Officer Memo on Condition 3
Department of Environment, Food and Agriculture Planning and Building Control Division MEMORANDUM To: Director of Planning/Senior Planning Officer/Head of Development Management From: Miss Sarah Corlett, Principal Planner Date: 8th November, 2018 Re: PA 14/01094/B – demolition of existing building and erection of a detached dwelling and garage, Shenvalley Farm, Balnahowe, Rushen SATISFACTION OF CONDITION 3 Description
1.1 The above application was approved by the Planning Committee on 24th November, 2014 with the notice issued on 25th November, 2018. The approval was subject to three conditions, one requiring that development commence within 4 years of the date of the notice, one suspended the provisions of The Town and Country Planning (Permitted Development) Order 2012 in respect of extensions and a third which stated:
- Prior to the commencement of any works on site, the applicant must have approved by the Department a scheme for the improvement and restoration of the land to the north west and south east of the proposed dwelling, removing all unauthorised tipped material. Such works must be implemented prior to the occupation of the dwelling.
Reason: in the interest of public amenity as viewed from the public footpath.
Proposal
2.1 The applicant’s agent has provided a letter dated 30th October, 2018, a plan reference 20 and photographs of the site.
2.2 The letter explains that some of the materials on site – the slates and stone – will be used in the construction of the proposed dwelling.
2.3 The plan shows the removal of all the material within the main open area between the proposed dwelling and the main road, no change to existing levels and the area returned to grass with random planting of fuchsia, gorse and wild flowers. The other area opposite the public footpath from the dwelling will be treated similarly.
Recommendation
3.1 The plan proposes the works which were required by the condition – that is, the removal of all building materials and the restoration of the area to grass. If it is not to be used for grazing, and is relatively small and isolated in this respect, the introduction of fuchsia, gorse and heather with wildflowers, in the form of an unmanaged scrubland would be appropriate. If management starts to be undertaken to neaten and tidy the area and it starts to become garden-like, there could be an issue and this would be likely to result in the Department considering that there had been a change of use of the area to part of the domestic curtilage. There is, however a firm fenced and planted boundary between the residential curtilage and the restored area which should separate these two uses.
3.2 It is considered that the plan reference 20 satisfies condition 3 of the approval.
Date: 8.11.13
Reporting officer Sernoutt
Director of Planning
Principal Planner
Head of Development Management 12/11/18
