Loading document...
two full storeys of accommodation and under-building. The dwelling will be finished in natural stone and render, with decorative quoins. 29. The dwelling will provide seven bedrooms with three guest bedrooms which are accessible from an external staircase but also accessible from within the dwelling. A swimming pool will be provided in the basement along with private leisure facilities (cinema room, gym and bar/recreation room). 30. The house is neither traditional nor innovative and modern. It has a hipped slated roof, a mixture of stone facing on the lower ground and ground floors, Artstone copings, quoins and string courses. The building is around 33m by 41m at its longest and widest with a main core which has a 21m frontage and projects back by 30m. 31. A new access into the site will be created which is 32m from the access road. Visibility splays will be created by setting back the road by around 1m with gorse and hawthorn planted behind it. The re-aligned watercourse will run behind this. Visibility splays of 2.4m by 100 will be available to the north east and 2.4m by 160m to the south west. 32. The floor level of the dwelling will be 1m higher than the road level alongside and the house will be 23m from the road at its nearest point. The dwelling will be positioned just on the roadward side of the existing metal and concrete structure. ### Planning History 33. Planning applications have been submitted previously on the site including one, PA 04/0524 for the reclamation of the site including the erection of a dwelling. This was refused for the following reasons: "The site forms part of a larger area which is known to have extreme levels of heavy metal contamination. The Foxdale Local Plan 1999 designates the area as being in need of reclamation and states that the area would be suitable for use as 'open space' only. The application which proposes levelling and filling of the site with inert materials, treatment of the water course and the erection of a dwelling would be contrary to the policies set out in the Foxdale Local Plan 1999 by virtue of a. the guidelines set out in Policy F/P/E/2 referring to areas where there is a known risk of heavy metal pollution, have not been complied with, b. the erection of a dwelling would be contrary to the prescribed use as 'open space' set out in the Local Plan Notwithstanding the above, the Planning Committee judges that the reclamation of only part of the area, which is known to be heavily contaminated, would be a piecemeal approach which could harm a future overall strategy to reclaim all of the Louisa Mine Site." and "It is in any case unlikely that appropriate sightlines could be provided to allow safe access onto the highway." ### Representations 34. Department of Environment, Food and Agriculture Environmental Protection Unit's comments were sought on the acceptability of having a dwelling on land which is contaminated with heavy metals and also whether the remediation works are satisfactory. Their response was that in their view the proposal represents an environmental benefit in that the present unauthorised use of the site by scramble bikes etc leading to possible airborne pollution and possible contaminated land runoff would be removed. They explain that this comment is made in consideration of numerous complaints they have received over the years from the individuals and local commissioners concerning environmental health issues, since the adoption of the local plan. Discussion with the Senior Building Control Officer indicates a similar response in respect of the acceptability of living on land which is contaminated - effectively as long as the contaminated material is adequately sealed (in this case with clay and the EPU recommend bentonite) and interception of the water ingress is prevented, this can be acceptable. There are procedures within the Building Regulations (Part C) which deal with development of contaminated land. 35. Malew Parish Commissioners indicate that they do not object to the application. 36. Patrick Parish Commissioners appreciate the environmental benefits of the scheme but remain concerned about contamination spread during construction and urge supervision by EPU and others as appropriate during the works. 37. The owner of Mount View which is around 130m to the south west of the main part of the site, objects to the application on the basis that it is sporadic development which could establish an undesirable precedent for similar development in the countryside. They are also concerned that the site could be used for the applicant's business (a haulage company) and consider that the dwelling is out of character in size and appearance, with the area. 38. The owners of Eairy Mount which is around 200m from the main developed part of the site, express support for the principle of reclaiming the site and removing the contamination but do not approve of the size and style of the house which they consider inappropriate to the locality. They indicate that they have been waiting since the publication of the Wolverhampton Report in 1991 for something to be done with the site to reduce its toxicity and the risk of the spread of the contamination. They would like if the application is permitted for it to be specifically for one and no further dwellings. They also seek that a shortened development period be