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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/00145/A Applicant : Mr Quentin Aulton Proposal : Approval in principle for demolition of existing church hall and erection of three dwellings, addressing means of access Site Address : Andreas Church Hall Andreas Village Isle of Man IM7 4EZ

Case Officer : Miss S E Corlett Photo Taken : 14.09.2016 Site Visit : 15.05.2015 Expected Decision Level : Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE OBJECTIONS WHICH HAVE BEEN RECEIVED

THE SITE 1.1 The site is the curtilage of a church hall situated in Andreas village close to the village shop and the entrance to Kirk Andreas Church. The property has two dwellings very close to it - Mona Cottage to the north and Gladwyn to the east. The building is a modest, single storey structure built in stone. Mona Cottage and Gladwyn are vernacular properties which sit close to the road. Between them is the entrance to the site, formed by distinctive stone walls with the top half built of red brick. The hall is visible but not prominent from the road. Andreas Rectory lies to the south: this is a Registered Building (RB 255).

1.2 The site and existing building abut the rear wall of Gladwyn which appears to be currently unoccupied. A stream runs along the western boundary of the site which is a designated Main River. A small thie veg (outside toilet) sits in the south western corner of the site. Trees overhang the site.

1.3 The access to the site presently affords no visibility in either direction from a point 2.4m back into the site. Added to this, there is no footway in front of the site which means passing traffic is very close to the front of any vehicle emerging from the site. The present access is so narrow that vehicles emerging have to cross onto the other side of the carriageway to turn in either direction.

1.4 Recently the site has been cleared, leaving only vegetation on the boundary with Mona Cottage which is on the neighbour's side of the boundary. This is a single storey property whose rear elevation faces south west, roughly parallel with the boundary wall abutting the application site.

THE PROPOSAL 2.1 Proposed is the principle of the demolition of the hall and the erection of three dwellings in its place. A number of plans have been submitted but the final version which is to be considered, shows three detached buildings, one of which, number 3 which is closest to Mona Cottage will be single storey and two to the rear which will be either two storey traditional cottages or one and a half storey dwellings similar to the Rectory Cottages. Planning approval is required for the demolition of the building as it is attached to another building (Gladwyn) which is not also being demolished (Section 6.1.e.i of the Town & Country Planning Act 1999).

2.2 All of the proposed buildings are at least 4m from the boundary with the stream, which is a designated Main River, and 6m from the boundary with Mona Cottage, in which area there is a

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wayleave associated with the maintenance of the water course. All buildings are outwith the dripline of existing trees on the site.

2.2 Access to the site will be modified, the existing roadside wall being lowered to no higher than 1050mm, effectively removing the brickwork part of the wall and providing visibility splays of around 25m to the nearside kerb, 40m to the other side of the road to the north and around 70m in the other direction if the other pillar is reduced in height (which is not shown on the drawing).

PLANNING STATUS AND POLICY 3.1 The site lies within an area designated as Existing Residential on the Isle of Man Planning Scheme (Development Plan) Order 1982. As such, there is a presumption in favour of development as set out in General Policy 2 of the Strategic Plan which 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 space 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 adverse 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."

3.2 There is also a policy which protects community facilities:

Community Policy 3: "Development (including the change of use of existing premises) which results in the loss of a local community facilities (other than shops and public houses) will only be permitted if it can be demonstrated that it is no longer practical or desirable to use the facility for its existing use or another use likely to benefit the local community."

3.3 Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:

a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;

b) details of pollution and alleviation measures must be submitted;

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c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and

d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."

3.4 The application building is not identified in any published document as being of sufficient interest to Register. The draft Sector Plan for the north east, prepared by the Department of Local Government and Environment in 1990 identified a number of buildings to be considered for Registration, none of which was the application building: the Rectory is identified and is now Registered. The only Conservation Area proposed as part of the document was in Maughold.

PLANNING HISTORY 4.1 Planning approval was granted to the additional use of the hall as day care - PA 08/01601/B.

REPRESENTATIONS 5.1 Andreas Parish Commissioners indicate that they do not oppose the application (23.03.15 and 20.11.15).

