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24/00459/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 24/00459/B Applicant : Mr Matt Newing Proposal Proposed detached double garage, new driveway and extension to existing residential curtilage Site Address The Grange Clypse Moar Road Onchan Isle Of Man IM4 5BG
Case Officer :
Russell Williams Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 24.05.2024
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. No development shall be commenced until soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of new trees (to mitigate the loss of trees) and hedgerow and shall include a landscaping plan, planting specification and a programme of implementation.
The approved landscaping scheme shall be carried out in accordance with the approved details. The works shall be carried out during the first available planting season following the commencement of the development or in accordance with the programme agreed in writing with the Department.
Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.
Reason: To ensure appropriate mitigation for the loss of trees is secured, in the interest of landscape character and biodiversity.
C 3. No development hereby permitted shall commence until an Arboricultural Monitoring Schedule has been submitted to and approved in writing and the associated the Tree Protection measures identified on Dr No TP-100424 have been fully implemented on the site. The Tree
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Protection Measures shall remain in place until such time as the development is substantially complete. During the course of construction, the developer shall comply with the Recommended Protection Measures for Retained Trees set out at Section 4.5 of the approved Manx Roots Arboricultural Impact Assessment dated April 2024.
Reason: To provide protection for retained trees within the site, in the interest of tree health.
C 4. No works above damp proof course shall take place until a bird box plan has been submitted to the Department of the Environment Food and Agriculture and approved in writing. The approved box(es) shall be installed prior to the development hereby permitted first coming into use. The plan shall include details about the type, number and locations of the boxes. Bricks/boxes should be placed high up on a northerly elevation, not above windows or doors.
Reason: To ensure that suitable biodiversity enhancement measures are provided on the development site.
C 5. 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 fences, gates, walls or other means of enclosure, no shed, greenhouse or any other building shall be erected or placed within the new curtilage hereby approved, without the prior written approval of the Department.
Reason: In the interest of landscape character to ensure the proposals comply with General Policy 3 and Environment Policy EN1
This application has been recommended for approval for the following reason. While the application does not strictly comply with General Policy 3, it is accepted that there is limited scope within the existing curtilage due to the presence of more important trees, the position of the adjacent rural building and the location of the curtilage being to the eastern side of the dwelling where it is both difficult to access and more exposed in the landscape. Having regard to the aforementioned, it is considered that the proposed development will not give rise to any material harm to the character and appearance of the landscape. Impacts upon trees and ecology can be suitably mitigated and it is considered that the proposal will not undermine the strategic objectives of Policies GP3, EP1 and EP3.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on
Dr No. 1 - Proposed Garage Plan Dr No. 2 - Block Plan as Existing Dr No. 3 - Block Plan as Proposed Dr No. 4 - Location Plan Dr No. TP-100424 - Tree Protection Plan Dr No. TI-100424 - Retained Tree Impact Plan Dr No. TR-100424 - Tree Removal Plan __
Interested Person Status - Additional Persons
None __
Officer’s Report
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24/00459/B Page 3 of 9
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE SITE 1.1 The application site is to the southern end of the curtilage associated to The Grange, Clypse Moar Road, which is a detached two storey property situated to the North of Clypse Moar Road at the junction with the road to Clypse Reservoir.
1.2 The property is a two storey traditional dwelling with extensions to the front, sides and rear. The site is access via a private driveway.
1.4 The southern part of the property comprises extensively landscaped residential gardens framed by hedgerows and mature tree planting, with a maintained grass paddock to the immediate southern side of the curtilage. The paddock is also enclosed by tree planting to its periphery.
2.0 THE PROPOSAL 2.1 The application seeks approval for the removal of various trees and erection of a detached double garage within the existing domestic curtilage, as well as the change of use of land from agriculture to domestic curtilage and the formation of a new driveway and parking/turning area.
2.2 The proposed garage building will measure 6.8m in width x 7.0m in depth with a height to ridge of 5.244m above the new ground level. The garage will be set below existing ground level with a small banking to the perimeter path and a new footpath connection into the garden. The garage will be finished externally in roofing slates, rendered walls coloured white to match the dwelling, green uPVC fenestration and a new insulated up and over door.
2.3 The proposed driveway and parking/turning area will be finished in either gravel or bitmac. A short section of the driveway has already been laid in stone.
2.4 A new post and wire fence, 1.0m in height, will be constructed along the southern site boundary to delineate the new curtilage boundary with the remainder of the paddock.
3.0 PLANNING POLICY
LOCAL PLAN
3.1 The site lies within an area zoned as an "not zoned for a particular purpose" on the Area Plan for the East. The site is not within a Conservation Area, Flood Zone, nor an area zoned as High Landscape or Coastal Value and Scenic Significance.
3.2 In terms of the Isle of Man Strategic Plan 2016, paragraph 8.12.2 states, "As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside."
3.3 There are a number of other relevant policies within the Isle of Man Strategic Plan 2016, as summarised below.
General Policy 2 sets out general 'Development Control' considerations which are arguably relevant even where a proposal is not in accordance with the land-use designation including design (respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them), wider impact (the amenity of local residents or the character of the locality) and parking/access/highway safety.
