan (2016). The application is therefore recommended for approval.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

==== PAGE 5 ====

                                      24/00241/C                                     Page  5  of  5

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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted

Date: 27.06.2024

Determining officer Signed : J SINGLETON

Jason Singleton

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.