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Application No.: 24/00458/B Applicant: Cheeseden Investments Limited Proposal: Proposed gardener's store/garage with associated facilities. Site Address: Billown Mansion Billown Ballasalla Isle Of Man IM9 3DL Planning Officer: Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 14.06.2024
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: The development has been approved on an exceptional basis and to ensure proper control of the development.
Reason: To ensure proper control of the development which has been assessed on a gardeners facilities building only as set out in the application.
mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit.
Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period and in the interest of visual amenity.
Reason: To reduce the potential for the approved pruning work to have adverse consequences on the health and longevity of the trees, for the purposes of preserving the amenity value they provide to the area.
N 1. The applicant is to be reminded of their legal obligations for the protection of registered trees as set out in the The Tree Preservation Act 1993 and to prevent any surface water entering a public highway as set out in the Highways Act 1986. Any queries in respect of trees should be directed to DEFA Forestry, and any in respect of highways to DOI Highways Development Control.
While the land is not specifically designated for the erection of a garden/garage store with staff facilities above, the building is to help facilitate the maintenance of the estate grounds of the mansion house and is not to result in any visual or amenity harm nor to cause any adverse impacts on the existing trees and is considered to be acceptable meeting the tests of General Policy 2 (b,c,g), not to undermine Environment Policy 1 and not to undermine or impact existing trees in line with Environment Policy 3 of the Isle of Man Strategic Plan 2016. Suitably worded conditions will be added in respect of the approved use, no creation of any separate living unit and for the tree protection measures.
This approval relates to drawing numbers 1, 2, 3, 4, photo pages 1 and 2, and supporting covering letter all date received 17th April 2024. _______________________________________________________________
None _____________________________________________________________________________
Officer’s Report THE SITE
1.1 The application site relates to Billown Mansion Estate, Malew. The estate sits on the southern side of Douglas Road and west of Malew Road and has private access and a driveway from both the Douglas and Malew Roads. The grounds of the estate cover approximately 24 acres including tennis courts, lakes and gardens. PROPOSAL - 2.1 Erection of a gardeners store with external stair leading to first floor gardener's staff facilities with toilet and changing space. PLANNING HISTORY - 3.1 The site has been subject to a number of previous applications, the below are considered most relevant in this case:
4.1 The site is within an area designated on the Area Plan for the South as 'Low Density Housing in Parkland' (LDHP). The written statement accompanying the plan states that all trees within such areas are deemed to be registered and that until such a time that a Planning Policy Statement is provided for LDHP applications shall be considered against the relevant policies of the Strategic Plan and Planning Circular 8/89. PC 8/89 refers to development of dwellings in Parkland and is perhaps not specifically relevant in this case, given the nature of the proposed garage/store serving the existing mansion house consideration is likely to fall more to the general standards of development outlined in General Policy 2 (b,c,g) in respect of general visual and neighbouring amenity, Environment Policy 1 in seeking to protect the quality of the countryside for its own sake and Environment Policy 3 in the protection of designated woodland areas.
4.2 The site is close to but does not fall within any area recognised as being at flood risk on mapping. The nearest public highways are shown on Infrastructure mapping is the A7 (200m away) and A3 (600m away).
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Malew Parish Commissioners -no objections (01/05/2024).
5.2 Department of Infrastructure Highway Services - Do not oppose (26/04/2024) - no significant negative impact upon highway safety, network functionality and/or parking, as the existing access and site internals are acceptable to accommodate the proposals.
5.3 Department of Infrastructure Highway Drainage Services - request for more information (24/04/2024) - Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. The applicant should demonstrate the control of discharged surface water. - 5.4 DEFA Forestry - comments (14/06/2024) - recommendation to include tree pruning condition to comply with British Standards.
ASSESSMENT 6.1 As noted in 3.0 of this report there's already been a garden store/garage approved on this site under 20/00640/B and which expires 5th Nov 2024. The extant approval has a slightly bigger footprint and taller eaves and ridge, but does not have any first floor accommodation, dormers nor any external staircase. It was to be finished in stone and rosemary clay roof tiles.
