**Document:** Officer Report
**Application:** 18/00908/B — Alterations, amendment to existing access and extension of residential curtilage
**Decision:** Permitted
**Decision Date:** 2018-11-05
**Parish:** Andreas
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/11996-andreas-lough-view-extension/documents/986532

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# Officer Report

**Application No.:** 18/00908/B
**Applicant:** Mr & Mrs Michael Price
**Proposal:** Alterations, amendment to existing access and extension of residential curtilage
**Site Address:** Lough View Andreas Road Andreas Isle of Man IM7 4EN Principal Planner: Mr Chris Balmer
**Expected Decision Level:** Planning Committee
**Recommended Decision:** Permitted
**Date of Recommendation:** 09.10.2018 _________________________________________________________________

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

- C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- C 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
- C 3. Within one month of the new access/driveway hereby approved being operational the existing access to the southern boundary of the site is required to be blocked up with a hedgerow as shown on drawing 05.

Reason: Exceptional permission has been granted on the basis of the significant highway safety benefits by the removal of the existing access and therefore the removal of the existing access is required.

- C 4. The finish of the driveway is required to be a dark colour. Reason: In the interest of visual amenities of the countryside

### Plans/Drawings/Information:

This approval relates to the submitted documents and drawings reference numbers 05, 06, 07, 08 and 1807f 02 all received on 20th September 2018.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

### Officer’s Report

THE APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN, BUT IS RECOMMENDED FOR APPROVAL.

1.0 THE APPLICATION SITE - 1.1 The application site is a piece of land incorporating a field as well as the residential curtilage of the detached dwelling known as Lough View Cottage, which is situated to the north of Andreas Road as it travels northwest from Ramsey, and roughly 1.2km southeast of Andreas village itself. Lough View is visible from the highway, and access is gained through a gated gap in an existing hedgerow that runs along the boundary between the site and the highway. The property is currently undergoing renovation/extensions. The land to the north beyond this appears to be a paddock of sorts.

2.0 PLANNING HISTORY - 2.1 There have been a number of planning applications associated with this property, although only the following are considered relevant: - 2.2 Alterations and erection of extensions to dwelling - 16/00534/B - APPROVED

3.0 THE PROPOSAL - 3.1 Full planning approval is now sought for the alterations, amendment to existing access and extension of residential curtilage. - 3.2 The main works involve the creation of a new driveway within an existing field. The driveway would run from the existing private lane to the northwest of the site and run approximately 100 metres to the rear boundary of the existing property. The driveway would run parallel and adjacent to the existing driveway of the neighbouring property Ballaseyre Beg and Ballaseyre, separated by a Manx sod bank.

4.0 THE DEVELOPMENT PLAN - 4.1 The site sits within an area of 'white land' as zoned on the 1982 Development Plan: although it is not always easy to determine the exact position of rural sites on this Plan, Lough View is readily apparent on the map, and it is also clear that it lies near to rather than within an area of Private Woodland. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policy that is considered specifically material to the assessment of this current planning application: - 4.3 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future

development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

## - 5.0 REPRESENTATIONS

5.1 Andreas Parish Commissioners offered no objection on 13.09.2018. - 6.0 ASSESSMENT

6.1 Initially when considering the application there was concern that the installation of a driveway of this length would be an instruction into the countryside contrary to EP1. However, visiting the site it clearly became extremely apparent for the need of the driveway.

6.2 The existing access to the site has little to no viability (less than 3.6m looking NW and

2.3m looking SE), not only due to the roadside landscaping (which could be reduced but would result in the dwelling having not roadside frontage), but mainly given as the access (entirely of frontage of property) is on a bend in the road and this cannot be altered. Accordingly, the principle of the proposal is considered acceptable and would vastly improve highway safety for all users of this section of the highway.

6.3 From a visual point of view, the works would be large unnoticeable from public views, given the driveway is a low level form of development and as it would be sited behind existing sod banks, landscaping and existing built development (neighbouring properties). - 6.4 Accordingly, while such works would normally be resisted, it is considered the benefits of the proposal and the limited visual impact it would have, the proposal would be acceptable and comply with EP1.

## - 7.0 CONCLUSION

7.1 In view of the above, it is concluded that the application is acceptable and is recommended for approval. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
- (d) Highway Services Division of Department of Infrastructure and
- (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine:

- o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

### Decision Made : Permitted Committee Meeting Date: 29.10.2018

Signed : C Balmer Presenting Officer Further to the decision of the Committee an additional report/condition reason was required. YES/NO See below PLANNING COMMITTEE DECISION 29.10.2018 Application No. : 18/00908/B Applicant : Mr & Mrs Michael Price Proposal : Alterations, amendment to existing access and extension of residential curtilage Site Address : Lough View Andreas Road Andreas Isle of Man IM7 4EN Principal Planner : Mr Chris Balmer Presenting Officer As above Addendum to the Officer’s Report

At the meeting held on the 29th October 2018 the Planning Committee requested that the wording of condition 4 be amended to clarify the colour of the finish and method of construction of the driveway for clarity, as shown on the submitted drawing

### Conditions of Approval

- C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- C 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.

- Reason: To control development in the interests of the amenities of the surrounding area.
- C 3. Within one month of the new access/driveway hereby approved being operational the existing access to the southern boundary of the site is required to be blocked up with a hedgerow as shown on drawing 05.

Reason: Exceptional permission has been granted on the basis of the significant highway safety benefits by the removal of the existing access and therefore the removal of the existing access is required.

- C 4. The finish of the driveway is required to be a dark colour and be constructed as stated within approved drawing 05. Reason: In the interest of visual amenities of the countryside. Plans/Drawings/Information:

This approval relates to the submitted documents and drawings reference numbers 05, 06, 07, 08 and 1807f 02 all received on 20th September 2018.

## Customer note

## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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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/11996-andreas-lough-view-extension/documents/986532*
