**Document:** Planning Officer Report Recommendations **Application:** 13/00279/B — Extension of existing churchyard **Decision:** Permitted **Decision Date:** 2013-05-30 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/4119-lezayre-churchyard-churchtown-off-extension/documents/1172635 --- # Planning Officer Report Recommendations [Table omitted in markdown export] ### Officer's Report THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BECAUSE THE PROPOSAL IS FOR DEVELOPMENT IN THE COUNTRYSIDE AND DOES NOT ACCORD WITH THE SITE'S LAND-USE ZONING. ### The Application Site 1. The application relates to a parcel of land east of the church yard for Lezayre Church (Kirk Christ), Lezayre Road, Churchtown. The church yard is situated immediately to the south side of Lezayre Road to the west of the Church and east of the church hall. 2. The site is bounded on its north side by Lezayre Road, to the south by Churchtown Lane, and to the east by the spacious grounds of the Old Vicarage. The site is understood to be Glebe land and is currently grassed over. To the west is the existing church yard. The site's south, east and north boundaries (next to the main road) are lined by a number of mature trees. ### The Proposal 3. The application seeks planning permission to extend the existing church yard. The plan shows an additional 315 burial plots. The stone boundary wall to the existing church yard will be extended to form a boundary and enclose the extended cemetery. ### Planning History 4. The historic planning records suggest that planning permission was granted for the church yard in 1968 (ref. 24579). It seems that only part of the church yard was built and the plans show the church yard extending to land including and beyond the current application site. 5. There is no recent planning history. ### Planning Policy [Table omitted in markdown export] 6. The site is zoned an "Area of High Landscape of Coastal Value and Scenic Significance" and "Area of Private Woodland or Parkland" in the Isle of Man Development Scheme (Development Plan) Order 1982. 7. The following policies in the Isle of Man Strategic Plan 2007 are relevant: General Policy 3: 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(1) 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. Community Policy 2: New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings. ## Representations 8. Lezayre Parish Commissioners - approved unanimously. 9. Highways Division - no objection. ### Assessment The key considerations in this application are i) whether the proposal is acceptable in principle having regard to the controls on development in the countryside, ii) the effect of the proposal upon the character and appearance of the area and iii) Access and Transportation. The Principle of Development In the Countryside: 10. The proposal is to extend the existing church yard. In strategic terms, this obviously limits the options for the location of the site. The local rector confirms that the site forms part of a wider area of land that the Vicar and Wardens agreed to use for a new burial ground in the 1960s. Approximately only two thirds of the land was used with the rest kept maintained until further extension was needed. The Vicar and Wardens advise that the capacity of the existing church yard will not last more than the next few years. The extended boundary wall shown in the proposed plans will form the first phase of the preparatory works for the extended church yard. 11. The rector writes that planning permission was granted for the larger church yard in the 1960s - the historic planning records suggest that the church yard was originally granted planning permission in 1968. This includes some or all of the current application site as well as land further to the south. If this is the case, then permission already exists to extend the church yard into the site by reason of the original permission having been implemented and remaining extant. 12. In any event, the church yard extension is intended to serve the local community. It will provide a valuable facility for which the local rector confirms that there is a need. The principle of development is considered wholly acceptable. The effect of the Proposal upon the Character and Appearance of the Area 13. In visual terms, the site will provide a natural extension to the existing church yard. It is enclosed on its north, east and south sides by the existing boundary hedge and trees, and the proposal would have a limited impact on the character and appearance of the wider area. The stone boundary wall to the existing church yard will be extended to enclose the new burial area. The walls will be constructed from traditional Manx stone and will be finished to match the existing. There will be two pedestrian gates in the wall and their design will match the existing cemetery gates. There are a number of visually mature trees on the boundary of the site and these should be unaffected by the proposal. However, it is considered necessary to ensure that tree protection measures are in place during the construction phase. This can be controlled by means of a planning condition. It is considered that the proposal will not harm the visual amenity of the area and that the character and appearance of the area will be preserved. Access and transportation 14. The Highways Division offers no objection to the application and it is considered that the proposal will not result in any adverse access or transportation impacts. Other considerations 15. It is considered that the proposal would not result in harm to neighbour amenity or adversely impact on any other land-use planning considerations. RECOMMENDATION 16. It is recommended that the planning application is approved with conditions. PARTY STATUS 17. The Local Authority, Lezayre Parish Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status. 18. The Highways Division is part of the Department of Infrastructure and is not an interested party. ## Recommendation Recommended Decision: Permitted Date of 17.05.2013 Recommendation: ## Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
0 : 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 approval for the extension of the church yard relates to the application form, Drawing Numbers 08 0479/1, 08 0479/2 and 1003B 01 received on 05 March 2013 only. C 3. No works to implement this planning permission shall be carried out unless tree protection measures that accord with British Standard 5837:2012, or such other standard or specification which shall have first been submitted to and approved in writing by the Planning Authority, have been put in place. The tree protection measures shall be retained for the full duration of the construction phase. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : 29/5/13 Ofted reomundurim. Signed : Ed Baker Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate --- *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/4119-lezayre-churchyard-churchtown-off-extension/documents/1172635*