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B E \& J C J Oates<br>18 Ballastrooan<br>Colby<br>Isle Of Man<br>IM9 4NR
In pursuance of powers granted under the above Act and Order the Department of Local Government and the Environment does hereby REFUSE the following application made on behalf of:
Name: Proposal: at:
B E \& J C J Oates Approval in principle to erect a garage, extend residential curtilage and removal of a tree 18 Ballastrooan Colby Isle Of Man IM9 4NR which was considered on 21st May 2008, for the reasons set out below. Date of Issue: 23rd May 2008 Murray House Mount Havelock Douglas
Deputy Secretary to the Planning Committee
This decision was made by the Director of Planning and Building control in accordance with the authority delegated to him under Article 3(13) of the Town and Country (Development Procedure) Order 2005.
The decision contained in this notice does not become final until either;
Whichever is the later. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/ dlge/planning/plan/applications/decision.xml
A copy of the Officer's report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.
Application No.: 08/00546/A Applicant: B E & J C J Oates Proposal: Approval in principle to erect a garage, extend residential curtilage and removal of a tree
Site Address:
Case Officer: Miss S E Corlett
Photo Taken: - Site Visit: - Expected Decision Level: - Delegation
Consultee: Highways Division
Notes:
Consultee: - Arbory Parish Commissioners Notes: - No comments Consultee: Drainage Division Notes: - No objection Consultee: Wildlife & Conservation Officer Notes: - Object
The site represents the residential curtilage of an existing dwelling which is situated within Ballastrooan and backing onto a wooded area which has permission for development (see below). The property has pedestrian access directly onto the Ballastrooan estate road but no vehicular parking other than on the estate road.
The site alongside has a number of trees on it, one of which sits at the rear of the area on which it is proposed to erect a garage.
The existing dwelling sits within an area designated on the Arbory and East Rushen Local Plan as Residential. The part of the site which is to be the subject of incorporation into the garden of the applicants' property and on which the garage is to be erected is within a development area (number 15 May 2008 08/00546/A Page 1 of 3
13) on which one dwelling could be erected and where "existing deciduous trees presently on site shall be retained as part of the overall development proposals and measures for their protection both during and after the course of construction must be included in any planning application submitted..." (paragraph 18.20 - Development Brief 13).
Alterations and extensions were permitted under PA 92/0897.
Proposed here is the principle of the incorporation of a strip of 4.5 m of the development site into the applicants' garden and the principle of the erection of garage towards the back of the site. The proposal will involve the removal of an existing tree which sits between the proposed garage and the lane which leads from the development site to the Ballastrooan estate road. The garage is shown as being around 9 m by 6 m .
Arbory Parish Commissioners indicate that they have no objection to the application and Department of Transport Drainage Division recommend a condition regarding the disposal of surface water from the site.
Department of Transport Drainage Division recommend that a condition is attached to any approval relating to the disposal of surface water.
The views of DAFF - Wildlife and Conservation and Forestry have been solicited and whilst the Forester describes the tree as "fairly unremarkable" but has some amenity value as a component of the larger tree group, the Wildlife and Conservation Section object to the loss of this tree due to its value as a roost for bats, including the ivy which covers the tree.
The value of the tree in visual amenity terms is limited in terms of its individual contribution but as part of the overall group does contribute to woodland which has been protected during the consideration of a number of applications for the development of the site. The value of the tree to bats is a material consideration as bats and their habitat are protected under the provisions of the Wildlife Act 1990 and it would not be acceptable to permit a development which would knowingly result in the destruction of such a habitat.
With care, a garage could be erected within the extended garden area, although it would have to be smaller and positioned differently to avoid damage to the tree.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. daff represent a statutory authority and raise material planning concerns and as such should be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 15.05.2008
N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
The tree which would be removed as part of the proposed development is part of a group which contributes positively to the character and amenity of the area. In addition, the tree provides roosting and feeding habitat for bats which are protected under the provisions of the Wildlife Act 1990.
I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control)
Decision Made : Refused Date : Signed : M. I. McCauley
Director of Planning and Building Control
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