**Document:** DEC Officer Report
**Application:** 21/00575/B — Erection of single and two storey extensions and linked garage accommodation together with associated landscape
**Decision:** Permitted
**Decision Date:** 2021-08-26
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/7577-malew-balladoole-house-garage-extension/documents/1144813

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# DEC Officer Report

**Applicant:** Mr Duncan Cheadle Proposal Erection of single and two storey extensions and linked garage accommodation together with associated landscape Site Address Balladoole House Balladoole Castletown Isle Of Man IM9 4PE Case Officer : Mr Ross Brazier
**Site Visit:** Expected Decision Level Planning Committee
**Recommended Decision:** Permitted Date of Recommendation 09.08.2021

## 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 details of the colour, composition and texture of the render have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area
- C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no greenhouses or polytunnels shall be erected or placed within the within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: In the interests of the character and appearance of the site and surrounding area.
- C 4. Prior to the commencement of the development hereby approved an Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The AMS should confirm what protection measures are going to implemented, how and when they are they are going to be implemented, and how arboricultural site monitoring will take place throughout the construction process, in sufficient

detail to provide a high level of confidence in the outcome for retained trees. The agreed protection measures and construction methods shall be adhered to in full.

Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site

- C 5. No site clearance, preparatory work or development shall take place until a tree planting plan is submitted to and agreed in writing by the Department. Where applicable the plan shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include the following details:

- (a) the exact location, species, nursery specification and planting specification of each tree (or group of trees) to be planted. Where groups or larger areas are to be planted please state the area and planting density.
- (b) the approximate date when they are to be planted
- (c) how they will be maintained until successfully established.

The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: to ensure an appropriate standard of visual amenity in the local area and that the development is appropriately landscaped to sit comfortably and acceptably in its location

- C 6. Prior to the commencement of any landscaping, a hard and soft landscaping scheme must be submitted to and approved in writing by the Department. Such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; the location of grassed areas details of the hard surface treatment of the open parts of the site and a programme of implementation.

All hard and soft landscaping works shall be carried out in accordance with the approved details. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: To ensure the provision of an appropriate landscape setting to the development.

- C 7. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
- C 8. No works shall commence until full details of the proposed external joinery, including (1:20) scale sample elevations and (1:10) scale joinery profiles, have been submitted to and approved in writing by the Department. The works shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.

- C 9. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: In the interests of the character and appearance of the site and surrounding area.
- C 10. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: In the interests of the character and appearance of the site and surrounding area.
- C 11. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department. Reason: In the interests of the character and appearance of the site and surrounding area.
- C 12. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no decking shall be constructed or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: In the interests of the character and appearance of the site and surrounding area.
- C 13. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garden sheds or summerhouses shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: In the interests of the character and appearance of the site and surrounding area.

N 1. The preliminary Landscape masterplan is only indicative and therefore a condition requiring full hard and soft landscaping details has been imposed requiring such details in full.

This application has been recommended for approval for the following reason. The planning application respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them and is not considered to harm the visual character of the locality, or have any detrimental impact on the highway network, and would comply with the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This application relates to drawings and information submitted digitally and received on 27th April, 2021;

- 001 - Site Location plan
- 002 - Proposed Site plan ES01 - Existing Elevations

MS01, MS02 - Existing Floor Plans 300,301 - Proposed Elevations 100,101,102,103,104 - Proposed Floor Plans LS-01 Rev A; LS-02; LS-03; LS-04; LS-05 - Topographical Survey Design Statement OTPN-080621 - Outline Tree Protection North TSE-080421 - Tree Constraints East TSN-080421 - Tree Constraints North TSS- 080421 - Tree Constraints South Tree Data table Tree Root Protection (Cell web) trade literature

In addition to the above plans and information the additional documents submitted digitally and received on 11th June and 23rd June, 2021 referenced;

Arboricultural Impact Assessment dated 8th June 2021 Bat Survey Report dated 22nd July 2021

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

The Isle of Man History and Antiquarian Society

- as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy.

