Officer Report

Application No.: 15/00180/B Applicant: Mr Mark & Mrs Julie Walker Proposal: Construction of new vehicular access to serve dwelling approved under PA 14/01385/REM Site Address: Field 430242 Corlea Farm Corlea Road Ballasalla Isle Of Man Case Officer : Miss S E Corlett Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE

THE SITE

1.1 The site is a small piece of land, part of a field which lies to the south of the Corlea Road (B39). The site extends across the boundary with the Corlea Road around 35m in each direction and extends30m into the site where it joins an approved but not existing access provided to an approved but not built new dwelling (see Planning History). There are no buildings currently on the site. - 1.2 The site forms part of a wider land holding which is currently managed from Corlea Farm, two dwellings and a range of farm buildings. Corlea Bungalow lies approximately 30m from the highway and lower than the road, together with the access from this property to the highway, and more land which lies to the west. The access road continues past Corlea Bungalow to Corlea Farm house and a range of outbuildings to the east. - 1.3 The Corlea Road accommodates a number of houses, most of which are on the southern side of the road and many are close to the road - such as Moaney Mooar Farmhouse, Cronk ny Geayee, and Ecklands, Corlea Bungalow and Corlea Farm and Ballaglea House, slightly further away from the road. Croit Vane is an extended dwelling with ancillary buildings which lies on the northern, higher side of the road. There is a gap of around 250m between the entrance to Corlea Farm and the nearest dwelling to the west which is Moaney Mooar House. - 1.4 Corlea Bungalow was approved under IDO 24999 in 1968. The application was submitted by the then Isle of Man Local Government Board. A condition was attached to the approval which required that the dwelling should be occupied by a farm worker or person connected with agriculture to the satisfaction of the Planning Committee. A letter was sent to the owner in 1969 indicating that it had been reported that the property had been sold and was not being occupied in accordance with the condition. No further correspondence was received or issued according to the file.

• 1.5. In 1973 planning permission was sought and granted for the extension of the property by the erection of an attached garage and the conversion of the existing garage to additional living accommodation together with the erection of a greenhouse (IDO 34506).
• 1.6 At the time of that application, no questions were asked about the occupation of the dwelling and no condition was attached to confirm the agricultural worker's occupancy requirement. The property was described in the application form as "domestic".
• 1.7 A certificate of lawful use of the property was granted under PA 12/00603 which acknowledged that the property had been occupied by persons who were not agricultural workers for a period of ten years or more up to the time of the certificate, in contravention of the original occupancy condition, thus rendering the occupancy immune from enforcement at that time.
• 1.8 Corlea Bungalow is a modern single storey property with a shallow pitched roof which faces south west. It has a brown tiled roof and rendered and boarded elevations and a small chimney in the centre of the pitch. The dwelling is surrounded by low banks with planting within it and it sits just below the junction of two lanes, one of which leads past the bungalow to the farmhouse and the other behind the bungalow to the farm buildings. The bungalow has a floor area of around 146 sq m and a curtilage of around 868 sq m. This has approval for replacement under PA 13/91094/A. The siting of the new dwelling was not on the footprint of the existing dwelling but was some 60m from the existing site. The application included an illustration of how a dwelling could fit onto the site. The proposed residential curtilage was shown as some 3,000 sq m which the applicant described as "commensurate with the dwelling" and the floor area of the proposed dwelling was shown as around 360 sq m (illustration only). The proposal thus represented an increase in curtilage of around 168% and an increase in floor area of around 245%. A detached garage was also shown, with a footprint of 6m by 12m. This was refused under delegated powers and the decision appealed by the applicant. The inspector recommended that the development would result in a "materially adverse effect on the character and appearance of the countryside, contrary to the objectives of Housing Policy 14 and Environment Policy 1 of the IoMSP" (her paragraph 19).
• 1.9 The Minister however found the decision to be finely balanced and concluded that "the proposed siting of the replacement dwelling towards the north-west corner of the 'application field' when set against the mature screening that is afforded to the field in general and to the north-west corner, in particular, is sufficient to overcome any concerns in respect to the visual impact of the proposal which, in Minister Crookall's opinion, is the clear product of its large floor area." In reaching this decision, he was of the view that "if a landscaping scheme was to be submitted which proposes that the current 'gaps' which exist in the landscape frontage along Corlea Road are closed by the addition of 'mature' (as opposed to semi-mature) trees and that the existing western landscaping/tree belt is also enhanced/strengthened by the addition of further 'mature' trees, this will assist to provide comprehensive screening to the proposed replacement dwelling such that its impact within the visual resource will be mitigated against." He was also of the view that the existing bungalow, by reason of its orientation To the Corlea Road, will have a greater visual impact in the local visual resource than that which may arise from the siting/orientation of the new replacement dwelling to the Corlea Road, irrespective of the direction of travel to the application site along Corlea Road". He also noted that whilst the new dwelling was larger in mass, it had a similar footprint to the existing bungalow. The Minister approved the application. This application proposed that the new dwelling share the existing access with Corlea Farm. PLANNING POLICY

2.1 The site lies within an area of open space on the Southern Area Plan of 2013. As such, the provisions of General Policy 3, Environment Policy 1 and Housing Policies 12 and 14 are applicable in this case.

2.2 General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10)
• b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11)
• c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment
• d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14)
• e) location-dependant development in connection with the working of minerals or the provision of necessary services;
• f) building and engineering operations which are essential for the conduct of agriculture or forestry
• g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and
• h) buildings or works required for interpretation of the countryside, its wildlife or heritage".

