**Document:** DEC Decision Notice
**Application:** 13/00528/B — Alterations to existing front wall to create additional on site parking
**Decision:** Permitted
**Decision Date:** 2013-06-21
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/4361-union-mills-old-chapel/documents/910533

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# DEC Decision Notice

## Isle of Man
### Government

*Scilly's Ellen Vanne*

Penketh - Millar
23 West Quay
Ramsey
Isle Of Man
IM8 1DL

### Town and Country Planning Act 1999

#### The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to **APPROVE** a planning application by Mr Timothy Leeming, Ref 13/00528/B, for the Alterations to existing front wall to create additional on site parking at Old Chapel Main Road Union Mills Isle Of Man IM4 4AD subject to compliance with the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

**Reason:** To accord with the provisions of Section 13(1) of the Town and Country Planning (Development Procedure) Order 2005.

2. The development hereby permitted shall not be carried out except in full accordance with the following plans 10 0765 4 Rev A received on 28th May 2013.

Date of Issue:
21st June 2013

*M Gallayher*

Director of Planning and Building Control

#### Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

- The time for requesting an appeal has expired; or
- Any appeal has been determined;

Whichever is the later.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; planning@gov.im
$13 / 00528 / B$

## Planning Officer Report And Recommendations

[Table omitted in markdown export]
### Officer's Report

#### 1.0 The Site

1.1 The application site is the curtilage of Old Chapel, Main Road, Union Mills which has been converted to provide office accommodation. The site is situated to the northern side of the Main Road. There is a stone boundary wall which runs along the front of the site which has a narrow entrance in the stone wall.

1.2 There are two large mature trees at the front of the site which contribute to the character and appearance of the site and street scene in general.

#### 2.0 The Proposal

2.1 The application seeks approval for the alterations to the existing front wall by removing part of the wall from the side and infilling the entrance to continue the wall along the boundary. The alterations are proposed to provide additional parking spaces within the curtilage of the site.

2.2 The area in close proximity to the trees would be finished using a tree root protection system which would be finished using gravel, the remaining area would be brick paved.

#### 3.0 Planning History

3.1 There following previous planning applications are considered relevant in the assessment of the current application: PA 88/00154/B Conversion of former chapel to office accommodation – permitted PA 90/01303/B Conversion of first floor of chapel to form office accommodation – refused PA 93/01376/D Provision of advertising sign – permitted on review PA 07/01623/B Installation of roof lights – permitted PA 11/01266/B Alterations and two storey extension to provide additional office accommodation – permitted

#### 4.0 Development Plan Policies

4.1 The application site is identified as The Chapel within an area of Predominantly Residential Use identified on the Braddan Local Plan 1991. The site has an extant use as office accommodation. There are no specific policies relating to the proposed works, however, it is considered that General Policy 2 would be appropriate in the assessment of the application.

## 4.2 General Policy 2

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;
I) 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.

#### 5.0 Consultations

5.1 Highways Division have made the following comments: "This application will remova an existing vehicular and pedestrian access and willl have no adverse traffic impact"
5.2 Braddan Commissioners have no comments to make on this application.
5.3 The Department of Environment, Food and Agriculture have advised that any excavation near to the roots is likely to cause damage and impair the health of the trees. They have recommended a no-dig solution.
5.4 Manx Electricity Authority have expressed an interest in the application.

#### 6.0 Assessment

6.1 The application seeks approval for alterations to the front boundary wall to provide additional parking spaces. The main issues to consider in the assessment of the application are the impact upon the character and appearance of the street scene and the impact upon highways safety.
6.2 The removal of the gate pillars and part of the stone wall would alter the appearance of the site when viewed from the highway, but the continuation of the Manx stone wall would not adversely affect the appearance of the site when viewed from the highway.

6.3 It is considered that the alterations would provide further parking spaces and would not have an adverse impact upon highways safety.
6.4 The Arboricultural Officer has expressed concern regarding possible damage to the trees, having discussed this with the agent they have opted for a no-dig solution surorunding the trees. By doing this the two large trees are to be retained; it is felt that the loss of these trees would have a harmful impact upon the character and appearance of the street scene. It is considered that sufficient measures are in place to retain these trees.
6.5 For the above reasons the application is considered to be acceptable and is recommended for approval.

## 7.0 Party Status

7.1 The local authority, Braddan Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
7.2 The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
7.3 The Department of Environment, Food and Agriculture is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status.
7.4 The Manx Electricity Authority is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) Order 2005, and as such is not afforded party status.

### Recommendation

Recommended Decision: Permitted

Date of 20.06.2013

Recommendation:

### Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 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.

Reason: To accord with the provisions of Section 13(1) of the Town and Country Planning (Development Procedure) Order 2005.

C 2.
The development hereby permitted shall not be carried out except in full accordance with the following plans 10 0765 4 Rev A received on 28th May 2013.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted
Date : ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

PA13/00528/B Mr Timothy Leeming
Alterations to existing front wall to create additional on site parking, Old Chapel Main Road Union Mills Isle Of Man IM4 4AD
Planning Officer:
Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 07.05.2013, includes;

Dev Control Polygons:
Reference Number: 88/00154/B
Status: Permitted
Proposal: Conversion of former chapel to office accomodation, Corlett Sons and Cowley Ltd, Union Mills, Braddan

Reference Number: 07/01623/B
Status: Permitted
Proposal: Installation of roof lights
Reference Number: 11/01266/B
Status: Permitted
Proposal: Alterations and two storey extension to provide additional office accommodation

Reference Number: 93/01376/D
Status: Permitted on Review
Proposal: Provision of advertising sign, Octagon Workshop, Burnside Lane, Main Road, Union Mills, Braddan.

Reference Number: 90/01303/B
Status: Refused
Proposal: Conversion of 1st floor of chapel to form office accommodation, Former Chapel, Main Road, Union Mills, Braddan.

BC Case Polygon:
Reference Number: 08/07564/OTH
BC Case Status: Building Work Complete
Proposal: Replacement roof together with installation of roof lights and conversion of roof space to offices

Reference Number: 12/07355/OFF
BC Case Status: Plans Approved
Proposal: Proposed alterations and two storey extension to provide office accommodation

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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/4361-union-mills-old-chapel/documents/910533*
