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The site defined in red represents the former curtilage of a derelict cottage which lies to the south east of Scholaby Mill, and to the south of an abandoned mine shaft. Also included within the site is a long strip of land to the immediate north of the cottage, 5.5m wide which is to provide a hardcored gravel track as access to the property. There is presently no formal access to the cottage across the field which lies to the north although there is a very rough track across the northern edge of the field in which the cottage sits, which gives access to the Ballakilpheric Road (B44). The proposed residential curtilage stretches some 6m to the east of the existing building and 27.5m to the west and 3m to the south of the building. "gravel parking area" is annotated on the plan but it is not clear to where this refers.
The site lies within an area designated on the Arbory and East Rushen Local Plan as an Area of High Landscape or Coastal Value and Scenic Significance.
Planning permission was sought and refused for the principle of reinstatement of the residence and extension of track to the mill under PA 07/0360. This refusal was challenged to appeal where the refusal was overturned and the application permitted subject to a number of conditions as follows:
Proposed here is what is described in the planning application as both a full detailed application for development involving building or engineering operations and approval of matters reserved from a previous approval (PA 07/0360).
The application plans are accompanied by a report from a Structural Engineer which reports that the walls are generally vertical with no apparent evidence of significant structural distress or differential settlement of the foundations. The recommended works include re-slating of the roof with a new breathable sarking felt and battens, replacing all leadwork around the chimneys, replacing defective timbers and installation of insulation. Timber lintels across the existing window and door openings are
to be replaced with concrete lintels and the condition of the slate lintels checked. Some underpinning of the walls may be necessary to minimise the movements which may affect the material beneath and perhaps an insulated render system to existing rendered faces, a new first floor installed which would also help tie the external walls together. A new ground floor should also be installed with damp proof membrane.
Externally the front elevation will remain as is with new windows installed - windows to be timber casements in a traditional style of appearance (ie subdivided into two equal halves one on top of the other). On the rear elevation a new rooflight is to be installed and the existing window aperture fitted with a window to match those on the front elevation.
The access to the cottage is not in the same place as shown in the approval in principle and the "old wall" shown to the north east of the building is not to remain intact nor a rear garden shown as was shown originally. The access in the approval in principle started from the farm track alongside the mill and travelled parallel with the river on the western side of the cottage and the mine. The proposed access is to the east of the mine and the cottage.
There is no proposal to alter the level of the ground around the cottage as was previously indicated.
The applicant's agent has clarified that the space allocated to parking is sufficient to allow two vehicles to park and to turn within the site. He also clarifies that the access route to the east of the mine shaft is flatter that that show on the approval in principle and it is intended that the land to the east of the mill is to be allocated to the curtilage of the mill and that it would not be convenient to have the access to the cottage running through this.
Department of Transport Highways and Traffic Division does not oppose the application provided that there is in place a turning facility within the site and two parking spaces are provided.
Environmental Protection Unit recommend that no part of the soakaway is constructed within 30m of the mine workings so as to avoid foul seepage.
The proposed works to the cottage comply with the provisions of the approval in principle and do not change the appearance or character of the property as viewed by the public, from the footpath to the north and as such it is considered that the intention of the principle which was approved has been satisfied. Whilst the windows would be more appropriately sliding sash, the public view of the property is some distance away and the detail and opening style of the windows is unlikely to be perceivable at this distance. As such the proposed windows are considered acceptable.
The provisions for access are not as shown in the approval in principle although the specific route of the access was not referred to in the conditions of the approval. The selection of the flattest route is sensible and there is no proposal to make up the access towards the Ballakilpheric Road, only to gravel that part leading to the mill, to the west.
The application includes correspondence from the Manx Bat Group indicating that it will not be possible to inspect the building for the presence of bats until the Spring, after they have finished hibernation. In order not to disturb a roost, which is protected under the provisions of the Wildlife Act 1990, a condition should be applied to prevent works from being undertaken until a survey has been undertaken by qualified personnel. A condition should also be applied to advise of the need to maintain 30m from the mine to the soakaway as directed by Environmental Protection Unit.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Environmental Protection Unit raise material planning issues and as such should be afforded party status in this instance
Recommended Decision: Permitted
Date of Recommendation: 23.12.2008
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the renovation of the cottage and provision of gravelled access and parking all as shown in drawings 08/107/01, -02 and the location plan all received on 14th November, 2008.
C 3. No development may be carried out until such times as a survey for the presence of bats has been carried out by qualified personnel and appropriate measures taken to avoid damage to any bat roost or the bats themselves which may be found on the site and which are protected under the Wildlife Act 1990.
C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)
N 1. The applicant should note that any soakway should be constructed at least 30m from the existing mine workings in order to prevent foul seepage into the drainage adits and which may cause pollution. The advice of the Environmental Protection Unit is recommended in this respect.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date: 8/1/09 Signed: D. B. Smith Senior Planning Officer
Decision Made : Permitted Date: 8/1/09 Signed: D. B. Smith Senior Planning Officer
23 December 2008
23 December 2008
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