**Document:** Officer Planning Report Recommendation
**Application:** 08/02350/C — Change of use of adjacent agricultural land to provide a garden
**Decision:** Permitted
**Decision Date:** 2009-02-18
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/86702-rushen-rose-bank-agricultural-land-to-garden/documents/1536560

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# Officer Planning Report Recommendation

## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations ### Written Representations ### Consultations

### Officer's Report

#### The Site

The site represents a parcel of land to the north and north west of an existing dwelling, Rose Bank, which lies on the northern side of the Rocky Road which leads from Honna Road/Bradda East to Surby.

The curtilage of the dwelling is presently tightly confined to the land immediately behind the cottage - 1.5m and the north eastern side of the cottage forms the side boundary. The area edged red represents a piece of land 3m further to the north and extending to the side of an annex to the south west of Well Cottage - some 12m to the north east of Rose Bank. The land is presently part of an agricultural field to the north and north east of the property.

#### Planning Status

The site lies within an area designated as Predominantly Residential on the Port Erin Local Plan of 1990.

#### Planning History

Planning permission has been sought and granted for the following developments at this site:

PA 97/1439 - erection of front porch PA 02/2517 - erection of replacement dwelling and PA 04/1109 - construction of a boiler shed and replacement retaining wall

### The Proposal

Proposed is the extension of the garden to fill the area edged red which lies entirely within the area designated as Residential on the local plan. The area is fenced off from the remainder of the field.

### Representations

The occupant of Rocklands objects to the application on the basis that Rocklands is already overlooked from the recently constructed house at Rose Bank and the increase of the boundaries will further affect this.

Port Erin Commissioners indicate that they have no objection to the application.

### Assessment

As the site lies within the area designated for residential use on the local plan, there should not be an objection to the use of the land for residential purposes. Such a change of use would confer rights of permitted development on the additional land but this is not objectionable either as the site has no residential property immediately alongside which would be adversely affected by such development were it to be undertaken.

Whilst the occupant of Rocklands suggest there may be overlooking of their property, the application property is separated from this property by Glonney Cottage with only a very small amount of overlap between Rose Bank and Rocklands. As such, it is not accepted that there will be any increased overlooking of Rocklands or any other property from the proposed extension of the residential curtilage.

### Party Status

The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.

Rocklands abuts a very small part of the proposed site and as such the owner/occupant of this property should be afforded party status in this instance.

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 30.01.2009

### 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 use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.

### C 2.

This permission relates to the change of use of agricultural land to residential curtilage as shown in drawings 4249-LP and -SP both received on 30th December, 2008.

I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)

Decision Made : Permitted Date : 16.2.09

Signed : _________________
Senior Planning Officer
Planning Committee

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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/86702-rushen-rose-bank-agricultural-land-to-garden/documents/1536560*