Cabinet Office

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CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected] CHIEF SECRETARY Mr Will Greenhow ACMA

3rd August 2015

Our Ref: DF15/0014 Planning Application Ref No: 15/00353/B Planning Secretary Planning & Building Control Division Murray House Mount Havelock Douglas

Dear Sir/Madam,

TOWN AND COUNTRY PLANNING ACT 1999 TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013

| Applicant: | Department Of Infrastructure | | --- | --- | | Proposal: | Replacement of existing sod hedge with a Manx stone wall | | Address | Hilltop Nurseries Stephenson Way roundabout Vicarage | | | Road Douglas IM4 2AE |

I refer to the abovementioned planning application.

In accordance with Article 10(9) of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the decision as follows.

On the 23rd July 2015, the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the condition specified below.

Condition of Approval

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) (No 2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

In accordance with Article 10(10)(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance)

Yours faithfully,

A Johnstone Planning Appeals Administrator On behalf of the Chief Secretary

APPLICATION BY THE DEPARTMENT OF INFRASTRUCTURE FOR PLANNING APPROVAL FOR REPLACEMENT OF EXISTING SOD HEDGE WITH A MANX STONE WALL AT HILLTOP NURSERIES, STEPHENSON WAY ROUNDABOUT, VICARAGE ROAD, DOUGLAS, ISLE OF MAN

Case Reference: DF15/0014 Planning Application: 15/00353/B

INTRODUCTION

1. As the Department of Infrastructure is the applicant and has an interest in the site, this application has been referred to the Council of Ministers for determination pursuant to Article 10 of The Town and Country Planning (Development Procedure) (No 2) Order 2013. The transitional provisions in the Transfer of Planning and Building Control Functions Order 2015 provide that the Council of Ministers should continue to deal with this application as it was referred prior to the transfer date. I have been appointed to consider the application and to make this report. I inspected the site on 15 June 2015. This report provides brief descriptions of the site and the proposal, and summaries of a short statement which accompanied the application and of a planning statement provided by the Planning and Building Control Directorate. It continues with my assessment, conclusions and recommendation.

THE SITE AND SURROUNDINGS AND THE PROPOSED DEVELOPMENT

2. The application site is a strip of land on the northern side of Vicarage Road, and is presently occupied by a sod hedge which is about 2 m in height. This hedge marks the road frontage boundary of a triangular parcel of land opposite and to either side of the junction of Vicarage Road with Stevenson Way. It is understood to have been provided when Vicarage Road was realigned. The junction created at that time has the form of a roundabout, which incorporates a northern exit giving access to the parcel of land behind the sod hedge, although this land is not presently in any active use. The Planning and Building Control Directorate has stated that the land was formerly a nursery. There is a mixture of hedges, walls and fences marking the road frontage boundaries in Vicarage Road in the vicinity.
3. The proposal involves removal of the sod hedge and the erection of a stone wall. It is stated that this would have a height similar to that of the sod hedge, but it would have a reduced width of about 500 mm . The drawings indicate that some parts of the wall would have a retaining function with respect to the higher levels of some of the adjacent land, and also indicate that the wall would have a maximum height relative to the carriageway of about 2.8 m , although this relative height would vary with the changes in levels along the frontage. The scheme incorporates 2 m high stone pillars with 1 m by 1 m base dimensions on either side of the egress/access from the roundabout. The proposed walls would curve back from the frontage on each side of the access to meet those pillars.

STATEMENT ACCOMPANYING THE APPLICATION

The main points made in this statement are: 4. Since completion of the Vicarage Road widening scheme the Department has been in dispute with the owner of the former Hilltop Nurseries site over the appearance and condition of the sod hedge. There are numerous areas where the turf facing has dried out and died, exposing the soil core to erosion by wind and rain. Further erosion of the core could lead to instability, localised failures and possible collapses of sections of the hedge. In these circumstances, and subject to the necessary approvals, the Department has agreed to replace the hedge with a Manx stone wall. This wall would match the other boundary walls fronting Vicarage Road.

5. The Department of Environment, Food and Agriculture has highlighted that lizards may have colonised the hedge. There are no records of any lizards, but the hedge has potential for lizards as it is south facing and backed by rough grassland. A lizard survey was due to be undertaken by Manx Wildlife Trust during the active period for lizards. Any lizards found would be translocated to suitable nearby habitat before any work commences on site. (Inspector's Note: I have subsequently been provided with the report of a survey during April/May 2015. The methodology included a search of historical records, walk-over surveys on 5 different days, and the placing of camera traps which were left on site for 5 days. The survey was particularly directed at the protected species of Common Lizard. No lizards or indications of lizard activity were found. It was concluded that there is a very low chance of any lizards being present within the sod hedge. No protected species of plant were recorded.)

PLANNING STATEMENT

The main points made in this statement are: 6. Due to the Department of Infrastructure's interest in this proposal, the Planning Officer does not make a recommendation in this case. The main issues are identified as (i) whether the proposed wall would have a satisfactory visual impact on the amenities of the area, and (ii) whether there would be any impact on lizards, which are protected under the provisions of the Wildlife Act 1990. 7. The site is designated as Agricultural Open Space on the Braddan Local Plan 1991, and is indicated in that Plan to be part of an area which is of High Landscape Value and Scenic Significance. The relevant policies of the Isle of Man Strategic Plan ("the Strategic Plan") are General Policy 3 and Environment Policies 1,2 and 4. 8. With reference to planning history, approval was granted on appeal in 2003 for a road improvement scheme which included the now existing roundabout adjacent to this site (PA01/00878). Three applications for residential development of the Hilltop Nurseries site have been refused in the past: PA91/4028 for 2 dwellings; PA00/02399/A for residential development in principle; and AP11/00346/B for a detached dwelling. The first and third of those applications were taken to unsuccessful appeals. 9. Should the application be approved, conditions would be appropriate to require the commencement of development within 4 years and to require a method statement to deal with any lizards found on the site.

