DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Applicant: Mr & Mrs David Pearce Proposal Proposed variation of condition of approval No 1 to P.A. 19/00778/B, for an extension of time, proposed conversion and extension to outbuilding to create a residential dwelling Site Address Former Barn To The Rear Of The Auburns 19 Lezayre Road Ramsey Isle Of Man Case Officer : Mr Paul Visigah Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 17.07.2023

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Prior to the commencement of the development hereby approved an updated Flood Risk which is modelled around the predicted flood level to AOD (above ordnance datum) for the site and area shall be submitted to and approved in writing by the Department. This flood risk assessment must adhere strictly to the requirements set out in Appendix 4 of the Strategic Plan.

The development must be carried out in accordance with the recommended flood resilience measures stipulated in the updated Flood Risk Assessment, unless otherwise agreed in writing by the Department.

Reason: To safeguard the amenities of prospective occupiers and to ensure the development complies with Environment Policy 10 & 13 of the Strategic Plan.

• C 3. No development shall commence until a bat and bird survey has been submitted to and approved in writing by the Department. The survey shall identify impacts on bat and bird species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details. Reason: In the interest of biodiversity within the site.

• C 4. All external elevations (with exception of dormers) shall be finished in natural traditionally laid stone. Reason: To retain the original character and appearance of the barn.
• C 5. The roof of the building shall be finished in natural slate. Reason: To retain the original character and appearance of the barn.
• C 6. All windows on the proposed dwelling shall be timber framed and designed as per the approved drawings. Reason: In the interests of the character and appearance of the traditional building.
• C 7. All work of making good shall be finished to match exactly the existing building fabric in respect of type, size, colour, bond, pointing, coursing, jointing, profile and texture. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken under the following classes of Schedule 1 of the Order at any time:

• Class 13 - Greenhouses and polytunnels
• Class 14 - Extension of dwellinghouse
• Class 15 - Garden sheds and summer-houses
• Class 16 - Fences, walls and gates
• Class 17 - Private garages and car ports Reason: To control future development on the site.

This application has been recommended for approval for the following reason. Overall, it is considered that the proposal would result in acceptable impacts on other elements of the proposal which includes impacts on neighbours, visual impacts, highway safety and parking, as well as impacts on biodiversity (General Policy 2, Strategic Policy 1, Housing Policy 4, Transport Policy 7, Environment Policies 4 and 5). It is, however, important to note that the decision on flood impacts is finely balanced when assessed against the requirements of Environment Policies 10 and 13, and General Policy 2 (i) of the Strategic Plan, given that the development would not comply fully with Housing Policy 10 since the submitted Flood Risk Assessment does not comply fully with Appendix 4 of the Strategic Plan. Notwithstanding, the proposal has provided details of mitigation for potential flood impacts which would considerably diminish concerns for future occupants.

Plans/Drawings/Information; This decision relates to the submitted documents and drawings received 26 March 2023, Flood Risk Assessment Received 1 June 2023, and Percolation Tests received 21 June 2023.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

DOI Flood Risk Management Manx Utilities Authority Drainage ________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE PRINCIPAL PLANNER

1.0 THE APPLICATION SITE - 1.1 The application site is a parcel of land including a detached barn, located south of the adjacent dwelling The Auburns, 19 Lezayre Road, Ramsey - on the southern side of Lezayre Road. The barn is of moderate condition, with stone walls and wooden door openings throughout. Part of it is single storey and part two-storey, in roughly an 'L' shape. - 1.2 The building which is the subject of the planning application is an L-shaped two storey stone outbuilding which is situated at the rear of the main dwelling. This building is covered almost entirely in overgrown shrubs which now screens large sections of the outbuilding and contributes to the variety of biota on site.

1.2 The site has an access lane to the east of The Auburns which serves it, and the wider site is approximately the same size as The Auburns site. Large parts of the rear garden boundary where this barn is situated is covered in mature landscaping comprising trees and shrubs which mostly encloses the rear of the property. The ground level within this garden rises towards the boundary forming raised embankments on the boundary with the stream and the western boundary of the garden, with level differences between the embankments and garden site level set at between 400 to 600mm. - 2.0 PROPOSAL

2.1 The application seeks approval for variation of condition of approval No 1 to P.A. 19/00778/B, for an extension of time, proposed conversion and extension to outbuilding to create a residential dwelling. - 2.2 The approved works involved are outlined in the previous planning officer's report for PA 19/00778/B which states thus: "2.1 Proposed is the conversion and alteration of the barn to provide a residential dwelling on the site. The main structure of the existing two-storey part of the barn would be used, with the removal of the single storey mono-pitch roof garages and replacement with a two storey element with attached single storey garage in the approximate footprint of the existing garages. This building's proposed floor level would be set at 200mm above ground level.

