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Application No.: 23/00335/A Applicant: Mrs Toni Hackman Proposal: Approval in principle for the erection of a four-bedroom bungalow and hardstand for garage/car port addressing siting, drainage and means of access Site Address: Field 431163 Ballamodha Straight Ballasalla Isle Of Man IM9 3EL Planning Officer: Mr Toby Cowell Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 17.07.2023 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The principle of development, namely the erection of a dwelling on a greenfield site in the countryside, represents an unsustainable form of development that is contrary to the Island's spatial strategy, whilst further resulting in a form of development which would pose a detriment impact upon the character and appearance of its isolated rural location. The proposals are therefore contrary to Spatial Policy 5, Strategic Policy 4, General Policies 2 and 3, Housing Policy 4 and Environment Policy 1 of the Strategic Plan (2016). - R 2. In the absence of sufficient information demonstrating otherwise, the proposals have the potential to result in a detrimental impact upon protected species and the site's biodiversity credentials, contrary to Environment Policy 4 of the Strategic Plan (2016). - R 3. In the absence of sufficient information demonstrating otherwise, the proposals have the potential to result in a detrimental impact upon highway safety, whilst not providing sufficient information with respect to drainage and ensuring there would be no surface water run-off onto the highway. Likewise, the proposals further have the potential to impact upon critical drainage infrastructure passing through the site. The proposals are therefore contrary to Transport Policy 4 and Infrastructure Policy 4 of the Strategic Plan (2016). _______________________________________________________________
_____________________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site relates a parcel of land comprising the central portion of Field no. 431163 and a field access to the west and north-west of the Ballamodha Straight. The field in question appears to be used for the growing of crops and is bounded by a dense wooded area to the immediate east leading up to the main road, with open fields further bounding the site to the north, west and south. A small stable block under the applicant's ownership is located to the immediate south of the existing field access which also provides access to the stables. The access track is circa. 65m in length from its intersection with the main road and entrance to the field, at which point the application site opens out to accommodate the dwelling and associated curtilage.
2.0 THE PROPOSAL - 2.1 Approval in principle is sought for erection of a single detached 4-bedroom dwellinghouse with associated hardstanding for a garage/car port. All matters are reserved aside from the siting, means of access and drainage which are due for consideration. No information has however been provided as to where the dwelling would be sited within the application site itself, and no information has been provided with respect to drainage. Likewise, details of the access with the road are effectively non-existent aside the drawing of a red line, which does not appear to be particularly accurate or realistic.
3.0 PLANNING HISTORY - 3.1 Whilst no planning history exists for the site, it is noted that planning permission was previously granted for the adjacent stable block in 1997 (PA 96/01384/B) which remains in situ adjacent to the proposed access.
4.1 The application site is identified within the Area Plan for the South as forming part of the open countryside, outside of a defined settlement boundary and therefore not zoned for any particular form of development.
4.3 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy
Spatial Policy
General Policy
Environment Policy 1 Protection of the countryside
Community Policy 7 Designing out criminal and anti-social behaviour 11 Prevention for the outbreak and spread of fire
4.4 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
5.1 Malew Parish Commissioners - The Commissioners object as the proposal is contrary to the provisions of the Island of Man Strategic Plan, particularly General Policy 2, Environment Policy 1 & Housing Policy 4. (04.05.23)
5.2 Highways Services - There is insufficient information for Highways Development Control to verify the access arrangements to terms of road safety and network functionality. A field access is unacceptable for a new dwelling. As the means of access is to be addressed, details of the geometric and other characteristics for the access are necessary for approval including width and visibility splays in each direction. These must comply with the criteria set out in the Manual for Manx Roads, as summarised in frequently asked elements are contained within Making a Planning Application - A Guide for Applicants: Supplementary Guidance on Highways Issues.
Refer: https://www.gov.im/media/1375711/manual-for-manx-roads150222.pdf https://www.gov.im/media/1363894/supplementary-guide-on-highways.pdf
Surface water drainage, where necessary, must be contained within the site.
