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Application No.: 13/91169/B Applicant: Jonathon & Annemarie Sykes Proposal: Installation of a gas tank Site Address: Part Of Field 614729 Baldrine Road Baldrine Isle Of Man Case Officer : Mr Edmond Riley Site Visit: 16.10.2013 Expected Decision Level: Officer Delegation
1.0 THE SITE - 1.1 The application site is part of Field 614729, which is located to the southwest of Baldrine Road and opposite the Highfield Drive residential development on the west of Baldrine. A residential dwelling is currently under construction on the application site. The site slopes upwards in a westerly direction and away from the highway.
2.0 THE PROPOSAL - 2.1 Approval is sought for the installation of a bulk storage domestic gas tank, which would be situated in the eastern corner of the application site, approximately 3.0m from the highway (to the northeast) and 3.0m from the application site boundary (to the southeast). The storage tank would measure approximately 2.5m in length at its longest and approximately
3.1 Approval in principle was granted for a new dwelling under planning application 08/01442, and the reserved matters to this application was approved under 11/00195. There have been no other previous applications on the site that are considered to be specifically material in the assessment of the current application. - 4.0 DEVELOPMENT PLAN POLICIES
4.1 The application site is within an Area of High Landscape or Coastal Value and Scenic Significance identified on the Laxey and Locan Area Plan Order (Map No. 2). There are no policies directly relating to this type of development in either the Local or Strategic Plans. However, the thrust of Environment Policies 1 and 2 of the Isle of Man Strategic Plan is considered relevant. It reads: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which
outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
4.3 Environment Policy 2 reads: "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:
5.1 The owner/occupier of "Struie", a dwelling situated opposite and on the other side of the highway, object to the application on grounds that the gas tank would be of visual detriment to neighbours of the under construction dwelling; the letter goes on to state that a position to the rear of that dwelling would be preferable, but that if a technical reason prevents this a condition requiring screening to the gas tank should be attached to an approval. - 5.2 Lonan Parish Commissioners recommend the application be approved. 6.0 ASSESSMENT 6.1 The main issue to consider in the assessment of the application is the visual impact upon the surrounding countryside and neighbouring residential amenity.
6.2 The siting of the tank was of concern since, as the objection letter received from a neighbour identifies, while initially the tank would appear to be well-screened from view by the existing Manx bank, this is to be removed (in part) to enable the creation of a visibility splay for the dwelling currently under construction. As such, the tank would be more visible than might otherwise appear from the submitted plans.
6.3 The agent was contacted to discuss the reasoning behind the siting, and he advised that gas delivery drivers have a legal obligation to be able to view the gas tank from the highway in order to make any delivery of gas. Without evidence to the contrary, this is not disputed. Moreover, the agent accepted, and indicated that the applicants also were of the opinion, that the tank proposed is not especially attractive, nor in keeping with the countryside or the contemporary architecture of the dwelling currently under construction. He further advised that the applicants were likely to screen the tank in some fashion (a trellis or planting, for example) even without a condition requiring this. - 6.4 Rather than leaving the specifics of this screening to a later date, a plan showing the proposed method of screening was requested from the agent. During the course of the application, however, the agent ceased trading and consequently no amended plan was received. - 6.5 This is unfortunate as it would be preferable to assess a defined method of screening prior to the application's determination. However, it is also considered that a condition requiring the submission of a method of screening prior to the tank's installation would be appropriate to attach to any approval that may be forthcoming. - 6.6 With the attachment of a condition requiring the tank be of an olive green colour to be better assimilated in the countryside, the proposal is considered satisfactory. Without these
conditions, the proposal would be considered to have an unacceptable visual impact contrary to Environment Policies 1 and 2.
7.1 For the above reasons, the application is considered to comply with the relevant policies of the Strategic Plan and is therefore recommended for approval. - 8.0 INTERESTED PERSON STATUS
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure) (No2) Order 2013 and Article 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
Recommendation
Recommended Decision: Permitted
Date of Recommendation:
13.08.2014
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
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.
N 1. The proposed screening method should, ideally, be a continuation of the existing and adjacent Manx hedging. Other methods may be appropriate but the applicant is advised to discuss the screening method with the Planning Authority in the first instance.
This approval relates to the plans, date-stamped as having been received 2nd October 2013: P13 277 01 P1, P13 277
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : ……13/8/14……….. Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :………S Corlett Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management
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