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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 23/00606/B Applicant : Mr Mark Pearce Proposal : Construction of 3 garages to plots 4 and 5 and foul drainage connection of previously approved and commenced development PA 20/00787/B and PA 19/01324/B Site Address : Field 314758 And 312909 Main Road St Johns Isle Of Man
Planning Officer: Lucy Kinrade Photo Taken : Site Visit :
Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.10.2024 __
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. The construction exclusions zones and protection measures shall be fully installed, implemented and monitored as shown, detailed and annotated on drawing number 0725/PL103 Rev C-12-B and retained for the duration of the construction works approved under this application.
Reason: To ensure that the agreed CEZ areas including tree, hedging and cairn site protection measures are properly implemented, in the interests of preserving and safeguarding ecology, archaeology and soft landscaping of the wider site.
C 3. Prior to the first use of any garage hereby approved the permanent dwelling to which they are to be associated shall be constructed to eaves level.
Reason: To ensure no standalone garages without associated dwelling structures.
C 4. Notwithstanding the indicative detail shown on drawing number 0725/PL103 Rev C-12-B, no approval is granted to any access route to Plot 6.
Reason: For the avoidance of doubt and in the interest of appropriately safeguarding the archaeological remains of the Cairn site. Such access is to be dealt with by condition of 20/00787/B or by separate application.
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C 5. Notwithstanding the access route shown on drawing 0725/PL103 Rev C-12-B no approval is granted to any vehicle access route from A1 Peel Road through field 312711.
Reason: For the avoidance of doubt as this application does not include such works which are dealt with and covered under 20/00787/B only.
C 6. The fencing measures to restrict the movement of construction vehicles relating to the approved development through the Balladoyne Estate shall remain as shown and detailed on drawing number 0725/PL103 C-12-B and retained for the full duration of the construction works hereby approved.
Reason: To align with 20/00787/B in that there shall be no construction access via Balladoyne estate in the interest of highway safety and neighbouring amenity.
C 7. Prior to the commencement of any works in relation to any plot 5 garage, any foul drainage to plot 6 or any rainwater/surface water drainage or soakaways connected to Plot 5 garages, details of a watching brief for all those works should be submitted to and approved in writing by the Department.
This information shall include (but not limited to) details of suitably appointed persons, detail of extent of groundworks proposed, method of how groundworks will be undertaken on site, any protective measures including any construction exclusions zones, details of what will happen in the event any archaeological or other feature of interest is found and method of recording. The works shall only be carried out in full accordance with the watching brief details approved.
Reason: The garage and drainage works to plot 6, including surface water drains and soakaway to the garages comes in very close proximity to the cairn site and archaeological remains/features and is required in order to ensure suitable protection of the archaeological remains/features and to ensure works are supervised by a suitably qualified archaeologist.
This application has been recommended for approval for the following reason. The application is considered to be acceptable subject to conditions relating to the watching brief and CEZ's to best ensure meeting with the tests of Strategic Policy 4, Environment Policies 40 and 41, and Environment Policy 4 in protection of the cairn and ecology. The design of the garages is considered to have acceptable visual and neighbouring amenity impact in line with General Policy 2 and has been provided with sufficient information to demonstrate drainage and accepted by Manx Utilities and within bounds of section 11.8 of IOM Strategic Plan.
