Officer Planning Report

Planning Report And Recommendations {{table:131817}} {{table:131818}} {{table:131819}} {{table:131820}} ### Considerations {{table:131821}} ### Written Representations ### Consultations

Officer's Report

Issues

• The application is proposing to extend the residential curtilage into Field No.134401. In recent appeal decisions, it has been allowed for parts of agricultural fields to be converted into residential gardens. These applications were proposing small encroachments into the countryside.

• This application is proposing an encroachment of approximately 20 x 86m into a field. Paragraph 5 of Planning Circular 1/88 states that "It is recognised that the Manx Countryside is extremely fragile and even a limited development can have an impact out of all proportions to its size. Account has been taken out of public concern about encroachment of development into the countryside..."

• The field is set behind a substantial hedge running along the Lezayre Road. The only point in which the site is visible is via the gated access into the field. The encroachment will not be readily

visible from the public highway. I do not feel the proposal will be detrimental to openness and character of the locality and would not adversely affect the visual amenities of the locality.

• The plans show a greenhouse which has not been constructed. I would recommend that a note be attached to decision note stating the permission does not confer any right to erect the greenhouse.
• On consideration of the recent appeal decisions and other material considerations, I consider the proposal would be difficult defend at appeal. I therefore recommend that planning permission be granted.

Conclusion

On consideration of the recent appeal decisions and other material considerations, I consider the proposal would be difficult defend at appeal. I therefore recommend that planning permission be granted.

Party Status

I consider that the following should be granted party status due to them being statutory consultees or meet the criteria of Government Circular 1/06

• Lezayre Parish Commissioners
• Highways Division of the Department of Transport

I consider that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

- SPMCE

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 03.07.2006

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 continued use of the land as residential garden as shown drawing numbers 4015-LP and 4015-SP Rev A date stamped 28th April 2006.

C 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no greenhouses, garden sheds, summerhouses, flag poles, decking, garages shall be erected within the extended residential curtilage (other than those expressly authorised by this approval.)

N.

For the avoidance of doubt, this planning permission does not confer any right to erect a greenhouse as shown in drawing number 4015-SP Rev A

I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)

Decision Made : Permitted Date : 7/7/06

Signed : M. I. McCauley Director of Planning and Building Control