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18/00901/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00901/B Applicant : Mr Joseph Bromley Proposal : Removal of a sod wall and erection of fencing (retrospective) Site Address : Cronkbane 5 Baldrine Park Baldrine Isle of Man IM4 6DE
Photo Taken : 24.10.2018 Site Visit : 24.10.2018 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 11.03.2019
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
C 1. Within 3 months of this planning permission becoming valid, a soft landscaping scheme to show the planting of hedging on the road-side (east) of the fence, shall be submitted to and approved in writing by the Department. All approved planting and works shall then be carried out in the next available planting season or in accordance with the programme agreed in writing with the Department. Thereafter any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.
Reason: To ensure the provision of an appropriate landscape setting to the development in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
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Interested Person Status - Additional Persons
None
Officer’s Report
THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE OFFICER IS RECOMMENDING APPROVAL AND THE LOCAL AUTHORITY HAS MADE WRITTEN REPRESENTATIONS OBJECTING TO THE APPLICATION ON MATERIAL PLANNING GROUNDS
THE SITE
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18/00901/B
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1.1 The application site is within the domestic curtilage of the property 'Cronkbane' at No.5 Baldrine Park; the dwelling front the highway Baldrine Park which sites above Main Road (A2) and the Manx Electric Railway.
1.2 To the rear of the property is Old Lonan Road, which is a rural track that links Ballamenagh Road and the junction with Main Road. The rear track provides an additional, rear access to the properties that face onto Baldrine Park, but also provides the main access to several properties, including No.8 and No.9 Baldrine Park as well as 'Whistle Bank' and 'Stoney Bank'.
THE PROPOSAL 2.1 The application is seeking retrospective permission for the removal of a sod wall and the erection of a new boundary comprising of 1.35m tall fencing panels, finished in a painted grey.
PLANNING POLICY 3.1 The site is shown on the Laxey and Lonan Local Plan 2005 Lonan Map as being within the local plan area and the property is designated within an Area of Predominantly Residential Use. General Policy 2 applies to proposals that are in accordance with the land-use zoning and states that development will normally be permitted where it: -
(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; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
3.2 Within chapter 8 of the Strategic Plan, paragraph 8.12.1, in relation to extensions to Dwellings in built up areas or sites designated for residential use, it states 'As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general'.
3.3 Planning Circular 1/92 - Manx Hedges states: -
'Agricultural land has been enclosed using Manx hedges, or sod banks, for over 300 years. These hedges not only contribute to the distinctive character of the rural landscape, but also constitute features which are in themselves of interest and attraction...
...Any Manx hedge which makes a positive contribution to public amenity should be retained. This policy will apply in particular to those hedges which bound a public highway (including public footpaths), and those which divide agricultural land from developed land'.
PLANNING HISTORY 4.1 The previous planning applications on this site are not considered to be specifically material in the assessment of the current application. There has, however, also been previous planning applications within the surrounding area that can be viewed as material to the assessment of this current planning application:
o 07/00529/B at 6 Baldrine Park, Baldrine, IM4 6DE for the 'Creation of hard standing and new vehicular access to rear lane' - Approved, 06 August 2007.
4.2 The above planning permission to the neighbouring dwelling immediately to the south/south west was granted on the basis that the case officer considered that the creation of the vehicular access onto the lane would not cause significant harm in terms of highway safety or environmental damage. It also refers to a planning application reference 05/01496/B for the creation of a vehicular access from lane to the rear of 9 Baldrine Park.
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18/00901/B
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4.3 This previous planning application was initially considered and approved on the 07 October 2005, with the initial approval decision notice issued on the 13 October 2005. The planning committee confirmed the approval at review on the 24 November 2005, with the review approval decision notice issued on the 02 December 2005. An appeal against the approval was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 08 May 2006.
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 the letter dated 10 October 2018. The comments continue: -
'There would be no changes to the existing vehicular site access or parking arrangements to the property frontage as a result of the development. The existing rear boundary sod wall would be replaced with new fencing 1.35m in height, and new turf laid on the highway side of the fence to match the adjacent properties. A new pedestrian gate would be erected to the existing rear access. There is no vehicular access to the rear. No new highway issues should arise from the proposals'.
5.2 Garff Commissioners have commented on this application and stated that they object, in the letter dated 13 September 2018. The comments continue: -
'The Commissioners considered this retrospective application in a countryside location.
They were unanimous that the development undertaken has significantly affected the landscape character of this ancient highway.
They note the contents of Planning Circular 1/92 (Manx Hedges) which presumes that Manx hedges will be retained.
The Commissioners object to this unauthorised development and request that the Manx sod hedge is re-instated to maintain the landscape character of this area of Lonan Parish'.
ASSESSMENT 6.1 The application is seeking retrospective permission for the removal of a sod wall and the erection of a new boundary fence. In determining planning applications it is the Department's position that no regard is given to the retrospective nature. Therefore the main points for consideration are the loss of the Manx sod bank and the visual impact of the new fence.
