**Document:** Officer Report **Application:** 18/01205/B — Creation of a swimming pool **Decision:** Permitted **Decision Date:** 2018-12-24 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/12194-maughold-thie-y-chleree/documents/987794 --- # Officer Report **Application No.:** 18/01205/B **Applicant:** Miss Lily Mo & Miss Faye Moffett **Proposal:** Creation of a swimming pool **Site Address:** Thie Y Chleree Church Road Maughold Isle Of Man IM7 1AS **Planning Officer:** Mr Nick Salt **Photo Taken:** 30.11.2018 **Site Visit:** 30.11.2018 **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 17.12.2018 _________________________________________________________________ ## Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions - 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. The swimming pool shall be retained for use solely by the owners/occupiers of Thie-YCheree, Maughold and for purposes ancillary to the enjoyment of the dwelling. The swimming pool shall not be used for any commercial purposes such as leasing or health/fitness classes. Reason: To preserve the special character of the area, restrict the impact of traffic on nearby roads, and protect the residential amenity of neighbours. N 1. The applicant is advised to take account of the following recommendations from the DEFA Minerals Advisor: "Recommendation: DEFA holds information which suggests that the proposed development could lie within close proximity to old mine workings. Prior to any site development, appropriate site investigation should take place to ascertain the presence of any mine workings that could underlie the property in which the development is to take place. We would recommend a non-intrusive investigation in the form of geophysical survey. If the results of the investigation reveal the presence of mine workings then appropriate measures will need to be incorporated into the design of the proposed development. Liability: Under the Minerals Act 1986, ownership of all mines and minerals is vested with the Department of Environment, Food and Agriculture (DEFA). The developer is advised that in accordance with the provisions of the Minerals Act 1986, should a collapse of the mineworkings occur as a consequence of the proposed development, DEFA will not be held liable for any damages caused. " Whilst not a condition to approval, the applicant should take this information on board when undertaking excavation works on the site. ### Plans/Drawings/Information; This permission relates to the following plans and drawings, date stamped received on 15th November 2018: - o 14 1083 28 - Site section and location plans - o 17-174-208 - Proposed garden/pool block plan - o Photographs (x2) and pool details. _______________________________________________________________ ### Interested Person Status – Additional Persons It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4): Glebe Cottage, Maughold as it is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. Furthermore, they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________ ### Officer’s Report 1.0 SITE - 1.1 The application site is the residential curtilage of 'Thie-y-Chleree', Maughold Village. The site is within the centre of Maughold Village, with 'The Old Vicarage' to the west, set back from Maughold Road by over 20 metres. - 1.2 The site dwelling, as with others in the immediate area, is a two storey Manx vernacular style dwelling, with slate roof and informal painted render. Unusually, the building features a two storey castellated flat roof projection at the front elevation. To both the front and rear of the curtilage are large gardens, there is a detached garage at the north west corner of the site. The rear of the site is bounded by hedging with the agricultural fields behind. - 1.3 The site is within the Maughold Conservation Area. 2.0 THE PROPOSAL - 2.1 Proposed is the installation of an external swimming pool to the east of the garage at the rear of the site curtilage. The swimming pool would measure 9m long, 2.6m wide and 1.5m deep. It is proposed that it would be accompanied by a natural cobbled stone path, decking and other minor alterations to the rear garden layout. The pool would sit completely below ground level. ## - 3.0 PLANNING POLICY 3.1 The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as of High Landscape Value and Scenic Significance, within an area of ecological interest and within the perimeter of the site of a scheduled Ancient Monument (St. Maughold's Church). The site is also within Maughold's Conservation Area. - 3.2 The Isle of Man Strategic Plan 2016 policies of material relevance to the consideration of this application are set out below. - 3.3 Strategic Policy 4 states: "Proposals for development must: - (a) protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National heritage Areas and sites of archaeological interest; - (b) protect or enhance the landscape quality and nature conservation value or urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and - (c) not cause or lead to unacceptable environmental pollution or disturbance" 3.4 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 3.5 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape of Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce difference categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: - a) the development would not harm the character and quality of the landscape; or - b) the location for the development is essential." 