________________________________________________________________ Officer’s Report

THE APPLICATION IS BEING REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVLOPMENT MANAGEMENT AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN

1.0 THE SITE - 1.1 The application site is the residential curtilage of Balladoole House, Castletown. The overall estate is 12 Acres of private parkland setting which comprises a mixture of formal gardens, tree lined driveways, open grassed areas, woodlands and hard surfacing areas. - 1.2 The property is a detached 18th Century mansion house with formal gardens surrounding and is accessed from the Highway A5 to the east via an 800m driveway that is tree lined with over hanging canopy and planted gardens to the verges. The current formal gardens were designed by Arabella Lennox-Boyde. - 1.3 The adjoining neighbours / nearest neighbour(s) are 'The Granary,Balladoole, Castletown, that sits some 80m to the south west of the main dwellinghouse and used to from part of the historic curtilage of the property. - 1.4 Surrounding the dwellinghouse are approx 125 trees identified with some being registered. Those registered trees are positioned to the front of the property within the mature

formal lawns and are not affected by the proposals. The application site and the location of the proposed works are within the existing footprint of the dwellinghouse extending southwards for the additions to the rear elevation and land adjacent to the north for the proposed garaging. None of those trees in this area (northern) are identified as being registered on the Governments map.

2.0 THE PROPOSAL - 2.1 The proposals are for the demolition of existing single storey extensions, two storey extensions and replacement with a mix of single and two storey extensions and linked garage accommodation together with associated landscaping. - 2.2 The application is accompanied with an arborists impact assessment for the whole site and the report clearly identifies the necessary actions for the management of the sites trees as a whole and locally in respect of the access trees for removal are identified. In relation to this part of the site and pertinent to this application is the removal of 1no category 'B' trees the species of trees to be removed are 1xSycamore, 6no category 'C' trees, 3xSycamore, 3xCherry and also 1no category 'U' trees, 1xSycamore. Within the report the arborists note; "The visual impact relating to the tree removal to facilitate this aspect of the development will be moderate. The trees are visible from the Pooil Vaaish Road, but as mentioned in section 4.1.4 the road is a low occupancy rural road and the existing tree cover in the wider landscape is high"… "The loss of arboricultural value related to this aspect of the development will be low. As mentioned above, the number of trees being removed when compared to the surrounding area is low and the general quality of the trees being removed is low." - 2.3 Within the Agents planning statement they note; "The site is an example of early Queen Anne domestic architecture having been constructed in 1714AD and has received a number of alterations and extensions over the years which have largely altered the external appearance of the subordinate 'wings' to the main house. It is proposed to demolish the existing extensions of poor form and the erection of additional living accommodation. The proposals are generally in accordance with the design guidance for development within a conservation area, this approach has been adopted in recognition that the building is old and whilst not registered should be respected for its age and importance in the islands history.

3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is within an area recognised as Low Density Housing in Parkland on Map 3 with the initial G. The landscape proposals map 2 identifies the wider area as 'Undulating Lowland Plain' (F8 - Poyll Vaaish and Scarlett Peninsula). - 3.2 Within the written statement the F8 - Poyll Vaaish and Scarlett Peninsula notes; The overall strategy is to conserve the strong sense of openness throughout the area, with strong field pattern as well as the setting of the numerous archaeological sites and wartime structures within the area.

Key Views - Open and panoramic views out to sea, up to the Southern Upland peaks over open fields and towards the built-up areas of Castletown and Ballasalla are obtained from various slightly elevated positions within the area, where the cumulative effects of hedgerow trees does not intervene. Foreshortened views in some flatter areas where the accumulated effects of hedgerow trees create a wooded horizon.

3.3 The site is not within an area of flood risk, is identified as containing a number of registered trees and is not part of a Registered Building or within a Conservation Area. The Property identified as requiring further investigation for registration in the Area Plan for the South 2012.

3.4 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. - 3.5 Strategic Policy 4 b (in part) (b) protect or enhance the landscape quality and nature conservation value of urban as

well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations;

3.6 General Policy 2 (GP2) (in part) 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 spaces around them;
- (c) does not affect adversely the character of the surrounding landscape or townscape;

- (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; (n) is designed having due regard to best practice in reducing energy consumption.

3.7 Environment Policy 1 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.

3.8 Environment Policy 3 Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value. - 3.9 Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred. - 3.10 Housing Policy 15: The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally). - 3.11 Residential Design Guidance (July 2019) provides advice on the design of new houses and extensions to an existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property.

