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16/00312/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/00312/B Applicant : Alexander & Alex Holt Proposal : Alterations to lake (amendments to PA 14/01005/B) Site Address : The Meadows Port E Chee Tromode Douglas Isle of Man IM2 1EE
Case Officer : Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE SITE 1.1 The application site represents the residential curtilage of The Meadows, Port E Chee, Tromode, Douglas which is in the region of 10.7 acres. The site is located to the south of the Tromode Road and the River Glass, which runs along the entire northern and eastern boundaries of the site. To the south of the site is Port E Chee Meadows and Douglas Rugby Club, with Peel Road beyond. The boundaries to the north, east and south comprises of a significant level and various types of mature and established landscaping.
1.2 The entrance to the site is found at the northern most point of the site, which exits onto a lane which runs to Tromode Road. From the entrance of the site, there is a driveway which runs along the west boundary of the site, approximately 200 metres in a southerly direction. The driveway then turns in an easterly direction for approximately 60 metres where the dwelling/garage block/outbuildings can be found.
1.3 To the east of the driveway and north of the dwelling there appears a large man-made lake. However, in the last few years the lake has dried-up and currently there is no water. The lake makes up approximately half of the area of the application site. Surrounding the lake is an embankment which is approximately two metres higher than the ground levels of the driveway, gardens and the grounds levels around the dwelling.
1.4 Currently, planning application 14/01005 is being implemented for 'Demolition of existing dwelling and outbuildings and erection of a replacement dwelling with detached garage and staff accommodation, re-instatement of lake, erection of boat house and associated landscaping'.
2.0 THE PROPOSAL 2.1 This application seeks approval for alterations to the existing lake (amendments to PA 14/01005/B) by reducing its size.
3.0 PLANNING STATUS 3.1 The application site is located within an area identified as being "An Area of Open Space or Woodland - Private Woodland" under the Douglas Local Plan Order 1998.
3.2 Within the Isle of Man Strategic Plan 2007, the following policies are considered relevant:
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3.3 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."
3.4 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
3.5 General Policy 3, which 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); (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."
4.0 PLANNING HISTORY 4.1 There have been a number of previous planning applications on this site, the following one is considered to be most relevant in the assessment and determination of this application:
4.2 14/01005 - 'Demolition of existing dwelling and outbuildings and erection of a replacement dwelling with detached garage and staff accommodation, re-instatement of lake, erection of boat house and associated landscaping'. APPROVED.
5.0 REPRESENTATIONS 5.1 Highway Services do not oppose this application (received on 07.04.2016).
5.2 The Fisheries Division (DEFA) have no objection to the proposal (received on 01.04.2016) as long as advice and discussions which have been taken place with the applicant's on site visits is undertaken.
6.0 ASSESSMENT 6.1 It is important to consider the site designation and the sites characteristics and its surroundings. The site is not designated for development, being within an area of Private Woodland. The site is also within a semi-rural location rather than being located in an isolated position within the open countryside. Built development exists to the north, east and west of the site. To the immediate south is an agricultural field and beyond Douglas Rugby Clubhouse (single storey building) and sports pitches, which includes ancillary sport structures. Notwithstanding the above permission was granted for the replacement of the dwelling and associated other buildings and development, including alterations of the existing lake, creating a upper and lower lake.
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16/00312/B
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6.2 This proposal would reduce the size of the existing 'upper lake' and require the importation of 1,000m3 of additional off-site material (recycled clay material). The applicants had hoped to try re-instate the lake after it had dried up due to the mill race being closed off by adjoining property and the permeable base of the lake failing. They have explored how best to try overcome the issue of the permeable base of the lake. However, the cost of either lining the whole of the lake or importing puddle clay are 'disproportionately extortionate'. Accordingly, they are proposing to reduce the size of the existing failing lake. The works also include the installation of an open ditch from the existing mill water feed which runs near to the driveway, which is also being moved further into the site away from the north-eastern boundary of the site and of neighbouring properties.
6.3 The proposal has been made in consultation with the Fisheries Division (DEFA) who has no objection to the proposal.
6.4 Overall, it is considered the works form a public view standpoint will be unnoticeable given the site is well screened from all surrounding directions, but also given the works are low level development i.e. below the ground level.
6.5 It is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007), and for the reasons set out in this report,
7.0 RECOMMENDATION 7.1 It is recommended that the application be approved, subject to the conditions.
8.0 PARTY STATUS 8.1 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 (e) The local authority in whose district the land the subject of the application is situated.
Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
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: 22.04.2016
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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C 1. 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.
C 2. The works hereby approved are required to be carried out in accordance with the approved detailed method statement submitted on the 22nd April 2016.
Reason: To provide adequate safeguards for the watercourse and/or its biology.
This approval relates to drawings reference numbers X0005, X0006, P0003, P0005A, P0006, X2003, X2004, P2003 and P2004 all received on 16th March 2016.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 18.05.2016
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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