Officer Report

Application No.: 18/00172/B Applicant: Simon And Caroline Dunn Proposal: Replacement of existing septic tank with domestic sewage treatment plant Site Address: North Star House West Baldwin Isle of Man IM4 5EZ Case Officer : Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.04.2018 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

Plans/Drawings/Information:

This approval relates to Attachments numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 all date stamped and received 19/02/2018. _______________________________________________________________ Interested Person Status – Additional Persons NONE _____________________________________________________________________________ Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application relates to existing property known as North Star House located on the western side of the West Baldwin Road and adjacent to the junction with the Crosby Ballamodda Road heading east and linking with the East Baldwin Road. - 1.2 The existing property sits on a modest plot and is currently serviced by a septic tank located outside of their curtilage and on the opposite side of the main road alongside and discharging into the River Glass.

2.0 PROPOSAL - 2.1 The current application seeks approval for the installation of a new sewage treatment works system (STW) within the curtilage of North Star House. The system will be located between the existing barn at the boundary wall with the main road. The STW will be installed with a domestic pumping station and a discharge outlet that will seek to discharge in to a tributary located south of the site and under an existing access road heading west toward Ballaquine.

3.0 PLANNING HISTORY - 3.1 The site has been subject to one previously refused planning application for replacement of windows, although this is not considered relevant in the assessment of the current application.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site sits within an area designated as 'wood' on the Braddan Local Plan 1991 Map 1. On the 1982 Development Plan the site also lies within a site designated as woodland and within an Area of High Landscape or Coastal Value and Scenic Significance. - 4.2 While there are no specific policies relevant to the installation of individual domestic STW within the IOM Strategic Plan, due to the location and zoning of this particular site the following policies of the Isle of Man Strategic Plan 2016 are most relevant for consideration in the assessment of the application:- - 4.3 General Policy 3:

Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
• (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
• (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
• (e) location-dependent development in connection with the working of minerals or the provision of necessary services;
• (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
• (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage.

4.4 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 overriding 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."

4.5 Environment Policy 2:

• "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV'S) a s 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: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."
• 4.6 Environment Policy 3:

"Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."

4.7 In addition to EP3 we may also consider Policy 13.3 of the Written Statement Planning Circular 6/91 of the Braddan Local Plan 1991 to be relevant: - 4.8 Policy 13.3 - Braddan Local Plan 1991:

"The rural areas of Braddan Parish District will be designated as being of High Landscape Value. As part of the policy it is essential that the important tree groups and woodland within the Parish will be subject to a maintenance and management scheme which will include underplanting as and where necessary."

5.0 REPRESENTATIONS - 5.1 Braddan Parish Commissioners have no objection to the planning application (09/03/2018). - 5.2 DOI Highway Services indicated no highways interest in the application (16/03/2018). - 5.3 DEFA Fisheries commented on the application on 15/03/2018 requesting a development within 9m of a watercourse form being submitted. On 16/03/2018 DEFA Fisheries indicated that the form had been received and that the applicant had considered suitable precautions to reduce the possibility of harmful materials entering the river and that they had no objection to the development providing that these precautions are followed. DEFA Fisheries advise the applicant to contact them when works are due to commence. - 5.4 The Manx Utilities Authority (MUA) and DEFA Forestry were both consulted on 01/03/2018 regarding the application and given 21 days to provide comments on the application. At the time of writing the report 10/04/2018 no comments had been made or received from either the MUA or DEFA Forestry regarding the application.

6.0 ASSESSMENT - 6.1 While generally the installation of STW are a matter for Building Control Regulations, in the case of this application the main issue to consider in the assessment are the impact of the development on the open space woodland zoning of the site. - 6.2 The existing STW for the dwelling is located along the river bank and within an area of trees which line the River Glass. The proposal seeks to remove this system which is at risk of damage from tree roots and seeks to replace it with a new system within the curtilage of the existing dwelling and within an area not located within proximity to any trees. - 6.3 The proposed arrangement betters the existing by relocating the main system within land owned and control by the applicant. The new system will require a notable length of pipework being installed. The location of which is in front of the existing house and underneath the

• existing driveway. The outlet pipe will fall to the south and run under an existing access road and down into the tributary of the River Glass. There are no trees within the vicinity of the proposed pipework and as such it is not expected that the development will result in the impact of the trees or the designated woodland area.
• 6.4 The application is supported by a number of photographs and a copy of the received discharge licence for the proposed system.

7.0 CONCLUSION - 7.1 Overall, it is considered that the proposal will benefit the existing property and improve on the existing STW arrangement. All the works are to be underground limiting visual impact and the site of the STW and the necessary pipework is a sufficient distance from local trees to ensure no impacts on the designated woodland area as such it is recommended that the application be approved.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 19.04.2018 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.