Alterations and renovation works to property, and alterations to site accesses (in association with RB application 22/01310/CON)

Why Was This Approved?

✓Works preserve and partly enhance a registered building's special architectural and historic interest

✓Traditional materials used for replacement windows and doors

✓Tree loss reduced through scheme amendments following objections

✓Remaining tree harm offset by mitigation measures and benefits to the protected building

✓Bat Management Plan and Arboricultural Method Statement required by condition

✓New driveway access found acceptable in highway safety terms

✓trees

✓ecology

✓whether the proposals would affect detrimentally the building's special interest

✓whether the proposals would have an unacceptable impact on the site's existing trees

✓whether the proposed new access is acceptable from a highway safety point of view

The proposal covers a range of works to Holly Lodge (RB 23), a registered building. These include removing the two-storey north-east wing, the single-storey dining room and garden room, and first-floor dormer windows on the road-facing elevation, with existing windows and doors replaced using traditional materials. A new driveway and access are also proposed, requiring the loss of a tree grouping south-west of the Refectory and a Hawthorn to the north. The three main planning issues were whether the works would harm the building's special interest, whether tree loss was acceptable, and whether the new access was safe for highway users. The scheme was amended during the process — a detached garage was removed and tree loss was significantly reduced in response to objections. The external alterations, including the use of traditional materials, were judged to enhance the building's special architectural interest and preserve its historic interest.

The works preserve and partly enhance the special interest of a registered building, using traditional materials in line with conservation policy. Tree loss, while acknowledged as harmful, was reduced through amendments and is offset by mitigation conditions and the benefits to the protected building. The new access was found acceptable on highway safety grounds.

Site Observations

•The site is Holly Lodge, a registered building (RB 23)

Consultation Responses

8 consultees were identified: DEFA Ecosystem Policy Team, Department of Environment, Food & Agriculture, Department of Environment, Food & Agriculture (DEFA) Ecosystem Policy Team, and 5 more consultees.

Key concern: Level of tree removal appears excessive for the work proposed

Department of Environment, Food & Agriculture (DEFA) Ecosystem Policy Team

Internal

Object

The Ecosystem Policy Team objects due to the level of tree removal and lack of ecological mitigation, and requests approval conditions covering adherence to the Bat Management Plan, bat roost and nesting bird pre-felling surveys, tree planting/landscape plans, and control of outdoor lighting.

The Ecosystem Policy Team object to this application due to the level of tree removal, which seems excessive for the work proposed, and the lack of ecological mitigation.

Concerns: Lack of ecological mitigation., No mitigation or compensation measures have been suggested for the loss of the trees., Potential degradation from outdoor artificial lighting if installed., Potential for roosting bats and nesting birds in the mature trees to be felled without adequate pre-felling assessments., The level of tree removal appears excessive for the work proposed.

Conditions requested: Bat mitigation measures – see the condition request above., No permanent outdoor lighting to be installed unless a sensitive low level lighting plan, following best practise, as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8 on Bats and Artificial Lighting (12th September 2018), has been submitted to Planning and approved in writing., No site clearance, preparatory work or development shall take place until tree planting and updated landscape plans have been submitted to and agreed in writing by Planning. These plans should contain details, including locations and species, of tree, shrub and hedge planting across the site. We recommend that these plans are written in collaboration with an ecologist., No tree removal shall take place until pre-felling assessments for roosting bats and nesting birds have been undertaken by a suitably qualified ecologist and the results have been submitted to Planning and agreed in writing. Should nesting birds be found, or roosting bats or potential roost features for bats be identified then details of additional avoidance and mitigation measures will also need to be supplied. Avoidance measures include the timing of works and working methods such as soft felling, and mitigation measures include the provision of bat boxes.

Department of Infrastructure

Statutory

Conditions

Do not oppose subject to conditions for flood resistant materials and services due to location in flood zone.

DNOC

Concerns: proposed area of works are in a flood zone (surface water ponding)

Department of Infrastructure (DOI) Flood Risk Management Division

Internal

Conditions

Do not oppose subject to conditions relating to flood resistance in a flood zone / surface water ponding area.

Flood Risk Management Comment: DNOC Flood Risk Management Representational History for this case: Conditions The proposed area of works are in a flood zone (surface water ponding). It is recommended that flood resistant materials are used and services are flood resistant.

Concerns: The proposed area of works are in a flood zone (surface water ponding).

