DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00949/B Applicant: Mr & Mrs Callum Hutchinson Proposal: Erection of retaining wall with associated planting and post and wire fencing in association with PA 20/01434/REM -Erection of new dwelling Site Address: Adjacent To Ballaragh Old Farmhouse Ballaragh Road Ballaragh IM4 7PW Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.11.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Prior to the commencement of the development hereby approved, details of the proposed Line drainage system to manage surface water flows from the landscaped area shall be submitted to and approved in writing by the Department. No part of the development shall be occupied until the agreed line drainage system has been implemented, and thereafter shall be retained as such.

Reason: In order to ensure that adequate drainage facilities are provided, and retained, in the interests of the amenity of the area.

This application has been recommended for approval for the following reason.

The proposal is considered to respect the character of the site and surrounding area, and would not harm the character and quality of the landscape or adversely affect the countryside and its ecology, and therefore comply with Environment Policies 1, 4, and 42, General Policy 2 of the Strategic Plan.

Plans/Drawings/Information;

This approval relates to the submitted documents, Photos and Drawings received on 29.07.2022, and Correspondence received 26 October 2022. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the land to the North of Ballaragh Old Farmhouse, Ballaragh which comprises a parcel of undeveloped land (northern section of site) and a traditional two storey "L-shape" barn (Ballaragh Barn) to the southern section. The site is located to the eastern side of the Ballaragh Road. The ground level of the area is generally characterised as having a steep topography, sloping downwards from the Ballaragh Road in a easterly direction, with views towards the sea. - 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 the barn. To the northern section of the site there is a separate field entrance.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for Erection of retaining wall with associated planting and post and wire fencing in association with PA 20/01434/REM -Erection of new dwelling. - 2.2 The proposed works would involve the following:

• i. Erection of retaining walls that would run along the section of the southern and eastern boundary of the site. This retaining wall which would be 60.3m in perimeter would be 1.5m high, and about 500mm wide (wall and cladding included). This retaining wall which would abut the public right of way to the south and 4m wide field access to the east would be clad in traditionally laid, reclaimed Manx stonework, using the stone from the demolished barn where practicable.
• ii. Wall top to be grassed to tie in with grassed area above to match style of existing walls on site. This planting would be Escallonia/Elder/Gorse or similar approved planting.
• iii. Infilling the land at the rear of the retaining wall with material from site excavation and scrape with new profile created from the infilling. Natural field grass/wildflower would be planted over the infilled land at rear of retaining wall.
• iv. Installation of 1100mm high post and wire fence to be installed on top of retaining wall to guard from falling but allow clear views through and reduce impact as from a distance fence will not be visible.
• v. New screening hedge to be planted above public footpath facing walls (Escallonia, Elder or Gorse). Hedge to be kept to same height as post and wire fence (1100mm high to prevent falling).

2.3 The existing barn within the proposed landscaped area to be demo0lished to enable these works. This is not assessed as part of the application.

2.4 The applicants have to following information on the application form:

• o All alterations to site levels are to be undertaken by utilising material already on site. No excavated earth is to be removed from site as filled areas to use site scape and excavation works required to construct the dwelling. No imported material is to be brought to site. Barn demolition stone to be retained for reuse on walls. Any stone unsuitable for reuse to be used as fill.
• o No trees would be removed or impacted by the development.

- 3.0 PLANNING POLICY

3.1 The application site is within an area not designated for any particular purpose on the Area Plan for the East and as such is completely in the countryside. The site is not within a Conservation Area, Prone to flood risks, or within a Registered tree area, and there are no Registered Trees on site. - 3.2 The Character Appraisal within the Area Plan for the East states the following concerning the area: - 3.3 Landscape Character Area: Laxey (D2)

• 3.3.1 Landscape Strategy "Conserve and enhance:

• a) the character, quality and distinctiveness of this area, with its relatively sparse settlement other than the characteristic settlement of Laxey;
• b) its distinct small-scale field pattern;
• c) its valley bottom woodland along National Glens;
• d) the setting of the various historic and archaeological features within the area."

• 3.3.2 "Key Views

• o Dramatic views to an Upland backdrop to the North and West.
• o Channelled views East and West along the corridor of Laxey Glen.
• o Views to the instantly recognisable Lady Isabella water wheel as a landmark within the area.
• o Panoramic views eastwards across the sea from areas of higher land within the character area."

3.3 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application: - 3.4 The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EP 1 and GP3). However given that the site exists as part of a residential curtilage, it is relevant to consider the general principles guiding development as articulated in General Policy 2 of the Strategic Plan. - 3.5 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." - 3.6 General Policy 2 requires that development:

• (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;

• (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;

• (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;

3.7 Environment Policy 4 seeks to avoid development which would adversely affect protected species and habitats. - 3.8 Environment Policy 42 states that 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. - 3.9 Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character.

