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Applicant: Mrs J L Kermeen Proposal Creation of a dwelling with associated landscaping and access road and erection of detached storage building Site Address Right Of Field 624235 Via Ards To Cornaa Cornaa Ramsey Isle Of Man Case Officer : Mr Chris Balmer Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 24.06.2020
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: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Reason: To ensure the provision of an appropriate landscape setting to the development and to ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development.
Reason: to ensure the construction exclusion zone is effective at excluding those activities which may be damaging to retained trees by clearly marking the boundary of the area and preventing construction activity accidentally straying in to a restricted area.
excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, until the development is complete.
Reason: to ensure the construction exclusion zone is effective by defining the activities which are restricted within this area
This application has been recommended for approval for the following reason. Overall, the conversion of the existing properties within the site would re-establish a dwelling on the site, reuse existing historic and architectural buildings worthy of retention all in a sensitive and appropriate which would not adverse visual impact upon the amenities of the countryside setting and landscape and therefore comply with HP 13 and EP 1 & 2 of the IOM Strategic Plan. The new access arrangements while having some impact upon the visual amenities of the countryside/landscape, are considered necessary, appropriate, well designed and represent a significant improvement to highway safety for all road users and therefor comply with EP 1 & 2 and TP 4 of the IOM Strategic Plan. Accordingly, the application is recommended for an approval.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers: Received on 17th September 2019;
AP01, P02, P03, , LS-01, LS-02 Received on 26th November 2019. P04 Received on 8th June 2020 P01C, P00a & P05b _______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following persons 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):
The owner/occupier of Glebe Cottage, Maughold Manx Nation Heritage
As they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; 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; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of
________________________________________________________________ Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE APPLICATION SITE - 1.1 The application site is a parcel of land to the right of Field 624235, Via Ards To Cornaa, Cornaa, Ramsey. The site is located to the east of Corony Hill (A2), southeast of Corony Bridge and northeast of the settlement of Glen Mona. - 1.2 The site is accessed via a single shared private track lane (public right of way) which is off the A2 and travels in a easterly direction for approximately 500m to where the new access for the proposal would be located. - 1.3 Set back from the single track lane is a rectangular parcel of land, which is on land which rises upwards due to it being on a hillside. This parcel of land appears as a small woodland; but in fact contains a substantial amount of built development, in the way of a traditional Manx farmhouse with rear extension and a single storey detached outbuilding, all constructed with Manx Stone and all without roofs. The buildings appear to appear on the 1860 maps.
2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the creation of a dwelling with associated landscaping and access road and erection of detached storage building. - 2.2 The proposed conversion of the existing building will in the main reused the existing built fabric/footprint, rather than extending the existing. The outbuilding would be converted to a garden store/fuel store. The works would result in a three bedroom dwelling. - 2.3 A new access and driveway is proposed to serve the property which would run from the
3.0 PLANNING HISTORY - 3.1 There are no previous planning application is considered of material relevance to the determination of the current application;
4.1 The application site is designated as High Landscape or Coastal Value and Scenic Significance under the IOM Development Plan Order 1982 and therefore not designated for development. The site is not within a Conservation Area. - 4.2 The following policies are taken from the IOM Strategic Plan 2016 and are relevant for consideration: - 4.3 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
4.4 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". - 4.5 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or 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 different 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:
4.6 Housing Policy 11 states: "Conversion of existing rural buildings into dwellings may be permitted, but only where:
Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar or even identical form.
Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character."
4.7 Housing Policy 13 states: "In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost. Where:
This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement buildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space(3) measured externally, the extension measures less than 50% of that of the original)."
4.6 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 5.0 REPRESENTATIONS AND CONSULTATIONS
5.1 Garff Commissioners initially raised concern of the visual impact by the creation of the new roadway to serve the property; albeit the information provided it was difficult to determine this. It was requested additional information be provided and until such information was provided they would object to the application (20.10.2019). Following additional information and an amended position for the new roadway the Commissioners have confirmed that they have no objection (07.12.2019). However, following concern from Highway Services of the new access, a further amended plan for a new repositioned access/driveway was submitted. Accordingly the Commissioner made the following comments (22.06.2020):
"The Commissioners are concerned that the creation of this access driveway will affect the character of the landscape in this area. They request that the Planning Authority requests the submission of full detail as to how the driveway will be implemented in a manner which has the least visual impact on this isolated area. Please could the Planning Committee consider setting conditions to mitigate against the potential for the 'urbanisation' of the landscape. The type of surface on the access should be specified, and the Commissioners request that any structures (gateposts, etc) that may be installed are strictly controlled to ensure the rural character of the landscape is maintained. All these matters must be agreed before any works commence.