The Applicant is further advised that the changes to the access will require a separate permission from Highways under a s109(A) Highway Agreement after grant of any planning consent. On construction / modification of the vehicular access, the existing road drainage must either be retained or an effective alternative scheme provided at the Applicant's / Developer's expense on a satisfactory arrangement being drawn up and agreed with the Highway Services' Drainage team. Other highway licences and / or temporary traffic management or road closures may be necessary on construction. (28.04.23)
Highways Development Control notes the additional and amended documentation uploaded on 28 April 2023. Unfortunately, there remains insufficient detail for a full application on means of access as well as siting. HDC requires a scaled drawing showing the geometric and technical details for the access to meet the criteria set out in the Manual for Manx Roads as well as other information on siting. (03.05.23)
5.3 Highways drainage - Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. There is insufficient information for the Department to comment
Field 431163 was mapped as marshy grassland in the 1991-1994 Isle of Man Phase 1 habitat survey and it, and some of the surrounding fields, were identified for more detailed survey, as part of a Phase 2 habitat assessment, because of their high conservation value.
The Phase 1 habitat survey also found that marshy grassland covered only 1.94% of the islands land area, and this figure is now thought to be lower because of habitat destruction, it is therefore a rare habitat requiring conservation.
The habitat assessments also recorded Wildlife Act Schedule 7 protected heath and common spotted orchids on the land, as well as a variety of marshy grassland species. It is an offence to intentionally or recklessly pick, uproot or destroy any wild plant included in Schedule 7.
We can see from aerial photographs that since the Phase 1 and 2 habitat surveys, the habitat on the field seems to have been removed, and this is confirmed in the applicants cover statement in which they state that they cleared the land, built stables and then had horses on it. However, this does not mean that the wildlife interest, including Schedule 7 orchids, does not remain and the land could revert if allowed to, but the use of the land for a dwelling would permanently destroy any interest. The applicant seems to be looking for a use for the land now that their horses are no longer around and also states that they wish to make the most of some of the land for wildlife, and so we would suggest that the applicant looks to manage all of land for wildlife. The Ecosystem Policy Team would be happy to give further advice on this.
Development of this land would be contrary to a number policies in the Isle of Man Strategic Plan 2016: Environment Policy 1: 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. - There is no overriding national need for this development.
Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. - The development fulfils none of the exceptional circumstances identified in paragraph 6.3
Strategic Objective 3.3, Environment: (b): To protect, maintain, and enhance the built and natural environment (including biodiversity). (i) To protect the countryside and coastal areas for their own sake.
Strategic Policy 4 (b): To protect or enhance the nature conservation and landscape quality of urban as well as rural areas.
It is therefore our strong recommendation that this application is refused. However, should Planning be minded to approve this application, despite our objection, we request that a Preliminary Ecological Appraisal (PEA), adhering to CIEEM (2017) Guidelines for Preliminary Ecological Appraisal (2nd edition), be undertaken by a suitably qualified ecological consultancy and submitted to Planning prior to determination of this application.
Should the PEA identify that habitats and species are present and will be negatively impacted by the works then additional surveys will be required and a mitigation plan for their protection during and after the development, as well as any necessary avoidance and compensation measures, must be submitted to the Department for written approval prior to the determination of the application. Surveys should be undertaken in line with best practise guidelines.
We request that the survey reports are submitted prior to determination in line with best practise, which is referred to in Section 9.2.4 of the British Standard Biodiversity - Code of Best Practise for Planning and Development (BS 42020:2013). Which states: The presence or absence of protected species, and the extent to which they could be affected by the proposed development, should be established before planning permission is granted; otherwise all material considerations might not have been considered in making the decision. The use of planning conditions to secure ecological surveys after planning permission has been granted should therefore only be applied in exceptional circumstances. (27.04.23)
5.5 Manx National Heritage - We have concerns about the development of this field. The IOM Phase 1 survey of 1991-94 shows that this field was described as marshy grassland which supported Wildlife Act, Schedule 7 plants, namely common spotted and heath orchids.
Although it is unclear if the field would still support the wetland dependant orchids it is recommended that the applicants submit a Preliminary Environmental Assessment of the field. The environmental assessment should inform us of the current ecological value of the site and an assessment, where possible, of the potential to increase biodiversity through re-wetting the area in order to return it to a wet land.