2.3 Environment Policy 1: "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." - 2.4 The site also lies within an area of Incised Slopes on the draft Landscape Character Appraisal Assessment. This is a large area which stretches from the west coast to the north of Port Erin to the east coast at Santon and separates the Lowland Plain from the Uplands. There are no specific policies within the Southern Area Plan as it applies to this class of landscape which are considered relevant in the consideration of this application. THE PROPOSAL

3.1 Proposed is the creation of a new access to service the approved replacement dwelling. This effectively provides a separate access to the approved new dwelling. The applicant explains that they consider it "far from ideal" that two properties, one of which is a farm, share the same access. The access will join to the approved route linked to the existing access to the farm PLANNING HISTORY - 4.1 The application for the principle of the erection of a dwelling on this site was PA 13/91094/A, approved on appeal. The details of this were approved under PA 14/01385/REM. Another application, PA 14/01389/B proposed the erection of stables on the field to the west and was withdrawn following a recommendation for refusal. Pre-application discussions have been undertaken regarding an alternative siting for the proposed stables, closer to the existing building group. REPRESENTATIONS - 5.1 DEFA indicate that they have no issue with the provision of a new access point, but advise that lizards (a Wildlife Act protected species) are found on the banks alongside the Corlea Road, including the plantation edge at grid reference SC271754, only about 150m away. If this development goes ahead, they advise that there should be a presumption that lizards

might be present and therefore any destructive works take place during the active season (April - September) and that the vegetation is cut short at least a week before work, taking care to check for nesting birds. This should dissuade lizards from getting involved in the works, but if they do, will give the lizards a chance to move off and the workers a chance to spot them and let them move out of danger. Workers should be briefed to keep a watchful eye. (18.03.15)

5.2 Department of Infrastructure Highway Services do not object subject to a condition which requires that visibility splays of 2.4 x 36 metres are provided in both directions over land within the ownership of the applicant and nothing must be planted or erected within the visibility that will exceed 1.05 metres in height (06.03.15). - 5.3 Malew Parish Commissioners indicate that they do not oppose the application (16.03.15). - 5.4 MUA indicates that there are underground cables/overhead lines present in the area indicated in you planning application and seek consultation. Whilst there are overhead lines they are not in the route of the proposed works in this case (06.03.15).

ASSESSMENT

6.1 The issues in this case are whether the proposed new access would have an adverse visual impact on the character and appearance of the area, particularly having regard to the landscaping scheme required and proposed as part of the development of the new replacement dwelling approved under PA 14/01385/REM. This planting is not shown on the submitted plans but could be implemented without affecting the proposed new access as the trees to be introduced around the point of the new access are set back from the highway and thus do not interfere with the visibility splay.

6.2 The character of the area at this point is very much dominated by the existing access to Corlea Farm which is attractive but managed, unlike the more natural hedging which characterises the majority of Corlea Road. This impact is likely to be emphasised by the introduction of the new access to the new dwelling which, even though it joins the existing Corlea Farm driveway will still cross across the field to the new dwelling, creating a new managed curtilage as it goes. If the area shaded pale orange on the submitted plans is not implemented there is the opportunity for a little more planting between the two entrances which could visually assist the impact of the new access along with the rest of the planting which was approved as part of the approval for the new dwelling. - 6.3 Conditions will be required to ensure that appropriate planting is implemented and that no unwarranted hard surfacing is included to reduce the visual impact of the proposed works and also to address DEFA's concerns regarding lizards, which can be accommodated. The proposal is considered to be acceptable subject to these conditions.

PARTY STATUS

7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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 - in this case Department of Environment, Food and Agriculture;
• (d) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

7.2 MUA raises material planning considerations in respect of the overhead electricity line and as such should be afforded interested person status in this case.

Recommendation Recommended Decision: Permitted Date of Recommendation:

23.03.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

• 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The removal of the existing hedging may take place only between April and September. One week prior to the commencement of excavation or earth moving works, the applicant must cut short any existing grass and vegetation within the bank in order to alert any lizards to the impending works and providing time for them to relocate. In cutting the vegetation care must be taken in respect of any birds nesting within the bank. During works, the applicant must exercise caution in respect of any lizards found within the site as this species, along with some other birds which may be present on the site, are protected under the Wildlife Act as are the places of shelter or protection of these identified species. Reason: in order to comply with Environment Policy 4 of the Strategic Plan.
• C 3. In the first planting season following the completion of the means of access into the site the applicant must introduce new tree and shrub planting to visually soften the impact of the new access. This should complement the scheme approved under PA 14/01385/B. Details of this planting must be approved by the Department prior to the commencement of works and implemented in accordance with the approved details.

Reason: to be consistent with the approval granted in respect of that application and to minimise the visual impact of the proposed works.

• C 4. This approval relates to the creation of an access shaded grey within the area edged red on the plan reference 1268-050 and received on 19th February, 2015. If implemented as shown, the access shaded in light orange may not be constructed. Reason: in order to minimise the visual impact of the works on the area.

• C 5. Visibility splays of 2.4 x 36 metres must be provided in both directions over land within the ownership of the applicant. Nothing must be planted or erected within the visibility splays that will exceed 1.05 metres in height. Reason: in the interests of highway safety.

This approval relates to drawings 1268-050 and 1268-051 both received on 19th February, 2015.

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 : Approved Committee Meeting Date:…20.04.2015 Signed : Sarah Corlett Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph). Signatory to delete as appropriate YES/NO