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15/00987/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/00987/B Applicant : Mr Peter Clucas Proposal : Drainage refurbishment works Site Address : Dhoor House Andreas Road Dhoor Ramsey Isle Of Man IM7 4EB
Case Officer : Mr Chris Balmer Photo Taken : 10.09.2015 Site Visit : 10.09.2015 Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is the residential curtilage of an existing dwelling known as Dhoor House, Dhoor Lane, located to the east of Ramsey Road as it travels north out of the town; the site is irregularly shaped and for some considerable length bounds a public highway, albeit that views of the site itself are only readily available from the S-bend on Dhoor Lane.
1.2 The dwelling is neatly proportioned to its front elevation, and has a complimentary pair of single storey side extensions, but a number of historic alterations and extensions mean it could not be considered to represent traditional Manx vernacular. It is fairly well-screened from the highway by mature trees and hedging, which also characterise the settlement of Dhoor to a quite significant degree; albeit, a total of five trees have recently been removed along the boundary of the site and therefore is more apparent than before the removal of the trees. The dwelling has a detached garage to the rear that is only visible through the hedging.
2.0 THE PROPOSAL 2.1 The application seeks approval for drainage refurbishment works. The works involve the by- passing of the existing stone culvert which currently runs underneath the driveway of the property. A new and larger open drainage ditch is proposed and this would run along the boundary of the property. The open drainage ditch would be created by the use of gabion baskets filled with stone. The works also involve the removal of the existing mature hedgerow. It should be noted planning permission isn't required for the removal of the hedgerow. The application does proposes to re- instate the hedgerow.
A new culvert section is also proposed to run underneath the vehicular entrance of the application site. The overall scheme would connect to the existing stream to the south of the entrance of the site.
3.0 PLANNING HISTORY 3.1 Although the site has been the subject of several applications, none are considered relevant in the determination of this application.
4.0 PLANNING POLICY 4.1 The application site is within an area recognised as being an area of 'woodland' not zoned for development under the Isle of Man Development Plan Order 1982. The site is not within a
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Conservation Area, nor is the site within an area zoned as High Landscape or Coastal Value and Scenic Significance.
4.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:-
4.3 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
4.4 Environment Policy 7 states: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria: (a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; (b) details of pollution and alleviation measures must be submitted; (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and (d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."
5.0 REPRESENTATIONS 5.1 Lezayre Parish Commissioners recommended the application be approved. (received on 15.09.2015).
5.2 DEFA - Forestry Directorate make the following comments (received on 08.09.2015): "Regarding the above application, I am writing to confirm that I have no objections to the 5 trees that need to be removed.
A licence was issued for the removal of these trees under the Tree Preservation Act in April 2015."
5.3 DEFA - Fisheries Directorate make the following comments (received on 04.09.2015) which can be summarised as; work should take place in the period from July to September (inclusive) in order to protect vulnerable eggs and fry from disturbance from sediment load outside of this period; a consent form for removal of materials form a watercourse has already been received; development within 9 metres of a watercourse form needs to be completed; a site visit will be required before any works commence so ways of minimising impacts upon the stream, a method statement will then need to be agreed with contractors prior to works; and it may be necessary for DEFA Fisheries to carry out electrofishing within the existing culvert to remove and relocate any fish prior to work beginning.
The Fisheries Directorate have since made the following comments since receiving the metres of a watercourse form (received on 30.10.15): "Thank you for the 'within 9m' form for this application. I can confirm that DEFA fisheries have no objection to the proposed works, provided the following conditions are met. o Any works to the watercourse bank and channel are restricted to the period July to Sep (inclusive) o Works affecting the watercourse are conducted according to written method statements agreed in advance with the Inland Fisheries Section of the Fisheries Directorate, DEFA. These conditions are requested In order to protect the fish populations that are known to be present in the stream below the culvert and possibly within the culvert itself.
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The applicant is advised to contact Fisheries (tel. 685857, or email [email protected]) to discuss method statements and arrange an initial advisory site visit, should the proposal be granted planning approval. Electrofishing to allow relocation of fish may be deemed necessary as part of the agreed methods. Information on charges for any relocation of fish has already been sent to the agents."
5.4 Manx Utilities have no objection to the proposal (received on 19.11.2015).
6.0 ASSESSMENT 6.1 The principle issue to consider with this application is the potential visual impact by the development and the potential impact upon the water course and habitats.
Potential visual impact 6.2 Once the work has been completed and planting has been undertaken and established, the appearance will appear similar to how the site appears currently. There will be a innerving periods with the removal of hedgerow and the period of time for the new hedgerow to achieve a maturity. As indicated previously the applicants could remove the hedgerow without the need for any permission, either from the Planning or Forestry Directorates. In terms of the formation of the new drainage ditch it is considered the works would be appropriate and would have little if any impact upon the visual amenities of the street scene/countryside, especially once the hedgerow have been reinstated. Overall, it is considered the proposal would be acceptable form of development in terms of the visual appearance and character of the area.
Impact upon the water course and habitats 6.3 The Fisheries Division have made a number of comments to ensure the protection of the watercourse and fish/habitats within the stream. Environment Policy 7 requires considered. This indicates that Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. In this case Fisheries are content with the proposal but require a number of matters to be considered. Some of these are covered by Fisheries own legislation and therefore planning conditions are not required. However, in this case a condition should be added restrict the period when the works can commence to ensure the protection of fish and fry. Overall, with appropriate worded condition it is considered the proposal would not have a unacceptable impact upon the watercourse and fish/habitats within the stream.
7.0 RECOMMENDATION 7.1 Overall, it is considered the proposal would comply with the relevant planning policies of the Isle of Man Strategic Plan and recommended for an approval.
8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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; (d) The Highways Division of the Department; and (e) The local authority in whose district the land the subject of the application is situated.
8.2 Department of Environment, Food and Agriculture- Fisheries and Forestry Directorates are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
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8.3 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
Manx Utilities
8.4 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: 30.10.2015
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. Prior to the commencement of any works a soft landscaping scheme is required to be submitted to and approved in writing by the Planning Authority and these works shall be carried out as approved. Details of the soft landscaping works include planting to the roadside boundary, reinstating the existing hedgerow and should include details of species, heights, and centres. 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 operation of the hereby approved Drainage scheme, 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: To ensure the provision of an appropriate landscape setting to the development.
C 3. Works shall only take place at the site between the months of July and September inclusive, unless prior to that a suitably qualified ecologist has conducted an inspection of the site and found there would be no impact on any vulnerable eggs and fry within the site and an agreement is made with the Department.
Reason: To afford suitable protection to vulnerable eggs and fry.
N 1.
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The applicant is advised that prior to any works commencing on the site they should contact the DEFA - Fisheries Directorate to arrange a site visit so ways of minimising impacts upon the stream can be discussed, and a method statement should then be provided and agreed with the Fisheries Directorate and these works are carried out in accordance with the agreed method statement. Furthermore, it may be necessary for the Fisheries Directorate to carry out electrofishing within the existing culvert to remove and relocate any fish prior to work beginning.
This approval relates to drawings reference numbers 100 REV B, 101 and 102 REV A all received on 27th August 2015.
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 09.12.2015 Determining officer
Signed : J CHANCE
Jennifer Chance
Head of Development Management
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