5.2 Manx Utilities (electricity) indicate that they should be consulted regarding the provision of electricity to the development (20.02.15). This is not a material planning consideration.

5.3 Department of Environment, Food and Agriculture indicate that it is highly likely that bats, which are protected under the Wildlife Act 1993 will use the building and as such a survey for evidence of this, together with mitigation measures must be undertaken before any development including demolition, is undertaken (12.03.15).

5.4 Department of Infrastructure Highway Services indicate that the parking spaces provided for this development do not meet current standards of 6 x 3.25 metres per car parking space. The standard 6 metre manoeuvrability space in front of the parking spaces is not provided. No visibility splays have been shown from the proposed access onto the Highway nor the horizontal or vertical visibility splays from the proposed access. As this site is changing from a Church Hall to three dwellings visibility splays of 2.4 x 50 metres in accordance with DMR B would be required. (12.03.15).

5.5 The owner of Fiddlers Green which lies to the west of the site expresses concern at the potential impact on the living conditions of their property and would prefer that the existing building is retained and converted (05.03.15). They add that the site is located on a bend and that the dwellings look too small. They also noted that the MUA intends to re-route a water main through the application site (14.11.15). Finally, they reiterate their concern following the submission of the latest plans, commenting that work by Manx Utilities has resulted in the removal of trees which increases the visibility of the site from their property and the opportunity for intervisibility. They also comment that there is an easement strip 6m wide which greatly reduces the area which can be developed and do not feel that the site, with its constraints, is capable of accommodating three dwellings (22.08.16).

5.6 The owner of Mona Cottage expresses concern at the loss of a community facility and at the impact of up to three properties, his preference being for two bungalows with their ridges no higher than the existing hall. He believes that the hall could be renovated for use for far less than is estimated by the applicant (27.02.15). He adds that the dwellings appear to be "crushed" into the site and the access has always been poor but will be in constant use if this application is approved as opposed to the intermittent use when the hall was used. The access does not provide the required visibility in a busy area (12.11.15). This party also expresses concern that the planning officer reporting on the application is related to the applicant's architect. This is not the case and this has been reported back to the party concerned (09.11.15).

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5.7 The owners of Ballaghaue Farm, the Schoolmaster's House (now known as Gladwyn) believe that the existing building has historic value and should be Registered and they do not believe that there is a need for three more dwellings in the village. They would prefer to see the hall repaired rather than left to fall into further disrepair and failing that, it should be offered for sale for its existing use. If permission is granted for redevelopment they wish it noted that Gladwyn shares a sewer which is prone to blockage and as such the new development should have its own sewer. They are concerned that trees on the site may have to be removed to improve light to the new dwellings as well as trees within their land which are not shown on the plans. They are concerned how their gable will be made good after the hall is demolished. They would ask that the shed shown on the plans, which is the original thie veg for the hall should be protected and there are also two large stones which they believe could be gravestones alongside the road and which lie within the proposed visibility splay. They are not impressed with the proposed alterations to the wall to create a better access (06.03.15). They do not consider that the revisions to the application have addressed their concerns in any way and are concerned that even with planning approval the building will remain unsold and unmaintained and reiterate the concerns about a possible family relationship between the reporting planning officer and the applicant's agent (15.11.15). They reiterate their objection following the amended plans, by way of a letter dated 1st September, 2016, stating that they are amazed that the applicant is still trying to squash three dwellings onto the site after realising that there is further reduced land available. Whilst the amendments may address Manx Utilities' concerns, it does not address the concerns of the local objectors. They remain concerned at the impact of the development on the existing mature trees and seek assurance that the Manx Bat Group has been consulted as they have seen many bats within the area. They remain very much against the demolition of an existing, perfectly usable in their view, building and suggests that the applicant stands back and reviews the project and it is their opinion that the building should be repaired and brought back into service to bring a useful income for the church (01.09.16).

5.8 Manx Utilities (Water) advise that they have an easement through the land for the provision of a new 300mm diameter water trunk main. The easement corridor is 6 metres wide - this being the narrowest easement we can work with for a pipe this size. The developers plan shows the main runs under a "stream". This is actually Main River and as such is protected under the Land Drainage Act. They indicate that they have a number of issues with this development:

i. Access to our trunk main and services in the future ii. The development appears to encroach into our easement corridor iii. Development is within 9 metres of main river iv. No contact has been made with ourselves by the designer/owner of the site regarding siting of the properties

They object to the development as it stands (18.11.15).

