191075

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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00170/B Applicant : Mr Patrick Hughes Proposal : Creation of an additional access to improve site access Site Address : Ballig Farm West Baldwin Isle Of Man IM4 5EU

Planning Officer: Toby Cowell Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 24.07.2024 __

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 development, a detailed soft landscaping scheme shall be submitted to the Department for approval. The landscaping scheme must contain details of new native broadleaved tree planting and areas of low scrub. The works shall be carried out prior to the occupation of the development and undertaken in full accordance with the approved plans. 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. Thereafter, all soft landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure the provision of an appropriate landscape setting to the development and to assist the creation and management of biodiversity.

C 3. Prior to the commencement of development, an Arboricultural Methods Statement incorporating details of tree protection measures for retained trees shall be submitted to the Department for approval. The works shall thereafter be undertaken in full accordance with the approved details.

Reason: To ensure the sufficient protection of retained trees within the site and in the interests of biodiversity.

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This application has been recommended for approval for the following reason. The proposed works are deemed to be acceptable in principle, whilst significantly improving highway safety, without significant detriment to the character and appearance of the immediate streetscene. Whilst the proposals would result in a short to medium loss of biodiversity due to the degree of required tree removal, it s considered that such a loss can be sufficiently compensated by the introduction of replacement tree planting which can be secured by condition/s. The proposals are therefore deemed to comply with General Policies 2 and 3, Environment Policies 1 and 4 and Transport Policy 4 of the Strategic Plan (2016).

Plans/Drawings/Information;

This decision relates to the following approved drawings and documents;

SK01 RevA - Existing and proposed access plan SK02 RevA - Location plan SK03 RevA - Vehicle tracking plan Arboricultural Impact Assessment Tree Data document OTP-020524 - Outline tree protection plan TR-020524 - Tree removal plan TS-200324-rev1 - Tree constraints plan Received 08.05.24 __

Interested Person Status - Additional Persons

None. __

Officer’s Report

1.0 THE SITE 1.1 The application site relates to the existing vehicular access point from Ballig Farm onto West Baldwin Road. A collection of trees and tree groups are noted within the site, all of which have been graded as B and C category trees. The most notable of the trees immediately adjacent to the access is a category B Sycamore tree.

2.0 THE PROPOSAL 2.1 Planning permission is sought for the creation of a new access to serve the farm onto the main road, to the south of the existing access point which would allow for larger vehicles to safely exit and enter the site to and from the south. The existing access would be retained to serve northbound entries and exits.

2.2 The proposals initial sought to widen the existing access to better cater for larger vehicles and to improve visibility. However, the proposals have subsequently been amended to create a separate access in order to safeguard the health of the retained category B Sycamore tree, with additional tree removal still required to facilitate the new access; all of which have been graded as category C.

3.0 PLANNING HISTORY 3.1 The wider farm holding is subject to an extensive planning history, however none of which is considered to be of material relevance to this application.

4.0 PLANNING POLICY

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4.1 The application site is identified on the Area Plan for the East as 'white land' and within an area of countryside that is not designated for development. The site is not within a Conservation Area, whilst a portion of the site is subject to a low risk of surface water flooding.

4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;

Strategic Policy 1 Efficient use of land and resources 5 Design and visual impact

Spatial Policy 5 Development in the countryside in accordance with General Policy 3

General Policy 2 General Development Considerations 3 Exceptions to development in the countryside

Environment Policy 1 Protection of the countryside 4 Protection of species and habitats

Transport Policy 4 Highway safety

5.0 REPRESENTATIONS 5.1 Braddan Parish Commissioners - No objection (01.03.24)

5.2 Ecosystems Policy Team - This development will require the removal of a number of trees (included within a registered tree area) and other vegetation. However, no ecological mitigation has been proposed, meaning that the application will result in a net loss for biodiversity, contrary to Strategic Policy 4 of the Isle of Man Strategic Plan.