2.2 The new parts of the building would be constructed to match the existing, using Manx stone and slate covered pitched roofs with concrete verges. The traditional double barn style doors would be retained at the ground floor level of the western part of the property. Two pitched dormer windows would be added to the north elevation, and railing to the existing external steps on the north elevation gable wall. Two 'conservation' roof lights are proposed for the south elevation, with new timber framed windows installed - 2.3 The proposal is a resubmission of the one approved in 2007 (07/01058/B), which has lapsed." - 2.4 The applicants has stated the following within the application form: o The proposed application is simply asking for an extension of time to the previous approval under P.A. No- 19/00778/B which expires on 7th October 2023. We would request an

• extension of 4 years, but if the Planning Department considers that this was excessive the applicant would be happy with a 2 year extension.
• 2.5 Given that the site is situated within a High Flood Risk Zone and as DOI Flood Risk Management Team had asked that the application must include a full comprehensive Flood Risk Assessment, the applicants were asked to provide a detailed flood risk Assessment for the site. In response to the request, the applicants submitted a Flood Risk Assessment prepared by Penketh-Millar Architectural Design Consultants which indicates two flood mitigation measures:

• a. The installation of the flood barriers to both existing and proposed external doors of the new dwelling. The location of the barriers are indicated in red on the flood barrier plan within the Flood risk assessment. Examples of proposed flood barriers are also indicated.
• b. The stone walls to the existing barn would be installed with a tanking system to a minimum height of 1200mm above the finished ground floor level. Typical system would be 'Sovereign Hey'di K11" tanking system. This is a slurry system applied to the internal face of the existing stone walls.

• 2.5.1 Other supplementary mitigation measures include the following:

• o Gullies should be kept free of fallen leaves in autumn as they can cause temporary blockages
• o Regularly clean out the gutters, drains and drainage channels.
• o Prevent the discharge of fat down drains as this will block them.
• o A grease/fat trap is to be installed on the line of the existing foul drain as part of the proposed works.
• o Make sure the property is fully insured (particularly specialised flood insurance).
• o Provide a flood kit and keep this is in a handy place (torches, first aid kit, essential medicine etc.)
• o Ensure occupants familiarise themselves with how to shut-off gas, electricity, oil-fired heating and water supplies, even in the dark
• o Keep a list of useful contact numbers, including Floodline - 686100 and DOI - 850000 / 672000.
• o Make sure all occupants know what to do and how to keep in touch if the area floods.
• o All new electrical works are to be located above the predicated flood level.
• o Ground floor finishes are to be water resistant such as ceramic tiles.
• o The internal wall finishes throughout the ground floor are to be robust. The proposed walls will be rendered rather than plastered, where possible.
• o Install air brick covers, if required. Current Flood Information does not provide the following:
• o Details of predicted flood level to AOD (above ordnance datum) for this site.
• o The position of electrical works within the ground proposed dwelling.
• o Details on extent and depth of flood events or on flood predictions, changes which have taken place along the stream course since the last flood event.
• o Details of any structures which may influence local hydraulics (resulting in the stream being blocked during severe floods or facilitating flow of flood waters. has been provided in the submitted Flood Risk Assessment.

2.6 The scheme is accompanied by Percolation test results prepared by Structural Engineering Services Ltd and dated 3 February 2023, which details the following:

• o With a calculated site Vp of less than 100 and no standing or infiltrating water in the test holes the site is considered suitable for surface water soakaways to be installed.
• o The area of test hole 4 drained slower than the other three test holes and it is therefore recommended that the area of test hole 4 is not utilised for soakaways.

2.7 No Ecological Assessment or supporting information has been provided to support the application.

- 3.0 PLANNING POLICY

3.1 The site is located within an area designated as 'Predominantly Residential Use' under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, and the site is not within a Conservation Area. There is no registered tree on site and the site is not within a Registered tree Area. The site is prone to high surface, river and tidal flood risk, with the proposed development area completely enveloped in the high flood risk zone.

