Officer Report

Application No.: 16/01262/B Applicant: Mr & Mrs Stan Ryzak Proposal: Erection of garden shed and decking Site Address: Thie Dhrynane Maughold Isle of Man IM7 1AS Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site forms part of the residential curtilage of Thie Dhrynane, Maughold, which is located on the eastern side of the Maughold Village and west of Maughold Church. The existing property is a traditional two storey property.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of garden shed and decking to the southeastern corner of the site, located 23 metres to the south-east of the main dwelling house. The garden shed would have an 'L-shaped' footprint with the decked area filling in the 'L shape' to form a square footprint overall. The proposed shed would have a maximum width of 7 metres, a maximum depth of 4.5 metres and a maximum height of 3.1 metres. The floor of the proposed decked area would be set 0.2 metres above ground level. - 2.2 The proposal would replace an existing garden shed and be located adjacent to a green house.

3.0 PLANNING STATUS AND POLICY - 3.1 The site is on land not designated for development but also within an area zoned as High Landscape Value or Costal Value and Scenic Significance under the Isle of Man Development Plan Order 1982. The site is also within Maughold Conservation Area. - 3.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:- - 3.3 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;

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• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

3.4 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential."

3.5 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

4.0 PLANNING HISTORY - 4.1 The previous planning application are considered relevant in the assessment and determination of this application: - 4.2 Extension to side elevation - 11/00103/B - APPROVED - 4.3 Erection of detached garage and loose box/ tack room - 02/02516/B - APPROVED - 4.4 Two storey extension to rear of dwelling - 02/02329/B - APPROVED - 4.5 Replacement of rear side windows - 93/00750/B - REFUSED

5.0 REPRESENTATIONS - 5.1 Garff Parish Commissioners do not oppose (received on 18.11.2016).

6.0 ASSESSMENT - 6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the Conservation Area and the individual property. - 6.2 The Planning Authority has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2007). This policy indicates that development within Conservation Areas will only be permitted if they would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. - 6.3 The proposed building would be nestled between existing buildings within Maughold Village. Furthermore, there is currently mature landscaping along the eastern and southern boundaries of

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the site which would also help in screening the proposed building. Accordingly, distance views of the proposed building would be difficult to achieve. It is also noted the design, height and finish of the building would also be helpful in reducing the visual impact the building may have. Overall, it is considered the proposal would preserve the Conservation Area and be an appropriate form of development within this site.

7.0 RECOMMENDATION - 7.1 Accordingly, proposed summerhouse is considered to be appropriate and it is considered the proposal would preserve the Conservation Area and the individual property and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan 2016.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted

Date of Recommendation:

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The garden shed and decking hereby approved are required to be built off a timber deck on top of the existing ground the details of the construction of which must be approved by the Department prior to the commencement of any works and built thereafter in accordance with these details. Reason: To safeguard the existing trees along the eastern boundary of the site.

This approval relates to drawings reference numbers 2016/44/01 and 2016/44/02 all received on 10th November 2016.

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I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 14.12.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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