Officer Report

Application No.: 18/00250/LAW Applicant: Mr Nigel Ormond-Smith Proposal: Application for certificate of Lawful Development for the creation of decking Site Address: Yn Rheash Corlea Road Ballasalla Isle Of Man IM9 3BA Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 16.04.2018 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. Taking into account the evidence supplied by the applicant, it is demonstrated that the decking shown in the photographs received on 9th March, 2018 were carried out more than 4 years ago.

_______________________________________________________________

Interested Person Status

Additional Persons _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The site is the curtilage of an existing dwelling, Yn Rheash including land to the side and rear which was formerly part of Cringle Plantation but which has been cleared of trees and sold to the applicant and was approved to be included as part of the curtilage (17/00552/B). Yn Rheash sits on the northern side of the Corlea Road with Cringle Plantation sitting immediately to the north and west with the reservoir to the west of that. The property is partly traditional but has been extended and altered over time with a side annex built as a continuation of the original cottage. A more modern garage lies behind the house with living accommodation included above (see Planning History). Planning approval has recently been granted for further extensions to the dwelling (17/00552/B). - 1.2 The side garden slopes down towards the trees and is mown lawn with small groups of shrubs. The boundary between the trees and the garden is marked by a low, horizontal fence. The rear garden is currently a narrow strip of grass running behind the garage. The natural

• ground level rises up by around 1.5m to a gradually rising area which is presently covered in brambles. The boundary between this area and the trees is also formed by a horizontal timber fence.
• 1.3 The road in front of the site slopes upward and the plantation trees together with a couple of trees along the front side of the eastern boundary, make a clear and prolonged view into the site difficult as one is passing the site. What is apparent is a crisp white traditional form in a tidily landscaped and relatively spacious garden.
• 1.4 Between the house and the garage is a decked area incorporating a hot tub and this is the focus of the current application. THE PROPOSAL

2.1 The application seeks approval for a Certificate of Lawfulness for the decked area which, in places is higher than the 300mm limit provided for in The Town and Country Planning (Permitted Development) Order 2012. - 2.2 The applicant has provided photographs which are unhelpful as they are not digitally dated so their age cannot be established without doubt. There is also, however correspondence from a local estate agent which confirms that they marketed the property in 2011 and provide sales literature from then which includes photographs of the decking and hot tub, which is a little more persuasive but most importantly, an aerial photograph of 2012 which clearly shows both the decking and the hot tub. The decking does not appear in the photographs produced for the certificate of lawfulness application in 2012 for the use of the garage but does certainly appear on the aerial photograph of the same year. PLANNING POLICY

3.1 The site lies within an area designated on the Area Plan for the South as not designated for a particular purpose and where there is a presumption against development as set out in General Policy 3 of the Strategic Plan and General Policy 1 which protects the countryside for its own sake. The Area Plan includes a Landscape Character Appraisal which designates the land in which the site lies as on the cusp of an area of Incised Slopes and one of Southern Uplands. The accompanying advice for these areas in the Plan is as follows:

Southern Uplands (A2) The overall strategy for the area is to conserve and enhance the character, quality and distinctiveness of the open and exposed character of the moorland, its uninterrupted skyline and panoramic views, its sense of tranquillity and remoteness and its wealth of cultural heritage features.

Key Views Open and expansive panoramic views out to sea and over the southern portion of the Island. Distant views in some areas enclosed by the surrounding peaks.

3.23 Implications of the Landscape Character Assessment Landscape Type: Uplands, Incised Slopes, Rugged Coast, Undulating Lowland Plain Landscape Area: A2 (Southern Uplands), D14 (Ballamodha, Earystane and St Mark's), E11 (Langness), F7 (Castletown and Ballasalla) and F8 (Poyll Vaaish and Scarlett Peninsula)

• i. To protect and enhance the identity of Ballasalla by conserving the rural character of the adjacent landscape.
• ii. In terms of Langness, to resist any development that would detract from the unspoilt character and appearance of the rugged coast or from the sense of openness in the area.
• iii. Protection of the tranquil, rural character of the area with its open views.
• iv. Sensitive location of new buildings and the use of screen planting.
• v. Avoidance of physical or visual amalgamation of roadside housing. Ballamodha, Earystane and St Marks (D14)

The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.

Key Views Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons. Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views.

3.2 Schedule 4, Part 1 paragraph 3 of Town and Country Planning Act 1999 states that no enforcement notice may be issued in respect of a breach of planning control consisting of the carrying out without planning approval of building operations after the end of a period of 4 years beginning with the date on which the operations were substantially completed. PLANNING HISTORY

4.1 The property has been the subject of a number of applications since 1993 when a garage was approved and then in 1994 when the first proposal to extend the house was refused, followed by a number of other unsuccessful applications for the extension of the property (94/00868/B, 94/01813/B, 97/00086/B and 97/00708/B). Since then, a series of successful applications have resulted in the side extension (95/00297/B) and the porch and conservatory (97/02151/B and 07/01844/B). Most recently a Certificate of Lawfulness of Use of the first floor over the garage as living accommodation was granted (12/01188/LAW) and extensions and the expansion of the residential curtilage were approved under 17/00552/B. REPRESENTATIONS - 5.1 Malew Parish Commissioners indicate that they have no objection to the application (06.04.18). ASSESSMENT - 6.1 The aerial photograph provides clear proof that the decking was in situ in 2012 and as such demonstrates that the structure cannot be the subject of an enforcement notice under Schedule 4 Part 1 of the Act.

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 : 26.04.2018 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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.