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Application No.: 15/01138/A Applicant: Mr Steven Bradshaw Proposal: Approval in principle to demolish existing structures and erection of retaining walls and platform to support a residential dwelling and ancillary accommodation addressing siting, design, external appearance, internal layout, means of access and landscaping Site Address: Traie Menagh Pool Site Traaie Meanagh Drive Port Erin Isle of Man IM9 6LL Case Officer : Miss S E Corlett Expected Decision Level: Planning Committee
1.1 The site is the former outdoor swimming pool which sits at the base of Traie Meanagh Drive which runs in a loop from Spaldrick Promenade. The site sits just above the high water mark. The loop and Promenade provide access to a number of residential properties - Windyridge, The Headlands, Blue Waters, Mannin House, Tinsleys', The Brambles apartments and the vacant commercial units at 2 and 4, Spaldrick Promenade. - 1.2 Traie Meanagh Drive slopes downward towards the sea and the lowest part provides a wide tarmacadam area which provides parking. On the seaward side of this is a self-contained small grassed area owned by Port Erin Commissioners and enclosed by a gated metal fence. - 1.3 The application site includes part of this grassed area as well as the footpath down from Traie Meanagh Drive to the swimming pool and the swimming pool site itself. The footpath is partly owned and managed by the local authority and the lower section leading directly to the swimming pool site, is privately owned by the applicant. The swimming pool still remains in part, the concrete sides and man-made tidal basin still visible from above and further afield from Bradda Glen. Despite not having been actively used for many years, the site has failed to naturalise and is clearly visible, although not particularly prominent, in the coastal panorama. - 1.4 The swimming pool was constructed around 1890 as an open air pool and closed in 1981. The site was used as a fish farm but is presently unused. PLANNING STATUS AND POLICY
2.1 The site lies within an area not designated for a particular use on Area Plan for the South adopted in 2013. It is referred to in the document as follows:
"The general appearance of the former open-air swimming pool would be greatly improved by the clearance of unsightly and redundant fabric or through a sympathetic re-use of the site taking into consideration the constraints including its visual prominence and any impacts on the surrounding wildlife site."
2.2 The site is part of the coastal strip comprising cliffs, paths and brooghs and part of which, including this site, is within the village's proposed Conservation Area. The coastal area is also one of ecological importance (draft). For the purposes of the Landscape Character Appraisal, the site lies within the built up part of the village. However, on the detailed village plan the site lies outside the village boundary. - 2.3 Of relevance is General Policy 3 which sets out where development may be permitted on land not identified as suitable for such. This includes the following which is considered relevant:
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
c) previously developed land which contains a significant amount of buildings; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment".
2.4 Environment Policy 43 states: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normal be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound fabric, rather than its demolition." PLANNING HISTORY
3.1 The most relevant recent application is PA 11/00705/B. This proposed the creation of a marine recreation facility comprising berths for small boats, a hotel, restaurant, shop and manager's apartment. This application was withdrawn prior to a decision being taken, but generated responses which give a guide to the issues which surround the site. These mostly relate to access and parking both during and after construction. These issues were not able to be resolved within the earlier application but have been taken on board by the applicant. THE PROPOSAL - 4.1 Proposed is the construction of a dwelling on the site. The dwelling will have its car parking provided within the grassed area off Traie Meanagh Drive and pedestrian access therefrom down to the site. The basin is to be infilled, grassed over and retaining walls supporting terraces created above. Access to the site is by foot or water. The applicant has discussed this with the harbour authority who considers that promoting use of the Raglan Pier parking and activity around the harbour is in line with the regeneration strategy for the south. Boats will be able to access the channel approaching the site when the water level is a minimum of 1m above the floor of the channel which is approximately 2 hours after low water during the spring tide when the low water is at its lowest. During other tides the channel would be accessible for longer. Passengers will be able to alight via a ladder up the face of the wall as long as there is at least 1m of water in the channel. This means that the site is accessible by boat for a minimum of 16 hours in any 24 hour period.
4.2 Those coming to the site by car will be able to park on the existing on-street parking on the Promenade, Traie Meanagh Drive and then use the existing footpath network on the brooghs and cliffs. The applicant has calculated that there are around 80 on street spaces within 250m of the site (5 in Traie Meanagh Drive, proposed to be increased to 15 in the application, 40 in Spaldrick Drive and 35 on the Promenade). This proposes to take part of the currently grassed area and hard surface this and increase its level such that 15 end on spaces are provided in place of around 7 parallel parks in this part of Traie Meanagh Drive. - 4.3 The application proposes the reservation of a space for emergency vehicles servicing the site. They consider that Traie Meanagh Drive is wide enough to accommodate emergency vehicles and allow the unloading of side cabinets at the head of the footpath whilst still allowing vehicles to pass beside. They calculate that 80 spaces are available around the Raglan Pier. They estimate that the
3.2 to the as yet unadopted Area Plan for the South is not accurate as the plan was adopted in 2013 and reference to the Port Erin Local Plan of 1990 is not relevant. - 4.9 They consider that Environment Policy 11 is relevant which allows coastal development only where it would not increase the risk of flooding on the site or elsewhere, prejudice the introduction of coastal protection and result in the need for additional sea defences although the development is not in conflict with any of these issues. They do not consider that the development is such as to require an Environmental Assessment.
