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19/01017/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/01017/B Applicant : Downstream Limited Proposal : Landscaping works to part of field number 320424 (retrospective) Site Address : Sunnybank House West Baldwin Isle Of Man IM4 5HD
Planning Officer: Mr Paul Visigah Photo Taken : 30.09.2019 Site Visit : 30.09.2019 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 21.11.2019 __
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. Within six weeks of the decision becoming final, the details of the fencing to separate the landscaped field from the abutting residential property shall be submitted to and approved in writing by the Department, and within one month of the fencing details being approved by the Department, the fencing shall be fully installed in accordance with the approved details. The fence shall be permanently retained and maintained as such.
Reason: To satisfactorily protect the character and appearance of the area and surrounding countryside.
C 3. The land comprising the application site must remain as open space/agricultural land and shall not be used as part of the residential curtilage of the dwelling named Sunnybank House, West Baldwin or for any other residential purpose.
Reason: For the avoidance of doubt and with a view to protecting the land from inappropriate domestication.
Plans/Drawings/Information;
This approval relates to the Planning Statement, Proposed and Existing Landscape Sketch and drawing number P-01 date stamped and received 11 September 2019. __
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19/01017/B Page 2 of 5
Interested Person Status - Additional Persons
It is recommended that the following Local Authority should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Braddan Parish Commissioners as they do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). __
Officer’s Report
SITE 1.1 The application relates to existing property known as Sunnybank House located on the western side of the West Baldwin Road and adjacent to the junction with the Ballalough Road heading west and linking with Ballalough Farm. The associated property is within a cluster of dwellings located around the junction. The property is bounded by large fields to the south while the West Baldwin Road separates the site from Knock-Ey-Willyn on the east. The River Glass is 120m west of the application site and runs along the boundary with Knock-Ey-Willyn and the adjacent fields to the east of the site.
THE PROPOSAL 2.1 This planning application seeks approval for landscaping works to part of field number 320424.
2.2 The proposed works would include the following;
i. Stripping off the top soil and using the excavated soil to fill up sections of the application site. ii. Addition of topsoil to support seeding on new lawn area and new belt of understorey planting from other sites. iii. Profiling and levelling the site area through a series of cutting and filling and creating an embankment feature at the western section of the garden area: these works will create three terraces within the garden. iv. Creating a wildflower mix area on the western (upper section) of the site, a lawn seeded area at the central area, as well as creating a shrubbery section (consisting of new understorey mix of native species (such as whitehorn, blackhorn, sorbus and alnus) on the eastern boundary; by the line of trees bordering West Baldwin Road.
PLANNING POLICY 3.1 The application site is within an "Area of High Landscape or Coastal Value and Scenic Significance" and also within an area of land not designated for development as identified on the 1982 Development Plan. The site is also visible on the Braddan Local as an area not designated for development. Given the nature of the application it is appropriate to consider Environment Policy 1, Environment Policy 2, General Policy 3 and Environment Policy 15 of the Isle of Man Strategic Plan 2016.
3.2 Environment Policy 1 "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."
3.3 Environmental Policy 2 "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and
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Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
(a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."
3.4 General Policy 3: "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."
4.6 Environment Policy 3: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."
4.7 In addition to EP3 we may also consider Policy 13.3 of the Written Statement Planning Circular 6/91 of the Braddan Local Plan 1991 to be relevant:
4.8 Policy 13.3 - Braddan Local Plan 1991:
"The rural areas of Braddan Parish District will be designated as being of High Landscape Value. As part of the policy it is essential that the important tree groups and woodland within the Parish will be subject to a maintenance and management scheme which will include under-planting as and where necessary."
PLANNING HISTORY 4.1 The application site has been the subject of two previous planning applications, which are not considered to be materially relevant to the assessment of this current planning application.
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 there is no highways interest in the letter dated 3 October 2019.
5.2 DEFA's Arboricultural Officer although consulted on 23 September 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
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5.3 Braddan Parish Commissioners have stated that they object to the application pending further clarification in a letter dated 3 October 2019. The comments:
The Commissioners wish to object to PA19/01017/B due to the following reasons: The Commissioners feel there is a potential breech of Environment Policy 1 with regards protecting the countryside but were unable to define the existing RESIDENTIAL curtilage of the property and therefore submit this objection pending further clarification.
5.4 Marown Parish Commissioners have stated that they have no objection to the application in a letter dated 17 October 2019.
5.5 The agent provided a response on behalf of the applicant on 31 October 2019 on the objection sent in by Braddan Parish Commissioners dated 7 October 2019, stating that;
The Applicant can confirm that it is not their intension to incorporate the application site into the residential curtilage of the house. They have not made an application for a change of use. The applicant has stated in section 9 (a) and (b) of the Planning Form 2.1 (i) that the existing and proposed use of the site is 'agriculture'. The application is for the landscaping works. The design of which reinforces the countryside with the planting of native species of trees and shrubs reinforcing the existing field boundary tree belt, with native species of wildflowers creating a wildflower meadow on the field. Both of these create a better habitat and improved biodiversity on the site, and therefore the Applicant is of the opinion they have not breached Environmental Policy 1.
ASSESSMENT 6.1 The main issues in the consideration of this application are the impact of the development on neighbouring properties and the host dwelling and the impact on character and quality of the surrounding landscape and area.
POTENTIAL IMPACT ON NEIGHBOURING PROPERTIES 6.2 With regards to impact on the neighbouring properties, the development would be 122m from Tillyloss and 123m from Rhynefield (which are the closest dwellings) and as such would not have any noticeable impacts on these dwellings.
POTENTIAL VISUAL IMPACT THE PROPOSALS WOULD HAVE UPON THE COUNTRYSIDE 6.3 In relation to the potential visual impact the main policy to be considered is Environment Policy 2 given the site is within a wider area of High Landscape or Coastal Value and Scenic Significance although within a more concentrated area of residential use. EP2 indicates that development will only be acceptable if the proposal would not harm the character and quality of the landscape; or the location for the development is essential. Considering the above, it is noted that the proposed works would not harm the character and quality of the landscape and as such is deemed acceptable.
6.4 It should also be noted that majority of the works would not be highly visible from public views, considering the thick line of trees bothering the highway and the application site. Public views are generally from within the wider landscape and open fields in the countryside. Notwithstanding this, it is considered that while the works would be apparent, they would be viewed in the wider residential development along Ballalough Road and as such would not have an adverse impact upon the area to such a degree to warrant a refusal.
6.5 DEFINITION OF APPLICATION SITE 6.5.1 The issue of clearly delineating the application site has been raised by the Braddan Parish Commissioners as a factor in need of clarification; an issue which has been addressed by the applicants response. In addition, the comments by the Braddan Commissioners referred to a potential breach of environment policy 1, as it is supposed that the development would not result in protecting the countryside. It is, however, noted that the details of the proposed works show that the development would be a positive contribution to the countryside as native species of trees and shrubs would be propagated by the landscaping works, complying with the conditions
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stipulated by Environment policy 1 which requires that development do not adversely affect the countryside.
6.6 Accordingly, it is considered the proposal would comply with EP 2(a) of the Isle of Man Strategic Plan.
CONCLUSION 7.1 For the above reasons the proposal is considered to comply with GP2 of the Isle of Man Strategic Plan 2016 and therefore recommended for approval.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), 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 (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
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 6(4) who should be given Interested Person Status.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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.
Decision Made : Permitted
Date: 25.11.2019
Determining officer
Signed : S CORLETT Sarah Corlett
Principal Planner
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