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The site represents a triangular piece of land situated on the western side of Phildraw Road. The site is shown on the aerial photograph as partly within a wooded area with a square shaped boundary, not contiguous with the triangular shape of the site.
The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Proposed Low Density Housing in Parkland.
There have been no planning applications submitted in respect of this site.
Proposed here is the erection of a timber boarded shed and new access. There is a pedestrian access already available but this is not sufficiently wide to allow vehicular traffic to enter the site.
The shed will be 4m by 2.7m and 2.7m high with a corrugated sheeted roof.
The occupant of Ballavoddan, opposite the site objects to the application, pointing out that the application makes no mention of the summer house which was erected on the site "some months ago" and wonders if the proposed shed is to replace the summer house or be in addition to it - in which case neither would satisfy the provisions of the Town and Country Planning (Permitted Development) Order 2005. She suggests that the appearance of the proposed shed is not appropriate and that this does not meet the requirement of the Order which requires a dark-coloured felt roof. She also expresses concern at the safety of the proposed access which does not appear to have visibility splays and adds that the site is not of a size which justifies a building of the scale proposed. She suggests that the site is not large enough to represent the development of a low density dwelling in a parkland setting, which is what the site is designated for and as such any development is not acceptable in this context.
Dot raise no objection subject to the imposition of conditions requiring the provision of visibility splays of 2m by 36m.
The shed is not the same structure as is presently on site, which is more of a summer house. The Planning Enforcement Officer has been advised of the existence of the summer house and enforcement action is being undertaken. There are some saplings which have been recently planted visible on the site and little or no space in which to plant much else - certainly not enough space to warrant a permanent shed or vehicular access.
The provision of visibility splays required cannot be provided entirely within the defined site and would be likely to necessitate the removal of trees. There are no details of levels which is important as the site would appear to be higher than the road alongside.
The erection of a shed on the site is unwarranted, bearing in mind the size of the site and would represent sporadic development inappropriate for an area which should be characterised by large houses in substantial landscaped grounds.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The owner of Ballavoddan is directly opposite the site and as such should be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 30.04.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
The site is within an area designated as Proposed Low Density Housing in Parkland which promotes the development of large houses standing in their own substantial landscaped grounds. The proposed shed would not be in keeping with this designation. Furthermore, the site is not sufficiently large to warrant the erection of a shed.
The submission does not illustrate how the required visibility splays of 2m by 36m in each direction could be provided and where these would be achieved without significant loss of trees or natural vegetation which contributes positively to the character of the area.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Refused Date : 3/5/08
Signed : [Handwritten signature] Mrs F Mullen Senior Planning Officer
Guy J Thompson The Old Paint Shop Athol Street Port St Mary IM9 5DS
In pursuance of powers granted under the above Act and Order the Department of Local Government and the Environment does hereby REFUSE the following application made on behalf of:
Name: Dr A Shillinglaw Proposal: Erection of shed and creation of access at: Land Opposite Ballavoddan Phildraw Road Ballasalla Isle Of Man
which was considered on 8th May 2008, for the reasons set out below.
Date of Issue: 12th May 2008
Murray House Mount Havelock Douglas
Deputy Secretary to the Planning Committee
This decision was made by the Senior Planning Officer in accordance with the authority delegated to her under Article 3(13) of the Town and Country (Development Procedure) Order 2005.
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