**Document:** Officer Planning Report **Application:** 09/00752/B — Creation of a bin store, erection of fencing and removal of diseased trees **Decision:** Permitted **Decision Date:** 2009-07-20 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/63009-malew-rushen-abbey-hotel-fence/documents/1375697 --- # Officer Planning Report **Application No.:** 09/00752/B **Applicant:** Manx National Heritage **Proposal:** Creation of a bin store, erection of fencing and removal of diseased trees **Site Address:** Rushen Abbey Hotel Rushen Abbey Ballasalla Isle Of Man IM9 3DB ### Considerations Case Officer: Miss S E Corlett **Expected Decision Level:** Senior Planning Officer ### Written Representations ### Consultations Consultee : Drainage Division Notes: No objection subject to the following conditions:- Consultee : Highways Division Notes : Consultee : Malew Parish Commissioners Notes: Do not object. ### Officer's Report ### The Site The site represents the immediate curtilage of the former Rushen Abbey Hotel, a detached building situated to the south west of the ford separating Rushen Abbey from Mill Road. The site accommodates the former hotel/public house which is in the process of being converted to a cafe facility in association with the interpretative facilities at Rushen Abbey, operated by Manx National Heritage. ### Planning Status The site lies within an area of an Area of High Landscape or Coastal Value and Scenic Significance on the Isle of Man Planning Scheme (Development Plan) Order 1982 and also within the Silverdale Conservation Area. ### Planning History Planning permission has been recently granted for the conversion of the former public house to cafe facilities which are accessible from within the Rushen Abbey site and also which can be operated independently and with living accommodation above - PA 07/2201. Planning permission was granted for the development of two dwellings on the car park site opposite under PA 98/1657 and more recently an application submitted by the local authority for sheltered housing on the site was withdrawn following concerns expressed about flood risk and the protection of trees. ## **THE PROPOSAL** Now proposed is the creation of an access within an existing wall to create pedestrian access to a bin store with new dark brown paving. Also proposed is the introduction of new fencing around the side of the building and the building up of the existing stone wall towards the rear of the side. The side is presently unenclosed, exposing the side of the building. The plans show the removal of trees which have already been authorised by daff and whose removal is not necessitated by the works proposed in this application. The alterations shown to the building have already been approved under the provisions of PA 07/2201. **REPRESENTATIONS** Malew Parish Commissioners indicate that they have no objection to the application Department of Transport Drainage Division wish to note that the area may be prone to flooding. The proposed development does not influence this and as such is not relevant to any planning decision notice. **ASSESSMENT** The Department is required to seek to improve the character and appearance of the building and the area in which the building is situated under the provisions of Planning Policy Statement 1/01 and Environment Policy 35 of the Strategic Plan. The works are part of a wider scheme to upgrade and introduce a new use for the former public house and which will significantly enhance the appearance and character of the property. The introduction of the fencing, which is hurdle style, rather than simple vertical boarding, will enclose part of the curtilage which will create usable space within the curtilage and which from the outside will define the curtilage of the public house. The surrounding area has a number of undefined areas – the grassed area opposite where parking occurs and where the recycling bins are situated and the large open parking area in front of the application building which lead to an unmanaged character which would be improved by the introduction of the fencing and walling as proposed. As such the proposal is considered to accord with the policies cited above and is recommended for approval. ## **PARTY STATUS** 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. **Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 01.07.2009 1 July 2009 09/00752/B Page 2 of 3 ## 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 permission relates to the creation of access, paving, walling and fencing all as shown in drawings K137/P/12-01, -12-02, -10-01, -10-01, -10-02 and -10-03. I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer Decision Made : Permitted Date : Signed : Senior Planning Officer --- *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/63009-malew-rushen-abbey-hotel-fence/documents/1375697*