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"Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value." This does not preclude development and in fact on other sites of established woodland, including ones where development would be introduced within the canopy spread and within falling distance of these trees, development has been permitted. For example, PA 07/01826/B, at Farmhill Manor there was a large shed at the rear (a former piggery building) which was approved for demolition and redevelopment for seven apartments. Farmhill Manor is a Registered Building. The Inspector reporting on that application comments as follows "The most relevant policy is Strategic Plan Environment Policy 3. Before the issue is addressed it is worth considering the nature of this appeal site. It is designated as private woodland on the Douglas Local Plan. This designation is not defined. There is no explanation as to what development might be acceptable. DoLGE helpfully say this land use category should fall within the wider definition of "Open Space". This designation implies that the appeal site could be redeveloped for residential purposes providing the replacement building does not cover more than 5% of the whole of the site". He concluded that there would be no or no demonstrable harm to the Registered Trees and recommended approval of the application. It is suggested that the same conclusions can and should be applied to this current application site. The Forestry Officer has considered the scheme and has recommended that the development will not affect the specimen sycamore but that care should be taken to ensure that the roots and overhanging branches should not be damaged during construction. The accompanying tree survey states that whilst the canopy spread of some of the trees encroaches into the development area, this area is already characterised by compacted hardcore set at a lower level than the adjacent trees. There are proposed remedial works intended for one of the tree, the largest, to the north of the existing building, to address its current condition which would result in a consolidated crown which would be more resilient to the proposed works and less affected thereby. It is proposed to fence off the tree roots and to install protection, possibly by way of a lift of scaffold within the protected area and for careful inspection of the driveway whilst laying services to avoid tree root damage. Other work proposed around the trees involves the careful removal of stock piled soil, removal of ivy and cutting away dead wood, all of which will improve the life prospect of the trees. Setting aside any concern regarding the trees, the building is well designed and could be accommodated on the site without detriment to the setting of the access or the character of the area. There were clearly outbuildings and/or ancillary buildings associated with Lorne House - in the form of Lorne House Lodge, Stable Cottage and Coach House Cottage, at least two of which have been formed through the conversion of utilitarian buildings and the proposed building is considered to complement these existing buildings at the entrance to the site. Whilst lodge buildings are traditionally and generally, but not always required in conjunction with the occupation of a main dwelling, in this case the occupation of the proposed lodge is not considered to be required to be tied to that of Lorne House. The main issue is whether visually the property is complementary to the character and setting of the main dwelling which it is considered to be. It is likely that originally, the three dwellings to the north east of the proposed lodge were part of the Lorne House estate and are no more, without detriment to the operation and character of the main dwelling and its estate. As such, it is not proposed that there is a condition attached to any approval, tying the occupation of the proposed building to that of Lorne House. CONSERVATION OFFICER'S SUPPLEMENTARY REPORT: As the property is located within the Castletown Conservation Area designated in 1990, the content of this application has been considered with particular regard to Policy CA/2 SPECIAL PLANNING 31 January 2011 10/01644/B CONSIDERATIONS of Conservation Areas as set out within Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man. As commented on by the Planning Officer, Lorne House has been suggested for inclusion on the Protected Buildings Register in the draft Southern Area Plan, published on the 23rd October 2009. These proposals seek retrospective approval for the demolition of a former out building and approval for its replacement with a single storey dwelling. The demolition of the former outbuilding is justified within the accompanying Engineer's Report which outlines a failing building of limited architectural and historic interest. The proposed 'Lodge House' is designed in a manner that draws design cues from Lorne House itself and is constructed in the locally sourced Limestone, with a 'blue/grey natural slate' roof finish. The siting of a 'Lodge House' adjacent to the main entrance to a grand house can be found across the Island, so the premise of this type of building in this location, is well founded. This application is similar to 10/01040/B which was withdrawn by the applicant. It is understood that the building's location has been modified in order to avoid interfering with the existing mature trees. With the exception of this minor re-siting, the proposals are considered to be acceptable. In similar fashion to the other applications being considered on Lorne House, consideration should be given to the impact of these proposals on any archaeological interest. ## Party Status The local authority 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. The owners of Lorne House Lodge and The Malt House are both the owners of property which are adjacent to the site and as such should be afforded party status in this instance. The Isle of Man Water and Sewerage Authority represents a statutory authority and should be afforded party status in this instance. 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. The residents of Maughold are not directly affected by the proposal and should not be afforded party status in this instance. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 31.01.2011
Conditions and Notes for Approval / Reasons and Notes for Refusal
N : Notes attached to conditions R : Reasons for refusal
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the demolition of the existing building and erection of dwelling as shown and described in drawings reference 01A and 02 and the Tree Protection Strategy set out in the Midland Tree Surgeons Report of September, 2010.
Prior to the commencement of any work, other than approved remedial works to the existing trees including the removal of stockpiled soil around the trunks thereof, protective fencing must be erected around the trunk of each tree in accordance with the Tree Protection Strategy in the submitted application and such fencing retained for the duration of the development of the proposed dwelling and access.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Authority Meeting Date :
Signed : Presenting Officer Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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