specified to contain the potential disruption and spread of contamination during construction. They seek assurance that there will be dampening down of material during windy conditions and noise nuisance will not be permitted. They believe that the western and eastern sides of the site should remain undeveloped due to their ecological interest and that work should be restricted to the times specified in the report to avoid threats to lizards (which they say are plentiful in the area) and their habitat. Finally, they suggest that if the application is refused, the owner should be held responsible for the continued destruction of lizard habitat through scrambling and other use of the site. 39. The Manx Electricity Authority seeks consultation regarding the supply of electricity to the site. 40. Manx National Heritage acknowledge that whilst translocation of species is not their preferred option, there is little alternative if the site is to be capped, which it needs to be if it is going to be reclaimed. They welcome the five year management plan of the ecology which will allow the applicant to forward plan. They would prefer to see montbretia not included in the streamside planting as this is a non native species which it is an offence to encourage the spread of on the Island. 41. Department of Environment, Food and Agriculture Wildlife and Conservation Division raise a number of issues regarding species to be introduced and the protection of lizards and orchids. The applicant has provided surveys in respect of these species. Department of Environment, Food and Agriculture notes that work to mine shafts should be undertaken with respect to potential bat roost sites. They indicate that they would prefer to retain the orchids in situ, including the area in the centre of the site but there is potential for translocation to an area further east within the application site. They also note that the proposal will introduce a managed approach to nature conservation which is presently lacking. 42. Department of Economic Development support the application, noting that the proposal will bring about sustained environmental and social benefits for the site and Foxdale as a whole, create ecological enhancement and improvement to highways through the replacement of a collapsed culvert under the road, improvements to drainage in the area and recording features of archaeological interest. They also note the financial benefit to the exchequer through VAT rate benefit and the value to the construction industry. Finally, they note that the development could unlock further residential land for development closer to the village. ### Assessment 43. In addition to the previous application on this site, of relevance is an application which was submitted for the erection of a dwelling on the former Walker's Tip, together with the restoration of the site – PA 00/0744. This application proposed a hipped roofed dwelling. The inspector is critical of the design of the property but his principal concern is the principle of the erection of a dwelling in an area of High Landscape Value and Scenic Significance. He does not consider that the benefits of restoring the appearance of the site justified the erection of a dwelling where one would not normally be permitted. Since then that site has not continued to be used as a tip and has naturalised and is no longer the unattractive eyesore it was at the time of the application. 44. This application differs from that in two ways - firstly since that decision, the Strategic Plan has been introduced which provides general guidance on contaminated sites and how to deal with contamination. Secondly, the Walker's Tip site was not contaminated to the extent that this one is and was not immediately visible from the highway as this site is. Whilst Walker's Tip has had the opportunity to naturalise without assistance from management of the site (and the erection of a dwelling) in this case, The Deads suffer from extreme contamination and continued use which disturbs the material and prevents any natural colonisation of the site. It is unlikely that these uses will be prevented from continuing since the dangers of this were highlighted in the Foxdale Local Plan in 1999 and the uses have continued since then. Even if the scrambling were to cease, it is unlikely that the site would colonise with as much benefit to nature conservation as is proposed here, since the dominant invasive species of thick scrub would be likely to prevail, to the detriment of other more valuable species. 45. Environment Policy 27 seeks enhancement of the natural environment and specifically refers to former mining areas and EP 26 specifically precludes development close to contaminated land. The proposed development would be supported by both of these policies, and whilst the Strategic Plan provision for restoration of contaminated land with an end use as specified in the local or area plan, in this case, the restriction to end use for Open Space has not led to any work towards restoration of this site. Furthermore, it must be borne in mind that the proper reclamation of the site will be a costly exercise which will benefit the wider community of Foxdale with little or no immediate recompense to those funding the works. As such, perhaps it is unrealistic to expect that the site would be restored when there remains a restriction of any development which could help pay for that restoration. 