4.10 The development is not considered to have an adverse impact on ecology as the construction works will be timed to avoid interference with basking shark and porpoise activity in the bay. The site is not known to support any protected species although lizards have been seen close to the site and the site is considered suitable to provide lizard habitat. The applicant is aware that lizards are protected under the Wildlife Act 1990 and proposes to keep a watching brief for them during construction and the creation of temporary basking locations which may attract lizards should be avoided. Following completion of the works lizards can be welcomed into the site, particularly to the roof which by its design will provide an opportunity for basking. The applicant also agrees to relocate the campions which are required to be removed which support developing grey moths, to an acceptable receptor site elsewhere.
4.11 Lighting will be provided such that light is not permitted to escape above the horizontal plane and directed down towards the path and steps. A lighting scheme is proposed for the path and steps on the cliff and broogh above the building
REPRESENTATIONS
5.1 Department of Infrastructure Highway Services sought a deferral on 10.11.15. They subsequently commented that they had no issue with the principle of the development although investigations show the proposed parking spaces are partly within the highway see attached map showing highway. Therefore parking spaces need to be positioned further back (24.12.15).
5.2 The applicant has responded, agreeing that part of the new parking encompasses the existing 6 longitudinal bays accommodated by the widening of the road at the lower end, and suggested that this will presumably become highway anyway in the long term as they have always envisaged the parking as becoming part of the highway and not privately owned. They consider that they can see difficulty here and think it simpler for the whole 15 spaces to become highway on completion. The works would be completed in accordance with the standard IOM Highways Specification in any event. They explain that they have currently shown a 6.5m reverse turn/manoeuvring area which is usual practice for roadside parking and the arrangement shown also matches the 6.5m road width to each side of the parking area ( in my area a 5.5m road width is usual with 4.8m bays and a 6m reverse turn facility). They indicate that they can of course increase the road width as existing and move the bays over but this will increase the heights of the retaining walls slightly and of course consumes more common land. They were trying to maintain as much 'green ' area as possible and minimise the hard surfaces (30.12.15).
5.3 Department of Environment, Food and Agriculture Wildlife Division note that a number of Wildlife Act-scheduled species issues have been raised and are confident that these could be dealt with by careful planning if this project goes further. They also note that that this is an application in principle and details of methodology could be ironed out at the detailed stage, but some aspects also refer to demolition, which may occur prior to that. - 5.4 Lizards (Sch 5) - substantial numbers of lizards are known from the brooghs in this area and one of the available records is from the site boundary, at the top of the lowest steps, at the edge of the vegetation and therefore possibly within the site. The applicant refers to a lizard survey to be undertaken by the Manx Wildlife Trust. DEFA is not clear whether this is actually referring to the survey already undertaken by the MWT in 2011 or a new one. The 2011 survey found no lizards within the footprint of the previously proposed building in mid-summer, though they can be difficult to find then as they may not need to bask, but potential habitat was identified. The MWT recommendations included demolition at a time when lizards are active (June to September inclusive). The application states that lizards found on site will be relocated nearby and lizards will be kept out of the site during works: this is acceptable and DEFA does not recommend translocating lizards from shadowed areas outside of the development area, as they will move themselves. - 5.5 They note that the application states that the green roof 'will undoubtedly provide a basking area for lizards' but the plans suggest that the roof will not be connected to the cliff, so I doubt that it will be accessible unless arrangements are made to allow this. - 5.6 Grey moth (Sch 5) - this protected species lives as an egg, caterpillar and then pupa on campions and is only in flight in the May-August period (primarily May-June), when eggs and larvae may nevertheless be present on the plants. They may be present on such plants throughout the year. Another rare species, the podlover, is also found on campions. Campions that show feeding damage and that are to be affected directly by the development (some have been found within the footprint) should be transplanted carefully to a suitable position nearby and adjacent to other campions, in case of failure to establish. They recommend that translocation only be undertaken for plants affected directly (rather than shadowed) as the translocation itself risks the loss of both the plant and its dependent invertebrates.
