DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 21/01424/B Applicant: Mr Richard & Mrs Lucy Dacey Proposal: Alterations and extensions to dwelling. Site Address: Crondall Veg Ballamanagh Road Sulby Isle Of Man IM7 2HD Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 13.01.2022 _________________________________________________________________

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. No development shall commence until a preliminary assessment by a suitable qualified ecological consultancy for roosting bats has been submitted to and approved in writing by the Department. If the preliminary assessment identifies the property as suitable or if evidence of bats is found, then further bat surveys will be required and a report detailing the findings and appropriate mitigation measures to ensure their protection during and after development, should be submitted to Planning for written approval. The development shall not be carried out unless in accordance with the approved details to ensure the planning application is not invalidated. Reason: To provide adequate safeguards for the bats.
• C 3. No site works or clearance shall be commenced until protective fences as shown on drawing TS-171121 which conform with British Standard 5837:2012(or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected as shown (T06). Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

N 1. Bats are listed on Schedule 5 of the Wildlife Act 1990; they are protected by law and itis an offence to: intentionally or recklessly kill, injure or take a bat intentionally or recklessly damage or destroy, or obstruct access to, any structure or place which bats use for shelter or protection

intentionally or recklessly disturbs any bat while it is occupying a structure or place which it uses for that purpose. The maximum penalty that can be imposed is a fine up to 10,000 pounds. This application has been recommended for approval for the following reason.

The proposal complies with the wording of HP16, and also the resulting development would not harm the character and quality of the landscape complying with Environment Policy 1 of the Isle of Man Strategic Plan. Further the proposal has no adverse impacts upon public or private amenities.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 06.12.2021. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of Crondall Veg, Ballamanagh Road, Sulby located on the western side of Ballamanagh Road and to the south of Sulby Village. The site is access via an existing entrance off Ballamanagh Road. The boundaries of the site are made up of mature landscaping.

2.0 THE PROPOSAL - 2.1 The application seeks approval for alterations and extensions to dwelling. The works include:

• o Demolition of existing sunroom, kitchen and external covered courtyard;
• o Conversion of existing garage to living accommodation and erection of new single storey extensions to rear and side elevations to accommodate a garage, kitchen and bedroom;
• o Alteration to internal driveway, no alteration to existing access; and
• o Changes to external finishes to the property.

3.0 PLANNING HISTORY - 3.1 There are no previous applications which are considered relevant in the determination of this application.

- 4.0 PLANNING POLICY

4.1 In terms of local plan policy, the application site is identified on the Sulby Local Plan as Woodland not designated for development. The site is not within a Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of the planning 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 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland gareas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."
• 4.5 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
• (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
• (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
• (e) location-dependent development in connection with the working of minerals or the provision of necessary services;
• (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
• (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

4.6 General Policy 2 states: "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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (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 unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (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; and
• (n) is designed having due regard to best practice in reducing energy consumption."

4.7 Housing Policy 16 states: "The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public."

- 5.0 REPRESENTATIONS

5.1 Highway Services do not oppose (16.12.2021). - 5.2 Lezayre Commissioners recommend an approval (07.01.2022). - 5.3 The Senior Arboricultural Officer (DEFA) does not object to the tree removal included in this proposal and the tree protection measures proposed for the retained tree, T6, are considered to be adequate (16.12.2021). - 5.4 Ecosystem Policy Officer (DEFA) comments (22.12.2021): The Ecosystem Policy Team would like to highlight the potential for bats at this property which could be impacted by the proposed works. The supporting photographs show that the property may have Potential Roost Features (PRFs) for bats and Crondall Veg has got really good connectivity to bat habitats, being located next to an area of broadleaved woodland, within 200m of the Sulby river, which increases the likelihood of bats being present. We also have lots of bat records, including multiple bat roosts, in the Sulby area, with good commuting links to this property. They seek a preliminary assessment for roosting bats be undertaken on the property by a suitable qualified ecological consultancy and if the preliminary assessment identifies the property as suitable or if evidence of bats is found, then further bat surveys will be required and a report detailing the findings and appropriate mitigation measures to ensure their protection during and after development, should be submitted to Planning for written approval.

- 6.0 ASSESSMENT

6.1 The principle issue to consider with this application is the potential visual impact of the works to the area and the existing dwelling. - 6.2 The starting point is perhaps to consider Housing Policy 16 given the property is of a non-traditional dwelling, being a more modern property. This policy states that; "generally be permitted where this would increase the impact of the building as viewed by the public". The proposed extensions located to the side and rear of the dwelling, which is already well screened from public views, would have no or little visual impact as viewed by the public and therefore is considered acceptable. - 6.3 The works would in fact improve the appearance the existing property, removing inappropriate extensions/structures and replaced with extensions/new finishes beneficial to the appearance of the property; albeit the works as mentioned previously would largely go unnoticed from public views. - 6.4 The works would have no impacts upon neighbouring amenities given the significantly level of landscaping between the property and neighbouring properties. Further the works are modest in size and located away from neighbouring properties. - 6.5 While it is noted the Ecosystems Policy Team wish a preliminary assessment for roosting bats being provided before a decision being made, it is considered a condition can be attached which seeks such a report being provided before any works commence and then if bats are found a further reports/information are required to be approved in writing by the Department which addresses adequate bar protections/mitigation measures.

- 7.0 CONCLUSION

7.1 Accordingly, the proposal complies with the wording of HP16, and also the resulting development would not harm the character and quality of the landscape complying with

• Environment Policy 1 of the Isle of Man Strategic Plan. Further the proposal has no adverse impacts upon public or private amenities. It is recommended that the application be approved.
• 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:

• 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 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

Decision Made : Permitted Date : 13.01.2022 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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