**Document:** Officer Planning Report Recommendation **Application:** 09/00227/B — Levelling and restoration of land **Decision:** Permitted **Decision Date:** 2009-04-15 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/62404-sulby-site-adjacent/documents/1370685 --- # Officer Planning Report Recommendation **Application No.:** 09/00227/B **Applicant:** Lezayre Parish Commissioners **Proposal:** Levelling and restoration of land **Site Address:** Site Adjacent To Lezayre Community Hall Clenagh Road Sulby Isle Of Man IM7 3AB ### Considerations Case Officer : Mr Chris Balmer **Photo Taken:** 23/03/09 **Site Visit:** 23/03/09 **Expected Decision Level:** Senior Planning Officer ### Written Representations 14 St Stephens Meadow Sulby Lezayre Isle Of Man ### Consultations Consultee : Highways Division Notes: Do not oppose. Consultee : Lezayre Parish Commissioners Notes : Consultee : Waste Operations Manager Notes: Waste matters memo sent 24.02.09 PT ### Officer's Report SITE The application site forms the curtilage of the site adjacent to Lezayre Community Hall, Clenagh Road, Sulby, located on the eastern side of the Clenagh Road and north-east of the Sulby Crossroads. ### Land Use Zoing / Planning Policy The application site is within an area recognised as being an area of 'Community Use', under the Sulby Local Plan. The site is not within a Conservation Area; nor is it within an area zoned as High Landscape or Coastal Value and Scenic Significance. - Isle of Man Planning Scheme (Development Plan) Order 1982 - Sulby Local Plan Planning Circular 1/99 ## Planning History The previous planning application is considered relevant in the assessment and determination of this application:- Change of use of land to create children's play area - 00/01578/C - APPROVED Clearance of old nursery site to form car park with boundary wall, rear of Community Hall 94/00806/B - APPROVED ### Proposal The application seeks approval for the levelling and restoration of land. Commencement of these works has already in part begun, however has not been completed. The majority of the landfill which has been undertaken, and has gradually raised the level of the land to around 100.100, which is approximately the ground level of the car park, which remains unchanged. The area which to date has not been altered but is proposed to be raised is the hatched section as indicated on drawing 09 0497/3. This section runs to the northern boundary of the site from the existing filled area. ### Representations The Highways Division:- "Do not oppose." The owners/occupiers of 14 St Stephens Meadow, Sulby have objected to the application which can be summarised as; work has already commenced; overlooking resulting in a loss of privacy due to works; safety of children; and would withdraw our objections if a suitable fence be erected on the parish land. ### Assessment / Recommendation ### 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; - (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. Dealing with the principle of the development, the proposal would level the site, landscaped with grass and planting small shrubs for use by member of the public. The existing site does not add little to the visual appearance of the area nor does it have any real use. The scheme would bring the site back into use, whilst improve the appearance of the site. The main issue with this application relates to the potential of overlooking, resulting in a loss of privacy over Nr 14 St Stephens Meadow which is approximately 16 metres from the eastern boundary of the application site. The proposal has resulted in the ground level being increased by 0.4 / 0.5 metres, which does give the potential of more overlooking. The boundary treatment shared with the site and Nr 14 St Stephens Meadow consists of a mature hedgerow which varies in height which runs along the entire boundary. From visiting the site it is apparent that the hedgerow screens the majority of the ground floor of the dwellings windows/conservatory and the rear garden, even when stood on the raised section. A condition could be attached for additional landscaping/planting, however, it is considered the hedgerow which exists provides sufficient natural screening and adding such a condition would therefore be inappropriate. Additionally, it is consider the existing hedgerow will continue to grow and provide further screening. The property most likely to be overlooked from the application site would be Nr 13 St Stephens Meadow, however, the ground level alterations that have been made to the land adjacent to Nr 13 are very minor, and consequently are virtually the same as they levels were before the works. It is therefore considered the level of overlooking to be the same and the works undertaken make no significant difference to the residential amenities of the occupiers of Nr 13 St Stephens Meadow. ## Recommendation It is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007), and for the reasons set out in this report, 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 Department of Transport Highways Division The owners/occupiers of 14 St Stephens Meadow, Sulby ### Recommendation Recommended Decision: Permitted Date of Recommendation: 03.04.2009 --- *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/62404-sulby-site-adjacent/documents/1370685*