**Document:** APL Decision Notice and Officer Report **Application:** 13/91224/B — Erection of two detached tourist units and alterations to vehicular access **Decision:** Permitted **Decision Date:** 2013-11-26 **Parish:** Patrick **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/4995-patrick-lilybank-kionslieu-hill-access-alteration/documents/912746 --- # APL Decision Notice and Officer Report ## Isle of Man Government Beitge Ellan Vanmin Cornerstone Architects 79 Parliament Street Ramsey Isle of Man IM8 1AQ ### Town and Country Planning Act 1999 ### The Town and Country Planning (Development Procedure) (No 2) Order 2013 In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mr Mike Priest, Ref 13/91224/B, for the erection of two detached tourist units and alterations to vehicular access at Lilybank Kionslieu Hill Foxdale Isle of Man IM4 3HB subject to compliance with the following condition(s): 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2. This approval relates to the erection of two detached tourist units and access alterations as shown in drawings 100 and 101 received 16th October 2013. 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. 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. 5. The tourist units shall be used only by tourists with no individual tenancy exceeding 4 weeks in duration between Easter and October 31st, outside of these months longer lets may be permitted. ## M. Kallyher Director of Planning and Building Control ### Guidance Note This decision was made by the Planning Committee in accordance with the authority delegated to it. This permission refers only to that required under the Town and Country Planning (Development Procedure) (No 2) Order 2013. In accordance with Article 8 of the same Order any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice. Should you wish to appeal against this decision your request must be in writing, signed by you as appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal your request must contain: - Payment of a planning appeal fee as prescribed in an order made by the Department under Section 1(1) of the Fees and Duties Act 1989 (currently £150); - The reasons for making the appeal; and - An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation. An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/ Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department. The proposed development must not be commenced until either; - The time for requesting an appeal has expired; or - Any appeal has been determined; Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice. Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SFTel (01624 685950) email; planning@gov.im ## Planning Officer Report And Recommendations [Table omitted in markdown export] Case Officer: Miss Laura Davy Photo Taken: Site Visit: Expected Decision Level: Planning Committee ## Officer's Report THE APPLICATION IS BEFORE THE PLANNING COMMITTEE FOR DETERMINATION BECAUSE THE APPLICATION SITE IS OWNED BY A RELATIVE OF AN EMPLOYEE OF THE PLANNING AND BUILDING CONTROL DIVISION. ### 1.0 The Site 1.1 The application site is the curtilage of Lilybank, 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. 1.2 The site includes a driveway and extensive tarmacadam parking areas, in addition to a garden area with lawns and trees. ### 2.0 The Proposal 2.1 The application seeks approval for the erection of two detached tourist units and alterations to the existing driveway. 2.2 The detached units would be finished with timber boards, doors and windows and would have an area of decking outside the units. The units would have a pitched roof which would be finished with Asphalt mineral roof. Beyond the decking there would be an outdoor patio/barbeque area which would be finished with pavinours. There would be a triple window and double doors in the gable end front elevation. There would be windows in both sides of the units and a window in the rear elevation of both of the units. There would be a single door in the side (north) elevation of both units. 2.3 Two trees would be removed as part of the application, a fence erected between the proposed lodges and the garden of Lilybank and a fence erected on the existing Manx stone bank. ### 3.0 Planning History 3.1 The following previous planning applications are considered to be 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 units – approved PA 12/01058/B Erection of a detached building to create two semi detached tourist units and access alterations - approved ## 4.0 Development Plan Policies 4.1 The application site is within an area zoned 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 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. #### 4.2 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. #### 4.3 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. #### 4.4 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. ### $4.5 \mathrm{~F} / \mathrm{P} / \mathrm{T} / 1$ - 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. ## 5.0 Consultations 5.1 Manx Electricity Authority has expressed an interest in the application 5.2 Highways Division do not oppose the development 5.3 Patrick Commissioners support the application. #### 6.0 Assessment 6.1 The application site is within 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. 6.2 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. The purpose of this policy is to assess the impacts upon the amenities of local residents, impact upon the surrounding area and impact upon highways. 