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Application No.: 19/00143/B Applicant: Church Wardens, Malew And Santon Proposal: Creation of an extension to existing cemetery with associated accesses Site Address: Field 432808 Land Adjacent To Malew Church Great Meadow Malew Road Castletown Isle Of Man Principal Planner: Miss S E Corlett Photo Taken: 26.03.2019 Site Visit: 26.03.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 24.02.2020 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
N 1. In order to provide the proposed accesses the developer will need to enter into a Section 109A Highway Agreement with the Highway Authority.
This application has been recommended for approval for the following reason.
The proposal is considered to provide an acceptable means of extending the existing burial grounds, in accordance with the Area Plan for the South as well as providing much needed car parking to serve the church, in a manner which is considered to have an acceptable environmental impact.
Plans/Drawings/Information; This decision relates to drawing 038 and 02E both received on 3rd February 2020 and 18MC716-03 received 8th October 2019. _______________________________________________________________ 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):
Billown Mansion House and accompanying grounds and 24, Bayr Grianagh as they are 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 and as 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.
It should be noted that the current owner of the land is automatically afforded IPS under the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), and as such, the owners of Billown Farm are considered to be Interested Persons in this case. _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE DEVELOPMENT IS PARTLY CONTRARY TO THE LAND USE DESIGNATION IN THE AREA PLAN
1.1 The site is a parcel of land which lies on the western side of the A3 Malew Road directly to the south of Malew Churchyard. The burial ground for this church extends to the other side of the road, to the north of an existing dwelling, Ballaqueston. To the south of the application site, a little distance from it is one of the accesses to Billown Mansion House and a small dwelling - East Lodge. - 1.2 The site has a frontage to Malew Road of 118m and it extends 89m westwards into the field. THE PROPOSAL
2.1 Proposed is the use of this part of the field as a church yard for burials and the scattering of human ashes. The development includes the provision of a vehicular access and egress for users of the site together with an access for farm vehicles going to the agricultural land to the west. 45 parking spaces are proposed including accessible spaces and space for the parking of hearses with the parking and access finished in permeable block paving and set back from the highway by a grass strip of 5m. To the west of the access and parking area there will be two areas for burials and a garden of remembrance, surrounded by a 1.5m high wall, to match those surrounding the burial ground. - 2.2 The access for church visitors will be on the basis of an in and out arrangement with the in being at the southern end and the out 15m to the north. The existing roadside wall will be lowered to 1m. An existing field access immediately south of the church yard is to be reduced to pedestrian width only with the existing gate post retained and the space in between filled with metal gates. - 2.3 The applicant explains that it is an obligation under Manx law for the Church Wardens of Malew and Santon to provide a burial ground for the residents of Castletown and Malew. The present burial ground was opened in 1953 with space for 1,000 graves and this is nearing capacity with around 10-12 burials per year here and around 5 years' space left at this rate. They advise that the average speed of traffic passing the site is 50 mph which would result in the requirement for a visibility splay of 120m in each direction which they have shown as measured to the far side carriageway from a point 2.4m back from the edge of the carriageway. They describe the arrangement whereby any hearse and funeral cortege will continue to park directly in front of the main pedestrian entrance to the church to the south of the building where there is a layby. - 2.4 The first phase of the scheme will be the central burial area and the garden of remembrance. The site rises to the north west and this area could be planted as a feature. They suggest that the proposed parking will also serve visitors to the existing church and churchyard. The edge of the site will be secured by a stockproof fence. The applicant hopes to purchase additional land in order to provide a woodland burial facility. - 2.5 The reduction of the roadside wall will be achieved by the removal of the existing informal vertical stone copings and the provision at a lower height, of a rounded top to match the church boundary wall. - 2.6 New trees to be introduced would be hawthorn and ash to match other trees along this road. - 2.7 Additional plans received on 30th April, 2019 show the site having been reduced in area such that it has a frontage of 120m (compared with 135m as originally submitted). Subsequent amendments show the reduction of the agricultural access to pedestrian access only through the introduction of metal gates to match existing ones within the church and the agricultural traffic will use the main entrance into the car park. The applicant notes that this access has not been used for agricultural traffic for some years as alternative accesses are now available for that.
