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Application No.: 15/01298/B Applicant: Mr Paul Davis Proposal: Engineering works for the partial infill of an existing gulley (retrospective) Site Address: Field 434534 Kerrowkeil Road Grenaby Ballasalla Isle of Man Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation
Officer’s Report THE SITE
1.1 The site is a piece of land to the west of the Kerrowkeil Road (B41) which leads from the Corlea Road (B39) south to Grenaby past Kerrowkeil Chapel which lies just south of the application site. The field has a short frontage to Kerrowkeil Road of around 30m and extends up to 140m west to adjoin a track and watercourse which runs south along the boundary of the field. - 1.2 The site slopes relatively gently towards the water course. Works have recently been undertaken to bring more material into the site edge to steepen the profile of the bank side and extend the amount of usable field for agricultural purposes. - 1.3 Access into the site is via an existing 4.5m wide opening onto the Kerrowkeil Road. THE PROPOSAL
2.1 Proposed is the importation of material to the site to increase the steepness of the bank close to the watercourse. The applicant describes the gulley as accommodating very little water flow as the entering water seems to disperse into the surrounding field before reaching the southern boundary of the site. The intention is to reduce the width of the gulley. The material used to do this comes from the site of approved agricultural development PA 15/00506/REM to the east as part of the Manx Rare Breeds Project. Operations have currently ceased due to the wet weather and are hoped to re-commence in the Spring of 2016. The edge of the gulley bank will be fenced off to prevent animals straying into the gulley and grass seed planted to help stabilise the sides. Over time it is hoped that the slopes will naturalise. The bottom of the gulley will be cleared out to provide a natural path for any water that does enter it. A material licence will be sought from Fisheries Division if required. - 2.2 During the works the field entrance will be increased in width by 0.6m and the ground around the entrance has been stabilised with hardcore to provide a stable area for vehicles entering and leaving. The entrance will be returned to its original width once works have been completed. - 2.3 The works will involve the importation of 6,000 tonnes of excavated material, all of which has been brought to the site and a further 750 tonnes of topsoil will be required to be brought to complete the work. The works will result in a further 0.5 acres of grazing land for the operation.
3.1 The site lies within an area not designated for a particular purpose on the Area Plan for the South adopted in 2013 and is within a wider area of Incised Slopes on the draft Landscape Character Assessment. The watercourse appears to be part of a wider area of ecological interest. - 3.2 There is a presumption against development in such areas, particularly that which would adversely affect the character or appearance of the countryside or its value for ecology or agriculture as set out in Environment Policies 1, 4, 7 and 14. PLANNING HISTORY
4.1 No planning applications have been submitted for this site. Manx Rare Breeds are developing visitor facilities further to the south of the application site and further east off the Corlea Road in association with their project of breeding rare breed animals on the Island. REPRESENTATIONS - 5.1 The views of DEFA Fisheries and Wildlife have been sought. The Senior Biodiversity Officer advises that whilst the site falls within an area of ecological interest on the APS although he is not aware of any species of note within the area. Reading the description of the site and how water flows through it, it is unlikely that frogs will use the site for breeding although they, along with lizards may inhabit the surrounding banks and hedges and care should be taken when working around there. Whilst works like this are likely to adversely affect wildlife, as do many modern farming practices, this impact is on local wildlife only which "pales against the highly significant interest in many wet fields in this area". He indicates that he is not particularly concerned about the work proposed in this application, particularly if they take pressure off other more sensitive and valuable areas but care must be taken to ensure that such works do not affect the ability of the natural watercourse system to accommodate water from the upper levels and to avoid flooding further downstream (23.12.15).
5.2 DEFA Fisheries advise that at present the gully is partly blocked where a pond has formed which may act as a sediment trap and reduces the impact of sediment washing off the gully and bank into the Silverburn where fish populations may be at risk. They indicate that the remaining work is far less significant in amount than what has already been undertaken and as such recommend that remaining material is not tipped into the base of the gulley where water is currently flowing and ditching works through the bottom of the gulley, which would make a more direct connection with the Silverburn, should not be carried out until the stabilisation of tipped material through vegetation planting, has taken place. Any further ditching works should be the subject of appropriate consultation with DEFA (10.12.15). - 5.3 Malew Parish Commissioners indicate that they do not oppose the application (04.12.15). - 5.4 Department of Infrastructure Highway Services indicate that they have no objection to the application (09.12.15).
6.1 The issues in this case are whether there would be any adverse visual impact from the proposal or any impact on ecology or from flooding or other issues with the management of water through the gulley.
6.2 The works are some distance from the public gaze and once completed are not considered to have any significant or adverse impact on the character or appearance of the landscape. - 6.3 Consultation with DEFA reveals that with appropriate care, the works need not adversely affect wildlife within or outwith the watercourse and it is important that the applicant continues to liaise with DEFA in these respects. The sectional drawings show the additional material being deposited on the banks rather than within the gulley as required by Fisheries. Conditions should be attached to ensure that the applicant is aware of the importance of not depositing material in the gulley and
7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
As DEFA Fisheries and Wildlife are within the same Department as is the planning authority, neither Division should be afforded interested person status.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted Date of Recommendation: 30.12.2015 Conditions and Notes for Approval: 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: in order to ensure that sediment is not washed directly into the watercourse where it may ultimately adversely affect fish populations, contrary to Environment Policy 7.
Further ditching works through the bottom of the gulley, which would make a more direct connection with the Silverburn, should not be carried out until the stabilisation of tipped material through vegetation planting, has taken place.
Reason: in order to prevent sedimentation of the water course contrary to Environment Policy 7. N 1. The applicant is recommended to continue to liaise with the Department of Environment Food and Agriculture's Fisheries and Wildlife Directorates in order to ensure that no adverse impacts occur in respect of the watercourse and fish populations and also in respect of lizards, frogs and other terrestrial species which are protected under the Wildlife Act 1990.
This approval relates to drawings 01, 01, 02, 03, 04, 05 all received on 27th November, 2015.
I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 30.12.2015 Determining officer
Signed : M GALLAGHER Michael Gallagher Director of Planning and Building Control
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