Officer Recommendation Memo

Department Of Infrastructure ### Planning and Building Control Division #### Memorandum To: Senior Planning Officer From: Miss Sarah Corlett, Planning Officer Date: 11th April, 2011 Re: PA 09/0508 – approval in principle for erection of dwelling, field 410891, Surby, Rushen --- This approval was granted initially on 26th June, 2009 despite the receipt of four objections. The site is identified in the Arbory and East Rushen Local Plan as suitable for one dwelling. The approval is subject to conditions which require the provision of visibility splays and car parking, full details of the disposal of foul and surface water and that the dwelling is designed with traditional features. No appeal was requested against this decision. The approval also required that the details of the reserved matters be submitted within two years of the date of the approval and that no work may commence until such times as these details have been approved. No such application has been submitted and the site is presently being offered for sale. There has been a change in circumstances since the last approval in the form of the publication of the draft Southern Area Plan and this confirms that the site is suitable for development. Also, the plan identifies Surby as residential where there are existing dwellings, reinforcing the acceptability of residential use of this site. The Town and Country Planning (Development Procedure) Order 2005, Statutory Document 251/05 states: > "13 (1) Any planning approval granted pursuant to this Order shall be deemed to be granted subject to the condition that the development must be begun - > > (a) not later than the expiration of such period as may be specified therein; or > > (b) if no such period is specified, the period of 4 years beginning with the date on which it is granted. > > (2) The period specified under paragraph 1(a) shall not exceed 4 years unless the Department is satisfied that there are special circumstances justifying a longer period. > > (3) Any person interested in the land to which a planning approval relates may, before the expiration of the period referred to in paragraph (1), apply in writing to the Department for the extension of that period, and the Department may subject to paragraph (2), extend that period by such further period as may be specified in the application or such lesser period as the Department may determine". The extended period of a further year would not exceed the four years referred to in the guidance and as such is considered acceptable. The introduction of the draft Southern Area Plan does not affect the decision taken nor guidance provided in respect of this type of development. The condition is the older type which only provides for two years in which development must be commenced, this period including the time for the reserved matters details to be submitted and permitted. The updated wording of the approval in principle condition would have provided at least four years for the reserved matters to have been submitted and works commencing. It is recommended that the applicant's request to extend the period of approval for a further year is granted such that the permission expires on 30th June, 2012. Miss Sarah Corlett Senior Planning Officer