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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 20/00894/A Applicant : Mr & Mrs Callum Hutchinson Proposal Approval in principle for the erection of a dwelling Site Address Land North West Of Ballaragh Old Farmhouse Ballaragh Laxey Isle Of Man
Case Officer :
Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 23.09.2020
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Reason: To avoid the accumulation of unimplemented planning approvals.
C 3. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling and no garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval or the reserved matters, shall be carried out, without the separate grant of approval of the Department.
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Reason: To control development in the interests of the visual amenity and the character of the area.
N 1. Wildlife Act 1990. Bats are listed on Schedule 5 of the Wildlife Act 1990. It is an offence to intentionally or recklessly kill, injure or take, or to damage or destroy, or obstruct access to, any structure or place bats use for shelter or protection, or to disturb bats while they occupy a structure or place which they use for that purpose.
All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird."
On the basis of the above it is recommended that the advice be sought from DEFA Ecosystems Team.
This application has been recommended for approval for the following reason. In view of the favourable conclusions set out in respect of the key issues and as the proposal would comply with the extant land use designations and planning policies.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings LP & SP all received on 5th August 2020. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS THE APPLICATION COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL.
1.0 THE SITE 1.1 The application site is the curtilage of the land to the North West of Ballaragh Old Farmhouse, Ballaragh which is partially a parcel of undeveloped land (northern section of site) and part (southern section of site) accommodates a traditional two storey "L-shape" barn (Ballaragh Barn). The site is located to the eastern side of the Ballaragh Road. The ground level of the area is generally characterised as being sloping in nature, sloping downwards from the Ballaragh Road in a easterly direction.
1.2 There is currently a vehicular access to the southern section of the site (barn) which also acts as a Public Footpath which continues and runs immediately past the front elevation of
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the barn. To the northern section of the site there is a separate field gate entrance to the northern part of the site.
1.3 To the north of the site is a recently constructed replacement dwelling Wheatcroft and to the south of the site is Ballaragh Old Farmhouse.
1.4 Views of the sea are possible from the site.
2.0 THE PROPOSAL 2.1 The application seeks approval in principle for the erection of a dwelling. The works also include the extension of the existing field boundaries to allow for a larger residential curtilage. There are no matters to be considered at this stage in terms of siting, design, external appearance of the building, internal layout, means of access, landscaping of the site. These matters would be considered at any future Reserved Matters application.
2.2 The proposal includes the demolition of the existing Ballaragh Barn, which has benefited from approvals to be both converted (2014) and also demolition and replacement with a new dwelling (2015). Whilst no details are provided of the new dwelling the applicant's statement indicated they wish to re-use the stone of the barn for the new dwelling, which they wish to be constructed to a high level of eco efficiency (SAP of at least 95).
2.3 The new extension of the curtilage in an easterly direction would run level to the curtilages of Ballaragh Barn and the residential properties Wheatcroft and Hillside both to the north. Wheatcroft and Hillside have both benefitted from approval to increase their curtilages in the past.
3.0 PLANNING HISTORY 3.1 The previous planning application are considered relevant in the assessment and determination of this application:
3.2 Demolition of existing outbuilding and erection of a detached dwelling with integral garage - 15/00590/B - APPROVED
3.3 Conversion of existing outbuildings into a dwelling and improvement to existing vehicular access - 14/00809/B - APPROVED
4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site consists of two differing land used designations. The northern part is which an area designated as "Proposed Predominately Residential - Area 19" although the rear section of this site is designated as "Open Space" i.e. land where extended curtilage is proposed to be. The southern part of the site is designated as "Predominately Residential" which includes Ballaragh Barn and the land which fronts the barn to the Ballaragh Road. The whole site and the area of Ballaragh is within an area of "High Landscape Value and Scenic Significance" all identified on the Laxey and Lonan Area Plan 2005. The site is not within a Conservation Area.
4.2 It should be noted that under the Modified Draft Area Plan for the East, the site and the whole settlement of Ballaragh is no longer designated as proposed or existing Predominately Residential, but is completely de-designated i.e. countryside. However, given the extant area plan is still the Laxey and Lonan Local Plan it is considered the proposal should be considered against current policy.
