APL Planning Statement 2013

Mr A Johnstone Planning Appeals Administrator Planning Appeals Office Chief Secretary's Office Government House Douglas IM1 3PN

infrastructure

planning and building control bun-troggalys - plannal as gurneil troggal Murray House Mount Havelock Douglas Isle of Man IM1 2SF email: [email protected] Tel: (01624) 685912 Fax: (01624) 686443 Director of Planning \& Building Control Michael Gallagher MRTPI

Our ref: 13/00601/C Date: 24 June 2013

Dear Mr Johnstone,

Re: PA 13/00601/B - Change of use of land from agricultural to residential gardens at land to the rear of Nos. 1-4 George's Close and Larivane Villa, Andreas

Please find enclosed a written statement on behalf of the Planning and Building Control Division of the Department of Infrastructure. The Department of Infrastructure is the applicant and owner of the site and the Planning Authority cannot therefore determine the application.

As the Department has an interest in the application, the Planning Authority's role in the process is only to advise on the policy status of the site, its planning history, factual matters relating to the site and proposal, and to provide assistance in the drafting of conditions, should the application be recommended for approval. In the interests of impartiality, it is not the Planning Authority's position to make any recommendation on whether the application should be approved or refused.

Alongside the written statement, I have provided a copy of representations received by the Planning Authority during the consultation process

Should you require any further information then please let me know. Yours sincerely

Redacted

Ed Baker, BA(Hons) DipTP CMS MRTPI Planning Officer enc.

Written Statement Of The Planning Authority

PA 13/00601/C Proposal - Change of use of land from agricultural to residential gardens

Applicant - Department of Infrastructure

Introduction

1. The Department of Infrastructure has submitted a planning application in its capacity as owner of the application site. The Planning Authority is unable to determine the application itself because it is part of the Department of Infrastructure and it is important that there is no perception of bias in the decision making process. The application will therefore be decided by the Council of Ministers instead.
2. This written statement provides factual information to assist the appointed person make a recommendation to the Council of Ministers on what decision it should take on the planning application. It includes the following information:

• A factual description of the application site and the proposal;
• Summary of any relevant planning history;
• List of the policies that the Planning Authority believes is relevant to the application;
• Summary and copy of consultation responses received by the Planning Authority during the consultation process;
• List of the main issues which it considers are relevant to the determination of the planning application; and
• List of suggested conditions if the application is approved.

1. In order to ensure impartiality, this written statement does not include an assessment of the proposal, nor does it make a recommendation on how the application should be decided.

Description of the Application Site

1. The application site forms part of Field 121410 located to the north of Bridge End Road, west of Larvane Close and south of George's Close, Andreas. The site is situated along part of the north boundary of the field to the rear of the houses on George's Close. It is a long and relatively narrow part of the much larger field, and measures 108 metres in length by 12 metres wide at its widest point. The site then narrows to a point next to Larivane Villa.
2. The north boundary of the site is defined by a hedge which forms the boundary with the properties on George's Close. The west boundary of the site is also defined by a field hedge. To the south and east, the site is open to the wider field. The site gently falls in an easterly direction.
3. The field is defined as being Class $3 / 2$ agricultural land.

Description of the Proposal

1. The planning application seeks consent for a change of use of the site from part of an agricultural field to residential gardens for the properties on George's Close including Nos. 1-4 George's Close and Laivane Villa. The block plan shows the site

subdivided into five gardens in connection with each of the five properties. There are no details of landscaping or boundary treatment.

Summary of Relevant Planning History

1. The application site has no planning history.

Summary of Relevant Planning Policy

1. The following planning policies are considered relevant to the consideration of the planning application:

Strategic Policy 4:

Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings ${ }^{(1)}$, Conservation Areas ${ }^{(2)}$, buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance.

General Policy 1:

The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.

General Policy 3:

Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land ${ }^{(1)}$ which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;

[^0] [^0]: ${ }^{(1)}$ Registered Building is defined in Appendix 1 ${ }^{(2)}$ Conservation Area is defined in Appendix 1 ${ }^{(1)}$ Previously developed land is defined in Appendix 1

(d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage.

Environment Policy 1: 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.

Environment Policy 14: Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development, and land of a lower quality is not available and other policies in this plan are complied with. This policy will be applied to (a) land annotated as Classes $1 / 2$ on the Agricultural Land Use Capability Map; and (b) Class 2 soils falling within areas annotated as Class $2 / 3$ and Class $3 / 2$ on the Agricultural Land Use Capability Map.

1. The application site is not the subject of any specific zoning in the Isle of Man Development Scheme (Development Plan) Order 1982.

Summary of Consultation Responses

1. The Planning Authority has received the following representations. A copy of these representations is appended to this statement.

Andreas Parish Commissioners - no objection Douglas Borough Council - no objection Highways Division - no objection Manx Electricity Authority - recommends an advisory note

Identification of the Main Issues

1. The Planning Authority considers that the main issues relevant to the consideration of the planning application are as follows:

• Whether the proposal is acceptable in principle having regard to the strategic policies in the Development Plan
• The effect of the proposal on the character and appearance of the countryside
• The effect of the proposal on the residential amenity of nearby neighbours

List of Suggested Conditions

1. The following conditions are suggested with impartiality if the planning application is approved:

C1 - The development hereby approved must be undertaken within four years of the date of this approval.