Notwithstanding these comments, the Board does not object to the proposal for the creation of the dwelling."
5.2 Highway Services initially objected to the application as it did not demonstrate how vehicles traveling along the lane (outside of applicants ownership) was pass each other (14.01.2020). Following these comments the applicants provided amended/additional/statement in response. The main change is the location of the new access and lane has been along the western boundary of the site, compared to the original submitted scheme which located the lane to the eastern side of the fields. Highway Service subsequently commented on 14.08.2019 then concluded on 22.06.20 as follows:
"Highway Services satisfied that the revised design of the new direct access (Site Plan, Drawing No. P01c, May 220) will allow safe access to and from the proposed development."
5.3 The Ecosystems Policy Officer (DEFA) comments that there is insufficient information in the application to access the risk to bats and that a number of the trees proposed to be removed may have potential for bat roosts/nesting birds and these should be checked; the buildings should also be checked for bats/nesting birds ; and a Preliminary Ecological Appraisal should be provided prior to the determination of the application (17.10.2019). - 5.4 Arboricultural Officer (DEFA) makes the following comments (25.10.2019); "I would like to make the following comments in relation to application 19/01063/B.
I would have no objection to the tree removal proposed as part of this application if the removal of canopy cover was mitigated by new planting within the site. There is currently insufficient information about the proposed tree planting on the eastern side of the access road (shown in the location plan, drawing P00, shaded green) to be confident that this represents adequate mitigation. I recommend that you request additional information to specify the species that will be used, the size and number (or planting density) of trees that will be planted, the planting method, and the timing of the planting. If this information is provided a condition should be applied to the approval to ensure that the planting is implemented in accordance with the approved details. For example:
Reason: to ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development.
The tree removal and protection drawing, P04, shows the location of protective fencing to be erected for the purpose of protecting retained trees. Whilst there is nothing wrong with the location of this fencing, the area that is supposed to be treated as a Construction Exclusion Zone (CEZ) is open to interpretation; it's implied that the areas to the north and south would be CEZs but it may be difficult to enforce a condition restricting construction activities within these areas based on this drawing. I therefore recommend that you request an amendment to P04 showing the intended CEZs hatched out and clearly labelled, as shown in the attached annotated version. If this amended drawing was submitted conditions could be applied as follows:
that accords with the recommendations of Section 6.2.2 of British Standard 5837:2012 (Trees in relation to design, demolition and construction - recommendations). The fencing shall be maintained in position until the development is complete.
Reason: to ensure the construction exclusion zone is effective at excluding those activities which may be damaging to retained trees by clearly marking the boundary of the area and preventing construction activity accidentally straying in to a restricted area.
Reason: to ensure the construction exclusion zone is effective by defining the activities which are restricted within this area."
5.5 Manx National Heritage support the application stating (19.06.2020): "I am writing on behalf of Manx National Heritage regarding the above planning application. A building such as The Ards, constructed of stone with semidilapidated walls and surrounded by trees, could potentially support roosting bats. In order to be sure that there are no bats present or to mitigate for their disturbance or relocation we recommend that a bat survey should be undertaken prior to works commencing. Any development of the site should take place outside bird nesting season, Ist April to 31st July
It has been suggested that gorse be planted above newly created hedge rows as a form of screening from the proposed road-way to the dwelling. We are in support of this scheme but would recommend that it be the native Western gorse, Ulex gallii and not the invasive European variety, Ulex europaeus, which is firmly established on Mann and spreads very rapidly to the detriment of the native biodiversity."
5.6 The owner/occupier of Glebe Cottage, Maughold comments (03.12.2019) that the building was part of the Barony Estate and was a farm workers cottage to Ards Farm or perhaps associated with the Ballaglass lead Mine; it has been derelict for a number of years and if approved it needs to be known that there are about 9 or so other derelict dwellings spread around the Barony Estate.