4.3 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:-
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4.3 Environment Policy 1 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."
4.4 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as 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."
4.5 General Policy 2 states: "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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
4.6 General Policy 3 states: 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);
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(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.
4.7 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
4.8 Laxey and Lonan Local Plan Order 2005 - L/RES/PR/13 - LAND BETWEEN "WHEATCROFT" AND BALLARAGH OLD FARMHOUSE, BALLARAGH - AREA 19 "4.81 DEVELOPMENT OF TWO TRADITIONAL STYLED NEW DWELLINGS MAY OCCUR ON THIS SITE. DEVELOPMENT PROPOSALS MUST BE ACCOMPANIED BY PROVISIONS FOR OFF ROAD PARKING, TURNING OF VECHUILES WITHIN THE SITE AND LANDSCPAING TO MINIMISE THE IMPACT OF THE NEW BUILDINGS. THE DWELLINGS MUST BE DEIGNSED TO BE DIFFERENT FROM EACH OTHER TO PROPOTE A RANDOM APPEARANCE."
5.0 REPRESENTATIONS 5.1 Highway Services do not object making the following comments (26.08.2020): "It is noted that the access arrangements were upgraded under 14/00809/B and 15/0590/B. Details will be necessary at reserve matters stage for the on-plot pedestrian and vehicular areas, car and bicycle parking, and waste bin storage and collection with consideration for electric vehicle charging points." 5.2 Manx National Heritage make the following comments (24.08.2020): "I write on behalf of Manx National Heritage ('MNH'), whose statutory responsibilities pertaining to the protection of the cultural and natural heritage of the Isle of Man are defined under the terms of the Manx Museum and National Trust Act.
Agricultural buildings that fall into disrepair, such as the one in this planning application, often have the potential to support roosting bats. This application seeks approval for the development of new dwellings which will involve stone barn being demolished.
In order to establish the presence or absence of bats in the existing stone barns we request that, prior to any works being carried out, a bat survey be undertaken and a report submitted to the Planning Department detailing the findings of the survey and any appropriate mitigation required should bats be present.
Bats are listed on Schedule 5 of the Wildlife Act 1990. It is an offence to intentionally or recklessly kill, injure, take, damage, destroy, obstruct access to any structure or place bats use for shelter or protection or to disturb bats while they occupy a structure or place which they use for that purpose."
5.3 Eco System Policy Officer (DEFA) make the following comments (03.09.2020); "A bat & owl survey was undertaken at this barn in August 2014. Though no evidence of bats was found and it was concluded that the barn was not being used by maternity colonies, there is a possibility that bats are using the barn as a hibernation roost or have started using the barn as a maternity roost since this survey was undertaken. Additionally, the report also found that
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the barn was being used by nesting swallows and nesting house sparrows (a Wildlife Act 1990 Schedule 1 species).
Following the Chartered Institute of Ecology and Environmental Management Advice note on the Lifespan of Ecological Reports and Surveys, as the survey and report is more than 3 years old, The Ecosystem Policy Team consider that this bat survey is out of date. https://cieem.net/wp-content/uploads/2019/04/Advice-Note.pdf
Therefore, in order to comply with the Wildlife Act 1990 and Environment Policy 4 of the Isle of Man Strategic Plan 2016, the Ecosystem Policy Team request that a preliminary assessment for roosting bats and nesting birds is undertaken on the barn by a suitably qualified ecologist and a report detailing the findings and recommendations for further survey, be submitted to the Planning Directorate for approval prior to determination of this application. If evidence of bats is found then a bat roost survey should also be undertaken by a licenced bat ecologist and a report detailing the findings, including a mitigation plan for the bats protection during and after the development, should be submitted to the Planning Directorate for approval prior to determination of this application. Mitigation will also be required for any nesting birds.