Reason: To accord with the provisions of Section 13(1) of the Town and Country Planning (Development Procedure) Order 2005.

C2 - The development hereby permitted shall not be carried out except in full accordance with the following plans, drawings and information: Drawing Numbers 01 (site location plan) and 02 (block plan) received on 21 May 2013.

Reason: To ensure that the development is undertaken in accordance with the approved plans.

C3 - No development shall be undertaken unless a soft landscape scheme, to include a programme for implementation, has been first submitted to and approved in writing by the Planning Authority. The development shall not be carried out unless in accordance with the details so approved. Any trees, shrubs or plants that die, fail or are removed within five years of their planting shall be replaced in accordance with the original approved scheme required by this condition.

Reason: To ensure that the site is satisfactorily landscaped, in the interests of the character and appearance of the countryside.

Copy of Representations received by the Planning Authority

ANDREAS PARISH COMMISSIONERS

BARRANTEE SKEEREY ANDREAYS

Please reply to the Clerk: J. J. Quayle Ballavarram, Jurby, Isle of Man, IM7 3AN Fax: Tel: 01624 897686

19th June, 2013,

Ms E J Callow, Secretary, The Planning Committee, Department of Infrastructure, Planning & Building Control, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF.

Dear Ms Callow,

RECEIVED 20 JUN 2013

re: Plan No. 13/00601/C; Change of use of land from agricultural to residential gardens, Part Field 121410 and Rear Of 1 - 4 Georges Close and Larivane Villa, Leodest Road, Andreas.

Applicant; Department of Infrastructure

I have to inform that my Commissioners have now considered the above proposed development, and have no objections to the amended plans as submitted.

Yours faithfully,

[Signature] Clerk.

Manx Electricity Authority

Reference	Description	Local Authority	MEA Note
13/00601/C	Change of use of land from agricultural to residential gardens, Part Field 121410 & Rear Of 1 - 4 Georges Close & Larivane Villa Leodest Road	ANDREAS	See Note 1
13/00273/A	Approval in principle for erection of a five storey office development (as amended and amplified by new and additional drawings and information), Car Park Site Junction Of Circular Road And Hillside Avenue (Re advertised due to amended plans received)	DOUGLAS	See Note 2
13/00577/B	Conversion of hotel to provide six residential apartments, Kenilworth Hotel 5 Castlemona Terrace Central Promenade	DOUGLAS	See Note 2
13/00586/B	Re-construction of weir, Laxey Woollen Mills Weir Adjacent To Glen Road	LAXEY	See Note 1
13/00575/B	Erection of eighteen dwellings with associated infrastructure including roads and drainage, Former Follies Cabaret Restaurant Harbour Road	ONCHAN	See Note 1&2
13/00593/A	Approval in principle for erection of two dwellings with access off Larch Hill Grove, to replace existing building, Cliff Cottage Carrs Lane Tromode	ONCHAN	See Note 2

Light-reill Lectrathys manningh

PO Box 177 • Douglas • Isle of Man • IM99 1PS • British Isles

Tel + 44 (1624) 687766 • Fax + 44 (1624) 687612 • e-mail [email protected]

Planning Applications

The Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority.

24/05/2013

Standard Reply Notes for Planning Applications:

Notes

1. There are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site.

Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 \& GS6.

1. Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
2. If the applicant requires to connect any private generation to the M.E.A. electricity supply they must make an application to the M.E.A. as soon as possible. The implications due to the location of any such installations need early consideration and they must conform to the appropriate standards as set down for embedded generation.

Contact the M.E.A. Planning Department (Tel. 687781).

* Special Note

Please note MEA requires 24 hours unrestricted access to the cables in the Public Highway and MEA will not be liable for any loss of income caused to the applicant as a result of its statutory works.

The Secretary to the Planning Committee Department of Infrastructure Planning & Building Control Division Murray House Mount Havelock DOUGLAS NJK/DH 10 June 2013 Dear Sir

RECEIVED ON 11 JUN 2013 DEPARTMENT OF INFRASTRUCTURE

Town & Country Planning Act 1999

Town & Country (Development Procedure) Order 2005

Following consideration of the below applications, I can advise that Douglas Corporation have no objection to the proposals listed below.

It should be noted that the above comments are made in relation to the Town and Country Planning Acts and does not imply approval or consent under any other relevant enactment, byelaw, order or regulation.

