**Document:** Officer Planning Report **Application:** 08/01293/C — Change of use of strip of land from agricultural to residential use **Decision:** Refused **Decision Date:** 2008-09-25 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/86018-german-field-314194-change-of-use/documents/1236188 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] 01.09.08 - Would like to have the residential use qualified before commenting on this application, the application should provide more detail as to the proposed use of the land. ### Officer's Report ## THE SITE The application site represents a strip of land extending from the south east corner of Field 314194, Ramsey Road, German. The applicant owns both the field and 1 Knocksharry Cottages, the rear garden of which adjoins the field. ## The Proposal This application seeks approval for the change of use of the strip of land from agricultural use to residential use to provide additional garden space by increasing the residential curtilage of the property. ### Planning Status The application site is located within an area identified as being of High Landscape or Coastal Value and Scenic Significance by the 1982 Development Order. Within the Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the assessment and determination of this application: Environmental 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." Environmental Policy 2, which states: "The present system of landscape classification of Areas of High Landscape or 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 different 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." ### Planning History There are no previous planning applications considered relevant in the assessment and determination of this application. ### Representations German Parish Commissioners have not commented on this application stating that more information on the proposed use should be submitted. The Department of Transport Highways Division does not object to this application. The owner/occupier of Knocksharry House, Switchback Road, Knocksharry, German objects to this application. Their reasons for objecting may be summarised as concerns that the proposal would adversely affect the area recognised as being of High Landscape or Coastal Value and Scenic Significance. The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan objects to this application. Their reason for objecting may be summarised as concerns that there is no justification for the proposed change of use. The Manx Electricity Authority has commented on this application in relation to overhead lines/underground cables in the vicinity of the application site. ### Assessment The applicant has submitted justification for the proposed change of use of the land, setting out that the land would be used to increase the size of the existing garden. It would be anticipated that a shed and child's climbing frame would be erected on the land should approval be forthcoming. The proximity of the main road to the garden is cited as a reason for extending the existing garden. Whilst the reasoning of the applicant is understood, it remains that the proposal would alter the character of the land from having a rural nature to a more domestic appearance. It is likely that if permission were to be granted, a condition of approval would require permitted development rights to be removed in order to protect the character of the countryside. Notwithstanding this, it is considered that the change of use of the land to become part of the existing garden of 1 Knocksharry Cottages would be detrimental to the surrounding area and would not be in accordance with Environmental Polices 1 and 2 of the Isle of Man Strategic Plan 2007. The existing rear garden is not small in size and is considered to be sufficient to serve the property. ## Recommendation It is recommended that the application be refused. ### Party Status It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: German Parish Commissioners. The Department of Transport Highways Division. Accordingly the following parties are not granted Interested Party Status: The owner/occupier of Knocksharry House, Switchback Road, Knocksharry, German The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan The Manx Electricity Authority ### Recommendation Recommended Decision: Refused Date of Recommendation: 17.09.2008 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals R 1. The proposed change of use of the proposal site to become part of the existing garden would be detrimental to the character and appearance of this area of the Manx countryside which is recognised as being of High Landscape Value by the Strategic Plan. As such the proposal would fail to accord with Environmental Policies 1 and 2 of the Plan as the proposal would not protect the countryside nor does it represent essential development. I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control) Decision Made : Refused Date : Signed : M. I. McCauley Director of Planning and Building Control --- *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/86018-german-field-314194-change-of-use/documents/1236188*