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The site is the curtilage of an existing dwelling, formed through the conversion of existing barns and the addition of minor extensions. The site abuts the Millennium Way long distance public footpath which forms the access to the B30 St. Mark's - Ballamodha road (Bayrauyr). The site is 0.4 acres in size and accommodates the dwelling, a gravel parking area and laid out garden to the west.
The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as Woodland, within a wider area of "white land", that is, not designated for development. On the draft Southern Area Plan of 2011 the site lies within an area of Woodland within a wider area of incised Slopes where the following advice is provided:
"The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities. Key views are - Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect
of hedgerow trees, which tend to create wooded horizons. Open and panoramic views out to sea from the higher areas on the upper parts of the area where there are few trees to interrupt views".
Proposed here is the erection of a garage building to the south of the main dwelling and alterations to the main dwelling including the installation of a flue, rooflights and the replacement of the existing conservatory with a slightly larger one of a different style. The rooflights are to be inserted in the southern pitch and within the centre of the two elements of the complex and the flue is similarly central, limiting its impact. The new conservatory will have its ridge running parallel with that of the attached building and with a timber frame. It dimensions are to be 4.5m by 4.4m compared with the existing which is 4.8m by 2.8m.
Environment Policy 3 sets out the policy for development within areas of Woodland: "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".
The policy for development within the wider countryside is set out in Environment Policy 1 which 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 over-riding 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".
Housing Policy 15 states "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)."
Malew Parish Commissioners and the Highways and Traffic Division both indicate that they do not oppose the application.
The comments of the DEFA Forestry Division have been sought and they raise no objection but comment that the smaller elm to the north of the proposed garage is a poor specimen and if this were removed, and the garage relocated by approximately 3.5m to the north it would sit equidistant from the remaining trees with more space for them to adapt to the new building.
The replacement of the conservatory will not increase the amount of floor space by such as to contravene Housing Policy 15 and the appearance of the new conservatory is an improvement on the existing. As such, this element of the application is considered to be acceptable.
The erection of a garage is not unacceptable in principle and the appearance and design of the garage is complementary to the existing buildings on the site. The garage will be built close to existing trees but the Forester has advised that if the trees are protected the trees will not be endangered. His comments regarding the removal of the elm and relocation of the tree should be passed on to the applicant. This would result in no adverse impact and very little difference in the impact on public amenity which is limited to the view from the adjacent footpath on the other side of the trees.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 07.04.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the erection of a garage and conservatory as shown in drawings WL/11/1186/1 and WL/11/1186/2 and the location and site plans all received on 22nd February, 2011.
C 3. Prior to the commencement of any construction or excavation works for the proposed garage, protective fencing must be erected under the dripline of the trees to be retained adjacent to the proposed building and this fencing must be retained in situ for the duration of the construction works with no excavation undertaken within the fenced area nor materials stored therein.
N 1. The applicant is encouraged to consider the removal of the elm in between the outer two trees adjacent to the proposed garage and the relocation of the garage into the centre of the gap between the trees, thus providing more space between the remaining trees and the proposed garage. Such amendment may be undertaken within the terms of this approval.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.
Decision Made : Permitted Date : 18/4/11 Signed : [Handwritten signature] Senior Planning Officer
Decision Made : Permitted Date : 18/4/11 Signed : [Handwritten signature] Senior Planning Officer
Director
7 April 2011
Director
7 April 2011
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