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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : Applicant: Proposal: 14/01387/B Mr Lorenzo Fappiano Erection of gate pillars and installation of wooden gates to existing vehicular accesses Brookside Site Address : Tosaby Road Ealry Isle Of Man IM4 3HW Case Officer: Photo Taken ; Site Visit: Expected Decision Level : Miss S E Corlett 30.12.2014 30.12.2014 Officer Delegation Officer's Report THE SITE 1.1 The site is a roughly rectangular piece of land which lies on the eastern side of the Tosaby Road to the south of the Eairy Dam. The site is 0.9ha (2.2 acres) in area. The site includes all the land in the same ownership as Brookside Cottage although the land readily associated with the dwelling appears to be that nearest the dwelling rather than the other half of the site to the south which is more unmanaged. The planning history seems to show that when the house and garage were first approved under PAs 91/00213/B and 93/01026/B the residential curtilage was only as far as but not including the formerly existing garage. When the later applications were submitted for the garage on its own, PAs 05/00138/B and 07/00807/B the red line area seems to have increased to include all of the land which is the subject of the current application, despite the Area Plan (The Isle of Man Planning Scheme (Development Plan) Order 1982) not designating any of the site as residential. 1.2 One historic aerial photograph seems to show an access off the highway when the alterations are now shown but no driveway or accessway into the site as is on site currently. It is therefore accepted on balance that there may well have been an access there originally, although the applications for the garage make it very clear that the access to it is from the main house not from the land to the south. 1.3 The site has two accesses, one directly serving the dwelling and detached garage and the other serving the southernmost part of the site. The latter has been recently modified and takes the form of a basic opening in the roadside boundary which was previously a low bank and trees. There is an unauthorised container and shed on the site towards the south eastern end of the site. Neither of these structures has the benefit of planning approval. 1.4 Currently the roadside boundary at the southern side of the garage is very informal and the site very open. The access is clearly there in the form of gap in the roadside low bank and tarmacadam drive in. THE PROPOSAL 2.1 Proposed here is the erection of gate pillars and a gate at the southern entrance in the site. The pillars will be 2m tall, 400mm square and set back from the highway by Im at the northern end and 2m at the southern end. One of the drawings appears to show walling along the remainder of the frontage and planting is shown on the other site plan. The pillars will be 14/01387/B Page 1 of 3

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finished in stone and the gates will be up to 2m and made of timber with an overall width per opening of 3.5m. PLANNING STATUS 3.1 The site lies within an area of Open Space on The Isle of Man Manning Scheme (Development Plan) Order 1982, that is, not designated for a particular purpose. As such, there is a presumption against development as set out in Environment Policy 1 and General Policy 2. There are no policies which provide for domestic structures such as garages, sheds. However, a detached garage has been built, associated with but some 44m to the south of the existing dwelling (see Planning History). PLANNING HISTORY 4.1 The dwelling was approved as a replacement, under PAs 91/00213/B and 93/01026/B. Permission was granted for the garage under PAs 05/00138/B and 07/00807/B, More recently planning approval was granted for patio walling and a pizza oven. Approval is currently being sought contemporaneously for the erection of a shed in the southern portion of the site under PA 14/01388/B. REPRESENTATIONS 5.1 Marown and Malew Parish Commissioners indicate that they do not oppose the application (18.12.14 and 08.01,15). ASSESSMENT 6.1 The gate piliars will have an urbanising impact on the appearance of the area but the site is dearly residential in approved use and sits between existing dwellings on what is the approach to the small settlement of the Eairy, As such, the introduction of pillars Is not considered objectionable in terms of their visual impact. There is no indication that the works will adversely affect highway safety. PARTY STATUS 7.1 The local authorities are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. 7,2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d. Recommendation Recommended Decision: Permitted Date of Recommendation: 13.01.2015 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. 14/01387/B Page 2 of 3

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The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. To comply with article 14 of the Town and Country Planning (Development Reason: Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. This approval relates to the drawings and images received on 5th December, 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. 'lio 2^ I & Decision Made: Permitted Date Determining officer (deiete as appropriate) Signed :... Chris Balmer Senior Pianning Officer Signed :... Sarah Corlett Senior Pianning Officer Signed :... Michael Gallagher Signed ;... Jennifer Chance Director of Pianning and Building Controi Head of Development Management 14/01387/B Page 3 of 3