Manx Utilities

Public

No Objection

Following removal of the Refectory Garage from revised drawings, Manx Utilities asked that its objection be removed, while strongly recommending contact with Manx Utilities to discuss safe working practices before commencing site works.

On this basis can you please remove our objection to the planning application. We note that the application still includes ground works within the proximity of the overhead line and we strongly recommend that the applicants building contractor contacts Manx Utilities to discuss safe working practices adjacent to the overhead line prior to commencing site works.

Concerns: Ground works remain within the proximity of the overhead line

Manx Utilities Authority

Statutory

No Objection

Manx Utilities objected due to the presence of a high voltage overhead line in/adjacent to the garage, but later indicated the objection could be removed following revised drawings removing the refectory garage.

On this basis can you please remove our objection to the planning application.

Concerns: building a garage under the existing 33kV high voltage overhead line, ground works within the proximity of the overhead line

Agriculture & Lands Directorate

Statutory

Object

The consultee maintains an objection, arguing additional tree removal requirements and insufficient confidence in feasibility/risk mitigation for retained trees.

I will be maintaining the objection on behalf of the Agriculture and Lands Directorate.

Concerns: Additional arboricultural information not site-specific for permanent ground protection methods, providing no greater confidence, Requirement to remove an additional category B sycamore tree, making the objection more severe, Unacceptable level of risk to retained trees

Agriculture and Lands Directorate

Statutory

Object

Maintaining objection due to removal of additional category B sycamore tree and unacceptable risk to retained trees; additional arboricultural info inadequate.

I will be maintaining the objection on behalf of the Agriculture and Lands Directorate. In fact, the objection is now more severe due to the requirement to remove an additional category B sycamore tree.

Concerns: Additional arboricultural information not site-specific, Removal of 2 category B sycamore trees, Unacceptable level of risk to retained trees

Agriculture and Lands Directorate, Department of Environment, Food and Agriculture

Statutory

Object

The Agriculture and Lands Directorate maintains and strengthens its objection, citing additional required removal of category B sycamore trees and concerns that the additional information does not address feasibility or acceptable risk to retained trees.

Concerns: Implementation would permit an unacceptable level of risk to retained trees, Objection more severe due to requirement to remove an additional category B sycamore tree, Permanent ground protection methods are not site-specific, giving no greater confidence in feasibility or outcome for retained trees, Removal of the 2 category B sycamore trees causes an objection irrespective of other issues

Highways

Internal

No Objection

Highways acknowledged the additional information and advised that they had no further comments beyond those already made.

Highways acknowledge the additional information provided 06/02/23 for the above application and advice that we have no further comments to add to those made on 11/01/23.

DEFA, Planning

Internal

No Objection

Highways Development Control notes the amended plans and states there is no further comment, as amendments have no material effect on access or parking provision.

Highway have no further comments to add to those made on 11/01/2023.

DOI Highways

Statutory

Neutral

Highways note amended plans satisfy tree protection with no material effect on access or parking; no further comments.

Highway have no further comments to add to those made on 11/01/2023.

DOI, Highways Development Control

Internal

Neutral

Highways DC noted amended plans and stated the amendments satisfy tree protection requirements with no material effect on access or parking provision, and that there were no further comments beyond those already made.

Highways DC note the amended plans submitted for the below application. The amendments are indented to satisfy tree protection requirements and have no material effect on access or parking provision. Highway have no further comments to add to those made on 11/01/2023.

Dunlop, Adam

Internal

No Objection

Highways Development Control noted the amended plans and stated the highway has no further comments.

Highway have no further comments to add to those made on 11/01/2023.

Highways DC

Internal

Neutral

Highways Development Control

Statutory

No Objection

Highways DC noted the amended plans and stated the amendments have no material effect on access or parking provision, and that there are no further comments beyond those made previously.

Highway have no further comments to add to those made on 11/01/2023.

DEFA

Statutory

Object

The Ecosystem Policy Team objects due to excessive tree removal and insufficient ecological mitigation, requesting that approval (if granted) be subject to conditions securing bat management, tree retention/planting, pre-felling ecological assessments, and controls on site clearance, tree removal, and outdoor lighting.

The Ecosystem Policy Team object to this application due to the level of tree removal, which seems excessive for the work proposed, and the lack of ecological mitigation.