6.1 There are potential a number of issues relating to this application. These include:
Conversion of existing buildings to residential use
6.2 The main issues relates to the conversion of the former dwelling and the second the conversion of the existing outbuilding. - 6.3 In relation to the conversion of the dwelling the relevant policy is HP13. This indicates that when those rural dwellings which have lost their former residential use by abandonment (this former dwelling has), consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost. Where:
6.4 The proposal does involve the conversion of the existing dwelling which does still have
at least three walls up to eaves level. In fact it has all four, with only the roof missing. A structural report is included with the submission at the report concludes that:
"In our opinion both buildings can accommodate the proposed conversion works.
The main dwelling is exhibiting signs of some structural distress albeit this is confined to the gable peaks of the rear extensions where loose stone to the top to these walls have become dislodged….
The outbuilding needs extensive repointing and prior to this the ivy requires removal and treated to the north facing end wall along with removal of the debris and vegetation evident within the footprint of the outbuilding….
In conclusion we would advise that the proposal complies with Housing Policy 13 in that the existing buildings can be retained albeit the works require to be sequenced."
6.5 Accordingly, in terms of the conversion of the existing buildings it is consider they are substantially intact and standing up to eaves level and structurally capable of being retained; therefore complying with paragraph (A) of HP13. - 6.6 In terms of additional criterial in HP 13, paragraph b requires that there is an existing, usable track from the highway. Strictly speaking the proposal fails this section of the policy as there isn't an existing, usable track from the highway as a new 150m long driveway is required from the private lane. Whether this is acceptable comes down to the visual impact and any associated issues form a highway safety perspective. This will be considered later in this report as well as the highway issues associated with this. If it is considered these matter are acceptable then it could be argued the proposal would meet the aims of the policy. - 6.7 The final aspect of HP 13 is that a supply of fresh potable water and of electricity can be made available from existing services within the highway. The applicants have advised that a new water supply would be made available from the nearest highway (presuming A2) and electricity supply would be taken from local infrastructure. It is noted that there are residential properties further along the private lane to the east of the site and it is not considered unreasonable to consider that given they are highly likely to have such services; this site would also be able to be connected. This would be at the applicants own expense. Further it is clearly the applicants own interest to ensure this is provided; otherwise they would have a property with no water or electricity supply. The property foul water would be dealt with via a bio-disc and a soak a way is proposed on site to deal with surface water. Building Control would consider these matter further; however, the principle is acceptable. - 6.8 Overall, while there are some aspects which may not entirely meet the policy requirements of HP13 in the strictest terms; overall, it is considered the overall benefits of the retention of the majority of the dwelling on this site outweigh these possible issues. Accordingly, overall it is considered the proposal meets the aims of HP 13. The conversion of the small outbuilding to a garden store/fuel store also raises no concerns. The visual impact of the proposed works;
6.9 There are consider two main aspects to the visual impacts of the proposed works, the first relates to the associated works required to convert the former dwelling and the second is the visual impact by the proposed new access and driveway. - 6.10 When considering these aspects Environment Policies 1 & 2 are required to be taken into account. Environment Policy 1 requires that 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. Environment Policy 2 states 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. - 6.11 In terms of the works to the dwelling, the majority would be well screened from the majority of public views. The main public view would be from limited views when travelling along the A2 road (before Cardel Capel within Corony) when travelling from Ramey towards the Corony Bridge where the site can be viewed on the hillside/crest of hill. Currently, it appears as a rectangular wooded parcel of land. If in a vehicle, views are distant, limited and fleeting given the roadside landscaping along this section of the A2. It should be noted that a number of trees within the site are being retained, namely to the northern section and southern section of the site. Accordingly, the currently view of a rectangular wooded parcel of land would remain in most part. - 6.12 The new driveway would follow the existing field boundary to the west of the site, which includes a "dog leg" which then heads in a easterly direction across the field to the new dwelling. The driveway was changed and redesigned following discussions with the Department and now it is of a design/finish/position which is in keeping with similar driveways to property's in the area and commonly found throughout the countryside; i.e. a drive with a central section of grass with two dark coloured tracks either side and all enclosed by grass banks