RESPONSES TO CONSULTATIONS

10. Braddan Parish Commissioners do not oppose the application.

INSPECTOR'S ASSESSMENT AND CONCLUSIONS

11. The main issues are those identified in the Planning Statement, as detailed in paragraph 6 above. On the first issue, the existing sod hedge is in a relatively poor condition, particularly on the length to the east of the access from the roundabout. At the time of my visit there were some scars and crevices on parts of the faces of the hedge, where crumbling and bare earth was evident. Although much of the hedge is well vegetated, principally with grass, the overall appearance is unsatisfactory. There is nothing in the appeal papers to suggest that the hedge would be restored and maintained if this proposal is refused. In the light of the indications of a continuing dispute between the Department and the owner of the Hilltop Nurseries site, it can only be assumed that the consequences of a refusal would be continued deterioration of the hedge, although I must stress that there is no firm evidence on that matter. As the application is being dealt with by written representations, I was unable to question the applicant or the Planning Officer on this point.

12. The proposed Manx stone wall would reflect the form and appearance of other walls on the frontages of Vicarage Road nearby. In particular, there are stone walls on the opposite frontage of the road extending eastwards from a point a short distance to the east of the roundabout, and on the same frontage of the road as the application site a short distance to the west, beyond a residential property known as Copper Beeches. Although there is a short length of sod hedge or vegetated embankment immediately to the west of the roundabout on the southern side of Vicarage Road, such hedges are not overwhelmingly characteristic of the immediate vicinity. Indeed, the variety of boundary treatments on the frontages also includes more conventional hedges and some fences, including a length of fencing adjacent to the southern quadrant of the roundabout directly opposite the application site.

13. The wall is shown to be constructed to a high quality standard, in terms of matters including the form of coursing and the use of stone-on-edge capping. In the context of the mix of boundary treatments in the vicinity, I have concluded that the proposed development would have a satisfactory visual impact and would not cause any undue harm to the character and appearance of the area. In those respects it would not conflict with the intentions of Environment Policies 1 and 2 of the Strategic Plan, which amongst other matters seek to protect the countryside for its own sake, to resist development that would adversely affect the countryside, and to make the protection of the character of the landscape the most important consideration within Areas of High Landscape or Coastal Value and Scenic Significance. This proposal would not materially harm the character and quality of the landscape.

14. This proposal does not specifically fall within any of the exceptions within Strategic Plan General Policy 3 to the normal restrictions on development outside of areas which are zoned for development. However, it would be unreasonable to refuse the proposal on that basis, given that it would involve only a change to the boundary treatment on an undeveloped site, rather than any substantial development on the body of that site. It cannot in my view have been intended that General Policy 3 should prevent the erection of boundary walls in the countryside as a matter of principle.

15. Although not mentioned in the Planning Statement, I have taken account of policy in Planning Circular 1/92 regarding Manx Hedges. This policy includes a provision that any Manx hedge which makes a positive contribution to public amenity should be retained, and it is stated that this policy will apply in particular to those hedges which bound a public highway. It is also noted in the Circular that road widening will sometimes necessitate the removal of a Manx hedge, and in these and other circumstances there will usually be a requirement by the Planning Committee to construct a new hedge. Whilst it appears that the hedge which is proposed for removal may have been constructed in such circumstances, I am not convinced that the provisions of Planning Circular 1/92 should be regarded as determinative that the current application should be refused. That is for 2 reasons. Firstly, the hedge as it exists does not make a significantly positive contribution to public amenity. Secondly, with the context of the mix of forms of boundary treatments in the vicinity, I find that the proposed Manx stone wall would be equally appropriate to the public amenity and character of the area.

16. On the second issue, the lizard survey is conclusive that protected species of lizard are unlikely to be present on the site. I have also noted from the Inspector's report regarding the adjacent road improvement scheme (PA01/00878 - on appeal) that evidence given at that inquiry indicated that no protected species of plant, mammal, bird or invertebrate had been identified in surveys in 2002. Even if lizards had been found on the site, it seems from the earlier evidence that these could be satisfactorily relocated prior to the commencement of any works to remove the sod hedge. I have concluded that the

application scheme would not cause any significant harm to any species protected under the Wildlife Act 1990, with especial reference to the Common Lizard.

17. In the light of my findings on the main issues, and taking account also of all other matters drawn to my attention, I have concluded that the proposed development should be approved. My recommendation is subject to the first of the conditions suggested in the Planning Statement - to provide a time limit of 4 years for the commencement of the development. In the light of the findings of the survey for protected species, I do not find it to be necessary to attach a condition to require a method statement to deal with any lizards found on the site. A condition on that matter was suggested by the Planning Authority prior to the receipt of the survey report.

RECOMMENDATION

18. I recommend that planning approval be granted for replacement of existing sod hedge with a Manx stone wall at Hilltop Nurseries, Stephenson Way Roundabout, Vicarage Road, Douglas, Isle of Man, subject to the following condition:

The development hereby approved shall be begun before the expiration of 4 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.)

Stephen Amos MA (Cantab) MCD MRTPI Independent Inspector

Case Ref. DF15/0014 Application No. 15/00353/B Page 4