4.0 PLANNING HISTORY - 4.1 The application site been the subject of the following planning applications that are considered specifically material to the assessment of this current planning application and form part of the overall proposed development of the site; Reference Number: 21/00479/B

Status: Permitted Proposal: Erection of an implement store and maintenance barn

Reference Number: 21/00466/B Status: Permitted Proposal: Replacement gate pillars and creation of construction access from D45 Pooilvaish Road into Balladoole House

4.2 The neighbouring property; The Granary, Balladoole, received planning consent for major extension and renovation works under ; 17/01196/B - Alterations, erection of extensions to provide living accommodation and swimming pool and creation of driveway which was approved. The scope of their works was for the following:

- o alterations to the lawful approved track to create a new driveway;
- o erection of a rear extension to the main dwellinghouse;
- o alterations to the existing rear projecting extensions;
- o erection of a new swimming pool extension including a 25m pool, gym, pool lounge with jacuzzi, solarium and changing facilities;
- o creation of an external tennis court, and
- o the removal of a number of trees to facilitate the development.

5.0 REPRESENTATIONS (in brief - full reps can be read online) - 5.1 Rushen Parish commissioners commented on (25/05/21) with no objection.

- 5.1.1 The Commissioners sought to comment again on (21/06/21) regarding the loss of mature trees, and felt that the proposal represented an excessive development of this historically important building. They were also concerned about potential damage to Poyll Vaaish road from building works, any damage to be repaired by the developer and a traffic management plan should be in place.

5.2 Highways Services have commented (14/06/21) stating, after reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking. Electric vehicle charging points should be provided to aid climate change objectives. Additionally, Highway Services will require a further discussion over arrangements for construction vehicles and potential need for passing places along the D45 following response to 21/00466/B.

- 5.2.1 Further comments were provided (17/05/21) they noted the additional tree information uploaded on 11 June 2021. And maintain their view that the proposal is satisfactory from the highway viewpoint and continue to not oppose. Should the removal of trees be unaccepted, please re-consult.

5.3 DEFA Forestry initially commented (07/06/21) requesting an Arboricultural Impact Assessment.

- 5.3.1 On receipt of this they further commented (21/06/21) with four points and a recommend wording for two planning conditions if approved. On the trees, they note of the trees to be removed, 6 trees are of poor health, but their removal whilst would alter the visual impact on the existing canopy of trees when viewed from Pooil Vaaish Road, would not be detrimental to the area, and a large number of green trees would remain giving a pleasant green backdrop from Pooil Vaaish Road; This loss of tree canopy should be mitigate and a suggested planting / landscaping scheme should be produced; The root protection areas around T4317 and T4323 need to be expanded to the south east and a Arboricultural method statement and construction exclusion zone needs to sought.

5.4 DEFA Ecosystems commented (22/06/21) noting that part of this application is for the re-roofing of the main property, which as stated in the Design Statement, was constructed in

1714. The property is also located in a woodland corridor, near to a watercourse, a water filled quarry and other semi-natural habitats. All features which increase the likelihood of bats being present. The Bat Conservation Trust recommend that bat surveys are undertaken on all pre1914 buildings. Therefore, in order to comply with Environment Policy 4 and 5 of the Isle of Man Strategic Plan and the Wildlife Act 1990, the Ecosystem Policy Team request that prior to determination of the application, a preliminary assessment for roosting bats be undertaken on the property by a suitable qualified ecological consultancy. 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. Preliminary assessments for bats can be undertaken at any time throughout the year. However, if emergence/re-entry surveys to confirm roost presence are required then there are seasonal requirements. The presence of bats will not prevent the property from being re-roofed but provision must be shown for their ongoing protection. Bat surveys should be undertaken in accordance with the Bat Conservation Trusts Bat Surveys for Professional Ecologists - Good Practice Guidelines (3rd Edition 2016) We request that the survey reports are submitted prior to determination in line with best practise, which is referred to in Section 9.2.4 of the British Standard Biodiversity - Code of Best Practise for Planning and Development (BS 42020:2013). They also noted that just to the north of the house (the orchard area in the landscape plans) was mapped as broadleaved woodland in the 1995 Phase 1 habitat survey. I have no issue with the plans for the gardens immediately around the house but because the woodland area is an existing semi-natural habitat, I request that the plans, including long grass, bulbs and wildflowers, is kept native. The applicant should not introduce seed or bulbs from the UK or further afield. Our recommendations are that this area should be allowed to develop naturally, no seed or purely Manx native seed sown and a relaxed mowing regime implemented (no cutting between 1st April - 15th July).