6.2 To the rear of the property is Old Lonan Road, which is a rural track that links Ballamenagh Road and the junction with Main Road. The rear track provides an additional, rear access to the properties that face onto Baldrine Park, but also provides the main access to several properties. Along the sides of this lane are mostly Manx sod banks with accesses/openings and other boundary treatments interspersed throughout. There are already a number of pedestrian and vehicular accesses onto the rear lane. Whilst no planning approval can be found for the majority of these they are most likely lawful given the length of time of their existence.
6.3 General Policy 2 states that proposals should incorporate where possible existing topography and landscape features, particularly trees and sod banks. Planning Circular 1/92 - Manx Hedges also seeks to retain Manx sod banks and walls where possible, but makes particular reference to any Manx hedge which makes a positive contribution to public amenity; it continues by stating 'This policy will apply in particular to those hedges which bound a public highway (including public footpaths), and those which divide agricultural land from developed land'.
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6.4 The Planning Circular 1/92 states that Agricultural land has been enclosed using Manx hedges, or sod banks, for over 300 years. Manx Hedgerow Management Code of best practice was produced by the Department of Environment, Food and Agriculture in January 2010 (Updated: September 2012) as a guide mostly for field boundaries associated with farming activities.
6.5 The proposal itself is to remove the Manx hedge in order to replace it with a boundary comprising of 1.35m tall fencing panels between posts, finished in painted grey. It does not form a secondary part of a wider proposal or seek to establish a new access. Following discussion the applicant also indicated that the proposal would include a laurel hedge on the east side of the fence to mask it from view.
6.6 The applicant has described the sod wall as 'collapsing' 'unsightly' and 'difficult to maintain'. They have stated that it 'affords no privacy or security to the landowner'. The applicant disputes that term sod wall stating that '[the term] is used loosely to describe the boundary, which is a mound of building rubble which has over time become covered with vegetation. The vegetation includes aggressive weeds which have impeded grass growth on the residential lawn to the west'.
6.7 The applicant has provided photographs of the sod wall that show it fully vegetated with grass and supporting yellow Gorse and daffodils. The dispute over whether this constitutes a Manx sod hedge is considered to be unfounded; the use of such hedges is significant in this area generally and there are some along this lane.
6.8 However the dwelling is within an Area of Predominantly Residential Use, which includes the lane and the two properties on the east side of the lane. The application site backs onto the land and then immediately opposite is the residential curtilage for 'Whistle Bank' which has a frontage of approx. 80m that stretches from the side elevation of No.8 to No.2. To the south of 'Whistle Bank' is 'Stoney Bank', which has a frontage of approx. 90m between no.8 and No.16.
6.9 As stated above the planning permission ref: - 07/00529/B, to the neighbouring dwelling immediately to the south/south west, was granted on the basis that the case officer considered that the creation of the vehicular access onto the lane would not cause significant harm in terms of highway safety or environmental damage.
6.10 This lane has a rural character particularly between the properties 'Narradale', to the south entrance of Old Lonan Road, and No.16 Baldrine Park at which point there are properties on both sides of the lane. North of this section, up to the junction with Baldrine Park, the rural character remains, but takes on a more domestic feel. The applicant has also confirmed that they would be happy to introduce planting to the area immediately in front of the fence as mitigation.
6.11 The policy seeks to retain Manx sod hedges to maintain rural character and landscapes, but includes the phrase 'where possible' and references in the circular the enclosure of agricultural land; therefore it doesn't negate the loss of any Manx sod hedge in any form or directly specify that their loss should be exceptional.
6.12 Therefore considering the relative infrequency of the use of this lane, the existing accesses and the previously approved boundary treatments immediately adjacent to the site, the overall harm to the rural character and the wider countryside is considered to be low.
CONCLUSION 7.1 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings. In this respect, the proposal complies with General Policy 2.
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;
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(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.
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 : Refused
Committee Meeting Date: 01.04.2019
Signed : O Gore Presenting Officer
Further to the decision of the Committee an additional report and reason for refusal was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
PLANNING COMMITTEE DECISION 01.04.2019
Application No. :
18/00901/B Applicant : Mr Joseph Bromley Proposal : Removal of a sod wall and erection of fencing (retrospective) Site Address : Cronkbane 5 Baldrine Park Baldrine Isle of Man IM4 6DE
Planning Officer Mr Owen Gore Reporting Officer As above
Addendum to the Officer’s Report
The Planning Committee considered the application at the meeting held on 01/04/2019. The Committee voted against the recommendation made by the officer and instead voted to refuse the
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application on the grounds of public amenity, the urbanisation of a rural area and loss of wildlife habitat.
Reason for Refusal
R 1. The proposed removal of the Manx Sod Hedge and replacement with modern fence panels with concrete posts, fails to incorporate landscape features that make a positive contribution to public amenity and will contribute to the urbanisation of this rural, residential setting. Also the loss of this Manx Sod Hedge will contribute to the potential loss of locally important wildlife habitat on the site. It is therefore considered that development would have a harmful impact on the wider, rural character of this lane and the ecology and character of the countryside in general. The proposal is therefore contrary to General Policy 2 part (c), (d) & (f) of the Isle of Man Strategic Plan 2016 and Planning Circular 1/92 - Manx Hedges.
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