Plans/Drawings/Information; This approval relates to the following documents, information and drawings dated and titled online as part of this application and under the following headings:
Application Details (APL) o DWG No. 0725/PL600 - as titled online as "600 Existing Site Layout" o DWG No. 0725/BR4/PL602 - as titled online as "602 Proposed Garage to Plot 4" o MP Associates Covering Letter dated 14th May 2023 - titled online as "Cover Letter and Drawing Register"
Amendments (AMD) o Dwg 0725-PL103 Rev C-12-B Proposed Site Layout 09 Sep 24 o Dwg 0725-PL601 Rev A Proposed Plot 5 Garage 29 Jan 24 o Dwg 601A Proposed Garage to Plot 05 29 Jan 24 o Email from agent received dated 08/01/2024 - titled online as "Officers Notice to Amended Additional Detail and Covering Email Specified Consultees 29 Jan 24" o MP Associates Covering Letter dated 21st March 2024 - titled online as "Officers Notice to Amended Additional Plans and Covering Letters Emails 26 Mar 24"
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o MP Associates Covering letter dated 18th August 2024 - titled online as "Officers Notice to Amended Plans and Cover Letter Specified Consultee 06 Sep 24"
Additional Documents (ADD) o Wardell Armstrong Archaeological Evaluation Report August 2021 - titled online as "Archaeological Evaluation Report Dated Aug 21 29 Jan 24" o Dwg 0725-101-C Drainage Details 21 Mar 24
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Interested Person Status
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations: o Manx National Heritage
It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions these do not relate to planning considerations: o Manx Utilities
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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 4(2): o The owners of Balladoyne Farm - as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
1.0 THE SITE 1.1 The site relates to an irregularly shaped parcel of land in St Johns, sitting on the southern side of the main road and between St John's Primary School and the Balladoyne residential estate. The site was approved at appeal under 20/00787/B for "full approval for three dwellings on plots 2,4 and 6 with drainage, access and landscaping and Approval in principle for two dwellings on plots 1 and 3 addressing siting, landscaping drainage and means of access". This application was subject to a number of conditions including the need for reserved matters for plots 1 and 3 to be provided (which has now been approved under 23/00569/REM) and a number of conditions relating to tree protection, archaeological matters and two conditions specifically restricting access to plot 6 to ensure no adverse or undue harm to the protected Cairn site. These conditions are referenced in full at section 3.0.
1.2 Plots 2 and 6 were approved with garages as part of 20/00787/B and 23/00569/REM approved with garages to plots 1 and 3.
1.3 Plots 4 and 5 remain without garages (Plot 5 dwelling was approved under 19/01324/B).
PROPOSAL 2.1 Approval is now sought for the erection of garages to Plot's 4 and 5, and changes to the drainage beyond 20/00787/B only.
One Garage - (plot 4):
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2.2 Proposed is a triple garage measuring 9m long x 7m wide and approx. 2.7 eaves and 6m central ridge. This garage is proposed to be finished in painted render and natural slate roof. Three roof lights are proposed on one side of roof slope. There is a single door and window to ground floor on each end gable.
Two Garages - (plot 5): 2.3 Proposed is two garages; o a triple garage measuring 9m long x 7m wide and with similar 2.4m eaves and 5.7m ridge. o a triple garage with a canopy attached measuring in total approx. 13.35m long x 7m wide approx. 2.4m to eaves and 5.7m to central ridge.
2.4 Both are to be finished in white render and with natural slate roof. Part of the car port is proposed to be enclosed in timber cladding. Three roof lights are proposed on the smaller garage and one single door and window.
2.5 Drainage is now shown as running towards the west of the site through Plot 1 and connecting with manhole 9701.
3.0 PLANNING HISTORY 3.1 The site and its surrounds have been subject to a number of previous applications. The most relevant in this case being PA's 23/00569/REM, 20/00787/B and 19/01324/B. The applications were approved subject to a number of conditions ranging from archaeology, tree protection, ecology, drainage details and access (including construction access). PA 20/00787/B also included two specific conditions explicitly requiring different access and drainage details to be provided for plot 6 in order to protect the archaeological cairn site.
3.2 Conditions of 20/00787/B (in part): o C3. The development works hereby approved, including any clearance or preparatory work shall be undertaken in accordance with the submitted 'Written Scheme of Investigation for Archaeological Evaluation' prepared by Wardell Armstrong dated February 2021. Reason: To ensure that archaeological remains and features are adequately recorded and protected and the works are suitably supervised by a qualified archaeologist.
o C4. Prior to commencement of any works relating to the drainage within the lane hereby approved, an Arboricultural Method Statement shall be submitted and approved in writing by the Department providing details of the following: a) Technical details of how the proposed protection measures will be implemented along the lane b) A method statement for the installation of the foul drainage connection along the lane c) `An Arboricultural Monitoring Programme (AMP) providing a schedule of a monitoring and reporting programme of on-site supervision and checks of compliance on all arboricultural matters relating to the installation of drainage within the lane. The AMP shall include as a minimum who shall conduct such monitoring and supervision, and a written and photographic record shall be submitted to the Department at scheduled intervals in accordance with the approved AMP.
Reason: To ensure that retained trees along the lane are adequately protected during the construction process, in the interests of preserving these existing landscape features and the amenity they provide to the area.
o C5. The tree protection measures shall be fully installed, implemented and monitored as described in the Tree Protection Plan (drawing number 0725/PL104 Rev A) and the approved Arboricultural Method Statement required by condition 4.