Concerns: As of yet no mitigation or compensation measures have been suggested for the loss of the trees, Insufficient ecological consideration as to whether impacts could be avoided, Lack of ecological mitigation, Potential for outdoor artificial lighting to degrade the area for bats, Potential for roosting bats and nesting birds in mature trees to be felled without appropriate pre-felling assessments, The level of tree removal seems excessive for the work proposed

Conditions requested: A condition is secured on approval for the development to be undertaken strictly in accordance with the Bat Management Plan by B.A.T Ecological dated November 2021; the identified measures within the report shall be adhered to and implemented in full and maintained thereafter., Bat mitigation measures – see the condition request above., No permanent outdoor lighting to be installed unless a sensitive low level lighting plan, following best practise, as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8 on Bats and Artificial Lighting (12th September 2018), has been submitted to Planning and approved in writing., No site clearance, preparatory work or development shall take place until tree planting and updated landscape plans have been submitted to and agreed in writing by Planning. These plans should contain details, including locations and species, of tree, shrub and hedge planting across the site., No tree removal shall take place until pre-felling assessments for roosting bats and nesting birds have been undertaken by a suitably qualified ecologist and the results have been submitted to Planning and agreed in writing.

DEFA Ecosystem Policy Team

Statutory

Object

The Ecosystem Policy Team object due to the level of tree removal and lack of ecological mitigation, and requests conditions to secure compliance with the Bat Management Plan and related ecological measures.

The Ecosystem Policy Team object to this application due to the level of tree removal, which seems excessive for the work proposed, and the lack of ecological mitigation.

Concerns: Lack of ecological mitigation/compensation for loss of trees, Level of tree removal appears excessive for the work proposed, No ecological consideration as to whether impacts could be avoided in the first place, Potential impacts from outdoor lighting degrading the area for bats, Potential impacts to roosting bats and nesting birds from tree felling without adequate pre-felling assessments

Conditions requested: Bat mitigation measures to be secured as per the condition request above, If approved, undertake strictly in accordance with the Bat Management Plan (B.A.T Ecological dated November 2021), adhere to and implement identified measures in full and maintain thereafter, No permanent outdoor lighting unless a sensitive low level lighting plan has been submitted to Planning and approved in writing, No site clearance, preparatory work or development until tree planting and updated landscape plans have been submitted to and agreed in writing by Planning, including locations and species of tree, shrub and hedge planting, No tree removal until pre-felling assessments for roosting bats and nesting birds have been undertaken by a suitably qualified ecologist and results submitted to Planning and agreed in writing, with additional avoidance/mitigation measures if nesting birds or bats/potential roost features are identified

Department of Environment, Food & Agriculture

Statutory

Object

The Ecosystem Policy Team objects due to excessive tree removal and lack of ecological mitigation, requesting approval be conditioned to secure bat mitigation, pre-felling surveys, tree planting/landscape plans, and restrictions on outdoor lighting.

The Ecosystem Policy Team object to this application due to the level of tree removal, which seems excessive for the work proposed, and the lack of ecological mitigation.

Concerns: Lack of ecological mitigation/compensation measures for loss of trees, Level of tree removal is excessive for the work proposed, Potential degradation to bats from outdoor artificial lighting if installed, Potential for roosting bats and nesting birds in mature trees to be felled without adequate pre-felling assessments

Conditions requested: Bat mitigation measures – see the condition request above., No permanent outdoor lighting to be installed unless a sensitive low level lighting plan, following best practise, as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8 on Bats and Artificial Lighting (12th September 2018), has been submitted to Planning and approved in writing., No site clearance, preparatory work or development shall take place until tree planting and updated landscape plans have been submitted to and agreed in writing by Planning. These plans should contain details, including locations and species, of tree, shrub and hedge planting across the site., No tree removal shall take place until pre-felling assessments for roosting bats and nesting birds have been undertaken by a suitably qualified ecologist and the results have been submitted to Planning and agreed in writing. Should nesting birds be found, or roosting bats or potential roost features for bats be identified then details of additional avoidance and mitigation measures will also need to be supplied.

Department of Environment, Food & Agriculture (DEFA)

Statutory

No Objection

DEFA confirms arboricultural method statement satisfies the condition.

The information included in the methods statement would satisfy the condition from my perspective.

Forestry team in DEFA

Internal

No Objection

The Forestry team in DEFA advised that, following review of the submitted documents, the information satisfies the relevant clauses for condition 2.