6.3 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 4.1 m 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 situated just beyond the entrance, the parking area would be created by repositioning a low level stone wall and a tarmacadam surface would be laid. The Highways Division are satisfied with the proposals. 6.4 The buildings would be set back from the highway and would be located on the furthest part of the site beyond the far side elevation of the main dwelling. One of the units would be screened by the existing outbuilding, the other would be partially screened by the main dwelling. The rear of the buildings would be screened by the existing bank and trees on the eastern boundary, a fence would also be erected on top of the Manx stone bank. 6.5 The land to the east and south of the site has planning approval for a housing development PA 10/01558/B which is currently under construction and is nearing completion. The land to the rear of the proposed buildings would form part of the open space for the housing estate. Given that the proposed buildings would be single storey and would be screened by the existing Manx bank and fence it is considered that the proposed buildings would not adversely affect those using the area of open space. 6.6 The existing neighbouring properties 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. 6.7 The proposed buildings are single storey and are low profile and has a similar appearance to a large garden shed. Whilst they are not of an overly attractive design, given the modest size of the structures they would have a domestic appearance similar to a summerhouse. It is considered that the proposed units would be an acceptable addition within the application site. 6.8 Also proposed is an area of hardstanding to provide an outdoor amenity space and bin store. It is considered that there would be a sufficient area of outdoor amenity space provided with each unit. 6.9 Part of the site is within an Area of Private Woodland identified on the 1982 Development Plan. The 1982 Development Plan makes provision for the deemed Registration of any tree with areas of LDHP, Private Woodland or Public Open Space, therefore the trees on this site fall in to this category. 6.10 The proposal would result in the loss of two trees however there are a number of trees on site and the ones to be removed do not significantly contribute to the amenity of the area. It is considered that the removal of the trees would not have an adverse impact upon the character and appearance of the site. It is however necessary to condition that the remaining trees are protected during construction. 6.11 For the above reasons the application is considered to be acceptable and is recommended for approval. ## 7.0 Party Status 7.1 The local authority, Patrick Commissioners is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered an "interested person" and as such should be afforded party status. 7.2 The Highways Division of the Department of Infrastructure is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (d), considered an "interested person" and as such should be afforded party status. 7.3 The Manx Electricity Authority is not considered to have sufficient interest and therefore should not be afforded party status. ### Supplementary Report The Planning Committee approved the application subject to a condition being added regarding the tourist use of the units. "The tourist units shall be used only by tourists with no individual tenancy exceeding 4 weeks in duration between Easter and October 31st, outside of these months longer lets may be permitted." ### Recommendation Recommended Decision: Permitted Date of 18.11.2013 Recommendation: ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 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 approval relates to the erection of two detached tourist units and access alterations as shown in drawings 100 and 101 received 16th October 2013. ### 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. ### C 5. The tourist units shall be used only by tourists with no individual tenancy exceeding 4 weeks in duration between Easter and October 31st, outside of these months longer lets may be permitted. 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 :
Committee Meeting Date : Signed : Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO ## Planning Officer Report And Recommendations [Table omitted in markdown export] ### Officer's Report THE APPLICATION IS BEFORE THE PLANNING COMMITTEE FOR DETERMINATION BECAUSE THE APPLICATION SITE IS OWNED BY A RELATIVE OF AN EMPLOYEE OF THE PLANNING AND BUILDING CONTROL DIVISION. ### 1.0 The Site 1.1 The application site is the curtilage of Lilybank, 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. 1.2 The site includes a driveway and extensive tarmacadam parking areas, in addition to a garden area with lawns and trees. ### 2.0 The Proposal 2.1 The application seeks approval for the erection of two detached tourist units and alterations to the existing driveway. 2.2 The detached units would be finished with timber boards, doors and windows and would have an area of decking outside the units. The units would have a pitched roof which would be finished with Asphalt mineral roof. Beyond the decking there would be an outdoor patio/barbeque area which would be finished with pavinurs. There would be a triple window and double doors in the gable end front elevation. There would be windows in both sides of the units and a window in the rear elevation of both of the units. There would be a single door in the side (north) elevation of both units. 