6.2 The proposal now seeks approval for a slightly smaller building both in footprint and height but now includes first floor accommodation with two small peaked dormers and an external staircase. The building is also now proposed to be finished in a brick plinth, horizontal timber cladding and rosemary clay roof tiles. There is to be three roller shutter doors providing access to the ground floor garage.
6.3 We must be mindful of three previous applications for conversions on the site (referred to in 3.0). There are policies which support the conversion of rural buildings providing they are
of sufficient interest and those conversions approved in 2001, 2020 and 2023 were to such buildings. However, the culmination of these applications consequently resulting in the loss of available garden and garage storage for the wider site and this increasing the need to provide such facilities elsewhere and a potential spread of development.
6.4 A considerable element weighing in favour of this site and application is that unlike isolated sites across the countryside, this site relates to the large estate grounds of Billown Mansion which is also designated as LDHP and the proposed works for a new store building would be contained within the estate grounds. - 6.5 It could be argued that the previous conversion applications resulting in the grouping all the residential uses together within the existing buildings of interest is perhaps more compatible than having gardens stores on their ground floors and residential uses above. There is no further capacity to convert those remaining buildings. - 6.6 The proposed store now is situated away from the converted residential buildings and other buildings on the site, and is designed as such to provide a more open plan storage building for the sheltered protection of gardening equipment and machinery, and with some small provision of upper floor staff welfare facilities. - 6.7 It is not uncommon to find such garden store/garage buildings within the extents of large mansion houses to aid with the on-going maintenance of the estate grounds, and in this case the building is not considered to be unreasonable in principle. Its siting is away from other buildings and off the main estate road and so not to result in any amenity or impacts to the use of the shared access road. While smaller than that approved previously under 20/00640/B, the building does now include first floor space for staff facilities and peaked dormers which draws more attention to its provision of room within the roof, however the overall style and finish of the roof being in rosemary clays helps to provide an overall in keeping appearance with the general Billown estate but with its timber finish and general building style setting it apart from those older buildings of interest throughout the site. A condition relating to its gardening use and its availability at all times for such use is considered necessary and a condition preventing any creation of a separate planning unit. Other matters (trees, highway drainage) - 6.8 There are a number of trees located within raised planted areas and surrounding the site of the proposed building, however given the existing concrete slab on which the proposed building is to sit and the existing driveway hard surfacing running around the slab, it is not expected that the development of the building will have any adverse harm or impacts to these trees or their rooting systems as to warrant a concern or refusal on the application with drawing number 3 also including tree protection measures. A condition should be added to this affect along with an advisory note reminding the applicant of their obligations under the Tree Preservations Act 1993 in relation to registered trees. - 6.9 DOI Highways Drainage seek details of how surface water will be dealt with. As covered in 4.2 the site is set within large private grounds and considerable distance from the nearest highways. Photographs and drawings also demonstrate the permeable paving and ground coverings surrounding the site. It is not considered that the proposal will undermine those parts of the Manual for Manx roads as to harm the public highways of A7 and A3 given the distance from them and the intermediate permeable surfaces. It should also be noted that there is separate highway legislation that prevents any surface water entering the highway which is specifically referred to in the DOI Highway Drainage comments and any issues could be pursued by them under this legislation.
7.1 While the land is not specifically designated for the erection of a garden/garage store with staff facilities above, the building is to help facilitate the maintenance of the estate
grounds of the mansion house and is not to result in any visual or amenity harm nor to cause any adverse impacts on the existing trees and is considered to be acceptable meeting the tests of General Policy 2 (b,c,g), not to undermine Environment Policy 1 and not to undermine or impact existing trees in line with Environment Policy 3 of the Isle of Man Strategic Plan 2016. Suitably worded conditions will be added in respect of the approved use, no creation of any separate living unit and for the tree protection measures.
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Date : 14.06.2024 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control
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