**Document:** Appeal Submission (Part 8 of 10) **Application:** 15/01095/A — Approval in principle for the erection of a detached dwelling and creation of a vehicular access for Rheast Mooar House **Decision:** Permitted **Decision Date:** 2015-11-19 **Parish:** Lezayre **Document Type:** appeal / appeal_submission **Source:** https://planningportal.im/a/6586-lezayre-rheast-mooar-house-andreas-road-dwelling-outline/documents/921328 --- # Appeal Submission (Part 8 of 10) ## Balmer, Chris **From:** Chris Penketh **Sent:** 15 October 2015 13:35 **To:** Balmer, Chris **Subject:** RE: PA 15/01095/A Rheast Mooar, Ramsey Hi Chris, Thanks for your email below and listening to us and taking the common sense approach with regards to Andrew's comments on the trees considering this is an approval in principle application. I will add the missed tree on both plans this is an error by the surveyor IOM Groundmodels, not us. We will issue 4 hard copies of each in the post for your attention. Please note that the indicative foot print shown on the plan will require this tree to be removed and we will show that on the amended plan, but the final design of the house, at the reserved matters application, could take into account this existing tree and retain it, as we discussed previously. By with all the other matters you raise being addressed at the follow on reserved matters application and conditioned appropriately as such at this stage. I will hope to get the amended drawings to you early next week. In the meantime if you have any questions please do not hesitate to contact our office. Regards, Chris Penketh. --- **PENKETH - MILLAR** **ARCHITECTURAL DESIGN CONSULTANTS** **Phone:** 01624 813219 or 814178 **Email:** mobile: 07624 410273 **Web:** penkethmillar.co.uk --- **From:** Balmer, Chris [mailto:Chris.Balmer@gov.im] **Sent:** Wednesday, October 14, 2015 11:21 AM **To:** 'penkethmillar@manx.net' **Subject:** RE: PA 15/01095/A Rheast Mooar, Ramsey Hi Chris P, I have now chance to visit the site. I have not looked at the application detail/planning history etc, but my initial thoughts are that a dwelling could be provided on the site without affecting the trees on the site and therefore, the issues address by Andrew could be conditioned for a Reserved Matters stage. I did note that Andrew was correct, a tree has been missed from all the plans (I believe it is approximately in the location of where the corner of the proposed garage) - please see photo attached. Could you provided an update plans ( 4 copies of each) showing the tree. This won't need the application to be re-advertised. In terms of other matters, I noted that improvements to the existing access could be undertaken, albeit highways have not sought such improvements. I believe it just make sense to try improve the access for future residents. This could easily be achieved by cutting the existing roadside hedge away and perhaps replanting a hedge behind the splay, into the site (please see phot 2 attached). This could again be address at a reserved matters stage and I would seek to attach a condition requiring this? Would this be acceptable to your client? Regarding the new access to the existing dwelling, the existing fencing which doesn't have planning permission, would need to be removed as this currently blocks the visibly splay of the new access. I presume the applicant would have no objection to this fence being removed. I would add I do not think the fencing is appropriate and the hedgerow should be reinstated (please see google image of previous hedgerow). Again this issue would be addressed at a Reserved Matters stage, but I would suggest the fencing that currently exists wouldn't be acceptable as a roadside boundary on the two sites. I would be grateful for any comments you may have? Regards Chris Any views expressed in this email are those of the officer only and are without prejudice to any formal decision made under the provisions of the Town and Country Planning Act 1999 and any relevant secondary legislation. Please be aware that should the content of this email be materially relevant to a planning application, its content will be published as detail relevant to the formal assessment of the consideration. Publication will include availability via online services. From: Balmer, Chris Sent: 08 October 2015 09:08 To: 'penkethmillar@manx.net' Subject: FW: PA 15//01095/A Rheast Mooar, Ramsey Hi Chris, I have not considered the above application at all at this stage, but I note we have received the below email form Forestry. I would be grateful if the information required can be provided. Regards Chris Any views expressed in this email are those of the