3.2 The Ramsey Local Plan Written Statement (Planning Circular 2/99), has the following policies that are specifically relevant to the current site:

• 3.2.1 "Policy R/R/P3: Infill/Backland Sites Within areas zoned for Predominantly Residential Use there will be a general presumption against the development of those sites which provide attractive natural "breathing" spaces between established residential buildings. These sites will often include trees, mature landscaping, or simply green space. Any possible development of such sites should form the subject of consultation with the Office of Planning prior to submission of any application".
• 3.2.2 "Policy R/E/P3 Backland Development and Development in Grounds of Houses 7.20 There shall be a general presumption against backland development and development within grounds of large houses on those sites which are well landscaped within ample tree coverage".
• 3.3 In terms of strategic plan policy, the Isle of Man Strategic Plan contains the policies that are considered specifically material to the assessment of this current planning application:

• 3.3.1 Strategic Policy 1 states: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

• 3.3.2 General Policy 2 states: "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:

• (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;
• (l) 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;

• 3.3.3 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

• 3.3.4 Housing Policy 6 states: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
• 3.3.5 "Environment Policy 42 states: New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
• 3.3.6 Strategic Policy 3 (In part): Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character.
• 3.3.7 Spatial Policy 2: Outside Douglas development will be concentrated on the following Service Centres to provide regeneration and choice of location for housing, employment and services

• o Ramsey
• o Peel
• o Port Erin
• o Castletown
• o Onchan Area Plans will define the development boundaries of such centres so as to provide a range of housing and employment opportunities at a scale appropriate to the settlement.

• 3.3.8 Environment Policy 34 is of relevance given the age of the existing barn building: "In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred."

• 3.3.8.1 Environment Policy 43: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition."

• 3.3.9 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. Typical Residential: 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling."

• 3.3.10 Transport Policy 1: New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes.
• 3.3.11 Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to:

• (a) minimise journeys, especially by private car;
• (b) make best use of public transport;
• (c) not adversely affect highway safety for all users, and
• (d) encourage pedestrian movement

• 3.3.12 Environment Policy 10: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4."

• 3.3.12.1 Paragraph A.4.3 "The following plans must be included with the assessment:

• (a) A location plan at an appropriate scale that includes geographical features, and identifies all watercourses or other bodies of water in the vicinity, including drainage outfalls.
• (b) An appropriately scaled contoured plan indicating existing levels and levels following development.
• (c) A plan showing existing flood alleviation measures in the vicinity of the site together with details of their condition and performance.
• (d) A plan of the site showing any existing information on extent and depth of flood events or on flood predictions. Additional information provided can be anecdotal or photographic, and can include survey results or model estimates. Any changes which have taken place since the last event should be identified.
• (e) A plan of any structures which may influence local hydraulics, including bridges, pipes/ducts crossing the water course, culverts, screens, embankments or walls, overgrown or collapsing channels and the likelihood of their becoming blocked by debris.
• (f) A cross-section of the site indicating finished floor levels or road levels or other relevant levels relative to the source of flooding and to anticipated water levels and associated probabilities.

• 3.3.12.2 Paragraph A.4.4: Other information "The following additional information may also be required:

• (a) The probabilities and any observed trends and the extent and depth of floods for the location and, if appropriate, routes and speed of water flow. The effect of climate change on such probabilities should be examined.
• (b) The likely rate or speed with which flooding might occur, the order in which various parts of the location or site might flood, the likely duration of flood events and the economic, social and environmental consequences of flooding.
• (c) The hydraulics of any drain or sewers existing or proposed on the site (during flood events).
• (d) An estimate of the volume of water which would be displaced from the site for various flood level following development of the site.
• (e) The potential impact of any displaced water on neighbouring or other locations which might be affected subsequent to development.
• (f) The potential impact of any development on fluvial or coastal morphology and the likely longer-term stability and sustainability.

• 3.3.12.3 Paragraph A.4.5: Mitigation Measures Details of flood defence arrangements proposed must be provided and also an assessment of their behaviour in extreme events.

A.4.5.1 Any work on a watercourse, stream or a designated main river (and normally including the banks for a distance of 9m either side) requires the permission of the Department of Transport's Land Drainage Engineer in accordance with the Land Drainage Acts 1934."

• 3.3.13 Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted.
• 3.3.14 Environment Policies 4 and 5 seek to protect the ecology of sites and important habitats.

3.4 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are;

• 3.4.1 Community Policy 10: Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes.

• 3.4.2 Community Policy 11: The design and use of all new buildings and of extensions to existing buildings must, as far as is reasonable and practicable, pay due regard to best practice such as to prevent the outbreak and spread of fire.

• 3.4.3 Infrastructure Policy 5: Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources.