2.8 The applicant has provided further clarification of the process by which the site was selected and comments on the suggested alternatives to the north and north east. They reiterate that the site is favoured above others primarily due to safety and further due to its natural landscape. They suggest that Option 2, to the north of the existing church involves a difference in ground level and site lines are more restricted. Option 3 across the road from the Church was not considered suitable as it is on the other site of the road from the church and where there is a burial at the church there is a requirement for the entire funeral party, which can involve elderly persons and those grieving, to cross a busy and fast road. If required, they are prepared to undertake work to provide further evidence to support these positions. PLANNING POLICY
3.1 Part of the site is designated on the Area Plan for the South (2013) as Proposed Churchyard This does not include all of the site proposed in this application: that area extends to around 40m to the north of the application site and is a different shape. The site lies within an area of High Landscape Value and Scenic Significance on the 1982 Development Plan Order and adjacent to the site is an area of archaeological interest. The Area Plan refers to the site as follows:
8.20 Development Brief 27 Given the size of the additional churchyard and its likely long term use, a detailed planning application will be required to address the following matters:
3.2 Malew Church itself is a Registered Building (RB256). - 3.3 Land which is not designated for development is generally protected from development under Environment Policy 3 and where the protection of the countryside for its own sake is paramount, as stated in Environment Policies 1 and 2. General Policy 3 sets out those exceptions to the presumption against development and this includes, "development recognised to be of over-riding national need in land use planning terms and for which there is no reasonable and acceptable alternative". There is no reference in the Strategic Plan to burial grounds or cemeteries. - 3.4 On the agricultural soils map, the site lies within an area of the highest quality on the Island. This relates to area of limestone and stretches north to include Billown Quarry and to the other three sides of Cross Four Ways. All of the land surrounding the graveyards on both sides of the road are included in this. Environment Policy 14 states:
Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development, and land of a lower quality is not available and other policies in this plan are complied with. This policy will be applied to
4.1 The existing churchyard site has been the subject of a number of applications for alterations and extensions, none of which is relevant to the current proposal. REPRESENTATIONS - 5.1 Malew Parish Commissioners have no objection to the application (06.03.19).
5.2 The representatives of the owners of Billown Mansion and accompanying land, who are in the process of purchasing the land, request that they are afforded interested person status (IPS) on the basis that they are purchasing the site although their existing curtilage lies outwith the 20m referred to in the Operational Policy on IPS. They consider that the proposal would result in an adverse environmental impact in this area of High Landscape Value and Scenic Significance, and would be highly visible to the public. They query why the first phase is not next to the church and consider the scale of the development and amount of road frontage, excessive. They regret the loss of the agricultural land and note that the allocation in the Area Plan is further from their client's property. They do not consider that alternatives were considered thoroughly enough with option 3 appearing to them to be more suitable and provide a plan of how the development could be accommodated there less conspicuously and with more potential for future expansion (12.03.19).
5.3 The applicant responds to this by suggesting that the site has been lengthened to accommodate the required visibility splays which relate to a speed of passing traffic of 50 mph. Given this, they considered that phase one should start in the middle, away from the older graves which adjoin the edge of the existing graveyard - 5.4 The owner of 24, Bayr Grianagh in Castletown is disappointed that there is an objection to the application and advises that in her view, a setting such as this is entirely appropriate for a burial ground where our ancestors placed their loved ones and the standing stone at Skilbrick would not be obscured. She confirms that her family are buried in the existing churchyard and it gives her great pleasure to know that they are resting in a place of such beauty. She regularly attends the site and acknowledges the difficulty in crossing the road from the layby to the other side of the road and notes that parking is not easy which would all be resolved with the new proposal (27.03.19). - 5.5 In response to the proposed purchase of the site by others, the applicant's representative suggests that the application site is the preferred one and the discussions for this have been on-going for a long time, until the vicar passed away quite suddenly and the application was delayed whilst new church wardens were appointed. They consider that there are no other places with appropriate sight lines. The Burial Authority will not be in a position to negotiate the purchase of the land until planning approval has been granted and whilst it may be owned by others, the Burial Authority has a duty to find suitable burial sites for Malew and Castletown and there is provision within the Act for compulsory purchase although that is not the preferred route. - 5.6 The representatives of the prospective purchasers submit further comments on 09.04.19, indicating that the required sight lines of 120m are not available to the entrance to the site and
Reason: to ensure that the development operates as intended and does not compromise highway safety.