Bat surveys should be undertaken in line with best practise, as set out in the Bat Conservation Trusts Bat Surveys for Professional Ecologists - Good Practice Guidelines. Bats are listed on Schedule 5 of the Wildlife Act 1990. It is an offence to intentionally or recklessly kill, injure or take, or to damage or destroy, or obstruct access to, any structure or place bats use for shelter or protection, or to disturb bats while they occupy a structure or place which they use for that purpose.
All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird."
6.0 ASSESSMENT 6.1 The main consideration of this application is purely whether it is acceptable for a single dwelling on the site and whether the curtilage extension is acceptable. All other matters would be considered at any future Reserved Matters application.
6.2 As identified within the policy section of this report the site lies partly within an area designated for residential (both existing and proposed/Area 19) and partly outside in an area of High Landscape Value and Scenic Significance which is not designated for development. The indicative siting of the new dwelling would be within Area 19 which is within an area proposed for residential development. Accordingly, in terms of principle the proposal raises no concern and accords with the extant Local Plan and land use designations.
6.3 With regards to the proposed extension of the curtilage, and consequently increase the residential curtilage of the site for any future dwelling, again there are no concerns. It is important to note the character and positions of dwellings within the settlement of Ballaragh. Dwellings run along both sides of the Ballaragh Road and are made up of a variety of sizes, types, designs, ranging from very traditional Manx farm/cottage dwellings through to more modern 1970's/80's properties. Further, consideration should also be given to the projection or setback of a number of properties along the eastern side of the Ballaragh Road where the application site can also be found. There are a number of properties along Ballaragh Road
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which have a similar curtilage and some properties are positioned in a similar setback position as the proposal. Such properties include Cleckheaton, Hillside and Wheatcroft to the northeast and Ballaragh Barn, Ballaragh Old Farm House, Sea Dawn, Gwendra and Thie Eirinagh to the southwest of the site. Essentially, the proposed dwelling curtilage would be located between the neighbouring properties of Hillside/Wheatcroft and Ballaragh Farmhouse/Barn whose curtilage extends to a very similar position to what is being proposed. In terms of the visual impact of this curtilage extension the key view is from the Coast Road which is located below the site to the east. From the Coast Road the site/area is mainly screened from view due to the topography of the land. However, there are views immediately to the east of the site where the topography lowers sufficiently and the site and the area of Ballaragh Barn/site would be apparent. It is from these passing views where the proposed dwelling and curtilage would be most apparent. It should be noted these views look up at the site and are more distant views. A Reserved Matters application would need to consider this view of the site in detail. It is proposed to removed permitted development rights to control the amount of development in the future.
6.4 In addition to the above, it should be noted that representations have been received relating to bats and birds and reference has been made to Environment Policy 4. This policy seeks to protect species and habitats of international, national and local importantance. This proposal is for the erection of a new dwelling and to faciltate this the current barn will need to be demolished. The Wildlife Act dictates that any structures of place which a bat or bird uses for shelter or protection are protected from damage or destruction and it is recommended that the owner/developer contact DEFA Ecosystems team for further information and requirements under the Wildlife Act 1990, and a note is proposed to that effect.
7.0 RECOMMENDATION 7.1 In view of the favourable conclusions set out above in respect of the key issues and as the proposal would comply with the extant land use designations and planning policies it is recommended that the planning application be approved subject to the conditions listed.
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: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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 above 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. __
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 05.10.2020
Signed : S BUTLER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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.
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PLANNING COMMITTEE DECISION 05.10.2020
Application No. : 20/00894/A Applicant : Mr & Mrs Callum Hutchinson Proposal : Approval in principle for the erection of a dwelling Site Address : Land North West Of Ballaragh Old Farmhouse Ballaragh Laxey Isle Of Man
Principal Planner : Mr Chris Balmer
Presenting Officer Mr S Butler
Addendum to the Officer’s Report
The Planning Committee accepted the amended recommendation of the Case Officer:
A late representation was noted from the owner/occupier of 2 Glen View, South Cape, Laxey and the committee decided not to afford them Interested Person Status. A late representation was also noted from the Local Authority.
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