20 October 2016 · Planning Committee
Andreas Church Hall, Andreas Village, Isle Of Man, IM7 4ez
The proposal seeks approval in principle to demolish a modest single-storey stone church hall in Andreas Village and replace it with three detached dwellings: one single-storey near Mona Cottage and two traditional cottages or 1.5-storey dwellings to the rear.
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The officer concluded that the loss of the church hall is acceptable as it is disused, not of acknowledged architectural merit, and prior approval for nursery use indicates viability issues for commun…
General Policy 2
Presumes in favour of development in Existing Residential zoning if it respects site/surroundings in siting/layout/scale/design, protects amenity/highway safety/ecology/watercourses, and provides safe access. Officer found principle acceptable with conditions addressing these tests, particularly neighbour amenity, trees, access, and character.
Community Policy 3
Permits loss of community facilities if no longer practical/desirable for existing or alternative community use. Hall disused despite nursery approval, not architecturally meritorious, so loss acceptable.
Environment Policy 7
Prohibits harm to watercourses without mitigation; requires identification, pollution measures, phasing, and normally 8m setback. Buildings at least 4m from Main River; Manx Utilities relaxed easement to 4m after liaison, concerns addressed.
Environment Policy 4
Protects wildlife/habitats. Bat survey required by condition pre-demolition; trees possibly providing roosts/food to be retained/protected.
Time limit for commencement
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.
Reserved matters application time limit
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.
Approval of reserved matters (siting, design, appearance, layout, access, landscaping)
Approval of the details of siting of the buildings, the design, external appearance of the building[s], internal layout, means of access including modification of the walling and southern gate post at the front of the site to reduce it to a height not exceeding 1050mm above ground level on the inside of the site, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Access alterations prior to development
No development may commence until such times as the alterations to the access shown in drawing SM14/361/6 and including the lowering of the gate pillars and walls on both sides of the access, to a height not exceeding 1050mm above ground level on the inside of the site, has been undertaken.
Tree survey and protection
Notwithstanding the approval of the layout as shown in drawing SM14/361/6, the development may not adversely affect the health or future of the trees on the site. The application for reserved matters must include an accurate survey of the trees on site, including their canopy and likely root spread and a method statement included to demonstrate that and how the development will be undertaken without damaging the trees either during construction or thereafter. Prior to the commencement of any works, the trees must be protected from damage during building works by the construction of a protective fence beneath the dripline of the canopy, which must be retained throughout the building works and during which time the protected area may not be used for storage or vehicle parking and no excavation or building may take place within it.
Bat survey prior to demolition
Prior to the commencement of any work on the demolition of the existing hall, a survey must be undertaken to ensure that there are no bats present and as would be affected by the works and if there are, the measures which will be taken to avoid disturbance to these animals. This report must be approved by the Department and thereafter the development must be undertaken in accordance with these recommendations.
Traditional design and materials
The buildings on the site must be traditional in design and finish, taking their design influence from Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside, and/or other existing vernacular and characteristic buildings in the village, such as Rectory Cottages opposite, Mona Cottage or Gladwyn.
do not oppose the application
Manx Utilities objected due to easement encroachment and access issues, DEFA Biodiversity recommended a bat survey, Andreas Parish Commissioners initially had no objections and later confirmed no objections to amended plans.
Key concern: development encroaches into 6m wide Manx Utilities easement for 300mm water trunk main
Manx Utilities
ObjectionManx Utilities requires 24 hours unrestricted access to the cables in the public highway
Conditions requested: applicant must contact the Authority; Contact the Manx Utilities Planning Department (Tel. 687781), to discuss the electricity supply; Contact the Manx Utilities Network Operations Department (Tel. 687687) to discuss working practices around cables and overhead lines; Contact the Manx Utilities for Electrical Site Safety 5 documents (Tel. 687766)
Manx Utilities
ObjectionManx Utilities have an easement through the land for the provision of a new 300mm diameter water trunk main (ref. UA004521_502_A); The easement corridor is 6 metres wide – this being the narrowest easement we can work with for a pipe this size; grant us interested party status to the development land, and not our objection to the development as it stands
DEFA Biodiversity
Conditional No ObjectionVictorian village/church halls frequently house bats due to their construction, long-standing nature and potential for small entrance holes in an old structure; brown long-eared bats have been found very closeby and this species favours such buildings for roosting
Conditions requested: bat survey to determine whether bats utilise this structure at suitable periods of the year
Andreas Parish Commissioners
No ObjectionAndreas Parish Commissioners have now considered the above proposed development, and have no objections
Andreas Parish Commissioners
No ObjectionAndreas Parish Commissioners have now considered the above proposed development, and have no objections to the amended plans recently submitted
The original application (15/00145/A) for approval in principle for demolition of the Church Hall and erection of three dwellings with access was granted by the Planning Committee. Neighbour Mr Henry Ballard appealed, arguing against loss of the hall, density, amenity, and inadequate access visibility. The inspector found the application invalid under the Town and Country Planning (Development Procedure) (No 2) Order 2013 as it included demolition, for which no approval in principle provision exists, rendering the decision unlawful. Despite this, the inspector assessed merits positively on loss of hall, amenity, ecology, and access, recommending dismissal if deemed valid but cancellation due to invalidity. The Minister accepted the recommendation, allowed the appeal, cancelled the approval, and refused the application as unlawful. A new valid application excluding 'demolition' was encouraged.
Precedent Value
Demonstrates approval in principle cannot include demolition; applicants must exclude demolition references and seek full/outline permissions accordingly. Highlights need for pre-application validation on procedure; merits can succeed if re-applied validly with evidence on viability/access.
Inspector: Michael Hurley BA DipTP