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Reason: To ensure that the agreed tree protection measures are properly implemented, in the interests of preserving the amenity retained trees provide to the area.
o C18. Prior to commencement of any works relating to the temporary construction access technical details of how the proposed tree root protection system will be implemented and installed shall be submitted and approved in writing by the Department and shall include information of monitoring and evidence of its completion. Reason: To ensure that retained trees along the temporary construction access are adequately protected during the construction process, in the interests of preserving these existing landscape features and the amenity they provide to the area.
o C19. Notwithstanding the detail shown on drawing number 0725/PL103 Rev H, there shall be no access or drainage services constructed to Plot 6 between the Cairn Site and the northern boundary with No. 8 Balladoyne Estate. Reason: In the interest of appropriately safeguarding the archaeological remains of the Cairn Site.
o C20. No access or drainage services shall be constructed to Plot 6 until alternative access details have been approved in writing by the Department and Plot 6 shall not be occupied until access and drainage services have been provided in full accordance with the approved details and retained as such thereafter. Reason: To ensure that sufficient construction detail is provided for any access (including footpaths) and drainage services to Plot 6 in the interest of appropriately safeguarding the archaeological remains of the Cairn Site.
3.3 Conditions of 19/01324/B (in part): o C2. No site clearance, preparatory work or development shall take place until a programme of archaeological work and a written scheme of investigation, to include excavations where required and suitable protection measures, has been submitted to and approved in writing by the Department. The programme shall indicate the degree of supervision by a qualified archaeologist. The development shall not be carried out unless in full accordance with the programme of archaeological work so approved. Reason: To ensure that archaeological remains and features are adequately recorded and protected.
o C3. No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees (a tree protection plan) and the appropriate working methods (an arboricultural method statement) are prepared in accordance with British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction - Recommendations) and approved in writing by the Department. The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without the prior written consent of the Department. Any retained tree which within five years of the approved development being occupied or completed (whichever is the later) dies, is removed or becomes seriously damaged or diseased, shall be replaced by a tree of similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be first agreed in writing with the Department. Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period in the interests of amenity.
o C4. No development, site works or clearance shall be commenced until full details of any temporary construction access are first submitted to and approved in writing by the Department. Such details shall include visibility splays, HGV usability and swept path analysis, means of enclosure, surface materials, provision of wheel wash facilities, a programme of works including timing and method of implementation, removal of boundary hedging and a
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remediation scheme for the removal of the temporary access. Any temporary construction access works shall be carried out in accordance with the approved details and maintained for the duration of the development works with no obstruction to visibility splays greater than 1.05 metres above adjoining road level. The temporary construction access shall be removed and the land restored to open space in accordance with the approved timing and scheme of remediation and retained thereafter. Reason: To ensure that any construction access is provided without compromise to the free flow of traffic or highway safety, and to ensure its proper removal and return of the land to open space.
3.4 Other applications considered material: o 21/00365/A - Approval in principle for the erection of 1 detached bungalow addressing means of access - approved subject to a number of reserved matters conditions. o 20/00245/B - creation of new vehicular entrance and construction route from the A1 across field 312711 - APPROVED with conditions for its temporary period only and tree protection. o 19/01324/B - Erection of a detached dwelling - Approved subject to conditions o 15/00345/A - Approval in principle for a temporary access road for constructions traffic through field 312711 - Approved but not implemented and now expired
PLANNING STATUS AND POLICY 4.1 The site is designated as 'residential' on the St Johns Local Plan and within Development Brief Area 1. The site is within an area of archaeological importance and there is a recognised cairn on the site. Part of the proposed site is also within the proposed conservation area. A high voltage power cable runs through part of the site and there are two routes of disused railway line nearby.
4.2 IOM Strategic Plan relevant policies: o Strategic Policy 2 - development directed to existing centres o Strategic Policy 4 - protect fabric and setting of ancient monuments o Strategic Policy 5 - positive contribution o Strategic Policy 10 - promote integrated network o Spatial Policy 3 - St Johns recognised as service village o General Policy 2 - general development standards o Environment Policy 4 - protect habitats o Environment Policies 40 and 41 and surrounding paragraphs - protect archaeology sites o Housing Policy 6 - development in accordance with design briefs for that site o Transport Policies 2, 3, 4, 7 - designed in accordance to highway standards and make suitable provision for pedestrian and cycle routes linking to existing systems and not compromising the attraction of existing railway routes or their potential as public transport facility o Energy Policy 2 - high tension power cables o Section 11.8 Drainage - All new development must be capable of being drained of foul and surface water in a safe, convenient, and environmentally acceptable manner. Drainage masterplans are required for large scale developments.