with gorse on top. A condition should be attached to prevent any lighting being installed along the driveway. The applicants are also proposing additional tree planting along sections of the driveway. The proposal would following the footprint of the original lane which served the property when it was occupied (1860's map show it), although this has been grassed over presumably when the house was no longer used. - 6.13 The works are arguable most visible from the nearby shared public lane which is open to members of the public to walk along. Again with the retention of the trees as mention above, the dwelling will be well screened, similar to how it is currently. The main change will be the new driveway, but as mentioned with the new grass bank and landscaping and as the driveway itself is a low level form of development, will in most part go unnoticed. Person will see the new access and parts of the driveway when immediately walking past the new access; however, its overall design will just appear as many similar types of access/drives to properties/farms in the countryside. Accordingly, again it is not considered the works from the private lane views, would result in intrusive features. - 6.14 Overall, it is considered the applicants are proposing a sensitive scheme, i.e. not proposing large extensions to the existing property, but just converting the existing built fabric which is currently in place which are of architectural and historical interest; while providing access in arguable the most sensitive way and least visual intrusive in the landscape/countryside setting. Therefore it is consider the proposed developments would not adversely affect the countryside or harm the character and quality of the landscape and therefore comply with EP 1 & 2 of the IOMSP. Highway Safety matters; - 6.15 Following an amended plan relocating the new access and driveway Highway Services have considered these and raise no objection. Therefore there are no concerns with the traffic
generated by a single dwelling. There is also more than two off road parking spaces within the site and therefore the proposal is acceptable from this respect.
Potential impacts to wildlife, namely bats. 2.37 The matters raised by DEFA are noted, essential to ensure no bats are impacted by the development through the construction works and removal of trees. It is considered these matters can be addressed via a condition required a Preliminary Ecological Appraisal being undertaken prior to any works commencing and the conclusions of this report are fully adhered to. It should also be noted that other legislation does deal with the said works; i.e. the Wildlife Act. Therefore the applicants could clear the site of vegetation/trees without planning approval; and therefore while the comments are noted, arguable given there is other legislation which deals with this, there is an argument that the issues raised lie outside the planning remit.
7.1 Overall, the conversion of the existing properties within the site would re-establish a dwelling on the site, reuse existing historic and architectural buildings worthy of retention all in a sensitive and appropriate which would not adverse visual impact upon the amenities of the countryside setting and landscape and therefore comply with HP 13 and EP 1 & 2 of the IOM Strategic Plan. The new access arrangements while having some impact upon the visual amenities of the countryside/landscape, are considered necessary, appropriate, well designed and represent a significant improvement to highway safety for all road users and therefor comply with EP 1 & 2 and TP 4 of the IOM Strategic Plan. Accordingly, the application is recommended for an approval. - 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:
8.2 The decision maker must determine:
8.3 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 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:…13.07.2020
Signed :………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).
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.
Application No. : 19/01063/B Applicant : Mrs J L Kermeen Proposal : Creation of a dwelling with associated landscaping and access road and erection
of detached storage building Site Address:Right Of Field 624235 Via Ards To Cornaa Cornaa Ramsey Isle Of Man Principal Planner : Mr Chris Balmer Presenting Officer S CORLETT Addendum to the Officer’s Report Subject to a typo in Condition 13 and two in the reason for approval
C 13. Prior to the commencement of any development detailed plans are required to be submitted and approved in writing by the Department which demonstrate how the access is to be finished (i.e. gates, fencing, walls etc). The design should be simple in form, and appropriate for the type and style of dwelling in the countryside.
Reason: In the interest of visual amenities of the area. Reason for approval: Overall, the conversion of the existing properties within the site would re-establish a dwelling on the site, reuse existing historic and architectural buildings worthy of retention all in a sensitive and appropriate way which would not adversely affect visual impact upon the amenities of the countryside setting and landscape and therefore comply with HP 13 and EP 1 & 2 of the IOM Strategic Plan. The new access arrangements while having some impact upon the visual amenities of the countryside/landscape, are considered necessary, appropriate, well designed and represent a significant improvement to highway safety for all road users and therefor comply with EP 1 & 2 and TP 4 of the IOM Strategic Plan. Accordingly, the application is recommended for an approval.
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