DEC Officer Report

Application No.: 22/00319/B Applicant: Hartford Homes Proposal: Proposed installation of maintenance access gate Site Address: Land To Rear Bix House Farmhill Lane Douglas Isle Of Man IM2 2EB Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.08.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The access gates installed must open inwards into the site, and retained opening inwards thereafter. Reason: In the interest of highway safety.
• C 3. The existing trees shall be retained in accordance with the approved details. Any retained tree which within five years of the approved development being completed (whichever is the later) dies, is removed or becomes seriously damaged or diseased shall be replaced by a native species, of a light standard size or if an alternative size is first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department. Reason: To safeguard the trees and the appearance of the surrounding area.

N 1. The applicant/agent is to be reminded of the potential for protected species (lizards) on site and it being a criminal offence to harm any protected species under the Wildlife Act 1990.

This application has been recommended for approval for the following reason.

The application has acceptable visual and neighbouring amenity impacts, and subject to two conditions for inwards opening gates and retention of the trees is considered to have acceptable highway safety impact and no harm to the soft landscaping visual quality of the area. The application accords with General Policy 2 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to :

• o Drawing No. 160 date received 15/03/2022
• o Email from the agent dated 30/05/2022 and
• o Drawing No. 161 Rev A
• o 4 x site photographs
• o Drawing No. TS-071221 all date received 30/05/2022 and processed 13/06/2022

_______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The application relates to an existing dwelling and its grounds located within the wider estate of Farmhill, Douglas. PROPOSAL - 2.1 Proposed is the creation of a new access to provide entry into the rear grounds.

2.2 The access is to be located along the southern boundary and at the end of a small culde-sac of a recently approved cluster of housing off Annacur Lane. - 2.3 The proposed access is to be 4m wide and installed with 2m high gates opening inwards. PLANNING HISTORY

3.1 The rear grounds has been subject to a number of recent applications for new

residential development, two most relevant being:

• o 20/01531/B erection of 12 houses - pending appeal
• o 21/01540/B erection of 6 houses - pending consideration

3.2 The proposed estate access for the 20/01531/B application is in the same position of the now proposed access. This application included detail for the protection of nearby trees during the works.

PLANNING POLICY

4.1 The site is designated for predominantly residential use on the Area Plan for the East

1. As such and minded of the nature of this proposal being for access into the rear grounds the most relevant policy is General Policy 2 in assessing the visual and amenity impacts, as well as any highway safety matters.

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Douglas Borough Council - no objections (01/04/2022).

5.2 Department of Infrastructure Highway Services - Do not oppose (14/06/2022) - so long as the gates open inwards. - 5.3 DEFA Ecosystems - comments (14/04/2022) the Manx Wildlife Trusts Preliminary Ecological Appraisal for Bix House dated December 2020 concluded that the likelihood of lizards in the development footprint was low. However, this application includes the removal of a section of sod bank, and it is recommended that care is taken to look out for common lizards throughout the works, and if any are encountered works should stop immediately and advice be sought from DEFA. - 5.4 No comments received from neighbouring properties.

ASSESSMENT

6.1 The works seek the creation of an access into the rear grounds of Bix House for maintenance purposes. The agent indicated that this would reduce the need to go through the main garden of Bix House and also that should the house and grounds ever be sold separately that access into the grounds can still be achieved.

6.2 The access is to be located at the end of a small cul-de-sac where there is likely very low traffic levels. The access is to be formed within an existing sod bank and is to be installed with inwards opening gates as detailed on plan. DOI Highway Services have indicates that they do not oppose so long as the access gates open inwards and a condition to this effect will help to ensure no obstruction to the use of the cul-de-sac road and suitable highway safety maintained. - 6.3 The proposal is not considered to be of such as scale as to warrant any visual concerns, and its level of use is expected to be fairly low given its main purpose is for the general maintenance of the grounds and so it is not expected that its installation will result in any adverse amenity harm to any adjacent neighbours. - 6.4 Additional information in respect of trees has been submitted this detail correlates with that forming part of 20/01531/B. This information clearly shows what trees are in the area and that they are to be retained, and it would be appropriate to add a suitably worded condition to ensure there retention or should any die as a result of the access works that they be replaced with a suitable nature species.

CONCLUSION

7.1 The level of development relating to the creation of an access for the rear grounds is considered to be acceptable subject to two suitably worded conditions relating to the inward opening gates and the retention of the trees and shown on plan. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;

• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 18.08.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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