officer only and are without prejudice to any formal decision made under the provisions of the Town and Country Planning Act 1999 and any relevant secondary legislation. Please be aware that should the content of this email be materially relevant to a planning application, its content will be published as detail relevant to the formal assessment of the consideration. Publication will include availability via online services. From: Igoea, Andrew Sent: 07 October 2015 11:04 To: DEFA, North Planning Enquiries Subject: PA 15//01095/A Rheast Mooar, Ramsey Dear Sir/Madam, I would like to make the following comments regarding the above application: The information provided is not enough to demonstrate that the constraints imposed by trees have been properly considered. With the exception of a young copper beech all the trees that will potentially be affected by this development are large mature specimens with a high amenity value. Part of the site is a registered tree area under the Tree Preservation Act (shaded red): BS5837 recommends that a topographical survey should: - a) Show the position of all trees, within and adjacent to the site (up to 12m from the boundary), with a stem diameter of 75mm or more measured at 1.5m above ground level - b) Record spot levels at the base of trees - c) For individual trees, record the crown spread taken at four cardinal points; for woodlands or substantial tree groups, the overall extent of the canopy The topographical provided does not meet this specification. Moreover, it doesn't represent what is currently on the ground. The attached annotated plan shows that a large mature ash tree has been missed off the survey. An accurate plan of canopy cover is really the minimum requirement to properly assess the above ground constraints represented by trees. Ideally, works required for access and construction activity should also be considered. Below ground constraints should be represented root protection areas (RPA's), calculated as per BS5837. Information on the above and below ground constraints should be collated in to a tree constraints plan which can be laid over proposed block plan. As well as constraints to the actual construction process, a realistic assessment of the probable impact of the retained trees on the 'livability' of the property should also be considered. For example, shading of buildings and open spaces will be an issue on this site and there may be future pressure for removal from the perception of risk/safety issues and potential damage to property and concerns nuisance caused by seasonal debris (i.e. blocked gutters, leaves on garden ![A site plan showing a shaded plot of land adjacent to a building labeled 'Rheast Mooar House' near Andreas Road.](https://images.planningportal.im/2015/10/101597.jpg) etc). The objective should be to achieve a harmonious relationship between the trees and houses which can be sustained in the long term. IF approved, as part of a future reserved matters application I would advise that planning control request that, additional to the information required at this stage, an arboricultural report be submitted, consisting of 2 sections: 1. **Arboricultural impact assessment** - This should evaluate the direct and indirect effects of the proposed design considering: - I. The tree removal and tree work required to implement the design - II. Potentially damaging activities in the vicinity of retained trees - III. The installation of hard surfaces - IV. The installation of services - V. The location and dimensions of all the proposed excavations and changes in ground level - VI. The 'buildability' i.e. adequate access, working space, provision for storage of materials etc. 2. **Tree protection plan** - Superimposed on a layout plan, this should - I. Clearly indicate the precise location of the protective barriers that will be erected to form an exclusion zone around the retained trees - II. Gives a specification for protective barriers which meets BS5837 - III. Clearly show where construction activity cannot/will not be excluded from the RPA - In the placement of protective barriers, consider the 'buildability' issues e.g. (access, contractors parking, space needed for excavations and construction work, working space for cranes, plant & scaffolding etc.) Regards, Andrew Igoea Forestry, Amenity and Lands Directorate | Department of Environment, Food and Agriculture Thie Slieau Whallian | Foxdale Road | St Johns | Isle of Man | IM4 3AS TEL: (+44) 01624 695705 | MOB: (+44) 07624 463081 | E-MAIL: andrew.igoea@gov.im Isle of Man. Giving you freedom to flourish NNG: This email message and any files transmitted with it are confidential and