**Document:** Officer Planning Report
**Application:** 10/01275/B — Erection of a hut
**Decision:** Permitted
**Decision Date:** 2010-10-20
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/36811-rushen-seahorse-perwick-road-hut/documents/1358103

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# Officer Planning Report

**Application No.:** 10/01275/B
**Applicant:** Mr Manoj \& Mrs Daxa Patel
**Proposal:** Erection of a hut
**Site Address:** Seahorse Perwick Road Port St. Mary Isle Of Man IM9 5PA ### Considerations Case Officer : Miss S E Corlett
**Expected Decision Level:** Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose has no traffic management, parking or road safety. Consultee : Port St Mary Commissioners Notes: no objection.

### Officer's Report

### The Site

The site represents the curtilage of an existing dwelling situated on the lower, south eastern side of Perwick Road. The existing dwelling is a bungalow which has a vacant plot alongside (number 9) and a public footpath to the south west which leads from Perwick Road to the south and to Clifton Park Road. The dwelling has a garden which stretches some 22 m from the house and on part of which there is decking. The footpath is very much dominated by the side of the existing dwelling at the Perwick Road end, with a wall on the side of the dwelling bounding the footpath until it reaches the golf course.

### Planning Status

The site lies within an area of Residential use on both the Town and Country Planning (Development Plan) Order 1982 and the draft Southern Area Plan which was published on 23rd October, 2009.

### Planning History

Planning permission was granted for alterations to enclose existing rear open space to form a garden store under PA 85/1196. Permission was then granted for the erection of a generator house under PA 86/0626 and for alterations and extension to the dwelling under PA 04/1968. PA 05/0889 proposed alterations and was permitted and PA 06/1259 proposed further amendments and was also permitted.

Planning permission was sought and granted for the erection of a garden shed under PA 10/0863 on the southern side of the rear garden.

## The Proposal

Now proposed is the erection of the same shed as was approved under PA 10/0863 but on the other side of the garden, alongside the boundary with the vacant plot which is also owned by the applicant. The shed is to be 3.76 m in diameter and 3.35 m in height to the top, 1.33 m to the eaves and finished in timber. The shed is to be positioned 0.5 m from the boundary with the adjacent plot.

### Representations

Port St. Mary Commissioners and Highways and Traffic Division indicate that they have no objection to the application

### Assessment

The proposal should be considered in respect of General Policy 2 which states:
"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 space 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 adverse 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;
I) 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; and
n) is designed having due regard to best practice in reducing energy consumption."

In this case the hut is well designed and will not appear out of keeping in the garden. The footpath is already dominated by the side of the dwelling and the proposed hut will not adversely affect the amenities of the footpath as it is considerably further from the footpath than was the originally approved shed. The original approval is still extant and can be implemented. The only way to substitute the siting now proposed for that previously approved would be for a legal agreement to be put into place. However, there would be no detriment from the construction of both sheds and as such it is not considered necessary to require a legal agreement to suspend the original approval.

### Party Status

The local authority 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.

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: 01.10.2010

### 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. 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 construction of a shed as shown and described in the information and drawing dated 24th August, 2010 and received on 26th August, 2010 and the development must be undertaken in accordance with these plans.

I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.

Decision Made : Permitted
Date :
Signed :
Senior Planning Officer

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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/36811-rushen-seahorse-perwick-road-hut/documents/1358103*