46. The site can be developed in a way which introduces a managed enhancement of the ecology of the site, protection of existing species of interest (orchids through their translocation within the site and lizards through protection during construction and creation of a better habitat with refuges and foraging). A survey on site indicated that lizards were present (supported by the comments from the owners of Eairy Mount) although repeat sightings were not experienced and there was no indication of a colony on the site. The remains of the grading plant (the large structure where the house is to be built) has the potential to provide a refuge and winter habitat for the lizards but there is no evidence that it is being used as such. 47. The application proposes to undertake site clearance at those times when lizards are most active (May - September) when they will be most visible and will be most able to relocate themselves. At other times of the year they are likely to be semi-torpid and could well be injured or killed during the works. It is also considered impracticable to capture and relocate them from this site. Clearance will be supervised and any species found will be caught and removed from the site to safety. 48. The works involve the provision of compensatory habitat which will better support foraging, basking and hibernating. 49. In terms of orchids the continued uncontrolled use of the site for scrambling and access affords no protection of this protected species. The survey undertaken by the applicant reveals many spotted and northern marsh orchids on the site and hawkweed. Any orchids likely to be affected by the works will be translocated as part of the 5 year management plan which also involves controlling gorse scrub and willow and creating habitats more conducive to heathland and grassland. 50. The visual appearance of the site will change considerably and become more formal and managed and the north eastern section will become domestic in appearance and use. The applicant's agent has confirmed that the south western part of the site will have an end use as open space, and will not be part of the residential curtilage. The roadside will be defined by a grassed area in which orchids may continue to grow, and a 1.2m high stone wall beyond which will be landscaped grounds and a large dwelling. 51. The design and appearance of the dwelling has drawn criticism from the owners of Eairy Mount and Mount View. The design does not appear to be of any particular style but the hipped roof and use of quoins is perhaps reminiscent of more modern large dwellings attempting to have an air of elegance and presence. The hipped roofed dwelling with horizontal differentiation in materials style of dwelling can be found on some of the Island's estates (Braddan Hills, Turnberry Avenue) and it is perhaps a little disappointing that the opportunity has not been taken to create a style of dwelling unique to the site (as has been undertaken at Ballacomish in Ballabeg (PA 10/0807) and as was proposed but refused for reasons of principle at Derbyhaven (08/1931) where these houses were designed to make a statement of unique style and quality of finish. Alternatively, larger dwellings have been designed and finished to complement their natural surroundings, such as the dwelling approved under PA 09/0023 on Phildraw Road or where great lengths were taken to design a dwelling which was absorbed into its surroundings - such as Ashdowne House in Santon (PA 12/0355) and Cronk ny Geayee in Malew (PA 10/01150). The proposed dwelling does, however incorporate a hipped slated roof to help reduce its impact in the landscape and utilises Manx stone which should help reduce the impact of the areas of underbuilding. It is not considered that the dwelling would be so out of keeping as to warrant refusal on the grounds of its design and appearance. 52. The adjacent residents have suggested that in order to minimise the impact on the environment in terms not only of noise nuisance but also in terms of the spread of airborne contaminants, that the works are constrained to a two year period. The applicant's agent indicates that they are fully prepared to comply with such a condition and would wish the works to be completed as speedily as possible. 53. There is support for the scheme from those authorities charged with responsibilities which include contamination, and neither local authority for the area objects to the principle or detail of the scheme. 54. There is an objection on the grounds that this site is not designated for development and as such this should be seen as sporadic development in the countryside. This is factually correct. However, the site is also unsightly and potentially dangerous to public health with no practicable means of immediately resolving the situation. There are species on the site which are protected under the Wildlife Act and which are afforded no protection from the current use for motorcycle scrambling. These factors set this site aside from most if not all other sites in the countryside and as such, it is recommended that an exception should be made to the presumption against development in the countryside. The scheme will bring considerable benefits to the visual appearance of the area, will address the social connotations of continued association of Foxdale with contamination and the negative aspects of its mining history, will make enhanced provision for nature conservation and will preserve or record features of archaeology on the site and will result in the release of land to the south west for residential development - land which cannot currently be developed due to constraints in the local plan regarding the timing of the area for reclamation but more importantly, until the interplay of water and contaminated land is remedied. 