may be subject to legal privilege. You must not copy or deliver it to any other person or use the contents in any unauthorised manner without the express permission of the sender. If you are not the intended addressee of this e-mail, please delete it and notify the sender as soon as possible. No employee or agent is authorised to conclude any binding agreement on behalf of any of the Departments or Statutory Boards of the Isle of Man Government with any party by e-mail without express written confirmation by a Manager of the relevant Department or Statutory Board. RAAUE: S'preevaadjagh yn çhaghteraght post-I shoh chammah's coadanyn erbee currit manish as ta shoh coadit ec y leigh. Cha nhegin diu colpal ny cur eh da pelagh erbee eftey ny ymmydey yn chooid t'ayn er aght erbee dyn kied leayr veith'n choyrtagh. Mannagh nee shiu yn enmyssagh klant jeh'n phost-I shoh, doll-shiu magh eh, my sailliu, as cur-shiu fys da'n choyrtagh cha leah as oddys shiu. Cha nel kied currit da felleydagh ny jantagh erbee conaant y yannoo nsh pelagh ny possan erbee lesh post-I er son Rheynn ny Boayrd Slattyssagh erbee jeh Reittys Ellan Vannin dyn co niartaghey soruit leayr veih Reiteyder y Rheynn ny Boayrd Slattyssagh t'eh bentyn rish. ![A panoramic photograph showing a road junction with a driveway entrance on the right, flanked by trees and hedges, with a white house visible in the background.](https://images.planningportal.im/2015/10/101598.jpg) - ![A photograph showing a paved access road or driveway entrance featuring a blue directional sign and a white boundary wall with brick pillars on the left.](https://images.planningportal.im/2015/10/101599.jpg) s ![A photograph showing a wooden boundary fence with lattice detailing running alongside a paved path, with trees and a speed limit sign visible in the background.](https://images.planningportal.im/2015/10/101600.jpg) ![A photograph showing a wooden fence with lattice top running along a roadside, with a speed limit sign and trees in the background.](https://images.planningportal.im/2015/10/101601.jpg) $\bullet$ ![A photograph showing a wooden fence with a wavy top rail and lattice detailing running alongside a paved path or driveway leading into a wooded area.](https://images.planningportal.im/2015/10/101602.jpg) - ![A photograph showing a wooden fence with lattice detailing along the left side of a residential road, with houses visible in the background.](https://images.planningportal.im/2015/10/101603.jpg) ![A panoramic photograph showing a long wooden panel fence with decorative lattice tops running along a property boundary. Trees and foliage cast shadows across the fence, with a white house partially visible in the bac...](https://images.planningportal.im/2015/10/101604.jpg) ![A panoramic photograph showing a large grassy lawn bordered by a wooden fence on the left and mature trees in the background, with a paved driveway and parked cars visible on the right.](https://images.planningportal.im/2015/10/101605.jpg) ![A photograph showing a grassy plot of land with a large central hedge and mature trees, with a white house visible in the background.](https://images.planningportal.im/2015/10/101606.jpg) ![A panoramic photograph showing a grassy area with trees and a driveway or path leading into the background.](https://images.planningportal.im/2015/10/101607.jpg) ![A panoramic photograph showing a grassy plot of land bordered by a wooden fence on the left and mature trees and hedges in the background.](https://images.planningportal.im/2015/10/101608.jpg) ![A panoramic photograph showing a grassy garden area with mature trees and a wooden fence, with a white detached house visible in the background.](https://images.planningportal.im/2015/10/101609.jpg) ![A photograph showing a grassy plot of land with mature trees and shrubbery, with glimpses of residential buildings in the background.](https://images.planningportal.im/2015/10/101610.jpg) ![A close-up photograph showing the base of a large bush or tree stump next to a paved road or driveway edge. The ground is covered in fallen leaves and vegetation.](https://images.planningportal.im/2015/10/101611.jpg) ![A photograph showing a paved driveway or path winding through a grassy area with large bushes and trees, likely illustrating the existing site conditions for the proposed access.](https://images.planningportal.im/2015/10/101612.jpg) ![A photograph showing a paved driveway or path winding through a grassy area with large bushes and trees.](https://images.planningportal.im/2015/10/101613.jpg) --- *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/6586-lezayre-rheast-mooar-house-andreas-road-dwelling-outline/documents/921328*