Officer Report Lorne House Retrospective

The Proposal Now proposed is retrospective permission for walling which has been erected towards the entrance from School Lane. The walling leads from the circular gate pillars alongside School Lane, along the rear of the parking area associated with Lorne House Lodge with gated access to this area, and with railings atop. The railings have been painted black. The work is already implemented and there have been on-going issues with the occupant of Lorne House Lodge in terms of access to and from the property. ### Representations The occupant of Lorne House Lodge objects to the application on the basis that the walling is in front of the building line of Lorne House Lodge, the walling is within a Conservation Area, there is a disagreement regarding the boundary between Lorne House Lodge and Lorne House, impairment of the view from the property, the use of "cheap concrete building blocks which have been faced on one side with a mixture of slates and stones bonded with brown concrete", inadequate width of the access (Highways and Traffic Division have advised that access widths should be at least 2.4 m wide) and the gates open only to 90 degrees resulting in difficulties in manoeuvring. Castletown Commissioners object to the application on the basis that the works have been undertaken without planning permission, land has been used which is not in the applicant's ownership, the works have been undertaken within a Conservation Area and the owner of the adjacent land has been disadvantaged by the erection of the walling and gates. The owner of The Malt House objects to the fact that the application is retrospective, the wall creates and barrier and impedes access. ### Assessment As the property lies within a Conservation Area, Environment Policy 35 and the Planning Policy Statement 1 / 01 require that development preserves or enhances the property and the Area. In this case the railings are appropriately styled and attractive. The issues in respect of access to and from Lorne House Lodge are largely ones of a civil nature between the parties and revolving around any right of access for the occupant of the Lodge. Further information has been sought from the applicant and the Highways and Traffic Division, the latter of whom indicates that there is sufficient space to park and manoeuvre in and out of the site. The applicant indicates that the walling has been built from stone reclaimed from elsewhere on the site and as such is not alien to the site and they suggest that the walling has not affected the use of this piece of land for parking. There is clearly a civil disagreement between the parties and it is not for the planning process to arbitrate between them in respect of non-planning matters. Technical advice from the Highways and Traffic Division indicate that the space remaining is sufficient and it is considered that the walling does not adversely affect the appearance and character of the Conservation Area. As such the application is recommended for approval. ### Party Status The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. The owner of Lorne House Lodge is immediately alongside the application site and as such should be afforded party status in this instance. The owner of The Malt House is not directly affected by the proposal and should not be afforded party status in this instance. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ## Recommendation Decision Recommended by the Director of Planning and Building Control: Permitted

Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals C 1. This permission relates to the erection of walling and railings as shown and described in drawings reference 01 and the photograph reference 02 both received on 22nd March, 2010.