Officer Report

Application No.: 15/00451/B Applicant: Arbory Burial Authority Proposal: Extension of existing graveyard and creation of a vehicular access Site Address: Part Field 424885 Adjacent To St Columba's Church Ballagawne Road Ballabeg Castletown Isle Of Man Case Officer : Miss S E Corlett Photo Taken: 07.05.2015 Site Visit: 07.05.2015 Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The site is a parcel of land which lies to the north of Arbory Parish Church and graveyard which all lie to the north of the A7 Main Road through Ballabeg and to the west of the B43 Ballagawne Road. The site has a frontage to the B43 of around 60m and extends into the field to the west by between 16m and 35m. - 1.2 The site is currently an open field which is served by an access at the northern end from the B43. - 1.3 The existing graveyard is accessed from Ballagawne Road in two places, the higher up the road of the two providing a 2.8m wide concrete route into the graveyard. THE PROPOSAL

2.1 Proposed is the widening of the existing access and the use of the land as an extension of the existing graveyard alongside with car parking. - 2.2 The widening of the access will take the opening onto Ballagawne Road to 5m with a slight splay to the north to improve visibility. This widening will involve the removal of one small multi-stemmed sycamore tree and hedge and the erection of a wall between the widened access and a new car parking area which will extend 22m parallel with the roadside hedge up to a memorial garden. The remainder of the site will be for graves. - 2.3 A new concrete wall will be introduced along the south western boundary of the site to continue the existing wall up to the existing northern gate access into the field. - 2.4 Following discussion with the applicant, the scheme has been amended to propose block paviors in the entrance and a small landscaped area on the other side of the proposed new block wall to the north of the widened entrance. PLANNING STATUS AND POLICY

3.1 The site is identified on the Area Plan for the South adopted in 2013 as Buildings or Land for Civic, Cultural or other use - Worship, similar to the land to the south of it. - 3.2 The site is therefore designated for the purpose for which it is proposed in the current application. The issues therefore are set out in General Policy 2 of the Strategic Plan as follows:

"Development which is in accordance with the land use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them;
• c) does not affect adversely the character of the surrounding landscape or townscape;

• f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• g) does not affect adversely the amenity of local residents or the character of the locality;
• h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• i) does not have an adverse effect on road safety or traffic flows on the local highways;

• k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• m) takes account of community and personal safety and security in the design of buildings and the spaces around them." PLANNING HISTORY

4.1 Two previous applications have been submitted for the site: PA 93/00493/B proposed a new gateway and driveway and was approved and PA 13/00161/CAD was an application for a certificate of alternative development value. This determined that the value of the land relates to the use of the site for worship including a building associated with a church or for access and car parking for church purposes and would not have been granted for any other development. The suggested conditions which would have been attached to such a permission were that a landscape scheme should be approved, no built development introduced within 9m of the overhead power lines which are at the northern end of the site and that the access should be "satisfactory". REPRESENTATIONS - 5.1 Department of Infrastructure Highway Services do not object to the application (02.06.15).

5.2 Arbory Parish Commissioners indicate that the proposed concrete parking area would be less stark if it was instead surfaced with gravel. They also feel that hedges would be more in keeping than block walls at the entrance and adjoining the highway (22.05.15). Following discussion with the applicant, Arbory Commissioners indicate that whilst they are not keen on concrete they do not wish to delay matters any further as they understand there is some urgency with the provision of additional burial space and will therefore not object further to the application (18.06.15). ASSESSMENT - 6.1 The proposed use is in accordance with the land use designation on the area plan. As such, the issues relate to the visual impact of the works required to facilitate the proposed extension to the church yard. The main issues area in respect of the use of concrete in terms of the surface treatment and any walling. The introduction of paviors at the entrance

alongside the road will help mitigate the impact of the altered entrance and whilst the appearance of the blockwork wall is a little unfortunate, the use of rendered walling is not unheard of in the vicinity and on balance, it is considered that what is proposed will provide a much needed facility for the village and the visual impact resulting from the works is considered acceptable on this basis.

PARTY STATUS

7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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, in this case, Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word ‘Department’ to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation:

22.06.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

• 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. The new blockwork wall must be rendered with a smooth or roughcast render within one month of erection.

• Reason: in the interests of the visual amenities of the area.
• C 3. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

REASON: the landscaping of the site is an integral part of the scheme and must be implemented as approved.

This approval relates to drawing 1.1.15A received on 21st May, 2015 and the site and location plan both received on 27th April, 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 24.06.2015 Determining officer (delete as appropriate)

Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed : Jennifer Chance Jennifer Chance Head of Development Management