**Document:** Officer Report **Application:** 14/01075/B — Extension to graveyard and creation of car park **Decision:** Permitted **Decision Date:** 2015-07-28 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/5367-rushen-part-of-field-extension/documents/913876 --- # Officer Report **Application No.:** 14/01075/B **Applicant:** Rushen Burial Ground Authority **Proposal:** Extension to graveyard and creation of car park **Site Address:** Part Of Field 414214 Church Road Port St. Mary Isle Of Man Case Officer : Miss S E Corlett **Expected Decision Level:** Planning Committee ## Officer’s Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NATURE OF THE APPLICATION ## THE SITE 1.1 The site is a piece of land which lies on the north western side of Church Road and to the south west of Barracks Road. It has a frontage to Barracks Road of around 160m and extends back towards the newly approved Ballakilley residential estate by 115m. The site abuts the residential estate. The site is L shaped and leaves an area which is around 105m by 125m between the site and Church Road. This is indicated as being a future graveyard (public open space). THE PROPOSAL - 2.1 Proposed is the creation of a car parking area and an area for an extended graveyard. The car park will be opposite the church and beside the triangle which separates the two entrances from Church Road into Barracks Road and will accommodate thirty vehicles. Two new pedestrian gates will be introduced alongside the treed triangle and the surrounding wall retained at 1200mm high. An area of grass at the north western end of the parking area will provide greater visibility for approaching and emerging vehicles and trees introduced at the north west and south eastern ends. The area will be finished in tarmacadam. 2.2 The spaces are less than the recommended width (around 2m compared with between - 2.4m and 3.6m). It would also be useful to have some spaces allocated to disabled drivers, spaces as close to the entrance to the church as possible. 2.3 Also proposed is the removal of short sections of wall to provide pedestrian access to the new area of graveyard. The new edge to the graveyard will be formed with a post and wire fence behind which will be planted a beech hedge. This differs from the original proposal which was for a blockwork wall. The planning officer raised concerns about the visual impact of this and indicated that a planted hedge and/or stone wall would be preferable. The applicant is not able to afford a stone wall along the length proposed. ## PLANNING HISTORY 3.1 There have been no planning applications submitted for this site. PA 13/00777/B proposed the development of 154 dwellings on the land to the south west. This contained reference to the land which is the subject of this current application, showing the land as partly within the landscaped fringe around the site. ## PLANNING POLICY AND STATUS 4.1 The land is within a larger parcel which includes the residential estate and the land to the north, abutting Ballafesson Road which is indicated on the Area Plan for the South as suitable for residential development but with additional land to be made available as public open space, recreation facilities, a churchyard and amenity land. The development brief in the Plan includes the following requirements: - 6. Rushen Church Cemetery Extension Provision must be made for a cemetery extension which may include an area for a green cemetery or natural burial ground (this is generally a burial area with no headstones, sculpted markers or permanent vases. There are normally no manicured lawns or paved roads/paths). This extension may, until such time as it is required, be used as public open space and laid out as such. The area intended for the cemetery extension must be shown on the Master Plan. - 7. The land identified in points 5 and 6 above must be available for such uses even if taken forward/delivered by others during or after the completion of the other elements of the development. It is recommended that in order to facilitate the provision of: - i. the sports pitches - that dialogue is maintained between the developer, landowner/trustees, the Ballakilley Working Group, local sports clubs and Local Authorities; and - ii. the Rushen Church Cemetery extension - that dialogue is maintained with the Rushen Burial Ground Authority." 4.2 The application site is identified on the Plan as "Playing Field/Public Open Space/Cemetery Extension (Proposed)". REPRESENTATIONS - 5.1 Rushen Parish Commissioners indicate that they do not oppose the application as originally proposed (23.09.14). However, on 16.01.15 the Rushen Parish Commissioners indicated the following: they met with the Vicar and Members of Rushen Burial Ground Authority on Wednesday evening to discuss the proposed extension to Rushen Burial Ground and, in particular the boundary with the Commissioners Public Open Space and Recreational field of which the extension is, at present, a part. After that meeting the Commissioners held a further meeting and they have all stated that their preference is for the boundary wall of the burial ground extension, which is two sides, should be a stone wall. They know that this would be expensive but it would be in keeping with the other boundary walls and would be robust and last for a very long time. However, they would be quite happy with the rest of the boundary, with the proposed car parking, to be a post and wire fence with a thorn hedge. It is very important that everyone in Rushen, Port Erin and Port St Mary (the Church Parish) who pay their Rushen Burial Ground Rate and who may have family buried there (or will in the future) can be very clear on what will be happening to their burial ground. There also has to be a public meeting organised by the RBGA for the people in the Parish so that they can give their approval in the first instance of the land being bought (for £5). The Commissioners' meeting with the RBGA was "very friendly" and all parties are all trying to work together to get this sorted out as soon as possible. It is now in the hands of the RBGA to move forward quickly and they will, no doubt keep us informed of any further plans they submit. 