DEC Officer Report

Application No.: 19/00584/B Applicant: Ms Clare & Ms Elizabeth Harkin Proposal: Drainage works (partial retrospective) Site Address: Field 135284 (Northfield) Adjoining Ballagrest Bride Road Lezayre Isle Of Man Planning Officer: Mr Nick Salt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.07.2019 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions 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.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received 20th May 2019:

o Location Plan
o Site Location Plan P.1661 PA/01
o Photographs of the site x7
o General arrangement as existing and proposed P.1661 PA/03 _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is a field under the ownership of, and to the immediate north of, 'Ballagrest', a detached dwelling 200m to the north of Mooragh Promenade in Ramsey. The field itself is approximately 120m long and 40m wide on average and is bounded to the east by the beach, where the land falls away as a small cliff. On the west the field is bounded by Bride Road.

1.2 Previously on site there had been a Victorian drain from the far side of the Bride Road, across the road, through the field in question and draining out onto the beach. After flooding and land subsidence issues in recent years, the direction of the drain has been routed to the south of the original, again dispersing onto the beach via a temporary outfall/energy dissipater consisting of rocks and stone.

2.0 THE PROPOSAL - 2.1 The application is a partially retrospective one. The works to the drainage route, and the creation of a concrete manhole in the field have already been carried out. There are further works proposed to provide a more permanent outlet for the drain at the beach, using stones and general fill in the washout area subject to the land slip, and a piled outfall structure for 25m along the beach for the purpose of controlling the output flow. The drain itself is covered in top soil and grass, with the field restored to its original appearance.

3.0 PLANNING HISTORY - 3.1 There is no planning history which is considered materially relevant to this application.

4.0 PLANNING POLICY - 4.1 The application site is in an Area of High Landscape or Coastal Value and Scenic Significance (AHLCVSS) on the 1982 Development Plan. - 4.2 There are therefore a number of Strategic Plan Policies which are relevant to this application:

4.2.1 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, historic, or social value and interest; (Housing Policy 11);
(c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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.

4.2.2 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."

4.2.3 Environment Policy 2:

"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:

(a) the development would not harm the character and quality of the landscape; or
(b) the location for the development is essential."

4.3 With regard to the coastal nature of the development, the following two policies are also of importance:

4.3.1 Environment Policy 9:

"A precautionary approach will be adopted for development relating to land affected, or likely to be affected, by erosion or land instability. In the case of receding cliffs, development will not be permitted in areas where erosion is likely to occur during the lifetime of the building."

4.3.2 Environment Policy 11:

"Coastal development will only be permitted where it would not:

i) increase or transfer the risk of flooding or coastal erosion through its impact on natural coastal processes;
ii) prejudice the capacity of the coast to form a natural sea defence; and
iii) increase the need for additional coast protection works except where necessary to protect existing investment or development."

5.0 REPRESENTATIONS - 5.1 Lezayre Parish Commissioners have no objection to the application (14.06.19). - 5.2 DoI Highway Services have no objection to the application (20.06.19).

6.0 ASSESSMENT - 6.1 The key considerations in the assessment of this application are the principle of the works, the environmental impact and the visual impact on the countryside. - 6.2 Principle of the works

6.2.1 The site is within an area not zoned for development. In that regard, part (c) of General Policy 3 is considered as criteria for an exception to the restriction on development in the area. That policy states (as per Section 4.2.1 of this report) that "development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of… where redevelopment would reduce the impact of the current situation on the landscape or the wider environment."
6.2.2 The works are being, and have been, undertaken to control the drainage through the field and provide a stable outlay for the water in an attempt to prevent further land subsidence as experienced in 2014. It is therefore considered that there is sufficient justification for the works and that they are acceptable in principle.
6.3 Environmental Concerns

6.3.1 As the proposal involves engineering works in the land adjacent to the beach and within an AHLCVSS, the environment impact must be considered. As noted in 6.2.1, the correct installation of a modern drainage system to replace the previously damaged one is likely to reduce the impact on the land from erosion caused by run off or flooding. The outlay would use stones and rocks to break up the flow of water and limit speed of that water and therefore reduce its potential to impact the area. As per EP11, the new drainage is it considered likely to result in any of the issues set out within that policy. Properly controlled drainage in this area could reduce the speed of erosion of that section of coast.

6.4 Visual impact on the countryside

6.4.1 visually, the visible parts of the proposal are the concrete manhole cover which sits above ground by around 1m, and the drainage exit at the beach which would be stones and rocks used to break up the flow.

6.4.2 The manhole cover would not be visible from public vantage points, sitting within the field itself. The exit would have a much lesser visual impact than the sunken area of land caused by previous subsidence. The use of rocks and stones would not appear completely out of place adjacent to a shingle beach. Any visual concerns ere would be outweighed by the wider environmental benefits.
7.0 CONCLUSION

7.1 In summary, the proposal is broadly in accordance with the aforementioned policies and its considered acceptable. It is therefore recommended for 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:

(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.

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 can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 02.07.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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