5.9 Further to this correspondence and following liaison between the applicant and the Authority, MU no longer object to the application, being prepared to relax the designation watercourse corridor with to 4m measured from the top of the watercourse (05.08.16).

ASSESSMENT 6.1 The issues in this case are whether the loss of the church hall is acceptable and whether three dwellings can be satisfactorily accommodated on the site without detrimental impact on the living conditions of those in neighbouring properties, trees, ecology, the adjacent water course, access and the amenities and character of the area.

The loss of the church hall 6.2 Planning approval has already been granted for the additional use of the hall as a nursery facility. Despite this, the hall is clearly not currently used for any purpose.

The impact of development on those in nearby dwellings

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6.3 The development will affect those in Gladwyn and Mona Cottage most directly as these properties abut the site - in the case of Gladwyn the actual building abuts the application building. The separation of the two buildings can only improve the amenities of Gladwyn and arguably the use of the site as residential compared with that of a community hall with larger numbers of people coming and going, sometimes later at night and at weekends could also be argued as beneficial. Whilst the dwellings will be occupied all of the time and the hall used only at certain times, the reduced amount of potential traffic and noise from three dwellings compared with the use as a hall is considered to be acceptable and arguably more neighbourly.

6.4 The specific impact of three dwellings on the living conditions of those in Gladwyn and Mona Cottage is unknown as the details of the properties has not been provided however, it would be perfectly acceptable to attach conditions to any approval requiring the property closest to Mona Cottage to be truly single storey to avoid inter-visibility and feasible for such a dwelling to have no windows looking towards Mona Cottage. As such there would be no direct impact from the erection of a dwelling in this location on the occupants of Mona Cottage. Fiddler's Green is much further away than these two properties and with mature trees separating the sites, it is not considered that this property would be adversely affected by the development.

6.5 Gladwyn has a limited curtilage with no land available at the rear. This is not to change but a significant building which is currently immediately behind the building and attached to it, will be removed and replaced by three buildings further away. How much further away is not clear as the new development will need to steer clear of the root protection areas of the existing trees and as such may be closer to Gladwyn than is shown on the drawings but will still be further away than the existing hall. As such, it is not considered that three dwellings replacing the hall will have any adverse impact on the living conditions of those in Gladwyn.

Impact on trees 6.5 There are significant trees on the site and their canopy spread extends into the site. If this represents the root spread of these trees then this will sterilise that area of the site for building purposes. In any application for reserved matters, there needs to be an accurate survey of the trees, their canopy spread and likely root area and the development designed around this, ideally with advice from a professional arborist. Notwithstanding this, there is a sizeable building on the site and space around it which, it is considered, could accommodate up to three dwellings without adversely affecting the trees either during or after development.

Ecology 6.6 Concern has been raised by neighbours and the Biodiversity Officer regarding the impact of the development on bats which have been seen in the area. The Biodiversity Officer expresses concern that the building may accommodate bats and an appropriate survey to demonstrate this should be undertaken before the building is demolished. This could be achieved by condition. The presence of dwellings is not considered a threat in itself to bat activity particularly if the existing trees are to be retained.

Water course 6.7 The issue with the water course appears to have been addressed and is capable of being accommodated in accordance with the requirements of the water authority (Manx Utilities).

Access 6.8 The position of the site and its access onto the highway, together with the alignment of the road make it difficult to improve the visibility available for those emerging from the site to the standards which would usually be required (2.4m by 50m in each direction). The visibility to the south east could be improved significantly by the lowering of the wall and pillar to the right as one emerges from the site, to satisfy the requirements of the highway authority. The other direction is more difficult due to the alignment of the highway. The reduction of the height of the wall and the pillar will give significant improvements to the visibility to the left as one leaves the site and it is relevant to remember that the site has a use which could generate significant comings and goings. Whilst

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there will be traffic generated from three dwellings, this is unlikely to be greater than that from the existing hall, particularly with the children's day facility which was approved. On balance, the improvements available and the likely amount of traffic to be generated are considered to lead to a positive impact in highway terms.