3.6 Environment Policy 35 is perhaps the crucial policy: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." This echoes the provision of Planning Policy Statement 1/01, policy CA/2, which states: "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected." ## - 4.0 PLANNING HISTORY 4.1 The site and surrounding area has been the subject of a number of past planning applications, the following are considered materially relevant to this application: - o 91/00157/B - alterations and extensions, Thie-ny-Chleree, Maughold. APPROVED. - o 12/00476/B - demolition of existing rear extension and erection of a replacement two storey extension and detached double garage. APPROVED. - o 15/00880/B - Demolition of existing rear extension and replacement extension, erection - of a detached double garage (comprising amendments to PA 14/01195/B). APPROVED. ## - 5.0 REPRESENTATIONS 5.1 Garff Commissioners have no objections to the proposal. They note the natural screening at the Application site, and that the site is within the Maughold Conservation Area. They also note the relevance of Environmental Policy 35 to the application. (13.12.18). 5.2 The owner/occupiers of Glebe Cottage, Maughold have expressed concern that the excavation for the pool may cause a collapse into a shallow mining tunnel of one of the local Iron ore workings: "This already once dragged down some graves in the Churchyard and even if the excavation for the swimming pool does not reach it, there is a risk that the weight of water when it is filled, might cause a collapse. These mine workings form an underground drainage system and, if blocked, might cause flooding problems to adjoining properties, such as the two former Vicarages, the Pink House and the Glebe Farm buildings now converted into a dwelling. (Not to mention the Church Hall) These considerations/warnings, need to be borne in mind, we feel." The consultee notes that the concerns raised are not specifically related to planning but are general concerns. (17.12.18). 5.3 Following the above comments, the case office made contact with the DEFA Environmental Officer responsible for mining activity. Following conversations with DEFA's Minerals Advisor (Waddell Armstrong LLP), the following information was provided (21.12.18): - o A map had been provided showing an approximate location of an old mine adit. - o This adit lies within 5 linear metres of the proposed swimming pool - o As it is not known what the exact zone of influence of the mine is, and the exact details - of the adit needs to be assessed via a geophysical survey. - o DEFA have ownership of all mines under the island according to the 1986 Minerals Act, but would not be liable for any damages or collapses occur as a result of development. - o A collapse of the old mine workings could cause a build-up of water behind the collapse and cause a 'blowout' further up the flow of the water in the mine - potentially damaging nearby properties. ## - 6.0 ASSESSMENT 6.1 In assessing this proposal, it is important to have specific regard to the character and appearance of both the site itself, and the surrounding area. No impact on neighbours would result as the use of the proposed pool would be within, and ancillary to the use of, Thie Y Chleree and would not be visible - particularly from The Old Vicarage to the west (the closest property). 6.2 The swimming pools proposed position to the rear of the site, adjacent to the existing garage and below the ground level, would ensure that it is not visible from the lane to the west of the site, or Maughold Road. It would be screened and kept within the curtilage of the dwelling. In this respect, the proposal would preserve the special character of the Maughold Area and nearby Ancient Monument and the character and appearance of the site itself. It would have negligible visual impact. - 6.3 With regard to the representation from Glebe Cottage, the Minerals Advisor was consulted as outlined in 5.3. The concerns and information presented by the DEFA Officer and the Minerals Advisor are noted, and it is concluded that the applicant should be aware and is advised to carry out a geophysical survey of the area prior to commencement of works. ## - 7.0 CONCLUSION 7.1 The proposal is in keeping with the requirements set out in the aforementioned policies as discussed above, and is therefore acceptable. - 8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), 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 - (d) Highway Services Division of Department of Infrastructure and - (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine: - o Whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and - o Whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation. Decision Made : Permitted Date : 21.12.2018 Determining officer Signed : S BUTLER Stephen Butler Head of Development Management ## Customer note ## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records. --- *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/12194-maughold-thie-y-chleree/documents/987794*