The results of the ecological assessment should be viewed in line with the Isle of Man Strategic Plan: Environment Policy 1: which states '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'. (10.05.23)
5.6 Manx Utilities Authority - Manx Utilities have 2 x critical water trunk mains running through the land of the proposed development that are protected by wayleaves 38/12 and 38/3946, signed in 1965. Understand this is only an approval in principal and there are no accurate drawings to pin down the exact location but it is likely we would object to the development if it remains in its current position in the field. (25.04.23)
5.7 Environmental Protection Unit - With regard to PA 23/00335/A please can the following information be confirmed by the applicant or agent;
Type of foul water treatment and discharge method; Sewage treatment works; If it is connected to a drainage ditch or watercourse a discharge license will be required. Further information including the application form can be found at;
https://www.gov.im/about-the-government/departments/environmentfood-andagriculture/environment-directorate/environmental-protectionunit/river-waterquality/discharge-licenses/
If the discharge is connected to a soak-away; percolation tests will need to be carried out in accordance with Building Regulations.
Septic tank The effluent from a septic tank cannot be discharged into a watercourse. If the discharge is connected to a drainage field/soak-away; percolation tests will need to be carried out in accordance with Building Regulations. (24.04.23)
6.1 The site falls within the open countryside and an area not zoned for any form of development in accordance with the Area Plan for the South. The principle of a new dwelling on greenfield land in the open countryside does not accord with one of the defined exceptions to allowing development in the countryside in accordance with General Policy 3. Whilst it is recognised that new agricultural dwellings may be permitted in the countryside in exceptional circumstances where a real agricultural need has been demonstrated in accordance with Housing Policy 7, the proposals have not been submitted on such a basis.
6.2 Consequently, the principle of development is contrary to the Island's spatial strategy, whereby new development, including residential development, is required to be directed to the Island's existing towns and villages in accordance with Strategic Policy 4 and Housing Policy 4. The proposals therefore, namely the erection of a dwelling on a greenfield plot in the countryside, represent unsustainable development in an isolated location outside of an defined settlement, and therefore cannot be supported in principle. - 6.3 Whilst the application has been submitted 'In Principle' with design not up for consideration, the erection of a dwellinghouse in the middle of an agricultural field would undoubtedly result in a material impact upon the character and appearance of the immediate locality, and in particular in a location which is not zoned for development. Therefore, irrespective of any future design of such a dwelling, the proposals would likely give rise to a detrimental impact upon the immediate area's rural character through the introduction of a built development on an isolated greenfield site in the countryside. The proposals would therefore be further contrary to General Policy 2 and Environment Policy 1, the latter of which seeks to protect the countryside for its own sake. - 6.4 Further concerns have been raised by the Ecosystems Policy Team over the development of a greenfield site of this nature, which could result in the permanent loss of any future wildlife interest of the site. Notwithstanding this, should there have been general support for the principle of development in this location, it has been requested that a preliminary ecological appraisal should be produced and submitted for consideration prior to determination as a minimum to determine whether there is a presence of protected species on the site. This position is further echoed by Manx National Heritage. - 6.5 Additional concerns have been raised by Manx Utilities Authority due to the presence of two critical water trunk mains running through the land that are protected by wayleaves signed in 1985. Had the principle of development been found acceptable in this location, additional
7.1 The principle of a new dwelling in this countryside location would be contrary to the Island's spatial strategy and represents an unsustainable form of development, whilst likely giving rise to a detrimental impact upon the character and appearance of this isolated rural location. Furthermore, insufficient information has been provided to demonstrate that the proposals would not give rise to an adverse impact upon protected species or highway safety, with insufficient information provided with respect to drainage; particularly in the context of ensuring there would be no surface water run-off onto the highway.
7.2 Additional concerns also remain with respect to the presence of two critical water trunk mains running through the site and therefore bring into question whether development of this nature on site would be realistically feasible. The proposals are therefore considered contrary to Spatial Policy 5, Strategic Policy 4, Environment Policies 1 and 4, Housing Policy 4, General Policies 2 and 3 and Transport Policy 4 of the Strategic Plan (2016), and recommended for refusal. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Refused Date: 18.07.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner
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