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19 September 2014 14/00979/B Page 1 of 4 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/00979/B Applicant : Hartford Homes Ltd Proposal : Alterations to existing vehicular access onto highway Site Address : Ballaveare Old Castletown Road Port Soderick Isle Of Man IM4 1BB

Case Officer : Miss Laura Davy Photo Taken : 10.09.2014 Site Visit : 10.09.2014 Expected Decision Level :

Officer Delegation

Officer’s Report

1.0 THE SITE 1.1 The application site is the curtilage of Ballaveare, Old Castletown Road, Port Soderick, Braddan which is a detached dwelling which is situated to the south east side of the highway. It has recently had an approval for the replacement of the dwelling under PA 14/00381/B.

1.2 The field to the rear of the application site is also within the ownership of the applicant, there is currently an application in for the creation of an access to this field under PA 14/00894/B.

2.0 THE PROPOSAL 2.1 The application seeks approval for the alterations to the existing access on to the highway. The alterations to the access include the reduction in height of the existing wall to approximately 1m in height. Removal of part of the existing entrance and erection of new walls either side of the entrance which would be at a height of approximately 2m with dressed stone pillars. There would be a pair of painted metal gates. The splayed entrance gates would result in an opening of approximately 12.2m which narrows to the 3.5m in width at the gates. The existing wall which is to be lowered is constructed of Manx stone and the new wall would be finished with painted render and concrete coping.

3.0 PLANNING HISTORY 3.1 The following previous applications are considered to be specifically material in the assessment of the current application:

PA 11/01551/B Demolition of existing house and barn and erection of a detached dwelling, garages and staff accommodation with associated hard standing - refused

PA 14/00381/B Erection of a replacement dwelling with detached garage and creation of improved vehicular access - approved

4.0 DEVELOPMENT PLAN POLICIES 4.1 The site lies within an area of Open Space and High Landscape Value and Scenic Significance on the Braddan Local Plan of 1991. As such there is a presumption against development as set out in General Policy 3 and Environment Policies 1 and 2.

4.2 General Policy 3

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19 September 2014 14/00979/B Page 2 of 4 Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: a) Essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); b) Conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); c) Previously developed land1 which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or the wider environment; d) The replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); e) Location-dependent development in connection with the working of minerals or the provision of necessary services; f) Building and engineering operations which are essential for the conduct of agriculture or forestry; g) Development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and h) Buildings or works required for interpretation of the countryside, its wildlife or heritage.

4.3 Environment Policy 1 The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.

4.4 Environment Policy 2 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.

5.0 CONSULTATIONS 5.1 Highway Services do not oppose

6.0 ASSESSMENT 6.1 The application seeks approval for the alterations to the existing access. The main issues to consider in the assessment of the application are the principle, the impact upon the character and appearance of the property and the impact upon the character and appearance of the street scene.

6.2 The site is within an area of countryside and therefore not zoned for further development. Highway safety is however a material planning consideration and may be sufficient to override the general presumption against development in the countryside. Approval was granted for the relocation of the access under the previous application PA 14/00381/B, following this approval they feel that more of the existing mature trees could be retained if they were to alter the existing access.

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19 September 2014 14/00979/B Page 3 of 4 6.3 The proposed alterations would include the widening of the driveway, setting the gates further back from the highway so that a car can sit and wait off the highway and reducing the height of the wall to approximately 1m within the visibility splays.

6.4 This section of the Old Castletown Road is characterised by large houses with fairly grand entrances, it has lost much of its rural character given the size of the dwellings and the large frontages on to the highway. Given the size and design of the existing entrances on both sides of the highway it is considered that the proposed access would not have an adverse impact upon the character and appearance of the landscape.

6.5 For the above reasons the application is considered to be acceptable and is recommended for approval.

7.0 PARTY STATUS 7.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; Highway Services, and the Local Authority, Braddan Commissioners in whose district the land the subject of the application sits.

Recommendation

Recommended Decision:

Permitted

Date of Recommendation:

19.09.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

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. Only one of the two accesses that have been approved under PA 14/00381/B and PA 14/00979/B shall be implemented.

Reason: In planning terms it is not possible to implement both of these approvals.

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19 September 2014 14/00979/B Page 4 of 4 This approval relates to Drawing Numbers 001 Rev A and 004 date stamped 15th August 2014.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 19/09/14

Determining officer (delete as appropriate)

Signed : Chris Balmer

Chris Balmer

Senior Planning Officer

Signed :... Sarah Corlett

Senior Planning Officer

Signed :... Michael Gallagher

Director of Planning and Building Control

Signed :... Jennifer Chance

Head of Development Management