2.3 Two trees would be removed as part of the application, a fence erected between the proposed lodges and the garden of Lilybank and a fence erected on the existing Manx stone bank. ### 3.0 Planning History 3.1 The following previous planning applications are considered to be 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 units – approved PA 12/01058/B Erection of a detached building to create two semi detached tourist units and access alterations - approved ## 4.0 Development Plan Policies 4.1 The application site is within an area zoned 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 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. #### 4.2 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. #### 4.3 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. #### 4.4 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. #### 4.5 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. ## 5.0 Consultations 5.1 Manx Electricity Authority has expressed an interest in the application 5.2 Highways Division do not oppose the development 5.3 Patrick Commissioners support the application. #### 6.0 Assessment 6.1 The application site is within 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. 6.2 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. The purpose of this policy is to assess the impacts upon the amenities of local residents, impact upon the surrounding area and impact upon highways. 6.3 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 4.1 m 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 situated just beyond the entrance, the parking area would be created by repositioning a low level stone wall and a tarmacadam surface would be laid. The Highways Division are satisfied with the proposals. 6.4 The buildings would be set back from the highway and would be located on the furthest part of the site beyond the far side elevation of the main dwelling. One of the units would be screened by the existing outbuilding, the other would be partially screened by the main dwelling. The rear of the buildings would be screened by the existing bank and trees on the eastern boundary, a fence would also be erected on top of the Manx stone bank. 6.5 The land to the east and south of the site has planning approval for a housing development PA 10/01558/B which is currently under construction and is nearing completion. The land to the rear of the proposed buildings would form part of the open space for the housing estate. Given that the proposed buildings would be single storey and would be screened by the existing Manx bank and fence it is considered that the proposed buildings would not adversely affect those using the area of open space. 6.6 The existing neighbouring properties 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. 6.7 The proposed buildings are single storey and are low profile and has a similar appearance to a large garden shed. Whilst they are not of an overly attractive design, given the modest size of the structures they would have a domestic appearance similar to a summerhouse. It is considered that the proposed units would be an acceptable addition within the application site. 6.8 Also proposed is an area of hardstanding to provide an outdoor amenity space and bin store. It is considered that there would be a sufficient area of outdoor amenity space provided with each unit. 6.9 Part of the site is within an Area of Private Woodland identified on the 1982 Development Plan. The 1982 Development Plan makes provision for the deemed Registration of any tree with areas of LDHP, Private Woodland or Public Open Space, therefore the trees on this site fall in to this category. 6.10 The proposal would result in the loss of two trees however there are a number of trees on site and the ones to be removed do not significantly contribute to the amenity of the area. It is considered that the removal of the trees would not have an adverse impact upon the character and appearance of the site. It is however necessary to condition that the remaining trees are protected during construction. 6.11 For the above reasons the application is considered to be acceptable and is recommended for approval. ## 7.0 Party Status 7.1 The local authority, Patrick Commissioners is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered an "interested person" and as such should be afforded party status. 7.2 The Highways Division of the Department of Infrastructure is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (d), considered an "interested person" and as such should be afforded party status. 7.3 The Manx Electricity Authority is not considered to have sufficient interest and therefore should not be afforded party status. ### Recommendation Recommended Decision: Permitted Date of 18.11.2013 Recommendation: ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
0 : 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 two detached tourist units and access alterations as shown in drawings 100 and 101 received 16th October 2013. 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 : $\qquad$ Committee Meeting Date : $25 / 11 / 13$ Signed : $\qquad$ Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate --- *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/4995-patrick-lilybank-kionslieu-hill-access-alteration/documents/912746*