**Document:** Planning Officer Report **Application:** 12/00232/B — Widening of entrance, installation of gate and erection of stone wall **Decision:** Permitted **Decision Date:** 2012-04-04 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/2369-lezayre-tholt-y-will-house-entrance-widening-gate-wall/documents/1266460 --- # Planning Officer Report [Table omitted in markdown export] ### Officer's Report #### The Site 1. The site as defined in the block plan is a small piece of land at the entrance to a lane which leads from the A14 Tholt-y-Will and Sulby Glen roads to the side of Tholt-y-Will House which lies to the north east and which is also owned by the applicant. The larger site defined in red on the location plan includes land between the entrance and the house and land to the south west, all of which is owned by the applicants and also in their ownership. The applicant's agent has confirmed that not all of the land edged red is residential. 2. The entrance takes the form of two timber gate posts which are tied to the adjacent stone wall of the same height on the northern side and sits alongside a low grass bank with horizontal timber fencing to the south. A timber five bar gate closes the entrance. Beyond this was originally a grass lane: more recently this has been hardcored and altered: this will be the subject of a separate application for regularisation of what has occurred without planning permission. 3. The entrance is on the outside of a sharp bend on the descent between the public access to Sulby Reservoir and the Sulby River basin. Tholt-y-Will House was formerly a public house and restaurant and after that became tourist accommodation and most recently a dwelling. 4. There is a public car parking area across the river alongside Tholt-y-Will Cottage which serves the numerous public footpaths through Tholt-y-Will plantation. #### The Proposal 5. Proposed is the modification of the access: the existing timber fencing to the south of the entrance is to be replaced with stone walling and the entrance widened by around 1m with a new four bar gate with matching pedestrian gate alongside. No gate pillars are proposed, just timber posts similar to the existing, but new. The gateway leads to a lane which goes downhill and then turns left and heads down towards but not right up to the house. There is a water course between the end of the lane and the dwelling. #### Planning Status And Policy 6. The site lies within an area of Open Space and High Landscape Value and Scenic Significance on the Town and Country Planning (Development Plan) Order 1982. [Table omitted in markdown export] 7. As such, there is a presumption against new development other than that set out in General Policy 3. This is, however a modification to an existing feature and as such, if it can be demonstrated that there will be no adverse or significant impact from the works, then the principle should not be contrary to the general policy against development. ### Planning History 8. Most recently there was an application for alterations to the access and lane but this was withdrawn before a decision was taken (PA 11/1157). Prior to this there has been a number of applications for the change of use of the main dwelling from the public house into living accommodation with additional tourist accommodation and alterations of the buildings, none of which is relevant in the consideration of this latest application. ### Representations 9. Lezayre Parish Commissioners and the Highways Division indicate that they do not oppose the application. Highways Division advise that the applicant should consult them in respect of any works undertaken within the highway. ### Assessment 10. The proposed changes alter only slightly the access and arguably improve the appearance of what presently exists - particularly the replacement of the timber fencing with stone walling. It is considered that the additional width of gate does not have a significant impact. There will be visual and highway benefits from the proposal and as such it is recommended for approval. ### Party Status 11. The local authority, Lezayre Parish Commissioners are, 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. 12. 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: 23.03.2012 ### 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 to the existing access as shown in the information received on 16th February, 2012. N 1. For clarification, no approval is hereby granted or implied to the change use of any of the land included within the red line to residential use where this is not already authorised as such. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. Decision Made : Permitted Date : 1/4/12 ### Determining officer (delete as appropriate) Signed : Anthony Holmes Senior Planning Officer Signed : Michael Gallagher Director of Planning and Building Control Signed : Jennifer Chance Development Control Manager --- *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/2369-lezayre-tholt-y-will-house-entrance-widening-gate-wall/documents/1266460*