- 5.4.1 Further correspondence was received from Ecosystems (06/07/21) in response to the applicant's agent request that bat surveys from part of a prior to commencement condition and stated that "It is was there strong recommendation that a pre-commencement approval condition for bats should not be issued because there is still potential for bats and their roosts to be present in the property which could be damaged or destroyed by demolition or alterations"
- 5.4.2 Final comments were received from Ecosystems (26/07.21) and reported that they are happy with the findings of the Manx Bat Groups bat survey report that there was no evidence of current use by bats and that no mitigation was required. They suggested the applicant could include bat bricks in the new extension or boxes on the surrounding trees as an enhancement for bat.

5.5 Isle of Man Natural History & Antiquarian Society (IMNHAS) commented (16/06/21) stating that Balladoole house dates from 1714 and is one of the Island's oldest and most historic buildings. Built by the Stevenson family and in the family's ownership until 1973, it also has connections with Captain Quilliam of Trafalgar fame whose wife was a Stevenson. They note that contrary to the original concept the new wings above ground floor level will be visible above the battlemented facade; however it feels that they are sufficiently set back from the latter that they will not detract too much from the original eastern frontage. However the Society notes that on the visible western frontage the entire ground floor and the tower in particular is to be subsumed in a single storey flat roof extension. The tower being an early feature of the house, albeit nominally at the rear is, as above, as important architecturally and visually as the front. Enveloping the tower on two sides at this lower level detracts from the strength of the feature. The proposed wide windows on either side of the tower detract from the balance of the existing elevation. They question whether all the windows need replacing or whether alternative forms of secondary glazing have been considered whilst maintaining the original windows. While the use of hardwood is appreciated, it is a concern that this may be a

surface application only to replicate glazing bars. The Society also noted that the original house internally had substantial amounts of panelling; it does not know whether this still exists. However it notes that the proposal involves a significant amount of alteration and demolition both of internal and external walls particularly at ground floor level. The Society recommends that the original house with its tower, battlemented façade and kitchen vegetable garden wall should be registered. Whilst not objecting to the principal of extension of the property, the Society objects to the extension proposed for the rear, ground floor western elevation to the original house and tower which is so important and publicly visible.

## - 6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are;

- (i) the impact of the proposals upon the appearance of the existing property, visual impact on the streetscene and character of the locality (HP15, EP1,GP2) (iii) impact on the trees (Ep3) and biodiversity (SP4)

6.2 The property is an architecturally imposing and historic property set within its own grounds. Its historic curtilage, once having been part of a far larger estate has been gradually reduced including the separation of the property from its outbuildings that now from a separate dwelling. The property has been the subject of extensions and alterations; however the historic core of the original house is still clearly identifiable. - 6.3 The key issues are the extent that the proposals impact upon the appearance of the property and visual impact on the streetscene and character of the locality. It is noted that IMNHAS consider that the building should be registered and it is also noted that the Area Plan for the South 2012 considered that research was required. However, the matter of whether the building should be registered is not material to the determination of this application. - 6.4 It is noted that IMNHAS have no objection to the principle of extending the property and consider the proposed first floor wing additions are sufficiently set back as to not detract from the principle frontage. They do however consider the proposed ground floor additions to the rear (west) elevation will detract from the tower which they consider to be an important feature of this elevation and the balance of the elevation of the existing elevation. It is also noted that the Commissioners consider the proposals to be excessive development. - 6.5 The property has been vacant and on the market for some time and it is evident that it is indeed of repair and renovation. One of the key design features of the original property is its symmetry, which has been disrupted by later interventions particularly the flat roofed first floor side addition and annexed additions. It is considered that the proposals will rebalance the appearance of the property by improving the symmetry. It is noted that within the Design Statement the applicant has that the proposals will result in a 40.5% increase of floorspace. It is considered that in order to rebalance the symmetry of the property an increase in floorspace would be necessary to achieve this and the benefits to the appearance of the property outweigh any potential harm cause by the increase in floorspace. - 6.6 The proposals will use traditional materials that are appropriate for this historic property and will have a positive impact upon the appearance of the property, this includes new timber sash windows, and natural slate roofs, the render treatment will be conditions so that the materials and finishes can be agreed. The works will also see the introducing of energy efficiency measures including solar panels and insulation. These measures are proposed in a way that will not impact upon the historic character of the property and are supported.

