**Document:** Planning Officer Report **Application:** 12/00020/B — Retention of construction access for permanent use for access to dwellng and agricultural land **Decision:** Permitted **Decision Date:** 2012-03-06 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/2158-st-johns-close-leece-farm/documents/1263779 --- # Planning Officer Report ## Planning Officer Report And Recommendations [Table omitted in markdown export] ## Officer's Report THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PREVIOUS APPLICATIONS HAVE BEEN DETERMINED BY THE COMMITTEE. ### Introduction 1. This application seeks permission for the retention of the recently formed construction access as the access to the new dwelling and also serving adjacent agricultural land in the ownership of the applicant. The works result in a change to the residential curtilage of the new dwelling compared with what was previously approved - effectively a smaller curtilage but spread over a slightly larger area with an area of paddock in between the access and the main curtilage. The application is considered to be acceptable and in accordance with the relevant policies of the Isle of Man Strategic Plan. ### The Site 2. The application site is the curtilage of Close Leece Farm, Patrick Road, St Johns. The site has an extant planning approval for the erection of a replacement dwelling. The approval was granted in 2010 and was subsequently amended in 2011. 3. The application site is to the northern side of the Patrick Road, the access to the site currently passes the existing dwelling and barn and sweeps upwards away from the highway in a north easterly direction, once reaching the north east of the site, the access curves around to the west and then to the south west. This access is for construction traffic. ### The Proposal 4. The application seeks approval for an amendment to the access to the dwelling, effectively retaining the construction access and which will also provide access to adjacent agricultural land surrounding the new dwelling. This involves the change of use of the land associated with the access from agricultural to shared agricultural and residential use. The extent of land to be used is spread over a wider area but the actual residential curtilage is smaller in area than was previously approved. 5. The site access follows the slope of the site and uses the existing historical agricultural access. By using this access it would retain the existing trees. The existing site access is much wider than the eventual access. A small bank of approximately 1m high would be created along the side of the driveway; this is then edged with trees and stock fencing. 6. There are agricultural field accesses off the proposed driveway, one to the north of the driveway and one to the south. 7. The driveway would be approximately 2.8m wide up to the new dwelling but would be slightly wider at the entrance. 8. The residential curtilage would be extended to the east to include the construction access as a permanent residential access, but in doing this the residential curtilage does not extend as far to the west as what was previously approved. ### Planning History 9. There have been a number of previous applications for the erection of a replacement dwelling. PAs 10/00208, 10/01329 and 11/01033 proposed a replacement dwelling and were all permitted. ### Development Plan Policies 10. The application site is in an area zoned as "Area of High Landscape or Coastal Value and Scenic Significance" identified on the 1982 Development Plan. It is appropriate to consider Environment Policy 1 and Environment Policy 2 of the Isle of Man Strategic Plan (20th June 2007). ### 11. Environment Policy 1 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. ### 12. Environment Policy 2 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. ### Consultations 13. Highways Division recommend approval and would appreciate the applicant contacting them regarding working within the highway. This is not a material planning consideration. 14. Patrick Commissioners resolved that no comment would be made on the current application. ### Assessment 15. There are two parts to this application which need to be assessed, the first is alterations to and conversion of existing site access to permanent access for residential dwelling. The second part is for the change of use of the land associated with the access from agricultural to joint agricultural and residential. 16. The access and driveway which was approved under PA 10/00208/B would be steep and would require extensive cut and fill. The applicant has submitted as part of their Planning Statement that the proposed scheme, which would use the existing site construction access, would follow the existing historic agricultural access. The proposed scheme would provide agricultural access to a number of fields and paddocks surrounding the application site. 17. The proposed scheme would retain the existing trees which were proposed to be removed as part of the previously approved scheme. This would also limit any potential tree root damage by eliminating cut and fill near the existing trees. 18. The existing site/construction access does run through existing agricultural land, and whilst the residential curtilage would be extended to the east to include the proposed access, the curtilage would be reduced from the west to take account of the inclusion of the access. 19. The proposed banking and trees which would run along the side of the driveway would provide substantial screening of the driveway when viewed from the highway. 20. Whilst the driveway and access would encroach into agricultural land, the proposed scheme would improve access for agricultural machinery and would retain a number of existing trees. 21. It is considered that the reduction in residential curtilage from the west would compensate the extension of the residential curtilage to the east. It is considered that the proposed scheme would not have an adverse impact on the countryside and would have some benefits, such as retaining the existing trees and providing an improved access for agricultural machinery. 22. It is considered that the change in use of the land to agricultural and residential would not unduly harm the character and quality of the landscape. 23. For the above reasons the application is considered to be acceptable and is recommended for approval. ### Party Status 24. The local authority, Patrick Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. 25. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 21.02.2012 ### 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 C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This permission relates to the alterations and conversion of existing site access to permanent access for residential dwelling and change of use of land associated with the access from agricultural to joint agricultural and residential as shown in drawings PA 100A, PA 101, PA 102A, PA 103, PA 104 and Planning Statement received 9th January 2012. C 3. For the avoidance of doubt the previously approved access shown on drawing PA 102A indicated with red hatching is not granted any planning approval under this application. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made: **Approved** Committee Meeting Date: **05/08/12** Signed: **[Signature]** Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO --- *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/2158-st-johns-close-leece-farm/documents/1263779*