**Document:** DEC Officers Report **Application:** 14/01074/B — Retention of boat shelter **Decision:** Permitted **Decision Date:** 2014-10-28 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/35293-malew-monks-walk/documents/1091737 --- # DEC Officers Report ### Officer's Report [Table omitted in markdown export] ## THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE HISTORY OF THE SITE #### 1.0 The Application Site 1.1 The application site is the residential curtilage of Monks Walk, a detached dwelling located on the south western side of Bridge Road in Ballasalla. The site comprises curtilage of Monk's Walk and two fields which are undeveloped. 1.2 To the north of the site is Stone Mount and to the south west of the application site is Hunters Lodge. 1.3 Currently on site are a take-away trailer, timber shed, boat shelter and boat and other items covered with blue plastic sheeting. The take-away trailer does not have planning permission and should be removed or an application submitted seeking its approval. #### 2.0 The Proposal 2.1 This current planning application seeks approval for the retention of a boat shelter for a further one year. The shelter has a timber frame with a green plastic sheeted roof. The shelter has a total length of 7.9 metres, width of 3.9 metres wide and height of 3.8 metres #### 3.0 Planning History 3.1 The application site has been the subject of a number of previous planning applications, two of which are considered materially relevant to the assessment of this current application, both of which were granted planning permission and have been listed below: PA 12/00144/B: Erection of an extension to shed (Retrospective). PA 11/00747/B: Erection of a boat shelter (Retrospective). #### 4.0 Planning Policy 4.1 In terms of local plan policy, the application site is in an area zoned as Predominantly Residential under the Area Plan for the South 2013. 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered materially relevant to the assessment of this current planning application: General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: - (a) is in accordance with the design brief in the Area Plan where there is such a brief; - (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; - (c) does not affect adversely the character of the surrounding landscape or townscape; - (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; - (e) does not affect adversely public views of the sea; - (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; - (g) does not affect adversely the amenity of local residents or the character of the locality; - (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; - (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; - (j) can be provided with all necessary services; - (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; - (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; - (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and - (n) is designed having due regard to best practice in reducing energy consumption." ## 5.0 REPRESENTATIONS 5.1 Malew Parish Commissioners object to the planning application and state that the temporary boat shelter should be either removed or a new application submitted (03/10/2014). 5.2 A representation has been received from the owner and/or occupier of Hunters Lodge objecting to the planning application on the following grounds: - Detrimental visual impact on the appearance of the area; - The temporary structure is becoming permanent; and - Become a permanent detraction from the visual amenity value of this rural area. (24/09/2014). ## 6.0 ASSESSMENT 6.1 There are two fundamental issues to consider in the assessment of this current planning application. Firstly, it is essential to consider the impact of the development on neighbouring residential amenity and secondly, it is imperative to consider the impacts of the boat shelter on the visual amenity of the locality and public amenity in general. 6.2 The application site field, abutting the immediate residential curtilage of Monks Walk, is included in the local area plan as residential, as such this should be treated as part of the curtilage and as such, the principle of such a structure for its use is compatible with the existing shed alongside. 6.3 The structure has clearly not been built or designed to be permanent however, the applicant has had previous planning approval in 2011 to retain the structure for two years which ran out in July 2013. The applicant now wishes to retain the structure for a further one year. 6.4 As opposed to the previous structure, the blue sheeting has been replaced with green sheeting. This helps soften the appearance of the structure against the existing boundary of trees and minimises the impact of the development as viewed from the private road which travels to the west of the site. 6.5 Such a structure would not be most uncommon within large garden protecting equipment or vehicles which cannot be garaged. Planning permission would not be required simply for covering material or vehicles with such sheeting without the timber posts. 6.6 It is considered that the structure is a simple and temporary structure which will be removed on within the year of approval and it is not so visually detrimental to the outlook from neighbouring properties or public thoroughfares as to warrant refusal. ### 7.0 Recommendation 7.1 Overall, it is concluded that the planning application accords with the provisions of General Policy 2 and Paragraph 8.12.1 of the Isle of Man Strategic Plan 2007 and is recommended for approval. ### 8.0 Party Status 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits. 8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: The owner and/or occupier of Hunters Lodge, immediate neighbour of the application site. ### 9.0 Planning Committee Supplementary Report 9.1 The planning application was recommended for approval and was brought before Planning Committee on 27th October 2014 for consideration. 9.2 The key issues of the application were summarised and the application was discussed with particular regard to the temporary nature of the structure. It was decided that a note should be attached to the approval stating that it is unlikely Planning Committee would grant further temporary approvals for the existing boat shelter. 9.3 Planning Committee accepted the recommendation for approval. ## Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 17.10.2014 ### 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. The boat shelter hereby approved shall be removed on or before 31 October 2015. **Reason:** The development has only been found to be acceptable on a short term basis because it meets a specific need. #### N 1. It should be noted that Planning Committee are unlikely to grant any further temporary approvals for a boat shelter. --- Location Plan, Site Plan and 1 x A4 Photo showing the boat shelter date stamped as received on 31st May 2014. --- I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority. **Decision Made:** Permitted **Committee Meeting Date:** 27/10/2014 **Signed:** [Handwritten Signature] Presenting Officer **Further to the decision of the Committee an additional report/condition reason is required.** Signing Officer to delete as appropriate ## ☑ YES Planning Committee supplementary report above under Paragraph 9.0 of the report. --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/35293-malew-monks-walk/documents/1091737*