• 3.4.4 "Backland development" (which is development on the land at the back of properties) may also be acceptable in some circumstances, but only if satisfactory access can be achieved and if there is sufficient space to provide adequate amenity for both new and existing adjoining dwellings.
• 4.0 OTHER MATERIAL CONSIDERATIONS

- 4.1 RESIDENTIAL DESIGN GUIDE (2021)

• 4.1.1 Whilst not adopted planning policy, DEFA's Residential Design Guide (2021) is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions." Section 3.1 refers to local distinctiveness, 6.3 relates specifically to driveways and front gardens, and 7.0 deals with Impact on neighbouring properties are particularly relevant.

- 4.2 IOM BIODIVERSITY STRATEGY 2015 TO 2025

4.2.1 The strategic aims (In part):

• o Managing biodiversity changes to minimise loss of species and habitats.
• o Maintaining, restoring and enhancing native biodiversity, where necessary.

• 4.2.2 Habitat loss actions "21. DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for."

4.3 FLOOD RISK MANAGEMENT ACT (2013)

• 4.3.1 Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations.

- 5.0 PLANNING HISTORY

5.1 The application site has been the subject of a number of previous planning applications and it is considered that the following are specifically material to the assessment of this current planning application:

5.2 PA 07/01058/B for Alterations to and conversion of outbuilding to a dwelling. This application was approved by the Planning Committee in September 2007. The application proposed alterations to and conversion of outbuilding to a dwelling. The existing two storey aspect of the barn was to be retained and converted to a dwelling house, while the single storey garage extension was proposed to be demolished and replaced with a single/two storey extension.

5.3 PA 19/00778/B for conversion and extension to building to create a residential dwelling. This was approved in October 2019 and will lapse in October this year (2023). The proposal is a resubmission of similar scheme approved in 2007 under PA 07/01058/B, which has now lapsed. - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking (31 March 2023/6 June 2023).

6.2 DOI Flood Risk Management have made the following comments regarding the application (26 April 2023):

• o The proposed planning application is within an area that is subject to regular flooding from the Litney Stream.
• o FRM do not support the building/Change of use of a building to residential accommodation when it is within a flood zone.
• o This application proposes to situate sleeping accommodation on the ground floor which is not acceptable.
• o The application must include a full comprehensive Flood Risk Assessment.
• o They object to the application.

• 6.2.1 In response to the request for the submission of a Flood Risk Assessment, the applicants have submitted a FRA which was advertised/re-publicized on 9 June 2023 (for 21 days).

• 6.2.2 No further comments have been received from DOI Flood Risk Management.

6.3 DEFA Ecosystem Policy Team:

6.3.1 Consultation dated 12 April 2023: They requested that in order for the proposal to comply with Environment Policy 4 and 5 of the Isle of Man Strategic Plan and the Wildlife Act 1990, a preliminary assessment for roosting bats and nesting birds should be undertaken on the building by a suitably qualified ecological consultant prior to determination of the application (12 April 2023).

• 6.3.2 Correspondence dated 2 June 2023: Following consultations with the applicants, DEFA Ecosystem Policy Team have requested that a preliminary assessment for roosting bats and nesting birds should be undertaken prior to commencement of any works on the building.

6.4 Manx Utilities Drainage have made the following comments regarding the application (21 June 2023):

• o They advise that they have no separate surface water drainage in the area, and as such will not allow the SW into the combined system.
• o They request that the applicants confirm how SW will be discharged.
• o They state that if soakaways are going to be used, the applicants will need to demonstrate that the ground is suitable for a soakaway by carrying out a percolation test.
• o They state that they will need to see a copy of this before they can support the application.

• 6.4.1 Since the percolation test was submitted by the applicants on 3 February 2023, no further comments have been received from Manx Utilities Drainage.

6.5 Ramsey Town Commissioners have no objection to this proposal (26 April 2023/29 June 2023). - 6.6 No comments have been received from neighbouring properties.

- 7.0 ASSESSMENT

7.1 With applications like this which proposes a variation only of the time in which the previously approved development may be commenced, it is important to consider whether there have been any changes in policy or circumstance which would justify a decision different to that which was taken previously.

7.2 Since the initial approval there have been material planning changes which have arisen in terms of policy as the Island now has an Island-wide Indicative Flood Maps which were produced after decisions were made on the initial application (PA 19/00778/B). These maps clearly show the site to be within an area prone to high surface, river and tidal flood risk, with the proposed development area completely enveloped in the high flood risk zone. Given that Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations, the Flood Risk Impacts on the development would form an additional consideration beside the consideration of the time extension.

7.3 All other elements of the proposal which includes the principle of the proposed development, the impacts on the character and appearance of the barn, the impacts on the character and appearance of the site and wider area, the acceptability of the access and parking arrangements, the potential impact on the amenity of neighbours, the potential amenity for future residents of the proposed dwelling, as well as Ecological and environmental concerns would remain unchanged as the policy changes do not impact on these elements of the proposal.