4.3 St Johns Local Plan o OS/P/1 and OS/P/2 - recognised the contribution of the openness of the fields along the road affording views of Slieau Whallian and the setting of Tynwald Hill and that such open space is to be protected o Res/P/1 - development design brief for area 1
4.4 The Residential Design Guide contains advice on how best to assess impact in terms of visual and neighbouring amenity and can be used alongside those standards listed in General Policy 2. It would also be mindful to have regard to the Permitted Development Order which
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includes Class 17 for the erection of a private garage within the curtilage of a dwellinghouse subject to conditions.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 German Commissioners - No Objection (11/04/2024) - initially objection was received July 2023 with concerns for part site not in the applicants ownership, however most recent comments following recirculation of plans confirmed no objection.
5.2 Department of Infrastructure Highway Services - Do not oppose (14/06/2023 and 02/04/2024) - no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider installing an electric vehicle charging point to aid net zero objectives.
5.3 DEFA Ecosystems - comments on (18/07/2023 and 24/10/2023) - part of the works fall within a tree protection area and seek details on a hedge which is to be protected, an updated tree planting plan may also be required. Also indicate that potentially part of the construction exclusion zone below plot 5 on the tree protection plan from 20/00787/B also being disturbed.
5.4 Manx Utilities (MU) - initial comments in 2023 expressed concern that the drainage proposal did not meet the standards required for Manx sewers for adoption requirements.
5.4.1 There was then correspondence between MU and the agent around 01/03/2024 in which planning was copied where MU outlined that there was still a number of omissions which they would expect to see in the full drainage submission, revised drawings were circulated and correspondence with MU dated 04/06/2024 stating the positioning of road gulleys is for DOI highways to comment on, Building Control must approve the use of soakaways and any pumping systems for the plots, and these approvals should be provided to Manx Utilities if seeking any public adoption for the sewers.
5.4.2 Further drawings were circulated for comment and updated comments were received from MU on 08/08/2024 stating:
o Manx Utilities have discussed the proposed wastewater drainage arrangements for this application with the applicant and have agreed that the proposals are acceptable as indicated on drawing 0725/PL103 Rev C12. o The applicant should enter a section 8 adoption agreement for public adoption of wastewater sewers before starting work. o Finished floor levels of the plots must be confirmed to ensure proper drainage; private pumps may be needed if gravity connection isn't possible. Building Control applications should include individual plot drainage details. o Surface water from impermeable areas will drain to private soakaways, these soakaways will not be adopted by Manx Utilities. o No surface water discharges are allowed into foul or combined drainage systems. o Manx Utilities did not review the road drainage location or sizing in respect of flow paths in the event of heavy rain periods as there are no surface water sewers to be considered for public adoption.
5.5 Manx National Heritage - comments and suggested condition (23/09/2024) o The Wardell Armstrong archaeological report from 2021 was submitted in support of the application in January. o The application involves constructing 3 garages on Plots 4 and 5 and connecting foul drainage for previously approved developments.
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o Concerns were raised about potential archaeological impacts from the garages and drainage on Plot 5, which are near identified archaeological features. o An archaeological watching brief during groundworks is recommended and should be a condition of approval, with notice given to MNH for inspection. o The proposed works for Plot 4 are not considered to pose any archaeological risk.
5.6 Comments were also sought from the following but no response received as of 05/08/2024: o DEFA Registered Building's and conservation officer
5.7 The owners of Balladoyne Farm and field 312909 (residing at Struan Beg, Lower Foxdale) - comments including images, maps and copy of previous applications (30/06/2023, 12/10/2023, 19/10/2023, 29/04/2024) o Conditions of 20/00787/B have not been discharged o Issues from proposed development with access to plot 6 o Proposal conflicts with the conditions of 20/00787/B and undermines the archaeological remains of the cairn o Development is within a construction exclusion zone o Provided a marked up plan overlay of proposed works coupled with planning history, protection areas and cairn site. o Landownership issues with plot 1 and how western boundary is shown on plan o The works require deep excavation and they would like a copy of method and safety statement o They question how the proposal can be an adoptable gravity system due to the levels across the site and the proposed system o Once connections are complete there are no access corridors for maintenance in the legal agreements.
