Kaz Ryzner Statement of Need

Abigail Morgan Department of Planning and Building Control Murray House Mount Havelock Douglas Isle of Man. IM1 2SF.

23rd September 2016.

Your Reference: PA. 16/00554/B.

Dear Abigail,

Re. : Mr and Mrs Marlow – Ard Ny Mara, Port Soderick, Braddan.

I refer to the above planning application and your email correspondence with Wayne Lewthwaite. From the emails, I am pleased to see that there would appear to be considerable progress with the application and agreement to the various recent changes now proposed as part of this application.

In response to your email dated 12th September 2016, Wayne has requested that I provide you with a short “Statement of Need” in support of our clients’ application together with a further elaboration of on the points I set out in paragraphs 6.14 and 6.17 of my supporting Planning Statement.

Please accept my apologies for not responding earlier but I have only just returned from vacation.

Statement of Need.

1. As background to the current application, you will have noted the significant changes to the previously refused application. The previous application had sought retrospective approval for the retention of building works constructed without the benefit of planning approval and the subject of an enforcement notice. That previous application sought approval for the retention of the unauthorised development principally for use as tourist units.

1. The current proposals seek approval for significant demolition works (already undertaken) to the existing unauthorised buildings and the retention of the remaining structures for the Applicants own private use, details of which are provided on the submitted plans.

1. The various uses to be provided in the retained structures include steam and sauna rooms, games room and offices and are all intended for personal and private use only representing a reasonable level of ancillary residential facilities one would expect to be available for the size of the existing dwelling.

Paragraphs 6.14 and 6.17 of Planning Statement.

1. General Policy 3 (“GP3”) lists those exceptions where development will be permitted outside of those areas zoned for development and paragraph 6.14 confirms the fact that Mr and Mrs Marlow accept that their latest proposals do not comply with GP3.

1. However, of significance is the fact that the current proposals are materially different to those previously refused in that there will no longer be any tourist related development on the property. Furthermore, the buildings to be retained are significantly reduced in size to those previously proposed and the floorspace provided will be used for the Applicants’ personal and private use only.

1. As you are aware under subparagraph (d), Section 10 (4) of the 1999 Town and Country Planning Act there is discretion that can be exercised in support of any planning application that may not necessarily comply with the requirements of the Development Plan. This discretion can be exercised under “all other material considerations”.

1. The Applicants have accepted that they should have received approval prior to the construction of the buildings. However, in exercising a reasonable level of what I consider would represent “sensible discretion” the buildings under consideration can be supported on the basis that;

• the buildings to be retained are sited on the footprint of the previous barns that had to be partly demolished due to storm damage,
• the amended proposals represent a significant reduction in scale to the previously refused proposals,
• the various agreed architectural changes will minimise any impact on the landscape

and

• the Applicants have now demolished significant sections of the unauthorised buildings.

1. The above considerations are referred to in paragraph 6.17 of the supporting Planning Statement and it is respectfully suggested that these fall into the category of other material considerations” that should justify approval being granted for the current application.

I trust the above provides the additional information you are seeking. Please do not hesitate to contact me should you require anything further.

Yours sincerely,

Kaz Ryzner. MRTPI. Chartered Town Planning Consultant.