Dept Decision Inspector's Report

Application by Department of Infrastructure Properties Division for the change of use of land from agricultural to residential gardens, at part of Field 121410, rear of 1 - 4 George's Close and Larivane Villa, Leodest Road, Andreas.

Site visit Monday 22 July 2013

Preamble

1. The application was referred to the Council of Ministers in accordance with Section 10(1)(a\&b) of The Town and Country Planning (Development Procedure) Order 2005 because the land is owned by, and the applicant is, a Division of the Department of Infrastructure.

Site and Development

1. 1 - 4 George's Close comprise a row of 4 substantial, modern detached houses on relatively modest curtilages for the size of these properties. Larivane Villa is a long standing, somewhat smaller, detached house at one end of the row standing in a significantly larger curtilage than the others. All five back onto the extensive Field 121410, which was under tall grass at the date of my visit. The proposal is to extend the back gardens by 12.0 m behind the modern houses, lessening behind Larivane Villa before tapering to nothing at a field access alongside that house. Properties Division is willing to sell the parcels of land to the owners subject to planning approval.

Representations

1. There is no supporting statement on file but the Planning Officer confirms that there has been no previous planning application concerning the land, advises that its agricultural classification is $3 / 2$, sets out the relevant planning policies and also suggests conditions should the application be approved. Policies referred to are Strategic Plan Strategic Policy 4, General Policy 1, General Policy 3, Environment Policy 1 and Environment Policy 14.
2. Andreas Parish Commissioners have no objection and Douglas Corporation has commented, similarly confirming no objection.

Inspector's Assessment

1. Of the policies identified by the Planning Officer, Strategic Policy 4 and General Policy 1 essentially set the approach; the others have more direct application in the determination of this proposal. The garden extensions would, of course, amount to acts of development for planning purposes and General Policy 3 is normally opposed to development in the countryside, as here unzoned for development, with only limited categories of exceptions that do not include domestic extensions onto agricultural land. Environment Policy 1 seeks to protect the Manx countryside and its ecology for its own sake: development that would adversely affect the countryside requires an over-riding national need in land use planning terms outweighing such protection and for which there is no reasonable and acceptable alternative. Environment Policy 14 opposes the permanent loss of classes 1-2 agricultural land (the most important and versatile) except to meet an over-riding need for which lower quality land is not available and other Strategic Plan policies are met.
2. None of this necessarily precludes garden extensions in any circumstances. I draw attention to two recent approvals by the Minister on my recommendations (PA 13/00151/C \& 13/00019/C). The land take in this present case would be modest, in a secluded location and there is no suggestion that the soil is the best and most versatile for agricultural production. Even so, there would be some, intrinsically harmful, erosion of the countryside. Each of the 4 modern houses has just a few metres of land around it but they are not in any sense substandard.

1. The desire by the occupants for more land is entirely understandable but amounts to a preference rather than an essential need that could over-ride the harm, while Larivane Villa already stands on a well proportioned curtilage. All the houses also benefit from far reaching views across the field. I realise that my assessment and the recommendation that must flow from it will be a disappointment, but there are many homes across the Island backing onto agricultural land where owners might wish to extend their gardens, which unless only exceptionally justified could cumulatively erode the precious asset of the Manx countryside.

Recommendations

1. I recommend that the application be refused for the following reason.

The garden extensions would harmfully erode an area of the Manx countryside contrary to General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2007 with insufficient over-riding justification having been demonstrated.

1. In the event that the Council of Ministers disagree and determine to grant approval I recommend the conditions below. Conditions 1 - 3 are based on those suggested by the Planning Officer but I have amended "soft landscaping" to "landscaping" in Condition 3 as this then includes boundary fencing. Condition 4 would also be reasonable and necessary in the circumstances in order to minimise the impact while providing the additional garden areas.

1. The development hereby approved must be undertaken within four years of the date of this notice.

1. The development hereby approved shall not be carried out except in full accordance with the following plans, drawings and information: Drawing Numbers 01 (site location plan) and 02A (block plan) received by the Planning Authority on 21st May 2013.

1. No development shall take place unless a scheme of landscaping, to include a programme of implementation, has been first submitted to and approved in writing by the Planning Authority. The development shall not be carried out unless in accordance with the details so approved. Any trees, shrubs or plants that die, fail or are removed within five years of their planting shall be replaced in accordance with the original approved scheme required by this condition.

1. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, polytunnels, walls, gates, fences garden sheds, summerhouses, flag poles, decking, garages, car ports or tanks for the storage of oil or gas for domestic heating shall be erected nor solar panels or ground water source heat installations replaced or installed within the additional residential curtilage hereby approved other than as may be expressly approved in writing by the Planning Authority.

Alan Langton Inspector