6.0 ASSESSMENT 6.1 The principle of residential development has been established through the previous approvals on the site. Whilst there are some levels of works for garages allowed under permitted development order 2019 (PDO) within the curtilage of a dwellinghouses (subject to conditions) the dwellings at this site are not complete and so the PDO is not applicable yet, nevertheless the size and number of garages would be beyond the PDO limitations and would require an application. As part of such and being mindful that this application is a standalone application for garages and drainage only, that in any event it would be applicable to action conditions linking their development only alongside or after the main dwelling is built to avoid culmination of standalone garage structures without any associated dwelling.
6.2 The application is for the erection of garages to Plot's 4 and 5, and changes to the drainage beyond 20/00787/B only and no other works are being considered. The key matters to consider in the assessment of this application therefore are:
Garages: i. Visual Impact ii. Neighbouring amenity impact iii. Impact the cairn site iv. Impact on future access/development of plot 6 v. Impact on Ecology
Drainage: vi. any amenity impacts vii. any impacts on the cairn site viii. impact on ecology
6.3 GARAGES
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i) Visual Impact 6.3.1 The proposed garages are a little bigger than others approved elsewhere within the site but are of an overall style, size, material finish and design which is fairly typical of such garage structures and are considered in this case to be visually in-keeping with the remaining garages and dwellings approved elsewhere in the site.
ii) Neighbouring Amenity Impact 6.3.2 The siting of the proposed works are not considered to result in any overbearing or amenity impact on neighbouring living conditions.
iii) Impact on cairn site 6.3.3 Garage at Plot 4 is not considered to result in any impact on the cairn due to its distance away.
6.3.4 The two garages at Plot 5 sit much closer to the cairn site. Looking at the August 2021 results of the archaeological survey it indicates that there are potential archaeological features on the cairn site matching the GeoQuest Survey 2005 and also potential features stretching further northeast of the cairn. Manx National Heritage have commented on the application stating that there is no risk posed by Plot 4 but that the proximity of Plot 5's garages do pose some risk and they have required a watching brief by condition in order to best mitigate any adverse archaeological impact.
iv) Impact on future access/development of plot 6 6.3.5 Conditions of 20/00787/B have not yet been satisfied in relation to gaining access into plot 6 which was prevented north of the cairn, and so the construction of garages south of the cairn before satisfying those conditions may appear premature and potentially blocking off any access into plot 6.
6.3.6 The proposed garages to plot 5 would sit south of the cairn and in close proximity. The archaeological survey results show presence of archaeological features at the cairn site and some features running south east of the cairn stretching northwards towards the boundary at the rear of No. 8 Balladoyne estate. Due to the proximity and risk to the cairn MNH have requested a condition for a watching brief.
6.3.7 During a phone call with the agent it was explained that the proximity of the garages to the archaeological cairn site that the position and any development of the garages to Plot 5 could compromise and block access into Plot 6 and it was suggested that they resolve the access matters first through the conditions of 20/00787/B or by separate application. The agent accepted that the building of the garages could potentially block access into plot 6 on the southern side, and said that they have undertaken more excavations works and now believe they can gain access north of the cairn and this was outlined in their letter dated 18/08/2024.
6.3.8 Access to plot 6 is not a matter to be considered as part of this application, only the garages for plots 4 and 5 and drainage. Part (k) of GP2 states that development should "not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan" the development of the garages at plot 5 may sterilise and prejudice plot 6 but the applicant (who is also the agent) has accepted this in this circumstance. As of 01/10/2024 the situation remains that the applicant/agent has accepted the watching brief condition and that the proposed works may compromise access into Plot 6 in the future.
iv) Impact on Ecology 6.3.9 This application has now been provided with its own tree and ecology protection plan indicating construction exclusions zones. The works under this application must be taken in accordance with this plan.
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6.3.10 When looking at the garaging works, Plot 4 comes closest to the hedging on northern side but no removal of the hedging is being sought as part of the application and the exclusion zoning will help best to ensure its long term protection throughout the development works and its contribution to ecology as well as the soft landscaping to Plot 4 and the wider site.
