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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90186/GB Applicant : Milntown Estate Limited Proposal : Pedestrian access gate off Crossags Lane Site Address : Milntown Estate Glen Auldyn Ramsey Isle Of Man IM7 2AB

Planning Officer: Russell Williams Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 11.04.2025 __

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 development shall be completed in accordance with the materials as indicated on approved drwg no. 1082.03A.

Reason: In the interests of the character and appearance of the site and surrounding area.

This application has been recommended for approval for the following reason. The proposed access gate will not give rise to any significant adverse impact upon visual or residential amenity or highway safety in the area. The gateway is of suitable materials for the immediate setting and that of Registered Buildings in the area. The development is therefore considered to comply with General Policy 2 and Environment Policy 2 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This approval relates to the following drawings and documents received on 19 February 2025:

Dr. No. 1082.03A Proposed Plans

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Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: Lezayre Parish Commissioners - No objection DOI Highway Services - No objection

It is recommended that the owners/occupiers of the following properties should be given the Right to Appeal as they have submitted an objection that meets the specified criteria: Aldin Cottage, Glen Auldyn, Lezayre. __

Officer’s Report

1.0 THE SITE

1.1 The site represents the residential curtilage of Milntown Mansion, Glen Auldyn, Ramsey, which is a large detached property set within substantial grounds, located on a corner plot with Lezayre Road to the north and Glen Auldyn Road to the west of the site.

1.2 The application site is a section of stone walling and hedgerow to the southern boundary of the estate.

2.0 THE PROPOSAL

2.1 The application seeks planning permission for the formation of a new pedestrian access gate within the low wall and hedgerow.

2.2 The gateway will be formed with a new 2.7m opening in the hedgerow and the gate width will be 1200mm with a type 1 aggregate entrance within the existing hedging. The new gate access will link via the existing garden paths the Milntown carpark and buildings.

3.0 PLANNING POLICY

3.1 The application site is within an area recognised as being an area of 'Low Density Housing in Parkland', under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area but is within an area zoned as High Landscape or Coastal Value and Scenic Significance. The main house is also a Registered Building (nr 168).

3.2 General Policy 2 of the Strategic Plan is considered applicable, which states: "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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;

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(j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

3.3 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."

4.0 OTHER MATERIAL CONSIDERATIONS

4.1 None

5.0 PLANNING HISTORY

5.1 No planning history of material planning relevance.

6.0 REPRESENTATIONS

6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:

Lezayre Parish Commissioners - No objection - request that a pedestrians only sign is erected.

DOI Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the pedestrian access gate is onto a low flow cul-de-sac linking up to a public footpath and suitable visibility is achieved for the relatively low speed of vehicles along the lane.

6.2 1 representation has been received from members of the public and can be summarised as follows: o The gateway will be off Garrett's Lane and not Crossag's Lane; o The gateway will be directly opposite a window to a main room in our house (Aldin Cottage) o Concerned over safety risks for pedestrians o The road has no footpath making it unsafe for more pedestrian traffic. o Proposal represents a significant risk and may not align with relevant planning policies. o There are plenty of other access points to the hairpin tree planting project via Crossags Lane or the Ramsey hairpin, without having to use the Milntown estate.

7.0 ASSESSMENT

7.1 The description of the development originally described the access as being off Crossag's Lane, however it would appear that this is not the case, with Crossags Lane being east of golf course and not connected directly to the access lane adjacent to the application site. As noted by the neighbouring resident in their representation, the lane off which the

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access would be located is thought to be known as Garrett's Lane. Due to relative uncertainty the description has been amended accordingly.

7.2 The key considerations in the determination of the application are the impact upon the character and appearance of the area, highway safety and residential amenity.

Impact upon the character and appearance of the area

7.3 The site is to the southern end of the curtilage associated with the Miltown Estate. It is some distance from the Registered Building, the setting of which will be unaffected. The proposed access will result in the loss of a short section of evergreen hedgerow to the northern side of the access lane. The low wall will be removed and as indicated on the submitted plans, a new timber gate will be erected, painted Milntown Estate Green.

7.4 The site is directly opposite an existing dwelling and there are multiple pedestrian and vehicular accesses off the access lane. The proposal will not, therefore, be out of keeping with the area and the appearance of the gate is acceptable, being set into the hedgerow and back from the carriageway edge.

Transport and highway safety

7.5 The application confirms that the gate will not form a new right of way and will only be open whilst Milntown is open to the general public. It will link Milntown to the newly proposed Manx Wildlife Trust hairpin tree planting project via a Public Footpath.

7.6 The gateway is relatively wide at its junction with the access land and will offer suitable pedestrian sightlines onto what is a very lightly trafficked lane that appears to be a no-through road and serves only a small number of properties and parcels of land.

7.7 Highway Services do not object and it is considered that there will be no adverse impact upon highway or pedestrian safety.

Residential Amenity

7.8 Residents of Aldin Cottage, which sits opposite the site, have raised concerns over highway safety and their own property, though specific harm has not been indicated but they emphasise the gate way "will be directly opposite a window of a main room of our house"

7.9 Aldin Cottage has a number of windows to its norther, roadside elevation, one of which is adjacent to the proposed gateway. Users of the gateway may, therefore see into the window if so inclined, however, the window in question can already be seen into by passers-by along the lane. The gateway is likely to have a low level of use and only when the Estate gardens are open to the public, otherwise it will remain locked. As such it is not considered to have any greater impact upon the general amenities of this cottage over and above the existing levels.

7.10 Whilst the gateway may increase slightly public view of the neighbouring dwelling and one window, given that the window has no privacy at present, the level of harm is considered to be very low.

8.0 CONCLUSION

8.1 The proposed access gate will not give rise to any significant adverse impacts upon visual or residential amenity of highway safety in the area. The gateway is of suitable materials for the immediate setting and the development is therefore considered to comply with General Policy 2 and Environment Policy 2 of the Isle of Man Strategic Plan 2016. It is therefore recommended that planning permission be granted.

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9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to: o Applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.

9.5 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 the Right to Appeal.

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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 and/or rights to appeal.

Decision Made : Permitted

Date: 15.04.2025

Determining Officer

Signed : J SINGLETON

Jason Singleton

Principal Planner

Customer note

This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.