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Application No.: 15/01274/B Applicant: Mr Gavin Tyler-Roberts Proposal: Levelling of land and extension of domestic curtilage to create a garden Site Address: Upper Lhergydhoo Farm Staarvey Road Peel Isle of Man IM5 2AJ Case Officer : Mr Edmond Riley Photo Taken: 07.10.2015 Site Visit: 07.10.2015 Expected Decision Level: Planning Committee
THE APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE DUE TO THE NATURE OF THE SITE AND THE PLANNING HISTORY HERE.
1.0 THE SITE - 1.1 The application site is a highly irregularly shaped parcel of land including the detached dwelling known as 'Upper Lhergydhoo' (once Upper Lhergydhoo Farm), located on Staarvey Road in German and also an area of land to the southwest of the building group that is roughly the same extent as the buildings along with the courtyard serving them. This 'extra' area of land slopes gently but is noticeably flatter and less steeply sloping than the other land in the applicant's control, and also is screened from the highway by sporadic trees as well as giving the impression of having been used as a garden previously. The property is situated on the western side of the Staarvey Road, accessed by a sloped gravel driveway. The existing dwelling comprises the original farmhouse as well as attached converted barns, while an extension is currently under construction. The buildings together are arranged in an 'L' shape with the front elevation facing southwest.
2.0 PLANNING HISTORY - 2.1 The site has been the subject of an unusual planning history that has resulted in the grant of planning approval for two elements of ancillary accommodation. There is a current application (PA 15/01273/B) seeking the erection of an extension comprising amendments to the second element of ancillary accommodation, and this is also before the Planning Committee for their consideration today. - 2.2 There have been no applications seeking approval for the extension of the residential curtilage to Upper Lhergydhoo.
3.0 THE PROPOSAL - 3.1 Full planning approval is sought for the change of use of the rectangular parcel of land discussed to residential curtilage and also to level that land while also providing a raised patio area and flower bed. The land would be surrounded by a Manx sod bank almost in its entirety, with low
shrubs and a 3m-wide gate with associated fence separating the land from the field beyond is also shown.
4.0 PLANNING STATUS - 4.1 The site is located in an area identified by the 1982 Development Plan Order as an 'Area of High Landscape or Coastal Value and Scenic Significance'. As such the land is not zoned for development. General Policy 3 of the Strategic Plan generally presumes against development in the countryside, while Environment Policy 1 states clearly that the countryside will be protected for its own sake, going on to state: "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." - 4.2 This suggests that EP1 does allow for development to take place in such locations where the impact of that development will be such as to not adversely affect the countryside, although this is perhaps somewhat simplistic.
5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure's Highway Services team offered no objection to the application on 26.11.2015.
6.0 ASSESSMENT - 6.1 This is an unusual situation. There is a small dwelling along with two sets of ancillary accommodation on the site, but none could be said to benefit from amenity space - there is, in short, no garden land available to the occupants of Upper Lhergydhoo. While this is in part related to the history of the site and the fact that the courtyard has become the parking area (even if there is nothing especially unusual about that), it also reflects the reality of the site in its present state. There are areas of land that appear to have been at least partially / occasionally in use as a garden
6.2 There is an argument that an isolated dwelling such as this 'should' have a garden, and also one commensurate with its size. That being said, there is nothing that supports such an argument in the Development Plan and so the issue at hand is really the extent to which what is proposed could be considered harmful to the countryside. In considering this, it is noted that some of the land exhibits clear signs of such a use in the past (prior to the applicant's purchase of the property) and the existence of swingsets and other typical toys / garden furniture clearly reflects a longerterm use of this land in this way. - 6.3 The application site is at its most visible from a distance on public footpaths away to the west and north; indeed, it is quite likely that the proposed garden land, especially with the proposed sod banks, would not be visible at all from Staarvey Road. The proposed location for the garden is judged to be the most appropriate on the site for this reason. It is large, but equally it is not inappropriately large, and it has been sited and will be landscaped in such a way as to be clearly associated with Upper Lhergydhoo. Moreover, the area of land proposed for garden use very much has the feel of being a garden already, and also feels distinct from the field within which it ostensibly sits. The subtle but noticeable difference in ground level relative to the surroundings is one reason for this, while another is the existing trees alongside the lowest part of the site. These are proposed to be retained and reinforced with an adjacent sod bank, while others will be removed. - 6.4 Of additional benefit in retaining and reinforcing this agricultural / residential distinction is the proposed field gate and fencing; these should help to distinguish the one use from the other
and would consequently help to prevent the 'creeping' of the residential use out into the agricultural fields.
7.0 CONCLUSION AND RECOMMENDATION - 7.1 The proposal is concluded to be acceptable. Upper Lhergydhoo is a dwelling that does not benefit from significant (or even, it is considered, sufficient) garden land relative to its size and the nature in which the additional garden land is proposed to be achieved is appropriate to the countryside setting through the use of traditionally Manx landforms, which also help reduce the visual impact. - 7.2 This is something of a balanced conclusion, however, given the site's isolated location and potential for further expansion, and it is considered that two conditions would be necessary to make the proposal acceptable. In the first place, a condition removing permitted development rights with respect to free-standing structures will prevent the land from becoming overly domesticated without proper consideration by the Department. - 7.3 Secondly, the gate and fencing shown, along with the associated shrubbery, are - for the reasons outlined - judged to be important to reinforcing the distinction between the two adjacent uses. As such, a condition is recommended requiring that the fence and gates be installed and the shrubbery planted and the whole retained as shown prior to the garden land coming into use. - 7.4 It may be that the Committee prefers the gate to be replaced with fencing to provide further confidence on this point, which would not be inappropriate even though it might be reasonable to allow access to the garden from the field. In coming to a view on this, it is worth noting that one of several future applications on the site is likely to be for a garden store that would provide space for a lawnmower and other garden-related plant such that access to maintain the garden would, potentially, be possible from within the site in future.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
Recommendation Recommended Decision: Permitted Date of Recommendation: 21.12.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
Reason: To control development in the interests of the amenities of the surrounding area and prevent the domestication of the agricultural land outside the approved garden land.
C 4. Prior to the land hatched on drawing 24 Rev B date-stamped as having been received 20th November 2015 coming into use as a garden, the low-level shrubbery shown on that same plan shall be planted. Any such plant that dies or is removed within a five year period shall be replaced by a plant of similar species and size during the next planting season.
Reason: To control development in the interests of the amenities of the surrounding area and prevent the domestication of the agricultural land outside the approved garden land.
The development hereby approved relates to the following drawings and plans, date-stamped as having been received 20th November 2015: 01 Rev A, 04 Rev A, 24 Rev B and 500.
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 : Approved Committee Meeting Date: 04.01.2016
Signed : E Riley Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO
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