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General Policy 3 indicates development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than a number of stated exception, which do not include the extension of to curtilages or outbuildings.
Environment Policy 1 seeks to prevent development which would adversely affect the site other than in exceptional circumstances.
Environment Policy 3 seeks to prevent the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value.
3.3 The Character Appraisal within the Area Plan for the East states the following concerning the area:
Conrhenny & Groudle (D3) Conserve and enhance: a) the character, quality and distinctiveness of this area of relatively sparse settlement; b) its valley bottom woodland; c) its National Glens; d) the various archaeological features within the area. Key Views Dramatic views to an Upland backdrop to the North and West. Dramatic, panoramic views eastwards across the ever-changing colour and nature of the sea and sky, contribute to strongly recognisable sense of place. Close and distant views to the northern edge of Onchan/ Douglas settlement, which is visually harsh in places. Channelled views along the corridor of the Groudle River, which is enclosed in places.
There is no Landscape Proposal for the area.
4.0 PLANNING HISTORY
4.1 The application site benefits from the following planning history:
23/01349/B Remove existing conservatory and replace with orangery extension on southeast corner of the existing dwelling - Permitted - 5 January 2024
No other applications at or near the site are of relevance.
5.0 CONSULTATIONS (this report only contain summaries - full reps can be read online)
5.1 Onchan District Commissioners (30.04.2024) Recommend the application is approved for planning purposes only.
5.2 DoI Highways Services commented (26.04.2024) - No objection and consider there will be no impact upon highway network or parking.
5.3 DEFA Biodiversity (17.04.2024) - The placement of the new garage and driveway will require the removal of 12 trees. However, no new trees are to be planted to mitigate against the ecological impact of this, meaning that the application will result in a net loss for biodiversity on site.
5.4 The Ecosystem Policy Team would not object to this application as long as mitigation is provided in the form of new trees, with at least as many trees to be re-planted as are to be
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removed, and installation of integrated bird bricks in the new garage to mitigate against the loss of potential nesting locations.
Small amounts of low level screen planting are proposed, but no species list has been provided for this.
We therefore request the following conditions on approval
No works to take place unless a soft landscaping plan containing details of new tree and hedge planting has been submitted to Planning and approved in writing. The landscaping plan should contain location, number and species details for all new planting. No works to commence unless a bird box plan has been provided to Planning and approved in writing. The plan should include details about the type, number and locations of the boxes. Bricks and boxes should be placed high up on a northerly elevation, not above windows or doors.
5.5 DEFA Forestry - I have reviewed the documents provided with this application. I have no objections subject to the following matters being made a condition of approval:
The adherence to the protection measures outlined in section 4.5 of the arboricultural impact assessment and on the tree protection plan, including methodology for the installation of the geocell. 2. The provision of, and adherence to, an arboricultural monitoring schedule to oversee and ensure the development does not have a detrimental impact on retained trees. 3. The provision of, and adherence to, a landscaping/ tree planting plan to mitigate the loss of the 10 category C trees.
6.0 REPRESENTATIONS (this report only contain summaries - full reps can be read online)
6.1 No comments have been received.
7.0 ASSESSMENT (this report only contain summaries - full reps can be read online)
7.1 The main issues to be considered in the assessment of this application are the impact of the principle of the proposed development and the impact upon the character and appearance of the landscape, trees and ecology
PRINCIPLE OF DEVELOPMENT
7.2 The development of a domestic garage for a dwelling will often fall to be permitted development, subject to compliance with all of the relevant conditions stipulated under Class 17 of the Town and Country Planning (Permitted Development) Order 2012. In this instance, the garage footprint is slightly larger than permitted and so planning permission is required; all other conditions are met.
7.3 Notwithstanding the above, as planning permission is required, an assessment against relevant planning policies and material considerations is required. In the case of this application the proposal is for an extension to the curtilage to accommodate a new driveway, parking and turning areas. A new garage is also to be erected within the domestic curtilage of the dwellinghouse. The site is designated on the Area Plan for the East as not being for any particular use or purpose and is within the countryside. As such, there is a general presumption against development as set out in General Policy 3.
7.4 Additional protection to the countryside is provided by Environment Policy 1. This states that "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
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requirement to protect these areas and for which there is no reasonable and acceptable alternative." Environment Policy 1 therefore establishes that development will not be permitted if it would adversely affect the countryside.
7.5 The proposals do not represent a form of development permitted by General Policy 3 and compliance with Environment Policy 1 is assessed below.
IMPACT UPON LANDSCAPE
7.6 In assessing the impact of the development, consideration has to be given to the scale, siting, appearance and visual prominence of the proposed development.
7.7 It is not normal practice to allow the extension of residential curtilages in the countryside, however the proposed extension to the domestic curtilage in this specific case is not considered to be excessive when regard is had to the existing property, its surroundings and the scale of the existing paddock. The applicant has provided sound reasoning for locating the garage and access drive in this position, which itself necessitates an extension to the curtilage. Elsewhere in the curtilage are more important specimen trees which should be protected and a large range of buildings to the north and west of the residential property restrict the siting of a garage etc in those directions, though each would also require an addition to the curtilage area. The extended curtilage would be used for tree planting mitigation in the main, and the removal of permitted development rights by condition is reasonable in order to prevent further buildings and development in this area, which might be harmful to the character and appearance of the area.