6.3.11 Cross referencing the current construction exclusion zone (CEZ) with that submitted for 20/00787/B there are some conflicts, these show a reduced area around the cairn (more so archaeology than ecology protection) and parts of drainage soakaways now encroaching into CEZ areas previously covered under 20/00787/B. The drainage and soak away matters will be covered in below paragraphs, and those differences in the CEZ cairn area will at the very least protect the geo-survey cairn location and its immediate surrounds will be monitored and safeguarded through the separate watching brief.
6.4 DRAINAGE
i. any amenity impacts 6.4.1 The scheme includes foul drainage and soakaways. The foul route has been accepted by MU. They have highlighted that a separate section 8 adoption agreement for waste water sewers should be entered into before works start. Until such a time the foul and surface water systems would remain as private and to be maintained by individuals within the site or perhaps a management company. Any un-adopted system is not the responsibility for MU and so any system issues would be a private matter to overcome. Finished floor levels of the plots must be confirmed to ensure proper drainage; private pumps may be needed if gravity connection isn't possible. Building Control applications should include individual plot drainage details, they also stated that surface water from impermeable areas will drain to private soakaways and these soakaways will not be adopted by Manx Utilities. No surface water discharges are allowed into foul or combined drainage systems.
ii. any impacts on the cairn site 6.4.2 Part of the foul and surface water systems comes within close proximity to the cairn, similar to the garage matters, these works in close proximity pose risk and MNH have suggested a suitably worded condition for a watching brief to best ensure archaeology matters of interest are safeguarded and not unacceptably impacted as a result of any works.
iii. impact on ecology 6.4.3 Most of the route for the foul drainage runs through the internal private road, wrapping two lengths of Plot 1 and running the southern boundary of Field 312711 towards MH9701. Aforementioned, there are parts of the foul drainage close to and within CEZ areas previously protected under 20/00787/B, the CEZ for this application addresses this. Minded of the level of work for the foul route required within field 312711 there needs to be some digging down and works associated and the CEZ for this application is considered acceptable for the specific works seeking approval under it. Of course the CEZ of 20/00787/B remains relevant for the works approved under that application. 6.4.4 Further to the above, there are also now a number of changes to surface water soakaways, again MU have indicated these are not to be adopted. Again some of these soakaways go into CEZ areas of 20/00787/B but similarly for the level of works sought under this application and the associated CEZ they're considered to be acceptable for the purpose of installing the soakaways and connecting pipe routes. Those works approved under 20/00787/B shall still be carried out in accordance with the CEZ approved for that application.
7.0 CONCLUSION 7.1 This application relates to garaging and drainage works only.
7.2 The proposed garages, while slightly larger than others on the site, maintain a typical design and are visually compatible with dwellings and garages already approved. None are not expected to adversely affect neighbouring amenities and the garage at Plot 4 is adequately
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distanced to not impact the archaeological cairn site. However, the garages at Plot 5, being located closer to the cairn, pose a risk to the archaeological cairn features and as such a watching brief from Manx National Heritage has been suggested by condition. The applicant/agent has accepted the condition and that the construction of those garages to Plot 5 could also compromise and block potential entry into plot 6. The application includes CEZ details covering archaeology and ecology specific to the works proposed under this application. Some of the soakaways and the garage at plot 4 come close to boundary vegetation, the CEZ's areas shown best help to safeguard ecology as part of this application and are accepted in this specific case. Works approved under 20/00787/B still need to adhere to the CEZ approved as part of that application. The CEZ over the cairn in addition to the watching brief in this case will ensure monitoring of any works relating to the Plot 5 garages and foul and surface water in that area and in order to protect the cairns archaeological interests. MU have accepted the drainage plans reaffirming their unadoptable status and potential need to be a privately pumped system and that both foul and surface water drains and soakaway shall remain privately maintained unless applied to be adopted (separate adoption process outside remit of planning).
7.3 On the basis of the above, the application is considered to be acceptable subject to conditions relating to the watching brief and CEZ's to best ensure meeting with the tests of Strategic Policy 4, Environment Policies 40 and 41, and Environment Policy 4 in protection of the cairn and ecology. The design of the garages is considered to have acceptable visual and neighbouring amenity impact in line with General Policy 2 and has been provided with sufficient information to demonstrate drainage and accepted by Manx Utilities and within bounds of section 11.8 of Strategic Plan.
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 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 the Acting Head of Development Management 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 and/or rights to appeal.
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Decision Made: Permitted Date: 03.10.2024
Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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