Alterations and erection of patio decking (retrospective)
Site Address:
Tholt Y Will House Tholt Y Will Sulby Isle Of Man IM7 2BF
Officer's Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE DEVELOPMENT CONTROL MANAGER
The Application Site
The application site is the residential curtilage of Tholt Y Will House, a two storey detached property sited on the eastern side of the A14 Tholt-y-Will Road at the bottom of the north western slopes of Snaefell. To the west of the application site runs Sulby River and further to the west of this is a track which leads from the sharp corner on the public highway down towards the house.
The existing dwelling is a timber chalet styled building which was previously a hotel and is now a private dwelling. The dwelling has a large forecourt which leads directly out onto the road. The dwelling is visible from the main highway and is considered to be in a prominent location.
The Proposal
This retrospective planning application seeks approval for the erection of a decking area in the northern part of the garden area.
The complete decking area measures 60 square metres and forms a corner shape and is finished in timber boarding with the hand rail finished in timber with stainless steel wires between each post.
It is understood that there have been works carried out to reconstruct the bank of the stream due to storm damage and erosion. This was carried out in consultation with the Isle of Man Water & Sewerage Authority.
Planning History
Planning permission was granted for alterations to the access from the lane onto the A14 under PA 12/00232. Prior to this there was an application for alterations to the access and lane but this was withdrawn before a decision was taken (PA 11/1157). Prior to this there has been a number of applications for the change of use of the main dwelling from the public
Case Officer:
Miss Melissa McKnight
Photo Taken:
30.01.2013
Site Visit:
30.01.2013
Expected Decision Level:
Planning Committee
house into living accommodation with additional tourist accommodation and alterations of the buildings, none of which is relevant in the consideration of this latest application.
Planning Policy
The application site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as Forestry Board Glen and open space of High Landscape Value and Scenic Significance.
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains six policies that are considered specifically material to the assessment of this current planning application:
General Policy 3 states:
"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, historical, or social value and interest (Housing Policy 11); c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment; d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14); e) location-dependant 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."
Environment Policy 1 states:
"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."
Environment Policy 2 states:
"The present system of landscape classification of Areas of High Landscape of 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 difference 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."
Environment Policy 3 states:
"Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."
Environment Policy 7 states:
"Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; b) details of pollution and alleviation measures must be submitted; c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."
Environment Policy 10 states:
"Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission."
Representations
Lezayre Parish Commissioners have no objection to the current planning application.
The Highways Division has no objections to the current planning application.
Consultations
The Department of Environment, Food and Agriculture (DEFA) were contacted requesting their comments and views as the decking has been erected within 2 metres from a watercourse. DEFA stated that the department would have had some concerns regarding the application, however given the proximity of the decking to the river, the removal of the decking would cause more harm upon the watercourse.
The Isle of Man Water & Sewerage Authority (WASA) was consulted regarding the decking and impact on flooding. WASA stated that the works are above the 1:100+CC envelope and do not affect the flood risk and therefore no further information is required.
Assessment
The site is not designated for development and as such there is a presumption against built structures and development as set out in Environment Policy 1. In terms of the principle of the erection of decking and fencing, General Policy 3 sets out the instances in which it may be acceptable to set aside the presumption against development in the countryside. No provision is made for the erection of decking with associated fencing. The site is, however an established residential curtilage where there are other domestic features visible from the public thoroughfare.
It is therefore necessary to consider the site specific impacts of the development and the impact of the development on the visual appearance on public amenity and the immediate surrounding area and the impact of the development on the nearby watercourse.
In terms of the impact of the decking on the visual appearance of the surrounding area, whilst the decking is visible and prominent from a main public thoroughfare, the decking in situ represents a residential feature within the curtilage of a residential property where development can be expected. The decking is of a scale that is not considered to be inappropriate. For one driving along the A14 the decking area would not necessarily be visible as one would be observing the road and wider area along with the height of the wall. However, the decking is wholly visible to those walking in the area.
As previously mentioned the decking is wholly visible for those walking and is fairly prominent within the locality. The decking is erected 3 - 5 metres from the Bistro and 15 metres from the car park where those would park to visit the bistro and hike within the glens and wide walking paths, therefore the corner in the road that sits adjacent to the decking area would be frequently used by people when visiting Tholt-y-Will. The existing shed and associated water wheel are finished in a colour to match that of the main dwellinghouse. At present the decking and associated fencing are of the natural timber colour and has not been subject to any further treatment. It is considered that if the decking and associated fencing was finished in a colour to match the existing shed with associated water wheel and the main house, the decking would be more sympathetic and in keeping with the surrounding structures and not appear as much of a prominent feature within the area.
Early photographs of the site indicate that the erection of decking may have resulted in the felling of two small pine trees. However, from previous images of the application site it is considered that these two trees did not significantly contribute to the surrounding area and associated glen and their felling has not detrimentally impacted upon the appearance of the locality or diminished the character of the area.
With regards to the watercourse of which the decking has been erected within close proximity, WASA have no concerns in terms of the increased risk of flooding and therefore did not require a Flood Risk Assessment. In terms of the impact directly on the watercourse, DEFA have stated that the removal of the decking would possibly cause more harm and therefore they had no further comments regarding the erection of the decking.
Overall it is considered that the erection of decking and associated fencing is an acceptable form of development, and does not detrimentally affect the amenities of the locality, wider surrounding area and the adjacent watercourse. It is therefore concluded that whilst the planning application does not accord to any of the exceptions under General Policy 3, the application does accord to the provisions set out in Environment Policy 1, Environment Policy 2, Environment Policy 3, Environment Policy 7 and Environment Policy 10 of the Isle of Man Strategic Plan 2007.
RECOMMENDATION
It is recommended that the planning application be permitted.
PARTY STATUS
The local authority, Lezayre Parish Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.
The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 07.02.2013
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
C 1.
This approval for the erection of decking relates to drawings titled Location Plan, Site and Location Plan and Drawing Number: TYW 02/L12 and 2 x photographs detailing the existing decking area all date stamped 23rd November 2012.
C 2.
The erected decking and associated fencing must be finished to match that of the existing shed and main dwellinghouse. This must be undertaken within two months of the date of this notice as it becomes final and must be retained as such thereafter.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Approved Committed Meeting Date : 25.04.2013
Signed : M. McKee Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
Copyright in submitted documents remains with their authors. Request removal
