DEC Officer Report

Application No.: 19/01429/B Applicant: Mr Phil & Mrs Hillary Ridgeway Proposal: Raising of stone walls, infill to old house remains and changes to site levels (retrospective) Site Address: Part Field 224318 Next To Ballaugh Bridge Glen Road Ballaugh Isle Of Man Planning Officer: Mr Paul Visigah Photo Taken: 17.01.2020 Site Visit: 17.01.2020 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 05.02.2020 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reasons(s): Overall, it is concluded that the planning application is in accordance with aforementioned General Policy of the Isle of Man Strategic Plan 2016 and is recommended for approval.

Plans/Drawings/Information;

This approval relates to the Location Plan, Brief Statement, Photographs, and drawing R/6603/1 all received on 18th December, 2019. _______________________________________________________________

Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 6(4):

The Owners/Occupiers of Bridge Cottage, Glen Road, Ballaugh The Owners/Occupiers of Brook Villa, Main Road, Ballaugh

• as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).

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):

The Owners/Occupiers of Chadkirk, Rowan Avenue, Ballaugh The Owners/Occupiers of 1 Rectory Cottages, Andreas Road, Andreas. The Owners/Occupiers of The Glebe House, Station Road, Ballaugh

is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. _____________________________________________________________________________

Officer’s Report THE APPLICATION IS REFERRED TO THE COMMITTEE DUE TO THE NUMBER OF COMMENTS THE SITE

1.1 The site is part of a field situated on the eastern side of the A3 (Main Road) which links Kirk Michael with Ballaugh. The field is irregular in shape and presently has an access on the north-west end. The field is part of a larger holding which is currently held for agricultural use. - 1.2 The boundary is formed by a thick line of trees and shrubbery on the south, west and eastern boundaries, while the northern boundary is made up of Manx stone wall which has railings on the sections by the roadside. The property is directly on the roadside with the entire site area covered in shrubbery. THE PROPOSAL

2.1 The current planning application seeks approval for Raising of stone walls, infill to old house remains and changes to site levels (retrospective). - 2.2 The works that have been carried out include:

• i. Removing an old collapsed wall and rebuilding it in block-work to height of 1.2m at its highest, and 0.3m at its lowest on the land section that abuts the Balluagh Bridge.
• ii. Repairing the old stone wall at the river side and rebuilding the fallen section (around 1sq.m), as well as raising the wall in two tiers towards the east side to form a stepped platform to generally tidy up the area.
• iii. Creating a small store area at the end of the wall to house the fence sections used during TT races at the rear of the raised platform. A door was installed to secure materials kept in this store.

2.3 The applicant has stated that during the TT Races and the Manx Grand Prix, half of the area edged red is taped off to spectators from the bridge back, and the remaining area within the red edging is generally the domain of TT Marshalls during this period. The applicant has also indicated that apart from these periods, the land will stay agricultural, as it has always been their intention to use the whole of the land for agricultural purposes once it has been tidied up, with a few trees planted and fences repaired. PLANNING POLICY

3.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Isle of Man Development Order 1982. The site is not within a Conservation Area. Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:-

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;

• (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; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and

3.3 Section 7.4: Landscape Protection

• 7.4.1 Development which is permitted in 'Areas of High Landscape or Coastal Value and Scenic Significance' or in important landscape and coastal areas as recognised by any new landscape classification, will be subject to higher design standards than would normally be required. Development must be properly integrated into the landscape in terms of scale, materials, architectural style, engineering works and landscaping. Landscape features such as trees, hedgerows, sod banks or traditional stone walls which are important to landscape character should be retained. In cases where development is not capable of being sensitively and unobtrusively integrated into the landscape, permission will not be granted. PLANNING HISTORY

4.1 The site has not been the subject of any previous planning application and as such there are no applications considered to be specifically material in the assessment of the current application.

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is 'no highway interest' in a letter dated 10 January 2020.

5.2 Ballaugh Parish Commissioners although consulted on 6 January 2019, have not commented on the application at the time of drafting this report. - 5.3 The Owners/Occupiers of Bridge Cottage, Glen Road, the property adjacent to the application site have written in to make the following comments regarding the application in a letter dated 16 January 2020:

Given the proximity to the stream, has a survey been undertaken to ensure the work will not cause any future flooding risk to nearby residential properties.

