**Document:** Officer Planning Report
**Application:** 10/00815/B — Creation of track with timber walkway (Retrospective)
**Decision:** Refused
**Decision Date:** 2010-07-30
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/36623-lezayre-fields-134742/documents/1356105

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# 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]

### Officer's Report

The application is before the Planning Committee as the development is contrary to the provisions of the development plan.

### The Site

The application site represents the curtilage of Fields 134742 & 133470, Tholt Y Will Road, Tholt Y Will, Sulby which is a parcel of land located to the north of the Tholt Y Will Road and west of the Tholt Y Will Cottage, House and the Tholt Y Will Tea Rooms.

### Planning Status

The application site is within an area recognised as being an area of 'woodland and white land' under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; but is within an area zoned as High Landscape or Coastal Value and Scenic Significance.

- Isle of Man Strategic Plan 20th June 2007
- Isle of Man Development Plan Order 1982

Due to the zoning of the site and the type of development the following policy is relevant to consider:-

"General
Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
- (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
- (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
- (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
- (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
- (e) location-dependent development in connection with the working of minerals or the provision of necessary services;
- (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
- (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
- (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

"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."

## Planning History

There are no previous planning applications, which are considered relevant in the assessment and determination of this application.

PROPOSAL The application seeks the retrospective approval for the creation of track with timber walkway. The site is currently accessed via an existing opening, located to the eastern boundary of the site, which directly adjoins the Tholt Y Will Road. The footpath does not begin from this entrance, but further within the site.

The footpath has been created for wheel chair access and has result in engineering works being undertaken to create the footpath (approx 370 metres in length) and a low level wooden bridge.

### Representations

Lezayre Parish Commissioners:-
"Approve."
Highways Division:-
"Do not oppose."
The owners/occupiers of Glebe Cottage, Kirk Maughold make the following comments:

1. "lifestyle land" is not a term recognized in planning law, presumably the applicants mean "leisure or recreation" which is somewhat worrying as the applicant lives in Onchan.
2. Photographs show the footpath to be rather harmless, which if for use by the public, would be welcomed.
3. Should be considered alongside and in comparison to the larger-scale recreation (shooting) trackways in Glen Auldyn. Are they unacceptable intrusions or the shape of things to come and country land use

The Planning Authority has received no other privately written representations objecting to the proposal.

## Assessment

The main issue to consider with this application is the visual impact the footpath has upon this area of High Landscape or Coastal Value and Scenic Significance.

Due to the site being within this area, Environmental Policy 2 is required to be considered. This policy indicated that 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.

Visiting the site and studying the application, the track which has been undertaken is very well screened from the Tholt Y Will Road and the majority if not all is hidden from view. The public view which overlooks the track and the site the most would be the public road/footpath (single track) which runs directly to the north of the application site, on the opposite side of the Sulby River.

Travelling along the majority of this track, it became clear that the footpath is not overly apparent from this public view, given the substantial landscaping between the public road/footpath and the application track and given the closest aspect would be approximately 40 metres away.

The views where the track was apparent, is not considered to have a significant impact upon the landscape, but in turn appears rather in keeping and similar to many footpaths found within the countryside.

The woodchip finish of the track certainly helps to keep the track in keeping with the countryside and landscape, compared to more stark and hard finishes (concrete, stone chippings etc).

It is acceptable that the current brightness of the chipping of the footpath, are at their brightest, but it is considered in the following years the wood chippings will darken and blend in more with the landscape, consequently having even less of an impact.

Furthermore where grounds works have been undertaken, there is currently exposed soil, which increases the appearance of the development at this time. However, it is highly likely grass/vegetation will re-grow in these areas, which will help further reduce the appearance of the track.

Consideration has been taken that when visiting the site during the summer periods, the vegetation is at its fullest. This is compared to the winter months when the path will be more apparent. However, during the winter months it is likely the track will darken in time and with the falling leaves and dying vegetation the track might actually blend in more with the landscape than during summer periods of greenness.

For these reasons it is considered the development would not harm the character and quality of the landscape and be appropriate for this site.

## Recommendation

It is considered for the reasons indicated that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007), accordingly, it is recommended that the application be approved.

### Party Status

It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:

Lezayre Parish Commissioners It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

The owners/occupiers of Glebe Cottage, Kirk Maughold The Owners/occupiers of Corrody Cottage and the Old School House, Tholt-y-Will, Sulby 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.

### Supplementary Report

The Committee disagreed with the officer recommendation concluding that there were no overriding reasons to outweigh the general policy which restricts development in the countryside.

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 08.07.2010

### Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> O : Notes attached to refusals

C 1. This approval relates to the Creation of track with timber walkway (Retrospective) as proposed in the submitted documents which are date-stamped 15th June 2010.

I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made :  Authority Meeting Date :

Signed :
Presenting Officer
Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO

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*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/36623-lezayre-fields-134742/documents/1356105*