23 March 2020 · Planning Committee
Ballagyr Farm, Ballagyr Lane, Peel, Isle Of Man, IM5 2ad
The proposal is for a new timber-clad managers lodge with three bedrooms, lounge, kitchen, dining room, plus reception, office and store areas, matching the style of existing holiday chalets at the Sunset Lakes trout fishing and tourism complex.
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The principle of a new dwelling is contrary to the development plan and Strategic Policies presuming against development in undesignated areas, but accepted on an exceptional basis due to the function…
Strategic Policy 2 - Priority for new development to identified towns and villages
Directs new development to towns and villages unless exceptional circumstances. Officer found exceptional circumstances due to security needs outweighing this, despite site being outside Peel Local Plan boundary.
Strategic Policy 4
Requires protection/enhancement of landscape and nature conservation, no pollution/disturbance. Proposal accepted with levels condition to avoid prominence and PWMS for ecology.
Spatial Policy 5
New buildings must positively contribute to environment. Matching timber cladding and style of existing chalets ensures acceptable design and appearance.
Strategic Policy 8
Tourist proposals permitted if using existing fabric, no adverse environmental/highway impacts. Supports ancillary accommodation for established tourism site.
Strategic Policy 10
Minimize car journeys, no highway safety impact. Two parking spaces provided (one disabled), Highway Services no objection.
General Policy 3
No development outside zoned areas except overriding national need or countryside interpretation uses. Does not strictly satisfy tests, but exception justified by security needs with removal/occupancy conditions.
Environment Policy 1
Protects countryside unless overriding national need. Security justification considered sufficient despite countryside location.
Environment Policy 2
In High Landscape Value/Scenic Significance area, development must not harm character. Siting amongst buildings, low scale, levels condition ensure no harm.
Environment Policy 4
Protects ecology. PWMS required for common lizard and birds, with enhancements recommended.
Business Policy 14
Tourism in rural areas must comply with GP3 etc. Considered alongside security justification.
Transport Policy 7
Parking per standards. Provided and accepted by Highway Services.
Time limit
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.
Removal if no longer required
In the event that the building hereby approved is no longer required or used for its approved use, as set out in condition 3, it shall be removed from the site within 12 months of its last use, including the removal of any associated foundations and hardstandings, and the ground restored to its former condition unless otherwise approved in writing by the Department. Reason: the site is not designated for development and the justification for the property relates to it being required for security purposes associated with the adjacent tourist and recreation facilities.
Occupancy restriction
The building may be used only as reception and office purposes associated with the adjacent tourism and recreation facilities and the living accommodation may only be occupied by persons employed in association with the adjacent facilities. Reason: the site is not designated for development and an exception is being made on the grounds of the need for on-site security for the adjacent facilities.
Levels approval
Prior to the commencement of any excavation or building works, a plan showing the existing and proposed levels of the site must be approved in writing by the Department and the development undertaken in accordance with these details. Reason: to ensure that the building is established at an appropriate level so as not to be prominent in the landscape.
Precautionary Working Method Statement
The development must be undertaken in full accordance with the Precautionary Working Method Statement dated January 2020. Reason: to accord with Environment Policy 4 of the Strategic Plan.
no objection to the application
DEFA Biodiversity requests a Precautionary Working Method Statement for common lizards and breeding birds with no objection subject to conditions; Highways Division do not oppose; German Parish Commissioners initially requested deferment and later objected due to perceived lack of need for additional accommodation.
Key concern: no requirement for such a large building when there is already an extensive building on the site currently used as a café
DEFA Biodiversity
Conditional No ObjectionA short section of sod bank is proposed for removal to facilitate the access to the new managers lodge and this creates a potential risk to Common Lizards; I request that prior to the commencement of development a Precautionary Working Method Statement (PWMS) for common lizards is produced and submitted to planning for written approval; The Ecosystem Policy Team welcomes the inclusion of new areas of sod bank into the design
Conditions requested: prior to the commencement of development a Precautionary Working Method Statement (PWMS) for common lizards is produced and submitted to planning for written approval; bank removal undertaken in accordance with the approved PWMS; PWMS to take into account potential presence of breeding birds when thinking about timing of works; proposed boundary screening and low level screening planted with Manx native tree species; if planting undertaken on new banks, Manx native species used; areas of refugia such as areas of stone or logs incorporated onto new banks
German Parish Commissioners
ObjectionMy Commissioners object to this application on the grounds that they feel there is no requirement for such a large building when there is already an extensive building on the site currently used as a café; They see no requirement for further accommodation
German Parish Commissioners
No CommentI would be grateful if you would defer this application in order that the Board have an opportunity to comment
Department of Infrastructure (DOI) Highways Division
No ObjectionDo not oppose; DNO on 18.12.19
