Officer Report 13/00180/B

Case Officer: Miss Melissa McKnight Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

The Application Site

1. The application site is the residential curtilage of Lezayre Lodge, a large detached dwelling sited on the northern side of the A3 Rheynn Cullyn, Lezayre. The dwelling is located 34 metres from the highway and is screened by natural vegetation, hedging, large mature trees and fencing; which is the subject of this current planning application.

1. The surrounding area is characterised by a mix of detached properties of different form, size, layout and design, and a handful of established farm holdings.

The Proposal

1. This retrospective planning application seeks the approval for the erection of wooden screening behind the existing front wall that fronts the highway in replace of a belt of leylandii hedging.

1. The wooden screening measures just less than 2.2 metres above ground level and protrudes 1.2 metres above the existing low rise wall. The erected fencing 20 metres along the existing wall boundary between the two vehicular accesses with additional fencing placed on the eastern side of the vehicular access to the west of the dwelling. The fence has been painted green.

1. The wooden fencing has been erected to increase the privacy as a result of the felling of leylandii hedge that was severely damaged from the salt spreading of the roads and due to the spread of the trees. The applicant has stated that a felling licence was received by the Department of Environment, Food & Agriculture.

Planning History

1. The application site has been the subject of twelve previous planning applications; under PA 88/00127/A, approval in principle was granted for the demolition of the existing fire damaged house and erection of new house. Full approval for the dwelling was granted under PA 89/01247/B. The last planning application submitted in 2003 under PA 03/01292/C for the change of use of part of existing adjoining flat to a consultancy room for a Metaphysical Practitioner and Counsellor which was granted planning permission. Prior to this there has

Application No.:	13/00180/B
Applicant:	Mr & Mrs Mervin Scott
Proposal:	Erection of fencing adjacent to highway (retrospective)
Site Address:	Lezayre Lodge Kerrowmoar Sulby Isle Of Man

been a number of applications for extensions, alterations and the erection of signage, none of which is considered relevant to the consideration of this application.

Planning Policy

1. The application site is not designated for any site specific purpose but is located within an area designated as part area of High Landscape or Coastal Value and Scenic Significance and part Woodland under 1982 Isle of Man Development Plan.
2. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains four policies that are considered specifically relevant 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, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land 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 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."

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 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."

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."

Representations

1. Lezayre Parish Commissioners have no objections to the current planning application.
2. The Department of Infrastructure Highways Division has no objection to the current planning application and note that the fence is set back 2 metres from the highway and does not interfere with the visibility splays and is an improvement to the existing trees.

Consultations

1. The Department of Environment, Food and Agriculture (DEFA) was contacted regarding the removal of the hedgerow. It was confirmed that approval had been granted for the removal of a number of trees at this location. In addition DEFA stated that the trees were relatively young and established by the previous owner in order to provide screening and measured about 15 ft tall and were out of character and alien to the local environment. The trees were relatively young in age and in generally good health with some having road salt damage) and a couple more having had extra supports added due to wind damage and partial uprooting.

Assessment

1. 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. However, there is provision within the Town and Country Planning (Permitted Development) Order 2012 for the erection of fencing under certain circumstances. However, the proposed fencing falls outside of the provisions of permitted development due to its height.
2. It is therefore necessary to consider the site specific impacts of the development and the impact of the impact of the wooden screening on the visual amenity of the surrounding area and impact on the character and quality of the landscape.
3. The erected is fencing is wholly visible when one travels in either direction along the A3, however the proposed colouring and materials used in the construction does not result in the erected fencing appearing as an overbearing or obtrusive feature within the locality and is not of a scale that deters from the character and quality of the landscape.
4. Whilst the loss of the hedgerow removes an element of vegetation that is prominent in the area, there are still a number of trees and hedgerow remaining that still add to the prominence of vegetation within the locality.
5. Whilst the area is popular for walkers, the majority of people travelling past the site are in cars at a speed of 50 mph and would not necessarily note or be distracted by the erected fencing given its finish.
6. Overall, it is concluded that the planning application is in accordance with the provisions set out in Environment Policy 1 and Environment Policy 2 of the Isle of Man Strategic Plan 2007.

Recommendation

1. It is recommended that the planning application be permitted.

PARTY STATUS

1. The local authority is, Lezayre Parish Commissioners, 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.
2. 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: 18.03.2013 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 fencing relates to Location Plan and Site Plan and three page A4 document detailing the existing hedgerow and associated information and section drawings of the erected fencing all date stamped 13th February 2013.

C 2. The erected fence must remain painted a dark green colour and maintained as such thereafter.

C 3. Notwithstanding the details on the Location Plan, field No. 134312, may be used only for agricultural purposes only and may not be used for residential purposes.

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

Decision Made : Permitted Date : 18.03.2013

Determining officer (delete as appropriate)

Signed : Sushamett Anthony Holmes Sarah Corlett

20 March 2013 13/00180/B Page 4 of 5

Senior Planning Officer

Signed : Michael Gallagher Director of Planning and Building Control

Senior Planning Officer Signed : Jennifer Chance Development Control Manager