Officer Report

Application No.: 15/00463/B Applicant: Mr & Mrs Richard Jones Proposal: Alteration to vehicular access Site Address: Ash Lodge Patrick Road St Johns Isle Of Man IM4 3BR Case Officer : Miss Melissa McKnight Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of Ash Lodge and the curtilage of a small parcel of land adjacent to the vehicular access of Ash Lodge. Ash Lodge is a large detached dwelling located on the southern side of the Patrick Road, St Johns. - 1.2 The application dwelling is set back 75 metres from the highway. The application site is bounded by stone walling and tree planting to Patrick Road.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for alterations to the existing vehicular access and installation of a new traffic mirror adjacent to the application site. - 2.2 It is proposed to create a sweeping curve access with Manx stone walls which would result in the access being set back 6.2 metres from the highway as opposed to the existing situation of 2.7 metres. The proposal comprises increasing the width of the existing access at the roadside from approximately 9 metres to 18.5 metres and widening the internal section of the driveway from 3.05 metres to 3.5 metres. - 2.3 The proposed works also involves the removal of three conifer trees to be replaced with low level shrubbery.

3.0 PLANNING HISTORY - 3.1 Ash Lodge has been the subject of two previous planning applications neither of which is considered materially relevant to the assessment of this current planning application.

4.0 PLANNING POLICY - 4.1 The application site is located within an area designated as Area of High Landscape or Coastal Value and Scenic Significance under the Isle of Man 1982 Development Plan. - 4.2 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, 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."

5.0 REPRESENTATIONS - 5.1 Patrick Parish Commissioners support the planning application (13/05/2015). - 5.2 The Department of Infrastructure Highways Division does not oppose the current planning application subject to the following condition:

"Nothing must be planted or erected within the visibility splay that may grow to more than 1.05 metres in height" (12/05/2015).

6.0 CONSULTATIONS - 6.1 Within the submission of the planning application was an email dated 17th April 2015 from the Department of Environment, Food & Agriculture (DEFA): Forestry, Amenity and Lands Directorate confirming that DEFA have no objection to the removal of the three cypress (conifers) trees indicated on the drawings supplied.

7.0 ASSESSMENT - 7.1 Given the nature of the planning application and location of the application site, it is imperative to consider the impacts of the proposed development on the character, quality and appearance of the locality and landscape. - 7.2 The starting point for any development within the countryside is General Policy 3 of the Isle of Man Strategic Plan. This policy states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of those developments indicated within General Policy 3. - 7.3 The creation of a vehicular access is not included in the list of potential exceptions for development within the countryside; however, the Department has approved such schemes where they have been a justified form of development, whilst also not having a significant visual impact upon the countryside. Most recently there have been four notable planning applications that have been granted planning permission for alterations to a vehicular access in areas of High Landscape or Coastal Value and Scenic Significance, these previous planning applications are PA 13/91323/B which involved relocating the existing vehicular access to create a new vehicular access; PA 13/91133/B which involved the increase of the existing entrance; PA 13/00861/B involved the centralisation of the driveway, to create one driveway to serve the residential units with gate pillars constructed of Manx Stone and sod banks to either side with the driveway finished with brick paviors; and PA 13/00791/B which involved the removal of part of an existing stone wall with an opening of 4 metres set back 6 metres from the highway along with the creation of an area of hardstanding. One must also not disregard that the application site is in an established residential curtilage and these forms of development are ancillary to a residential unit. In addition to this Highway safety is a material planning consideration and may be sufficient to override the general presumption against development in the countryside. - 7.4 With regards to the impact of the proposed development on the character and quality of the landscape. Patrick Road is characterised by planting on both sides comprising hedging and established mature trees. There are a small number of properties and farm holdings along Patrick Road which are sparsely distributed with the majority having narrow vehicular accesses of various forms and finishes. Ballaspet House is located more than 650 metres east of the application site and has a similar access to what is being proposed under this scheme with regards to size and form. Therefore the proposed new access would not be considered to be completely out of keeping within the locality and would be acceptable within the street scene. - 7.5 The proposed new vehicular access and walling would be one, if not, the largest vehicular access along Patrick Road in terms of width and would inevitably alter the appearance of the area. Nevertheless, what is proposed is considered to be of high quality, finished in Manx Stone that would match other existing walling along Patrick Road and wold provide a much tidier appearance to the area and the application site itself and is therefore not considered to detract from the character and quality of the area.

7.6 The development proposed would result in the loss of three existing conifer trees; however given the dense populace of existing vegetation and the proposed planting of low level shrubbery, the proposed loss of the three trees is not judged to have a significant or detrimental impact on the visual amenities of the area. - 7.7 The widening of the driveway and the setting of the gates further back from the highway not only improves visibility but also allows for a vehicle to sit and wait off the highway resulting in an overall highway safety improvement and benefit the users of Ash Lodge but also to users of the highway.

8.0 CONCLUSION - 8.1 Balancing the visual appearance of the development against the safety implications, the proposed new vehicular access would inevitably allow easier and safer access to and from the property onto the highway by providing a waiting space and significantly improved visibility.

9.0 RECOMMENDATION - 9.1 Overall, the proposed development is deemed acceptable and the proposed development is concluded to comply with General Policy 3, Environment Policy 1, 2, and 3 of the Isle of Man Strategic Plan 2007 and as such it is recommended that the planning application be permitted.

10.0 PARTY STATUS - 10.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Division of the Department of Infrastructure; and
• (e) The local authority in whose district the land the subject of the application is situated.

Recommendation Recommended Decision: Permitted Date of Recommendation:

13.07.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

• Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
• C 2. Nothing must be planted or erected within the visibility splay that may grow to more than 1.05 metres in height. Reason: In the interests of highway safety.

This approval relates to DWG REF 15/NW/2265 - 2001 date stamped as received 30th April 2015 and 15/NW/2265 - 2000B date stamped as received 16th June 2015.

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.

Decision Made : Permitted Date : 14.07.2015 Determining officer

Signed :…………M GALLAGHER….. Michael Gallagher Director of Planning and Building Control