12/01316/B Creation of new vehicle access and erection of front wall (retrospective)
This statement provides additional information for the Planning Officer with reference to the above planning application following on from the Planning Committee's decision to refuse planning permission (retrospective) for the erection of a wall and vehicular access running north-south to the eastern boundary of the Sarah's Cottage site.
Having lost the Permitted Development Rights as a result of condition C3, Approval for the Erection of a Replacement Dwelling (retrospective) 17th June, 2011 PA09/01978/B and PA04/01353/B and Erection of a Detached Garage (retrospective) 19th December 2011 PA11/00539/B, hard and soft landscaping drawings were submitted on 31st January 2012 11/00539, to the Planning Officer, Chris Balmer. The drawings clearly show the stone wall to the east boundary of the property and were subsequently approved to complied with condition C3 and the wall was built. A letter was received from Mr Singleton, Enforcement Officer, dated 23rd August 2012 stating that there had been a planning breach as to the height of some sections of the wall, of which I was unaware, and could have been the result of the topography of the landscape during construction. I was advised by Mr Singleton to submit a retrospective planning application for the deviation in height to address the issue. This was duly carried out by my architect, Penketh Millar, application 12/01316/B dated 4th April, 2012, which was subsequently refused. I can now agree that the wall has been built higher than originally approved but cannot understand as the reasons for refusal contradicted the original approval for the wall, (landscaping drawing 10 726 09 Rev. A). It was noted that during a meeting on site with the planning officer, Melissa Mc Knight that she had not seen or had any knowledge of the approved landscape drawings. It was my intention to regularise the issues raised by Mr Singleton, Enforcement Officer, to meet planning and highway legislation through the retrospective planning application 12/01316/B. Unfortunately, the refusal of this application has resulted in much confusion as to what the Planning Officer and Highways Officer require despite the fact that the vehicle access meets the legislation for a rural, single track road of X 2 metres and Y 23 to 36 metres to the centre of the road. Please see emails in Appendix 1 of Penketh Millar's Additional Information.
I believe that such details of the drawings 11/00539 should have been provided to the planning committee for the application 12/01316/B dated 4th April 2013. I am also concerned that details have been published that the wall had been built without planning permission, which is not the case. I am not sure why I have received so many differing recommendations from the highways department but we will endeavour to legalise the wall.
I have invested in Sarah's Cottage and finished the property to a very high standard, whilst ensuring the property and landscaping is kept in a Manx style. I have always discussed our plans with our neighbours and the general community and only ever
received positive feedback. My neighbours and myself cannot understand why I have encountered so many problems with the Planning and Highways Department, which continues to delay the completion of the site.
I hope this matters can be dealt with in a positive way.
Mr T C Rand 28th June 2013
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