- 4.0 PLANNING HISTORY

4.1 The following previous planning applications for the site are considered relevant in the assessment and determination of this application: - 4.2 PA 20/01434/REM for Reserved Matters application in association with PA 20/00894/A for erection of dwelling and extension of residential curtilage. This was refused by the Planning Committee but Approved at Appeal. - 4.3 Approval in principle for the erection of a dwelling - 20/00894/A - APPROVED. This approval relates to the principle of a new dwelling on the current application site. - 4.4 Demolition of existing outbuilding and erection of a detached dwelling with integral garage - 15/00590/B - APPROVED - 4.5 Conversion of existing outbuildings into a dwelling and improvement to existing vehicular access - 14/00809/B - APPROVED

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in a letter dated 12 August 2022. - 5.2 DOI Highways Drainage have advised that surface drainage from the application site should not drain onto the adjacent PROW (26 October 2022).

• 5.2.1 In response to this request, the applicant have indicated via their agent that applicant is willing to install a land drain which would be maintained by the owner of the new dwelling. They state that this could be included as a Planning Condition that surface water must be directed away from the PROW in a land drain and that the drainage system is to be properly maintained (26 October 2022).

5.3 Garff Commissioners have indicated that they have no objection to the planning application. They note that the proposals would not significantly alter the visual impact of the already approved dwelling on the surrounding area. They also note that the intention to use stone from the demolished barn was acceptable. - 5.4 No comments have been received from neighbouring properties.

- 6.0 ASSESSMENT

6.1 The key issues with the proposed works are:

• a. The potential impact on character and quality of the site, and surrounding landscape and area.
• b. Whether there would be any adverse impacts on the living conditions of those in nearby properties, particularly Ballaragh Farmhouse, Ballaragh (to the south);

- 6.2 CHARACTER AND APPEARANCE (EP1, GP 2, STP 3 & EP 42)

• 6.2.1 In relation to the potential visual impact, it is considered that the site is in the countryside, although within a more concentrated area of residential use. EP1 indicates that development which would adversely affect the countryside will not be permitted, thus it is considered that any scheme which would harm the character and quality of the landscape I turn affects the countryside. In the case of the current application, it is considered that the proposed works would not harm the character and quality of the landscape, but enhance the appearance of the site and area, with attendance improvement in the biodiversity for the area consequent on the levels of planting that would be integral to the proposal.
• 6.2.2 It should also be noted that majority of the works would not be readily visible from public views, considering the dense vegetation along sections of the highway and the nature of the site topography which screens views from the highway. Granting there would be views from the abutting PROW, the views here would be read within the context of the wider landscape and steep sloping open fields which characterise the area, as well as the Manx stone walls which form the dominant boundary markers on properties here.
• 6.2.3 Besides, there are visual benefits of the works which would tidy up the rear garden of the property and improve the appearance of the site. The design, size, siting and finish of the various elements of the works are also considered to be in keeping and an appropriate form of development for the site as it would be read in consonance with the new dwelling being established at the site.
• 6.2.4 The works would also create a turfed comfortable outdoor space which would be an added amenity area for the occupants of the existing dwelling, whilst improving the quality of the site environment.

- 6.3 IMPACT ON THE LIVING CONDITIONS OF THOSE IN NEARBY PROPERTY (GP 2)

• 6.3.1 In assessing impacts on neighbours, it is considered that the raised garden area above the retaining wall would offer elevated views towards Ballaragh Farmhouse to the south. However, it should be noted that the site topography is such that the application site already sits at an elevated position relative to this neighbour. Whilst the proposed scheme would considerably alter the existing intervisibility at the boundary between both properties as the height difference would be increased, the proposed hedge planting along the perimeter of the 1100mm high post and wire fence over the new 1.5m high retaining wall would serve to ameliorate any concerns that may arise.
• 6.3.2 It should also be considered that a PROW separates the boundaries of both properties. Moreover, the nature of the locality is such that it is not uncommon for properties to have elevated views from their gardens towards neighbouring properties.

- 6.4 OTHER MATTERS (DRAINAGE)

• 6.4.1 With schemes like this within areas with steep topographies, a key concern lies in the increased potential for the compacted soils to increase run-off within the site with potential to create drainage concerns for the low lying parts of the rear garden and site or low lying neighbouring properties, such as the PROW at the southern boundary. This has been raised by DOI Highways Drainage, with the applicants agreeing to install line drains within the works area to channel any surface water flows that would result or be exacerbated as a result of the development. This will reduce the likelihood for flooding of the PROW or the neighbouring site, as such, it is considered that this makes the proposal conform to parts (c) of General Policy 2 of the Isle of Man Strategic Plan.
• 7.0 CONCLUSION

7.1 For the above reasons, it is concluded that the planning application would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and is recommended for approval. - 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 in Article 4(2) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 09.12.2022 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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