6.6 Concerns have been raised by the IMNHAS regarding the impact of the proposals upon the rear elevation particularly the tower. It is noted that the proposals will result in the visual loss of the ground floor of the original building. It is considered however firstly those views of the ground floor are partly obstructed from the public highway. Secondly the tower has been

- altered at ground floor and was once an open covered entrance thirdly is it a later, albeit now a historic addition. It is considered that the proposals will still enable appreciation of the tower as a feature particularly as the above ground floor levels that are more visual will appear as they do now. Although the property is grand, the core of the original building is not particularly large it is considered that the proposed ground floor additions to the rear elevation provide the necessary space and required facilities for a house of this status to function as a viable home and it is considered that the scale, form and massing respect the proportion, form and appearance of the existing property and would comply with HP15.
- 6.7 The proposals also include the creation of linked garage accommodation and associated landscaping. It is considered that the proposed linked garage in its design, siting and massing in relation to the new access approved under application 21/00466/B and its relationship the proposed single storey elements to the side of the house and original core is acceptable. The garaging will link to the new access as approved in. The submitted documents includes a preliminary landscape masterplan, which shows proposed ornamental gardens around the property which are considered to be acceptable.

- (ii) Impact on Trees

6.8 The proposal seeks to remove a small number of trees to facilitate the new courtyard garaging, whilst this is initially concerning, the tree survey data from the Arborists is helpful to identify the type of trees to be removed and their condition. This is further supported with an arborists impact assessment and is noted in para 2.4 and 2.5 and their comments. In total 8 trees are proposed to be removed of; 1no category 'B' trees the species of trees to be removed are 1xSycamore, 6no category 'C' trees, 3xSycamore, 3xCherry and also 1no category 'U' trees, 1xSycamore. - 6.9 The arboricultural impact assessment at section 4 of their report is pertinent to this site and notes that the visual impact would be 'moderate' and the loss of tree could be noticeable, they go further to say; "Pooil Vaaish road is a low occupancy rural road and the existing tree cover in the wider landscape is high". They consider "the number of trees being removed when compared to the surrounding area is low and the general quality of the trees being removed is low". - 6.10 The balance here is whether the significant loss of trees (8no.) in this setting, considering the wording of EP3 is acceptable to justify the allowance for the creation of an access and driveway, then in turn whether this will have an impact on the biodiversity on site as noted in SP4b. - 6.11 In light of the above and the comments from the Departments Arboricultural Officer, which are helpful, it is noted from para 5.3 whilst they do not object if an approval was forthcoming, a number of conditions should be attached which seeks a further tree protection of the existing trees not identified for removal; the requirement for a tree protection plan prior to any works commencing on site, and tree protection measures are implemented prior to any works starting on site, which is encouraged if an approval is recommended and as recommended by the Arboricultural impact assessment which broadly acknowledged by the DEFA forestry team who would be issuing any licenses. It is further noted none of those trees to be removed are registered and there are no registered trees within the vicinity of the proposed works. On balance, the proposed impact on the trees would be aligned with EP3 and given a proposed landscaping plan (conditional) would seek to enhance the landscape quality and nature conservation value in this area. - 6.12 Turning specifically to the biodiversity aspect, a survey has been undertaken for the presences of bats, which has confirmed that bats are not present. Ecosystems team has raised no issues with the proposed garden planting that forms part of this application.

## - 7.0 CONCLUSION

7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the safety of the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval with conditions (including for landscaping proposals and an arboricultural method statement and removal of PD rights). - 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:

- o 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

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : …APPROVED……….... Committee Meeting Date:…23.08.2021

Signed :…………J SINGLETON…….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

## PLANNING COMMITTEE DECISION 23.08.2021

Application No. : 21/00575/B Applicant : Mr Duncan Cheadle Proposal : Erection of single and two storey extensions and linked garage accommodation

together with associated landscape Site Address : Balladoole House Balladoole Castletown Isle Of Man IM9 4PE Registered Buildings Officer : Mr Ross Brazier Presenting Officer Jason Singleton Addendum to the Officer’s Report

Further to the original Committee presentation and subsequent site visit, it was agreed by all parties to amend conditions number 3, 9,10,11,12 and 13, relating to the removal of PD rights, and 8 relating to windows detail requirements, replacing them with the following;

- 1) Remove PD (now condition 3) Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken in accordance with Class 13-28 of schedule 1 of the Order

at any time. Reason: To control future development on the site.

- 2) Details of windows (condition 8) No windows shall be installed until a schedule of windows has been submitted to and approved in writing by the Department and a sample of each proposed window type has been made available for inspection on site. The works shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/7577-malew-balladoole-house-garage-extension/documents/1144813*