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Application No.: 09/00227/B Applicant: Lezayre Parish Commissioners Proposal: Levelling and restoration of land Site Address: Site Adjacent To Lezayre Community Hall Clenagh Road Sulby Isle Of Man IM7 3AB ### Considerations Case Officer : Mr Chris Balmer Photo Taken: 23/03/09 Site Visit: 23/03/09 Expected Decision Level: Senior Planning Officer ### Written Representations 14 St Stephens Meadow Sulby Lezayre Isle Of Man ### Consultations Consultee : Highways Division Notes: Do not oppose. Consultee : Lezayre Parish Commissioners Notes : Consultee : Waste Operations Manager Notes: Waste matters memo sent 24.02.09 PT
SITE The application site forms the curtilage of the site adjacent to Lezayre Community Hall, Clenagh Road, Sulby, located on the eastern side of the Clenagh Road and north-east of the Sulby Crossroads.
The application site is within an area recognised as being an area of 'Community Use', under the Sulby Local Plan. The site is not within a Conservation Area; nor is it within an area zoned as High Landscape or Coastal Value and Scenic Significance.
The previous planning application is considered relevant in the assessment and determination of this application:-
Change of use of land to create children's play area - 00/01578/C - APPROVED Clearance of old nursery site to form car park with boundary wall, rear of Community Hall 94/00806/B - APPROVED
The application seeks approval for the levelling and restoration of land. Commencement of these works has already in part begun, however has not been completed.
The majority of the landfill which has been undertaken, and has gradually raised the level of the land to around 100.100, which is approximately the ground level of the car park, which remains unchanged. The area which to date has not been altered but is proposed to be raised is the hatched section as indicated on drawing 09 0497/3. This section runs to the northern boundary of the site from the existing filled area.
The Highways Division:- "Do not oppose." The owners/occupiers of 14 St Stephens Meadow, Sulby have objected to the application which can be summarised as; work has already commenced; overlooking resulting in a loss of privacy due to works; safety of children; and would withdraw our objections if a suitable fence be erected on the parish land.
Policy 2: 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:
Dealing with the principle of the development, the proposal would level the site, landscaped with grass and planting small shrubs for use by member of the public. The existing site does not add little to the visual appearance of the area nor does it have any real use. The scheme would bring the site back into use, whilst improve the appearance of the site.
The main issue with this application relates to the potential of overlooking, resulting in a loss of privacy over Nr 14 St Stephens Meadow which is approximately 16 metres from the eastern boundary of the application site. The proposal has resulted in the ground level being increased by 0.4 / 0.5 metres, which does give the potential of more overlooking. The boundary treatment shared with the site and Nr 14 St Stephens Meadow consists of a mature hedgerow which varies in height which runs along the entire boundary. From visiting the site it is apparent that the hedgerow screens the majority of the ground floor of the dwellings windows/conservatory and the rear garden, even when stood on the raised section. A condition could be attached for additional landscaping/planting, however, it is considered the hedgerow which exists provides sufficient natural screening and adding such a condition would therefore be inappropriate. Additionally, it is consider the existing hedgerow will continue to grow and provide further screening.
The property most likely to be overlooked from the application site would be Nr 13 St Stephens Meadow, however, the ground level alterations that have been made to the land adjacent to Nr 13 are very minor, and consequently are virtually the same as they levels were before the works. It is therefore considered the level of overlooking to be the same and the works undertaken make no significant difference to the residential amenities of the occupiers of Nr 13 St Stephens Meadow.
It is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007), and for the reasons set out in this report, it is recommended that the application be approved.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Lezayre Parish Commissioners Department of Transport Highways Division
The owners/occupiers of 14 St Stephens Meadow, Sulby
Recommended Decision: Permitted
Date of Recommendation: 03.04.2009
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