5.7 Nesting birds (Sch 1 and general bird protection) - demolition and development should be planned to avoid the disturbance of nesting Schedule 1 birds or the destruction of active nests of other bird species via either the closure of nest sites when not in use, timing to avoid nesting periods, or if potentially damaging activities are planned during a nesting period for a relevant species, survey followed by re-planned timing if necessary. - 5.8 Invasive plants (Sch 8) - Any areas of montbretia or three-cornered leek that will be affected/disturbed by the demolition or development should be dealt with in a manner which does not risk spreading them to other locations, which may be an offence. Their destruction is recommended, if appropriate methods are used. - 5.9 Cetacea, basking sharks, seals (Sch 5) - the application states that no explosives will be used to demolish/clear the site. This is welcome. Port Erin Bay is important for marine mammals, particularly the harbour porpoise, which could be impacted by the use of explosives or loud demolition activities. If for any reason the plans need to be amended and work required that could disturb marine mammals, such as the use of explosives, they request that the applicant consult with DEFA to agree methods that minimise the impacts on protected species. - 5.10 Manx National Heritage welcomes the engagement by the applicant with DEFA, Manx Birdlife and the Manx Wildlife Trust and the proposed mitigation of the issues raised. They suggest that particular care should be taken with the choice of plants and vegetation for the proposed roofing, taking into account the likely salt spray and wind attrition and suggest that thrift, sea campion and sheep's bit are likely to be most useful and encourage further liaison with the Manx Wildlife Trust in this respect (30.10.15). - 5.11 Port Erin Commissioners discussed PA15/01138/A Traie Meanagh Pool Site, Traie Meanagh Drive at their meeting on 10th November was broadly supportive of the proposal and has no significant issues with the size and style of the proposed dwelling, a number of concerns were raised and would require consideration and agreement to full support being granted. Those concerns are as follows:
6.1 The issue in this case is whether the site is considered suitable for residential use in terms of visual impact, servicing of the use and the impact on the surrounding area - human neighbours, those using the adjacent paths and roads and the terrestrial and marine ecology.
6.2 The site is not designated for development but there is indication in both the Area Plan for the South and the Strategic Plan that redundant previously developed sites in general, and this in particular, is suitable for redevelopment and that there would be a positive impact from this. It is also relevant that, despite significant objections to the previous scheme for the site, this current proposal has generated neither local objections nor any in principle from any consultative authority. Whilst there have been a number of issues raised, these relate to the detail of the scheme and/or may be accommodated by way of condition to an approval granted in principle. Whilst the application purports to be one in principle but with all of the matters to be determined (ie none reserved for future deliberation), the Committee is at liberty to reserve any or all of the matters of detail for further deliberation, along with any other matters on which they consider insufficient information has been provided in the current application, such as, matters relating to the construction of the project and the maintenance of the footpath.
6.3 The creation of a single dwelling here will result in the lowest form of vehicular traffic of any form with regular or permanent use of the site whilst, as the application has demonstrated, little in the way of visual impact. Whilst vehicular access to and from the site will always be an issue here as direct access to the site is almost impossible, in the case of a single dwelling, the car parking requirement is only two vehicles and resultant comings and goings limited to a single residential unit. With any use of the site there would be comings and goings, the need for deliveries (post) and collections (refuse) and in the case of a single dwelling, this is likely to be significantly less than a commercial, leisure or industrial use of the site. - 6.4 Whilst not the only way in which a dwelling could be built on the site, the plans provided illustrate how a dwelling on the site may look and as shown the proposal will have a minimal visual impact and with potential improvement and enhancement of ecology and appearance. - 6.5 It is recommended that the application should be approved in principle, reserving all matters of design, layout, means of access and requiring further details in the application(s) for reserved matters in respect of construction methodology in respect of the maintenance of the footpath, lighting (during and after construction), the details of car parking provision and future maintenance of this area, disposal/collection of refuse, species and location of new planting, paying particular attention to the recommendations of MNH and DEFA and the timing of works respecting any existing nesting birds and species protected by the Wildlife Act 1990.
7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
Department of Environment, Food and Agriculture Wildlife is part of the same Department as is the planning authority and as such cannot be afforded interested person status.
Manx National Heritage is a statutory authority which has raised material issues and as such should be afforded interested person status.
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.
The Planning Committee approved the application at its meeting of 18th January, 2016, amending condition 5 to include lighting of the footpath.
Recommendation Recommended Decision: Permitted Date of Recommendation: 08.01.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
a detailed description of the timing of the work to avoid damage to nesting birds or lizards or their habitat details of how any campions will be removed from site and to where they will be translocated (removal of campions should be kept to a minimum and should only occur where the plants are directly affected by the proposed building, not just indirect effect through shade) dealing with existing invasive species such as montbretia or three cornered leek the spreading of which is an offence under the Wildlife Act 1990.
REASON: to ensure that the scheme is acceptable in all these areas of material concern.
(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.
N 1. The detailed design should, where possible be physically connected to the cliff side to enable lizards to move from the cliff to the proposed roof.
This approval relates to the location plan, site plan, drawings 01, 1414 51, 1414 52, 1414 53, 1414 54, 1414 55, 1414 56, 1414 57, 1414 58 and 1414 60 all received on 12th October, 2015.
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 : Approved Committee Meeting Date: 18.01.2016
Signed :S E 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).
Signatory to delete as appropriate YES/NO See supplementary report above
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