13/00601/C Change of use of land from agricultural to residential gardens, Part Field 121410 & Rear Of 1 - 4 Georges Close & Larivane Villa Leodest Road 13/00585/B Erection of stables, Field No 424951 Ronague Road Ballabeg 13/00592/B Amendments to approved alterations and extensions to dwelling (PA's 10/00179B and 11/00799B, retrospective) including the re-roofing and repair of tholtans and barn, Ballacurn Keil House Ballacurn Road 13/00572/D Erection of advertising signage, Unit 8 Spring Valley Industrial Estate 13/00576/B Erection of a replacement dwelling, Lower Ballawylan East Baldwin 13/00584/B Alterations and erection of extension to dwelling, 2 Ashlar Drive Union Mills 13/00602/B Installation of replacement windows to dwelling, The Rock Bridge Street

13/00273/A Approval in principle for erection of a five storey office development (as amended and amplified by new and additional drawings and information), Car Park Site Junction Of Circular Road And Hillside Avenue (Re advertised due to amended plans received)

13/00578/B Erection of a two storey extension to side elevation, 126 Ballaquark

13/00579/B Erection of a first floor extension over garage and a single storey extension to rear elevation, 6 Cherry Walk

13/00595/B Alterations including replacement of existing utility room window with a window and door, erection of a garden pergola and shed and enclosure of porch to front elevation (partial retrospective), 7 Oakdale Governors Hill

13/00596/D Erection of illuminated signage and accent lighting, 28-29 Loch Promenade

13/00597/D Installation of a blue plaque (retrospective), 50 St Catherines Drive

13/00598/B Alterations and erection of extension to dwelling, 1 Horseshoe Avenue

13/00453/B Erection of a storage barn (amended location), Upper Sartfield Sartfield Road (Re advertised due to amended plans received and amended proposal description)

13/00500/B Erection of two loose boxes to rear elevation of existing hay storage barn (amended location), Upper Sartfield Sartfield Road (Re advertised due to amended plans received and amended proposal description)

13/00586/B Re-construction of weir, Laxey Woollen Mills Weir Adjacent To Glen Road

13/00582/B Removal of a chimney stack, Ardan 13 Meadow Court Ballasalla

13/00600/C Additional use of land for camping (tents, motorhomes and caravans) with associated winter storage, Land At Cronk Aashen Farm Barregarrow

13/00574/B Erection of an extension to rear of dwelling, 8 Whitebridge Road

13/00575/B Erection of eighteen dwellings with associated infrastructure including roads and drainage, Former Follies Cabaret Restaurant Harbour Road

13/00580/B Removal of a chimney stack (retrospective), 27 Birch Hill Crescent RECEIVED ON 11 JUN 2001 13/00583/B Alterations and erection of a two storey extension to dwelling, 1 Strathallan Park 13/00593/A Approval in principle for erection of two dwellings with access off Larch Hill Grove, to replace existing building, Cliff Cottage Carrs Lane Tromode 13/00599/B Installation of replacement conservatory roof, 38 Seafield Crescent 13/00588/B Installation of replacement front door, 22 Circular Road 13/00591/C Change of use from temporary amenity building to permanent, Peel Inner Harbour Mill Road 13/00573/B Demolition of redundant shop unit, refurbishment of toilets, modification of roof and creation of glazed canopy to existing station building together with reconstruction of the entrance from Station Road and paving of existing Goods Yard to create a public plaza, Port Erin Railway Station Station Road 13/00587/B Erection of a replacement sun room with terrace over, to rear elevation, Bay Cliff High Street 13/00589/B Alterations and extensions to dwelling (comprising amendments to PA 12/00823/B), Teen Kai Clifton Road 13/00590/B Erection of a timber shed, Field 410338 Cronk Y Dhooney Ballakilpheric Colby 13/00581/LAW Application to make lawful the occupation of the dwelling by a non-agricultural worker, Principal Dwelling Ballacregga Farm Marine Drive Port Soderick 13/00594/B Amendments to approved alterations and extensions to dwelling (PA 11/01105/B, retrospective), Coach House Old Castletown Road Crogga

Yours faithfully

Nicholas S. K.

N J Kaighin Building Control Manager

Department of Infrastructure

Planning Application	Location	Response	Conditions	Reasons
13/00572/D	Erection of advertising signage Unit 8 Spring Valley Industrial Estate Braddan	Do not oppose has no traffic management, parking or road safety implications
13/00592/B	Amendments to approved alterations and extensions to dwelling (Pas 10/001798/B and 11/00799/B retrospective) including the re-roofing and repair of tholtans and barn, Ballacurn Keil House Ballacurn Road	Do not oppose has no traffic management, parking or road safety implications
13/00585/B	Erection of stables Field No. 424951 Ronague Road, Ballabeg	Do not oppose has no traffic management, parking or road safety implications. Private use only
13/00601/C	Change of use of land from agricultural to residential gardens Part Field 121410 & rear of 1-4 Georges Close & Larivane Villa, Leodest Road, Andreas	Do not oppose has no traffic management, parking or road safety implications
13/00594/B	Amendments to approved alterations and extensions to dwelling (PA 11/01105/B retrospective) Coach House, Old Castletown Road, Crogga	Do not oppose has no traffic management, parking or road safety implications

Director of Highways R D Pearson BEng (Hons) CEng, MICE, MCIHT, DMS Highways Division Sea Terminal Building Douglas, Isle of Man IM1 2RF Switchboard (01624) 686600 Telephone (01624) 686676 Fax (01624) 686677 Email: [email protected]