55. As such, it is considered that the benefits accruing from the scheme outweigh the harm from allowing development in the Island's countryside and the application is recommended for approval. Conditions are recommended in respect of the timing of works to allow protection of lizards, the implementation of the landscaping, the protection of bats during works to existing mine shafts. the omission of montbretia from the proposed planting schedule, the inclusion of areas of measuring the success of the translocation of the orchids in the 5 year management plan, the implementation of an archaeological watching brief and the use of the south western area as open space, not residential curtilage. ### Party Status 56. The local authorities, Malew and Patrick Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. 57. The owners of Mount View and Eairy Mount, whilst not immediately adjacent to the site are close to it and considering the scale of development it is recommended that these parties should be afforded party status. 58. Department of Environment, Food and Agriculture, Department of Economic Development and Manx National Heritage are statutory authorities who raise material planning considerations and as such should be afforded party status in this case. 59. The Manx Electricity Authority does not raise material planning considerations and should not be afforded party status ### Recommendation Recommended Decision: Permitted Date of Recommendation: 10.09.2012
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1.
This permission relates to the erection of a dwelling and associated landscaping, access, remediation and drainage works all as shown in drawings 01A, 02B, 102, 103 A, 104A, 105, 106, 110A111B, 151A, 01D, 02F, 03E, 11A, 12A all received on 26th July, 2012 and 107B and 107B both received on 13th August, 2012, together with the method statement for the translocation of orchids, the ecological management plan 2012-2022, the Planning Statement relating to site remediation, site hydrology and drainage. — All date Stamped 26/7/12
C 2.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 3.
Once commenced, the approved works including site clearance, must all be completed within 2 years of the date of commencement.
C 4.
Site clearance may be undertaken only within the period between May and September in order to mitigate the impact on lizards on the site. A watching brief for lizards must be maintained during site clearance and construction works and any lizards sighted must be relocated by a qualified ecologist.
C 5.
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
C 6.
During any works to existing mine shafts on site, the applicant must ensure that there is no adverse impact on bats which may be roosting there: bats are protected under the Wildlife Act 1990.
NOTE: the applicant should liaise with DEFA in this repsect.
C 7.
The implementation of the landscaping scheme may not include any species which falls under Section 14 of the Wildlife Act 1990 (Amendment) Order 2011). This includes montbretia.
C 8.
The ecological management plan must include a means of measuring the success of the translocation of the orchids. Details of this must be approved by the Planning Authority prior to the occupation of the dwelling and the translocation carried out thereafter in accordance with the approved details. The ecological management plan must also include maps illustrating the proposed management.
C 9.
During the undertaking of the approved works, including site clearance, and particularly in respect of areas of the site where there are features of archaeological interest, the applicant must undertake an archaeological watching brief with any findings recorded and reported to Manx national Heritage.
NOTE: the applicant is encouraged to liaise with Manx National Heritage in respect of the burial of historic mine structures to be buried in order to preserve them.
C 10. The land on the south western side of the road leading to Stoney Mountain Road may be used, after reclamation, as open space and not part of the residential curtilage of the approved dwelling.
C 11. The grassland habitat on the road verge and the area of grassland that includes 212 marsh orchids must be retained and protected from clearance and planting during the proposed works (except for the reduction of the roadside mound which should be undertaken following agreed methodology to reduce damage to the orchids) unless otherwise agreed by the Planning Authority.
C 12. All walling to be created as habitat for lizards, must be unmortared so that the lizards have access to the core of the wall.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : APPROVED Committee Meeting Date : 1/10/12
Signed : G. N. BURKE Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO
Copyright in submitted documents remains with their authors. Request removal