5.2 Department of Infrastructure Highway Services raise no objection but require that nothing higher than 1m is placed or planted within the visibility splay (24.09.14). 5.3 The owner of The Old Vicarage expresses concern that the notice was not displayed prominently and also that hedging will not grow in this exposed site and asks whether a sod hedge may be more appropriate. He is concerned that the proposed access to the car parking area will cause drivers to proceed with less caution than at present and as more people may be using it, will lead to a reduction in highway safety. Barracks Road was not included within the scope of the Ballakilley residential development and any traffic study for that so the impact of additional people using this road has not been assessed. He is not persuaded that there is a need for the car park as the area seems to cope adequately with the various functions and gatherings at the Church. The absence of any improvement in visibility around the corner and reduction in wall height before that will give drivers a false sense of security (15.01.15). ASSESSMENT - 6.1 The creation of off road parking will significantly improve access to and use of the church facilities and provide a safer environment for those using it and passing by. Whilst the owner of The Old Vicarage is right to be concerned with the increased usage and change in vehicular movements around a very restricted corner, through the introduction of the car park, there will now be an added reason for vehicles to driven more slowly and removing parked vehicles from the road should enable easier manoeuvring along this narrow roadway and less incidence of dangerously parked vehicles close to or on the corner. 6.2 The issue in this proposal of the materials and construction of the new boundary marking the edge of the new area for burials appears to have been resolved even though the Commissioners would clearly prefer a solid wall. All of the existing walling in the vicinity is built of Manx stone and this adds significantly to the character and attractiveness of the area, very distinct from the churchyard which is finished in bright white painted rendered walling. As such unless the new walling were finished in stone, the walling would be very much out of keeping with the character of the area. It is the case that stone walling is not affordable to the applicant. The proposal to now use post and wire fencing and a planted beech hedge will provide a soft but effective edge to the churchyard and is considered to be an acceptable compromise. 6.3 The application is recommended for approval. PARTY STATUS - 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: - (a) The applicant, or if there is one, the applicant's agent; - (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; - (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case, Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated. In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application. In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13: The owner of The Old Vicarage, Barracks Road whose property is directly opposite the application site. With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order. Recommendation Recommended Decision: Permitted Date of Recommendation: 20.07.2015 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals - 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. - C 2. Nothing higher than 1m may be placed, built or planted within the visibility splay of the new access onto the B46 (Barracks Road). Reason: in the interests of highway safety - C 3. The car park must be finished in tarmacadam unless otherwise approved in writing by the Department. Reason: to allow for other, less visually intrusive forms of hard surfacing to be considered. - C 4. The boundary of the cemetery and car park must be formed by a stock proof fence using concrete posts and a beech hedge as shown on the plans, or other vegetation if so approved in writing by the Department. Reason: to provide for alternative forms of vegetation should the beech hedge prove to be ineffective in this location. The advice of DEFA is recommended in this respect. - C 5. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. REASON: the landscaping of the site is an integral part of the scheme and must be implemented as approved. This approval relates to drawing 1A received on 22nd June, 2015 and the location plan received on 11th September, 2014. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority. Decision Made : Permitted Committee Meeting Date:…27.07.2015 Signed : Sarah Corlett Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph). Signatory to delete as appropriate YES/NO --- *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/5367-rushen-part-of-field-extension/documents/913876*