176354

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/00019/B Applicant : Mr & Mrs Trevor Roberts Proposal : Alterations to existing driveway Site Address : Swallows Rest Bayrauyr Road St Marks Ballasalla Isle of Man IM9 3AT

Planning Officer: Miss Lucy Kinrade Photo Taken : 06.03.2019 Site Visit : 20.03.2019 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 12.04.2019 __

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 1 month of the new track hereby approved coming into use the 110m length of the existing track must be soiled over and seeded with upland grass and clover seed (at stated in the email from the applicant dated 25/03/2019) unless otherwise approved in writing by the Department and retained as such thereafter.

Reason: In the interest of visual amenity and to prevent unwarranted development in the countryside.

C 3. The track hereby approved must be finished in loose aggregate material and retained as such thereafter.

Reason: In the interest of visual amenity.

Plans/Drawings/Information:

This application relates to location plan, 1 x drawing at 1:1000 detailing proposal both date stamped and received 09/01/2019, and email and photographs received from applicant dated 25/03/2019.

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Interested Person Status - Additional Persons

none __

Officer’s Report

1.0 THE SITE 1.1 The current application relates to an existing track used in association with dwelling Swallows Rest located on the northern side of the Bayrauyr Road which links St Marks to the Ballamodha straight. The red line indicated on the submitted location plan does not represent the residential curtilage of the dwelling but outlines the land within which the existing track sits. Surrounding both sides of this area is additional land under ownership of the applicant this is outlined blue on the same location plan.

1.2 Entrance into Swallows Rest is currently via a 3.9m wide loose aggregate track running 160m along the boundary with field 434513. The boundary running the full length of the track comprises a mix of trees, hedging and a small ditch.

2.0 PROPOSAL 2.1 The current application proposes the diversion of 110m of the existing track further east into the site. The roadside entrance is to remain unchanged with the diversion proposed to start around 40m into the site. The diverted track is to remain as 3.9m wide and finished in loose aggregate. Its proposed route it to loop eastwards then back in towards the existing hardstanding nearest the property.

2.2 The 110m of the existing track is proposed to be put back to its former condition and seeded with upland grass and clover.

3.0 PLANNING HISTORY 3.1 The existing track was approved under PA 10/00448/B.

4.0 PLANNING POLICY 4.1 The site lies within an area designated on the 1982 Plan as "white land" that is, not designated for development. On the Area Plan for the South 2013 the site is also not designated for development and is recognised as being with the D14 area of the landscape character assessment which states:

"Ballamodha, Earystane and St Marks (D14) - The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities. Key Views: Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons. Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views."

4.2 In terms of Strategic Plan General Policy 3 would usually be the starting point for development in the countryside in which it sets out a number of exceptions to development in the countryside. The issue in this case is that the proposal does not readily fit in to any of those exceptions and is not of agricultural need. The situation at Swallows Rest is that the existing property relies solely on the existing track to gain access to the property and that the current proposal seeks to only re-divert part of this track meaning the status quo of the site remains unchanged. The test of the proposal is therefore likely to fall to the visual impact of its

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re-diversion and while not in accordance with General Policy 2 this policy sets out general standards towards development and includes the following relevant parts:

"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; g) does not affect adversely the amenity of local residents or the character of the locality; i) does not have an unacceptable effect on road safety or traffic flows on the local highways."

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

5.1 Malew Parish Commissioners - No objection (06/02/2019)

5.2 Department of Infrastructure Highways Services - no comments received as of 10/04/2019.

6.0 ASSESSMENT 6.1 The Strategic Plan states that the countryside should be protected for its own sake. The existing track is the only track currently serving the dwelling and at present has limited visual impact due to its parallel positioning running alongside 160m of the tree and vegetation lined boundary. The fundamental issues to consider in the assessment of the application are whether the principle is acceptable and whether there will be any visual impacts or highway safety concerns.

PRINCIPLE 6.2 The original detail for the application (outlined by the applicant in the form) states that the diversion of the track was required as continued flooding from the high water table rendered parts of the track unusable at certain times of the year.

6.3 Access into the site was not achievable on the first site visit, so it was sought that the applicant provided additional detail relating to the issues of flooding in order to establish the need for the proposal. A second site visit was arrange during which the applicant sought to explain that the existing ditch, particularly through the winter months and heavy periods of rain, overfill causing water to flood onto the track and taking with it the loose aggregate and depositing it on the main road. The flooding makes access difficult and causes damage (large potholes) to the track. Photographs of the boggy ditch were provided after the site visit in an email dated 25/03/2019.

6.4 Following a question as to whether there were any nearby watercourses the applicant indicated that in addition to the localised rainwater the water coming into the ditch was also run off from higher land to the north including south Barrule and enters into the ditch towards the northern most point and joins with a ditch running along the road and under the road towards Ballagraingey. It was not raining during the site visit nor had it rained 24 hours previously and it was evident that there was water running along the ditch and that the ground along the track and boundary was marshy and wet.

6.5 The constraints map for the Area Plan for the South (APS) it shows that the property is surrounded by a number of water courses. Local maps (MANNGIS) also show that to the north east of the site runs a watercourse known as Awin Ruy which flows from an area between South Barrule and Stoney Mountain. This watercourse travels southwards connecting with a number of ponds east of Swallows Rest and eventually joining with the Silverburn River and into Castletown harbour. The constraints map of the APS shows that a small watercourse runs alongside Ballagraingey and into the Awin Guy.

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6.6 While no photographs have been provided showing complete flooding of the driveway and the debris run off, it would be reasonable to say given the findings of the site visit, the additional information provided by the applicant, the arrangement and topography of the existing site and ground conditions and the existing ditch, nearby tributaries and watercourses that there was principle accepted for the diversion of the access track away from the ditch.

VISUAL IMPACT 6.7 There are to be no alterations or changes to the existing roadside entrance and aforementioned the proposal will not result in any new access being provided only an existing one being re-diverted and the redundant section being grassed over. From the public highway views are limited due to the height of the roadside boundary hedging and any re-diversion of the track is likely to go unnoticed outside of the land.

6.8 The risk in looping around the wetland and marshy area is that this could result in an adverse spread of development, while the proposed track does extend at most 30m east into the field, the loose aggregate finish remains in keeping with farm tracks often found around the countryside and that the soiling over and re-seeding of the redundant track reverts this back to part of the countryside and on balance there likely to be a negligible visual impact on the wider character and appearance of the countryside.

HIGHWAY SAFETY 6.9 The application does not proposes any changes to the road access or any increases to traffic numbers, therefore no new highway safety issues are expected as a result of the proposal.

7.0 CONCLUSION 7.1 For the above reasons it is considered that the principle of the re-diversion of the existing track is considered acceptable and that finish in loose aggregate and the re-seeding of the redundant access helps to mitigate the wider visual impact on the countryside. The application is recommended for approval subject to suitably worded conditions requiring the soiling over and re-seeding of the 110m redundant track and that the re-diverted track is finished in aggregates and retained thereafter.

8.0 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 Planning Committee 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. __

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

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Decision Made : Permitted

Date : 12.04.2019

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

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.