5.4 The Owners/Occupiers of Brook Villa, Main Road, the property immediately adjacent to the application site have written in to make the following comments regarding the application in a letter dated 21 January 2020: With reference to the above planning application our objection is two-fold:

• 1. The permanent storage of a port-a-loo which is unsightly. If it were shielded from view it would be more acceptable.
• 2. The entrance to the field has been altered with the addition of a concrete block and rendered wall on the left hand side which is not in keeping with the rest of the walls around the bridge which are all Manx stone. Ballaugh Bridge is one of the most iconic spots on the TT course and is photographed and filmed many times.

5.5 The Owners/Occupiers of 1 Rectory Cottages, Andreas Road, Andreas which has no direct relationship to the application site have written in to make the following comments regarding the application in a letter dated 23 January 2020:

This is a prominent site on the TT course clearly visible to tourists travelling around the course and most people in the north on their daily commute. The works have added to the overall attraction of the area creating a pleasing, grass and stone vista where there was once overgrown and neglected land. The materials used are in keeping with the surroundings and the improvement adds to the overall aesthetics of the village on a main approach.

5.6 The Owners/Occupiers of Chadkirk, Rowan Avenue, Balluagh in the vicinity the application site have written in to make the following comments regarding the application in a letter dated 21 January 2020:

I have lived in Rowan Avenue for 8 years and have driven past the field every day during that time. I can also see the field from my back garden. The works that have been done at the field have improved it considerably. It is now tidy, appears cared for, the condition of the grass and trees have benefitted considerably for the care they have received and the addition of new trees will only improve the aesthetics and environment still further.

The addition of the stone wall and improvements to the entrance appear to have been done very well and are in keeping with the surrounding constructions.

It is a pleasure to see the field being used by a family and I hope they are enjoying spending time in such a beautiful spot. Their use of the site has had no negative impact from my perspective and I can only see benefit.

5.7 The Owners/Occupiers of The Gleba House, Station Road, Balluagh in the vicinity the application site have written in to make the following comments regarding the application in a letter dated 31 January 2020:

There has been much done to improve the site visually. But building a viewing platform in the direct line of the racing line approaching Ballaugh Bridge raises concerns with regards to the safety of allowing this structure to remain in place. In 2019, there were two serious accidents

• at Ballaugh Bridge and I would be saddened if anyone viewing from this area were to be injured due to the construction of this grandstand-like area. ASSESSMENT

6.1 The main issues to consider in the assessment of the application are the potential impacts upon the character and appearance of the street scene, as well as the impact of the proposal on the neighbours and local amenities. - 6.2 Impact on character and appearance of the street scene

• 6.2.1 The submitted information for the application indicates that sections of the existing stone wall, has collapsed and in need of restoration. The works that have been carried out on the walls are considered to be necessary to prevent further deterioration of the existing walls

• and future detrimental impacts on the general character of the street scene should the other sections of the wall begin to fail.
• 6.2.2 Regarding the works on the raised platform, it is noted that there are no additions to the level of the platform, besides the levelling works and addition of planting to improve its appearance. As such, this component of the work is considered to improve the appearance of the site; especially as it can be viewed from the highway, thus enhancing the appearance and character of the street scene.

Overall, it is considered that the works that have been carried out on the site have significantly improved the appearance of the site which was previously in a poor state, thus contributing positively to the appearance of the property, as well as the street scene.

6.3 Impact of the proposal on the amenity of neighbouring properties and highway safety

• 6.3.1 The neighbour at Bridge Cottage has made comments relating to the potential impacts of the proposal to induce floods. On its part, the supporting statement has provided insight into the work done on site, which includes the repair of the old stone wall and rebuilding of a collapsed section on the river side. This work was done to prevent possible collapse of the wall into the river which could have detrimental impacts on the river as collapsed walls can close up sections of the rivers, increasing the potential for floods to occur. As such, it is considered that the works carried out is to the benefit of neighbouring properties, as it will prevent the possible collapse of the aging wall which could come with damaging consequences. Besides, there has been no comment from Manx utilities and the Inland/Sea Fisheries Manager reinforcing any concerns raised by the neighbour regarding the application, which confirms the negligible potential of these works to cause floods.
• 6.3.2 Whist the occupants of one of the dwellings in the vicinity of the project has raised safety concerns regarding the raised platform, it is noted that section of the site has been elevated for a period over 10 years (as shown on Google Street View 2010) and the works have only helped to make the surface level. Besides, there are no expected impacts to general highway safety or traffic flows resulting from the proposal. This is reinforced by Highways who have thoroughly accessed the situation and indicated that there is no highway interest.

CONCLUSION

7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policy of the Isle of Man Strategic Plan 2016 and is recommended for approval. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I 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: 17.02.2020

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

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