Amenities and character of the area 6.9 To some extent this will depend very much on the quality and design of the buildings to replace the hall and guidance can certainly be provided through conditions attached to any approval. There is a significant opportunity to take the lead from a range of attractive and distinctive buildings in the area - Mona Cottage, Gladwyn, the Rectory Cottages particularly and which would complement the area and not lead to a detrimental impact on its character. Whilst the change to the access walling is a pity as the mix of stone and brick is distinctive, the benefit in highway terms is considered to outweigh this impact and the return to simply stone is not considered out of keeping given the walling in the surrounding area.

Conclusion 6.10 If the site is not used for its original purpose then it is valid to consider alternative uses. The building itself is not of sufficient acknowledged architectural merit or importance to warrant a refusal on the basis of the loss of the building and there is potential benefit to the occupants of Gladwyn in the separation of the buildings.

6.11 It is often difficult to assess the specific impacts of a development which is only proposed in principle but it is possible to attach conditions to any approval which will secure principles such as the height of the buildings or the safeguarding of trees. In this case it is considered that appropriate conditions could be attached to secure and protect the living conditions of those in neighbouring property, the protection of the trees and ecology of the site and the provision of a safe means of access to the site. As such it is considered that the principle of the erection of three dwellings on this site in place of the hall is acceptable and the application is recommended for approval.

PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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, in this case, Department of Infrastructure Highway Services and Manx Utilities (Water) (e) The local authority in whose district the land the subject of the application is situated.

Manx Utilities (Electricity) do not raise material planning considerations and should not be afforded interested person status.

Department of Environment, Food and Agriculture Forestry is within the same Department as is the Planning Authority and as such cannot have interested person status in this case.

In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

In this instance, it is recommended that the owners of the following properties have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:

Gladwyn

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Fiddler's Green Mona Cottage

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 04.10.2016

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 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.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

C 4. 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.

Reason: In the interests of highway safety.

C 5. 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

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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.

Reason: To protect the existing trees which contribute positively to the amenities of the area and possibly provide roost and food for bats which are protected under the Wildlife Act 1990.

Note: The advice of the Forestry Division of DEFA and the provisions of BS 5837:2012 - trees in relation to design, demolition and construction is recommended.

C 6. 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.

Reason: To accord with Environment Policy 4 of the Strategic Plan.

Note: The advice of DEFA Wildlife Division is strongly recommended in terms of the scope and timing of such a survey and any appropriate mitigation measures.

C 7. 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.

Reason: To preserve the visual character of the area.

This approval relates to drawing SM14/361/6A received on 17th August, 2016.

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: 17.10.2016

Signed : S Corlett Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

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 17.10.2016

Application No. : 15/00145/A Applicant : Mr Quentin Aulton Proposal : Approval in principle for demolition of existing church hall and erection of three dwellings, addressing means of access Site Address : Andreas Church Hall Andreas Village Isle of Man IM7 4EZ

Presenting Officer : S Corlett

Officer’s Report

The Planning Committee approved the application at its meeting of 17th October, 2016 with agreement that the siting of the buildings should not be approved as this is affected by the accurate survey of the site and the position of existing trees and their roots. Condition 3 should be amended accordingly.

Conditions of Approval

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 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.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

C 4. 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.

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Reason: In the interests of highway safety.

C 5. 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.

Reason: To protect the existing trees which contribute positively to the amenities of the area and possibly provide roost and food for bats which are protected under the Wildlife Act 1990.

Note: The advice of the Forestry Division of DEFA and the provisions of BS 5837:2012 - trees in relation to design, demolition and construction is recommended.

C 6. 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.

Reason: To accord with Environment Policy 4 of the Strategic Plan.

Note: The advice of DEFA Wildlife Division is strongly recommended in terms of the scope and timing of such a survey and any appropriate mitigation measures.

C 7. 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.

Reason: To preserve the visual character of the area.

This approval relates to drawing SM14/361/6A received on 17th August, 2016.