**Document:** Planning Officer Report **Application:** 12/01058/B — Erection of a detached building to create two semi detached tourist units and access alterations **Decision:** Permitted **Decision Date:** 2012-09-18 **Parish:** Patrick **Document Type:** report / officer_report **Source:** https://planningportal.im/a/3177-patrick-lilybank-kionslieu-hill-alteration/documents/1277843 --- # Planning Officer Report ## Planning Officer Report And Recommendations [Table omitted in markdown export] ## Officer's Report THE APPLICATION IS RECOMMENDED FOR CONSIDERATION BY THE PLANNING COMMITTEE BECAUSE THE APPLICATION SITE IS OWNED BY A RELATIVE OF AN EMPLOYEE OF THE PLANNING AND BUILDING CONTROL DIVISION. ## Introduction 1. This application seeks approval for the erection of a detached building to create two semi detached properties in a residential area. The application is considered to be acceptable and is in accordance with the relevant policies of the Isle of Man Strategic Plan. ## The Site 2. The application site is the curtilage of Lillybank, Kionslieu Hill, Foxdale which is a two storey detached dwelling. There are also some stone outbuildings which are to the north of the dwelling and a shed to the east. 3. The site includes a driveway and extensive tarmacadam parking areas, in addition to a garden area with lawns and trees. ## The Proposal 4. The application seeks approval for the erection of a building to create two semi detached tourist units and access alterations. 5. The detached building providing the two tourist accommodation units would be located to the north east of the main dwelling. The building would have a rectangular footprint and would be finished with a hipped roof. The building would be single storey. The building would be of cavity wall construction and would be finished with smooth painted render which would match the existing dwelling. The roof would be finished in tiles to match the existing dwelling. 6. The doors and windows would be finished in white uPVC, the doors would be four panelled, there would be a canopy above the front doors. 7. The access is being altered to provide an entrance of 4.1m wide. This would be achieved by carrying out alterations to the existing stone wall and piers. Also proposed is the erection of a 400mm high stone wall to create a stone wall planter. 8. Also included in the proposal is a Block Pavier finish from the front of the existing outbuilding to the new tourist accommodation. ### Planning History 9. The following previous planning application is considered specifically material in the assessment of the current application: PA 11/00893/B Erection of a replacement building to create garage and store and erection of detached building to provide two tourist accommodation units – approved. ### Development Plan Policies 10. The application site is in an area zoned partly as "Predominantly Residential" and partly "Private Woodland or Parkland" identified on the Foxdale Local Plan 1999. Given the nature of the application it is appropriate to consider Strategic Policy 8, General Policy 2, Environment Policy 3 and Business Policy 11 of the Isle of Man Strategic Plan (20th June 2007). F/P/T/1 – Policy of the Foxdale Local Plan is also considered specifically material in the assessment of the application. 11. Strategic Policy 8 Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man-made attractions. 12. General Policy 2 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; n) Is designed having due regard to best practice in reducing energy consumption. 13. Environment Policy 3 Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value. 14. Business Policy 11 Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted. 15. F/P/T/1 – Policy The Department will continue to encourage the promotion and development of tourism within Foxdale. This may take the form of the conversion of existing redundant buildings where such conversion complies with planning circular 3/89 – Renovation of Buildings in the Countryside. Alternatively the Department may accept the expansion of existing facilities which have shown a positive previous contribution to tourism in the area. However, no approval will be granted to any development which would result in an adverse impact on the countryside whether this be from visual intrusion, the impact of traffic or car parking or inadequate arrangements for the servicing of the development. CONSULTATIONS 16. Highways Division do not oppose as it has no traffic management, parking or road safety implications. 17. Patrick Commissioners have no comments to make 18. Manx Electricity Authority advises that the applicant contact the Authority before commencing works. ## ASSESSMENT 19. The application site is in an area zoned as predominantly residential therefore the principle of development is acceptable. Part of the site is within an area zoned as Private Woodland or Parkland so in the assessment of the application it is appropriate to consider the impact on the area classed as woodland. 20. Given that the application site is within a predominantly residential area the suitability of the proposed development can be assessed against the provisions of General Policy 2. 21. The purpose of this policy is to assess the impacts on the amenities of local residents, impact on the surrounding area and impact on highways. 22. The proposed tourist accommodation would result in an increase in traffic to and from the site. In the previous application the Highways Division advised that the entrance should be widened to accommodate extra vehicular movements, they advised that the entrance should be a minimum of 4.1m in width. The main dwelling has its own garaging and driveway which would be separate from the proposed tourist accommodation. The parking for the tourist units would be between the proposed building and the existing outbuilding. 23. The building would be set back from the highway and would be located at the furthest part of the site beyond the far side elevation of the main dwelling. The proposed building would be partially screened by the existing outbuildings. The rear of the proposed building would be screened by the existing trees on the eastern boundary. 24. The land to the east and south of the site has planning permission for a housing development (PA 10/01558/B). The land to the rear of the proposed building would form part of the open space for this housing estate. Given that the proposed building would be single storey and would be screened by the existing trees it is considered that the proposed building would not adversely affect those using the area of open space. The existing properties in the surrounding area are judged to be of a sufficient distance from the proposed building so as not to be adversely affected in terms of loss of light, loss of privacy or appear unduly overbearing. 25. The proposed development would not result in the loss or damage to any of the Registered Trees within the area of woodland and therefore complies with Environment Policy 3. 26. Given that the application site is in an area zoned as predominantly residential it is considered that the proposed development would be in keeping with the surrounding area in general. 27. The Highways Division are satisfied that the access does not cause a highways safety hazard or have an impact on traffic management. 28. For the above reasons the application is considered to be acceptable and is recommended for approval. ### Party Status 29. 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. 30. 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. 31. The Manx Electricity Authority is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) Order 2005, and as such is not afforded party status. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 10.09.2012 ### 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 approval relates to the erection of a detached building to create two semi-detached tourist units and access alterations as shown in drawings 50, 60 and 150 date stamped 26th July 2012. C 3. No development shall commence until a scheme has been submitted to and approved in writing by the Planning Authority to safeguard the existing trees within the site and those trees whose root structure may extend within the site, from damage or injury during construction works. In particular no excavations, site works, trenches or channels shall be cut or pipes or services laid or any other works carried out in such a way as to cause damage or injury to trees by interference with their root structure and no soil or waste shall be deposited on the land in such a position as to be likely to cause damage or injury to the trees. C 4. The existing trees shown on the drawing to be retained shall not be cut down, grubbed out, topped, lopped or uprooted without the written consent of the Planning Authority. In the event that any of the trees referred to should be removed without such consent or should die, become seriously damaged or diseased within a period of 5 years from the completion of the development, they shall be replaced in the next planting season with another of similar species in the same location, unless the Planning Authority has given written consent to any variation. 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: A 17/09/12 Committee Meeting Date: 17/09/12 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 ☐ 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/3177-patrick-lilybank-kionslieu-hill-alteration/documents/1277843*