Should this application be approved the Ecosystem Policy Team request that a condition is secured for no works to commence unless a soft landscaping plan has been submitted to Planning and approved in writing. The landscaping plan must contain details of new native broadleaved tree planting and areas of low scrub. At least as many trees to be removed should be replanted. The standard condition for the replacement of any tree or shrub which die or become damaged within 5 years from the date of planting, should also be secured. (30.05.24)

5.3 Highways Services - Highway Services HDC has reviewed the updated information for application 24/00170/B dated 8 May 2024 online and comment that HDC still do not oppose the alterations to the access. The angle of view on exit of the proposed access may be worse than the previous submission, but the road is rural and experiences slow and low flows so is a negligible risk. Being further away from the tree with the altered access is likely to make immediate and far visibility better on exit onto the adopted highway compared to the previous submission.

A S109 Highway Agreement will be required for the access tie in with the adopted highway. Please note, that the access tie in works with the adopted highway would need to be constructed with surfacing and sub based suitable for adoption approved by the DOI Highway Inspector, and this might be different to the concrete proposed for the existing and proposed accesses, and web type system proposed for the sub base of the new access. (09.05.24)

5.4 Highways Drainage - Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of

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the Manual for Manx Roads. Recommendation: Applicants to comply with above clause. (13.05.24)

5.5 Forestry Officer - Following on from the meeting with the agents I am content that the measures indicated in the arboricultural impact assessment will adequately mitigate any potential adverse impact to the retained tree. In order to be confident in the outcome, I recommend that an arboricultural methods statement including a detailed tree protection plan is sought prior to commencement of the project. In order to mitigate the removal of several category C trees, I also recommend that a tree planting plan is sought prior to commencement. (01.07.24)

5.6 Manx Utilities Authority - No response received at the time of writing.

6.0 ASSESSMENT 6.1 The site falls outside of a defined settlement boundary within the open countryside where there is a general presumption against new development in accordance with General Policy 3 aside from a number of defined exceptions. This includes building and engineering operations which are essential for the conduct of agricultural and forestry. One the basis that the proposals seek to improve established vehicular access to an agricultural holding and wording farm in the countryside, the principle of development is deemed to comply with this exception.

6.2 The proposals amount to largely minimal engineering works to facilitate a separate vehicular access adjacent to an existing access point, which would only be readily apparent in the site's immediate context along West Baldwin Road. Therefore, the general visual impact of the proposals works is deemed to be fairly localised and such would not result in a substantial impact upon the character and appearance of the immediate locality. That being said, the proposals would necessitate a degree of tree removal to facilitate the works, the loss of which would pose a degree of short to medium term visual impact upon the site's impede setting and interaction with the streetscene, together with the subsequent loss of biodiversity.

6.3 Nevertheless, the tree proposed for removal are of a low category and therefore it is not considered that their retention should be a barrier to development; particularly in the context of improving the site's access and general highway safety. Moreover, should planning permission be forthcoming, it is considered reasonable to require the submission and approval of a detailed landscaping plan outlining compensatory tree planting; the implementation of which overtime would sufficiently mitigate against such tree loss.

6.4 From a highways safety perspective, it is noted that the proposals would result in a clear improvement to the current situation with respect to visibility, and therefore have been duly supported by Highway Services.

7.0 CONCLUSION 7.1 The proposed works are deemed to be acceptable in principle, whilst significantly improving highway safety, without significant detriment to the character and appearance of the immediate streetscene. Whilst the proposals would result in a short to medium loss of biodiversity due to the degree of required tree removal, it s considered that such a loss can be sufficiently compensated by the introduction of replacement tree planting which can be secured by condition/s. The proposals are therefore deemed to comply with General Policies 2 and 3, Environment Policies 1 and 4 and Transport Policy 4 of the Strategic Plan (2016). The application is therefore 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);

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(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 above 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 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: 24.07.2024

Determining officer Signed : C BALMER

Chris Balmer

Principal Planner

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.