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Application No.: 19/01231/B Applicant: Downstream Limited Proposal: Removal of a wall (retrospective) and erection of fencing with pedestrian gate Site Address: Sunnybank House West Baldwin Isle Of Man IM4 5HD Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 31.01.2020 _________________________________________________________________
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.
Plans/Drawings/Information; This approval relates to drawing numbers P-05-C and P-06 both date stamped and recieved 05/11/2019. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report SITE
1.1 The application relates to existing property known as Sunnybank House sitting on the western side of the West Baldwin Road adjacent to the junction with the Ballalough Road, the property is one of several forming a cluster around the junction. Nearest the junction and between the gable of the cottage and the West Baldwin Road is a small area of hardstanding
2.1 This planning application seeks approval for removal of the wall between the cottage and the roadside pillar (retrospective) and the installation of replacement timber fencing including a pedestrian gate 5m in length. The fencing detail states that the fence is to be 1m tall nearest the cottage and 1.35m above ground level nearest the pillar. PLANNING HISTORY - 3.1 There are no previous applications for the site considered relevant in the case of this application. PLANNING POLICY - 4.1 The application site is within an "Area of High Landscape or Coastal Value and Scenic Significance" and within an area of woodland. Given the nature of the application it is appropriate to consider Environment Policies 2 and 3, and General Policy 2 (h) and (i) of the Isle of Man Strategic Plan, it is also necessary to consider Class 16 of the Town and Country Planning Permitted Development Order 2012 (PDO) for the erection of fencing at residential properties including along a roadside boundary.
"The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
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 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:
4.5 Class 16 - Fences, walls and gates "The erection or alteration of fences, walls or gates within, or on the boundary of, the curtilage of a dwellinghouse. Conditions:
Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.2 Department of Infrastructure (DOI) Highways Services - Do Not Oppose 29/11/2019. ASSESSMENT - 6.1 The proposed fencing is set back from the road and a considerable distance from its nearest neighbours and in this respect is not expected to result in any new highway safety issues or to impact adjacent living conditions. The main issues therefore to consider in the assessment of this application are the impact of the development on visual amenity particularly upon the on character and quality of the surrounding AHLV, woodland and streetscene, VISUAL IMPACT
6.2 Under the PDO a timber fence of 1m high could be built alongside the highway so long as it was constructed of vertical posts with spaces between. In the case of this application part of the proposed fencing is taller than that permitted under the PDO and as such requires formal assessment.
6.3 The site forms part of a wider area recognised as being of High Landscape or Coastal Value and Scenic Significance, although the immediate site surroundings and context at this road junction is one that is characterised mostly by residential development and use. EP2 indicates that development will only be acceptable if the proposal would not harm the character and quality of the landscape; or the location for the development is essential. The proposed 5m length of fencing and its height between 1m - 1.35m situated between the existing roadside pillar and gable of the cottage is considered to be an acceptable level of development that does not significantly detract from the general character of the immediate area or streetscene and does not harm the wider AHLV. The works are upon an existing area of hardstanding and as such no impacts are expected on any nearby trees or the wider woodland designation. CONCLUSION - 7.1 For the above reasons the proposal is considered to comply with EP2, EP 3 and GP2 (h) and (i) of the Isle of Man Strategic Plan 2016 and therefore recommended for approval.
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 06.02.2020 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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