The advice received on 18/08/2023, after their review of the submitted documents, concludes that they are pleased to confirm that the information satisfies the relevant clauses.

Policies Assessed (6)

S16

Town and Country Planning Act 1999 Section 16 Registered buildings: supplementary provisions

the building's special interest is being preserved

1/01

Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

SP4

Strategic Policy 4

strategic policy 4, general policy 2, environment policy 32 and environment policy 34

Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance. 4.3.8 The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors. At the same time a slavish following of past design idioms, evolved for earlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe. 4.3.9 The Department recognises the need to raise the quality of the Island's architecture and built environment and is pursuing this through the development control process and the commissioning of its own schemes and environmental improvements. At the same ti me it appreciates that the debate about good design needs to be broadened to include those who design, construct and finance new development and the wider community as we are all affected by the end product. To this end it welcomes the Isle of Man Arts Co uncil's National Arts Development Strategy 2005 - 2014 which has as one of its objectives, to raise the quality of the Island's architecture and built environment by encouraging debate on architectural standards, town and country planning, urban regenerati on and public art. This Strategy recognises that debate will have to take place over time. 4.3.10 In the meantime, the Department considers that, while there are a number of policies in the Strategic Plan which cover various elements of the design of new development e.g. General Policy 2 (a) -(i), ( m) and (n), and various Housing policies, there is a need for a further statement on the need to secure quality in the design of new development. In the preparation of Area Plans the Department will include development briefs that set out design principles for significant sites including new residential areas. Subsequent planning applications will be required to be accompanied by a Design Statement setting out the way in which the proposal has been designed to take into account its context and how the design principles have been developed. 4.3.11 At the same time as wishing to promote good design in new development the Department recognises that there are an increasing number of alternative styles of housing which draw their design principles from the wish to promote sustainability and energy efficiency. Many of these can be incorporated into both modern and traditional designs but in some cases they produce a completely different structure or form of buildings, for exa mple underground (1)Registered Building is defined in Appendix 1 (2) Conservation Area is defined in Appendix 1 housing. While wishing to conserve the historic landscape of the Island the Department welcomes new styles of housing as long as they take into account the landscape context and the impact on the amenities of the area in which they are si ted. Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development.

GP2

General Policy 2

strategic policy 4, general policy 2, environment policy 32 and environment policy 34

General Policy 2: 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (e) does not affect adversely public views of the sea; (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; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development

RB/3

POLICY RB/3

Planning Policy Statements: 1/01

POLICY RB/3 General criteria applied in considering registered building applications The issues that are generally relevant to the consideration of all registered building applications are:- • The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context; • The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register; • The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).

RB/5

POLICY RB/5

Planning Policy Statements: 1/01

POLICY RB/5 ALTERATIONS AND EXTENSIONS In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals. Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative affect upon the building's special interest as a result of several minor works which may individually seem of little consequence.

Conditions (4)

Condition 1

The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Condition 2

Prior to the commencement of any works in relation to the new access and driveway hereby approved, an Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The AMS should address: - (a) The specification of the protective fencing to be used - (b) Removal of existing structures and hard surfacing - (c) The installation of temporary ground protection - (d) The installation of new hard surfacing (materials, design constraints and implications for levels) - (e) Retaining structures to facilitate changes in ground levels - (f) Preparatory works for new landscaping - (g) How the project arboriculturist and/or construction manager will carry out arboricultural site monitoring, including a schedule of specific site events requiring input or inspection The agreed protection measures and construction methods shall adhered to in full.

Condition 3

No landscaping works shall take place until a tree planting plan is submitted to and agreed in writing by the Department. Where applicable the plan shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape recommendations) and in all cases shall include the following details: - (a) the exact location, species, nursery specification and planting specification of each tree (or group of trees) to be planted. Where groups or larger areas are to be planted please state the area and planting density. - (b) the approximate date when they are to be planted - (c) how they will be maintained until successfully established. The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Condition 4

All development hereby approved shall be undertaken strictly in accordance with the Bat Management Plan dated November 2021. The measures identified in the plan shall be adhered to and implemented in full and maintained thereafter. Reason: To safeguard the protected species (bats).

Alterations and renovation works to property, and alterations to site accesses (in association with RB application 22/01310/CON)

Why Was This Approved?

Site Observations

Consultation Responses

Policies Assessed (6)

Conditions (4)

Planning History (8)

Documents (70 · 20 superseded)

Source & Provenance