10 January 2023 · Delegated - Principal Planner (Jason Singleton)
Wayside, Gordon, Peel, Isle Of Man, IM5 3at
The proposal involved the change of use of approximately 63.76m² of side field land from agricultural to residential curtilage for the existing bungalow at Wayside, Gordon, Peel. Originally, the application included a side extension, but this was removed due to concerns over impact on existing trees.
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The officer assessed the principle of extending residential curtilage into agricultural land in a countryside location zoned 'not for development', noting it is generally contrary to Environment Polic…
General Policy 3
Requires development only in zoned areas or stated exceptions (not including curtilage extensions). Officer found the small extension within streetscene does not offend objectives to avoid countryside harm, despite strict zoning.
Environment Policy 1
Prevents development adversely affecting countryside except in exceptional circumstances; also requires no adverse visual effect. Proposal contrary in principle but acceptable due to no practical harm from size, location, and historical use.
Environment Policy 2
Development in High Landscape/Coastal Value areas must not harm landscape character/quality. Assessed as compliant given absence of visual or character harm.
Environment Policy 3
Prevents unacceptable loss/damage to woodland. Relevant due to site in Area of Private Woodland/Parkland and tree concerns; extension withdrawn to mitigate.
Time limit
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
No further alterations without approval
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
No Highways Interest.
no objection subject to tree protection measures for the mature trees
DOI Highways has no highways interest in the proposal. Senior Arboricultural Officer recommends an Arboricultural Impact Assessment and Tree Protection Plan due to concerns over a Category B elm tree, otherwise objecting. Patrick Parish Commissioners have no objection provided there is adequate protection for mature trees.
Key concern: potential detrimental impact on Category B elm tree due to rooting in development area without Arboricultural Impact Assessment
Department of Infrastructure (DOI) Highways Division
No ObjectionNo Highways Interest; NHI on 16.02.2022; continues to apply no highway interest to this proposal
DEFA Senior Arboricultural Officer
Conditional No ObjectionI am not convinced that largest elm tree is not utilising the garden for rooting; As a special specimen, it is the Directorate's view that further investigation is warranted in to the extent of the arboricultural constraints imposed by the presence of this tree; If this additional information is not provided, the Directorate would have to object to the application
Conditions requested: request an Arboricultural Impact Assessment and Tree Protection Plan are submitted prior to determination of the application; These documents should be prepared in accordance with the recommendations of British Standard 5837:2012 (Trees in relation to design, demolition and construction - recommendations)
Patrick Parish Commissioners
Conditional No ObjectionThe Commissioners have no objection in principle so long as there is adequate protection for the mature trees shown on the plan; No additional comment is made in respect of the following
Conditions requested: adequate protection for the mature trees shown on the plan; Perhaps an impact statement is required?