Informative In order to provide the proposed accesses the developer would need to enter into a Section 109A Highway Agreement with the Highway Authority.
6.1 The issues in this case are whether the principle of the use of the land as proposed is acceptable and if so, whether the layout as shown is acceptable in visual, environmental and highway safety terms. The ownership of the land is not a material consideration: if the applicant has no right to undertake the development as they have no control over the land, that is a matter for them. The purchase of land occurs irrespective of and separate from the planning process as do any proceedings in respect of compulsory purchase. Principle
6.2 The site is partly designated for this purpose on the Area Plan. There is no accompanying text in the Written Statement which explains how the site came to be defined in the way it was in the Plan. This should be the starting point if there is demonstrated to be a need for an expansion of the churchyard and whilst the objectors point out that the proposed site is larger than that shown on the Area Plan, at least part of it coincides with the area shown in the Plan which could not be said for any other proposed locations. It is also relevant that the church is on the same side of the road as the site resulting in those visiting the church being able to park and access the church without needing to cross the highway. The series of bends would make
it difficult to provide a pedestrian crossing which was safe to use unless placed some distance from the bends which would then make it impracticable and unlikely to be used.
6.3 There is clearly an established need to continue to provide burial places and a place for the interment of ashes and it is logical and desirable that this should continue to be associated with the church rather than having a separate location for the church as from the burial ground as is the case with Braddan Parish where, again people would have to cross two busy roads to go between the two, or resort to using a car. The Area Plan makes it clear that it is acceptable to have an extension of the churchyard in this location as well as making provision for car parking and access.
6.4 Whilst there were other options considered, neither of these is designated for this use and it is considered that wherever the car park would be, it would be visible and have the same or similar visual impact. It is also important that if it is to be used, that those who wish to use it can see clearly where it is and how to enter. It is inevitably therefore, likely to be visible. - 6.5 Whilst the location of the site is within the highest quality agricultural land on the Island, this is true of all of the land surrounding the church and again, the land is partly designated for this purpose on the relevant Area Plan. Layout - 6.6 The proposal will retain much of the existing roadside walling which adds significantly to the character of the area. In order to be effective the car park and its entrance need to be seen. The site lies adjacent to the church, the layby and Ballaqueston, all of which create a different character to the otherwise open character of the surrounding area although the rural nature is already interrupted by the various residential properties here such as the Billown Mansion House gate lodge, Church Farm and Great Meadow. The change in speed limit suggests that the character is changing as the buildings come into view and the otherwise relatively straight road changes to a series of bends. It is not considered that the proposal would have so significant or adverse a visual impact as to warrant refusal for that reason. Highway safety - 6.7 The plans have been modified to take into account highway safety, in particular the prevention of vehicles using the existing farm entrance, which needs to be retained but should not provide access for significantly greater numbers of vehicles due to limited visibility to the north. In addition, visibility has been measured to accord with accepted standards.
7.1 The proposal is considered to provide an acceptable means of extending the existing burial grounds, in accordance with the Area Plan for the South as well as providing much needed car parking to serve the church, in a manner which is considered to have an acceptable environmental impact and the application is supported. 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:
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:…02.03.2020 S CORLETT Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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