7.8 The application site is heavily screened within the immediate and wider landscape setting and it is not visible from public vantage points, including the nearby public right of way and field/access gateways. The site is inconspicuous in the wider landscape and there is every prospect of this remaining the case in the longer term.
7.9 The existing paddock appears to be well maintained grassland and relates visually to the adjacent garden due to the open boundary.
7.10 The proposed garage is limited in its size and is set within the domestic curtilage, which is appropriate. Despite the proposed tree removal, it is not anticipated that the garage will be visible in the wider landscape.
7.11 If there is the possibility of a limited glimpse of the site, the proposed development will be seen in conjunction with the existing house and gardens. The proposals can be enhanced and softened within the immediate setting through new landscape planting, which can be secured by condition.
7.12 Despite the proposals conflicting with General Policy 3, it is considered that the development will not give rise to any material harm to the landscape character of the area. It therefore complies with Environment Policy 1, as it will not adversely affect the countryside.
IMPACT UPON TREES
7.12 The proposed development will result in the removal of 12 trees in total, with other impacts upon root protection areas. To assess the impact upon trees, the application is supported by an AIA prepared by Max Roots.
7.13 The submitted AIA confirms that the development will result in the removal of ten category-C trees and two category-U trees. Several retained trees would be at risk of damage due to excavation, grade changes and compaction without appropriate mitigation.
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7.14 The removal of the trees as proposed will reduce the overall canopy cover on the site, but as highlighted in the AIA, the site sits within an area with a higher than average tree cover and within the landscape the loss will not be significant. Whilst the removal of the trees is regrettable, this can be mitigated through the provision of new tree planting on the extended curtilage area with new native species.
7.15 The AIA states that any impacts associated with the proposed driveway and the path connecting the garage to the existing terrace can be mitigated by using a cellular confinement system (geocell) to form the subbase of the hard surfacing. It also states that retained trees are not expected to be caused significant nuisance or harm to health in the longer term.
7.16 In order to address concerns over the construction phase, a tree protection plan showing which parts of the site should be treated as 'construction exclusion zones' for the purpose of protecting tree roots and the soil environment, and where a geocell system should be used, is also submitted.
7.17 The domestic wooded area is not considered to have a high degree of public amenity or conservation value. As highlighted by the DEFA Ecosystem Policy Officer, appropriate replacement planting is required. This can be secured by condition as recommended, the effect of which is to ensure that the development will not give rise to an unacceptable loss of important woodland or trees, such that the proposals comply with Environment Policy 3.
IMPACT UPON ECOLOGY
7.18 The proposed development will result in a minor loss of low value biodiversity habitat, primarily through the removal of the 12 trees.
7.19 The existing paddock that will have its use changed is a semi improved grassland with low amenity value.
7.20 It is considered that the provision of biodiversity enhancement measures, as recommended by the DEFA Ecosystem Policy Officer, can be secured by condition and such will ensure the impact of the proposed development upon biodiversity is appropriately mitigated.
CONCLUSION
7.21 There is limited scope within the existing curtilage to build a new garage due to the presence of other, more important trees, the position of adjacent rural building and the location of the curtilage being to the eastern side of the dwelling where it is both difficult to access and more exposed in the landscape. The agent have explored a number of different sites for the proposed garage both within and outside of the residential curtilage, they have discussed the impact with on other trees with the Forestry department who have advised that this is the optimum location to reduce the impact upon more important trees within the curtilage and it is accepted that the current proposal would have the least impact.
7.21 Having regard to the above considerations, it is considered that the proposed development will not give rise to any material harm to the character and appearance of the landscape. Impacts upon trees and ecology can be suitably mitigated and it is considered that the proposal will not undermine the strategic objectives of Policies GP3, EP1 and EP3. For the reasons set out it is therefore recommended that the proposed development be permitted.
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);
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(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.
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 above 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 Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 10.06.24
Signed : Russell Williams Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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.
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PLANNING COMMITTEE DECISION
Application No 24/00459/B Applicant Mr Matt Newing Proposal Proposed detached double garage, new driveway and extension to existing residential curtilage Site Address The Grange Clypse Moar Road Onchan Isle Of Man IM4 5BG
Planning Officer Russell Williams Presenting Officer As above
Addendum to the Officer Report
An additional condition was proposed by the Members to replace the proposed fence with a sod bank
C 6. No development hereby permitted shall commence until details and drawings of a new sod bank, to be constructed along the southern boundary of the application site, have first been submitted to and approved in writing by the Department. The sod bank shall be fully completed in accordance with the approved details and drawings prior to the development hereby permitted first being brought into use. Reason: To ensure the development makes a satisfactory impact upon landscape character.
Copyright in submitted documents remains with their authors. Request removal