- 7.4 FLOOD CONCERNS (EP 10, EP 13 & GP 2)

• 7.3.1 In considering the acceptability of the extension of time for the proposed conversion and extension to outbuilding to create a residential dwelling, it is considered that the site is in a high flood risk area for surface, river and tidal flooding which increases the flood vulnerabilities for future occupants of the proposed dwellings. The fact that application also proposes to situate sleeping accommodation on the ground floor (Bedroom 1 and 2) also increases the potential for increased flood vulnerabilities for future occupants of the proposed dwelling on site.
• 7.3.2 Notwithstanding the above factors which weigh against the proposal, the applicants have provided a Flood Risk Assessment which provides details of proposed mitigation measures that would serve to ensure that appropriate mitigation for flood impacts have been provided within the submission which indicates that the proposal satisfies part of Environment Policy 10. This, however, does not imply that the Flood Risk Assessment meets the requirements for a flood risk assessment are set out in Appendix 4, as this would be a matter for further consideration.
• 7.3.3 Another factor that may be considered to weigh in favour of the proposal is the fact that the applicants have provided percolation test results which serve to suggest that the site area largely drains properly, although there is recommendation that should a soakaway be installed on site, the area of test hole 4 would not be suitable as it drained slower than the other three test holes. This also implies that there is potential for waterlogging if heavy rainfall or flash floods occur, and if the stream overflows its banks at this part of the site.

• 7.3.4 Additionally, it is considered that the site is served by an embankment on the southern boundary which should serve to mitigate flood water ingress from the adjoining stream, with this embankment set about 1.28m higher than the normal stream level. Also, the scheme would utilise existing built fabric on site and as such would not impede existing avenue for flood discharge from the site or exacerbate flood intensity by increasing the scale of hardstanding areas on site. Accordingly, the proposal would not have an unacceptable risk from flooding offsite given the level of built form remains as existing (i.e. footprint of barn is the same).
• 7.3.5 It is, however, worth noting that the Flood Risk Assessment is not modelled around the predicted flood level to AOD (above ordnance datum) for the site and area. As such, it is difficult to ascertain the actual flood vulnerabilities for the site, to ensure that proposed window levels are above predicted flood levels, making the proposed mitigation which seeks to install flood barriers to both existing and proposed external doors debatable. This concern with the predicted flood levels may also impact on the position of electrical installations. Furthermore, it is also difficult to ascertain if the existing embankment would offer sufficient protection if floods occur during high tides or if the river is over recharged by flash floods from the surrounding area or river overflows.

- 8.0 CONCLUSION

8.1 The fact that the proposal submits a flood Risk Assessment which details proposed mitigation measures before, during and after flood occurrences weighs in favour of the application. The existing of an embankment on the site boundary with the adjoining stream is also a positive for the proposal. However, the submitted Flood Risk Assessment is not modelled around the predicted flood level to AOD (above ordnance datum) for the site and area which casts doubts as to the suitability of some of the mitigation measures proposed within the scheme.

8.3 Overall, it is concluded that although there are elements of the scheme which weigh against the proposal, the fact that the conversion of the existing barn to a dwelling has already been considered acceptable weighs in favour of the proposal. Moreover, the are no concerns in terms of impacts on neighbours, character of the existing site and locality, parking and highway safety, with the potential impact on biodiversity a matter that can be addressed via planning conditions. Besides, the proposal would serve to facilitate urban regeneration of this derelict barn which sits within a residential neighbourhood. It is, therefore, recommended that the planning application be approved subject to the recommended conditions. - 9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 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 above who should be given Interested Person Status.

9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. _______________________________________________________________

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : …Permitted……….... Committee Meeting Date:…24.07.2023

Signed :…………P VISIGAH……….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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.

PLANNING COMMITTEE DECISION 24.07.2023 PA No 23/00306/B Applicant Mr & Mrs David Pearce Proposal Proposed variation of condition of approval No 1 to P.A. 19/00778/B, for an extension of time, proposed conversion and extension to outbuilding to create a residential dwelling Site Address Former Barn To The Rear Of The Auburns 19 Lezayre Road Ramsey Isle Of Man Planning Officer Mr Paul Visigah Presenting Officer As above Addendum to the Officer Report

The Planning Committee considered the application at its meeting on 24 July 2023 and agreed with the recommendation to approve the application subject to the officer's amendment to Condition 1 to reduce the timing to two years.

The amended Condition 1 shall read: The development hereby approved shall be begun before the expiration of two years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.