DEC Decision Notice (Part 2 of 2)

5.11 Manx Birdlife recommend that the scheme will significantly enhance the ecology of the area and the assurance of a long term monitoring programme to evaluate the change in species afford a rare opportunity to measure how sensitive habitat creation and management can benefit wildlife. 5.12 Manx Electricity Authority recommend consultation regarding the provision of electricity supplies to the development. 5.13 Department of Environment, Food and Agriculture recommend consultation regarding work in proximity to a watercourse.

Assessment

6.1 The applications describe very different works and each can and should be considered separately from each other. It is not necessarily the case that all four of the proposals would have to be approved and implemented in order for the botanical gardens to take effect although it is certainly the case that botanically and operationally it is the applicant's view that the scheme would work best if all four elements were approved. 6.2 The subject of this current application is the creation of the production house/greenhouse, associated terracing and the creation of a walled garden. It is not anticipated that this element (or any other) will be regularly open to the public. In this respect it is relevant that access to the production house is past Mallards, the applicant's dwelling. The building is critical for the operation of the botanical garden but has arguably the least impact due to the topography of the site and the location of the building. It is a sizeable structure but will be screened from private and public views by the existing landform, the railway cutting and existing vegetation. 6.3 The walled garden will present a more formal character to the current open area but its function will still be for growing flowers, fruit and vegetables and not for recreation or leisure or part of a residential curtilage. 6.4 It is difficult and possibly not reasonable to disassociate this element of the application from the wider intentions to create a facility for exploration, education, research and wildlife. However, this part of the scheme is removed from most local residents, is lower than and separated from the nearest properties by the railway cutting and does not include any proposals for access, car parking or changes to the hydrology. On its own it is unlikely to create significant traffic and without the gardener's compound which is the subject of another application, traffic would be restricted to through Mallards and for staff, both of which are considered to be acceptable in highway terms and considering the impact on neighbours. 6.5 It is considered that this application is acceptable and is recommended for approval, subject to conditions regarding lighting. There is nothing in the application which indicates that the production house will involve lighting, its location chosen partly as it is south facing and the introduction of lighting here could have significant impacts on the environment and neighbours' amenities. The scale of the works and materials required are much less significant than those involved in other phases of the work and as such, concerns regarding timescale of works and construction access are not considered to be matters which should form the subject of conditions.

Party Status

7.1 The local authority, Santon Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.

7.2 The owners of the following properties are close to the proposed works and as such should be afforded party status in this particular case:

Ballavale Farmhouse Ballavale Barns 7.3 The following agencies are statutory authorities and raise material planning considerations and as such should be afforded party status in this case: the Isle of Man Water and Sewerage Authority Manx National Heritage Department of Environment, Food and Agriculture 7.4 The owners of the following properties are not directly affected by the works which are shown in this current application and as such should not be afforded party status in this case:

Ballachrink Mill Glen Grenaugh House Grenaugh Beg Colas Holdings (IOM) Ltd 7.5 Department of Infrastructure Highways are part of the Department of which the Planning Authority is also part and under the 2005 Order should not be afforded party status 7.6 MEA does not raise material planning considerations and should not be afforded party status in this case. 7.7 Manx Birdlife is not a statutory authority and as such should not be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of 31.12.2013

Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> O : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2.

This approval relates to the construction of a production house and walled garden as shown and described in the following drawings:

P011 P018 P106 P107 P306 P307 P902 X008 X901

NOTE: whilst many other drawings and information have been submitted, these are not considered relevant to this particular application, are outwith the site of this application or are artist's impressions rather than accurate, scaled drawings.

C 3. No approval is hereby granted or implied to any external lighting within the site or any internal lighting within the production house which could cast light outwith the production house itself.

C 4. Prior to any public use or access to the site, there must be submitted to and approved by the Planning Authority a statement of public usage for the site outlining times and frequency of usage and arrangements for transportation and parking and the site may only be used by the public thereafter in accordance with this statement.

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 : $\qquad$ Committee Meeting Date : 27.1.14

Signed : $\qquad$ $\qquad$ Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO

Case Number	: 13/00832/B
Proposal	: Creation of meadow orchard, meadow, lake, wetlands, boglands and glen
Status	: Pending Consideration

Case Number	: 13/00831/B
Proposal	: Creation of water cascade and amphitheatre
Status	: Pending Consideration

Case Number	: 13/00834/B
Proposal	: Creation of gardeners compound and sensory garden
Status	: Pending Consideration

Case Number	: 13/00830/B
Proposal	: Creation of a Production House and water garden
Status	: Pending Consideration

Case Number	: 12/01072/D
Proposal	: Erection of hoarding
Status	: Application Invalid

Initial Decision	: Invalid Application	19th October 2012
No Conditions

Case Number	: 12/00385/B
Proposal	: Erection of polytunnel
Status	: Permitted

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This approval relates to the erection of a polytunnel as proposed in the submitted documents and drawings P001 REVA and P002 REVA received on 13th March 2012 and P003 received on 3rd April 2012.

1. The building must be used only for agricultural / horticulture purposes.

Page 1

Initial Decision	: Permitted	10th May 2012
Conditions

Case Number	: 12/00355/B
Proposal	: Demolition of existing buildings and erection of a replacement dwelling
Status	: Permitted

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This approval relates to the Design Statement and drawing no.s 1106P001, 1106P101, 1106P102, 1106P103, 1106P301, 1106P302, 1106P303 and 1106X001 date stamped the 7th March 2012.

1. Those elevations shown as being finished with a living wall construction shall be constructed and maintained in accordance with living wall specification detailed within the submitted Design Statement, date stamped the 7th March 2012, for the lifespan of the building.

1. Prior to the construction of the dwelling further details of improved visibility to the access onto Ballavale Road from the application site shall be submitted and agreed by the Planning Authority. Thereafter the visibility must be set out in accordance with the agreed scheme prior to the first occupation of the dwelling. - condition 4 satisfied. 11.06.12

Initial Decision	: Permitted	21st May 2012
Conditions	:

Case Number	: 11/00903/B
Proposal	: Erection of a replacement dwelling
Status	: Refused

Initial Decision	: Refused	30th August 2011
Conditions	:

Case Number	: 10/01883/B
Proposal	: Erection of a replacement dwelling
Status	: Appeal Withdrawn

Page 2

Appeal Reference	: AP11/0035
Appeal Decision	: Appeal Withdrawn 21st April 2011
Conditions	: If in the planning database, as follows.

Case Number : 07/02088/B Proposal : Erection of an agricultural building Status : Permitted

Initial Decision : Permitted 14th February 2008 Conditions :

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This permission relates to the erection of an agricultural building shown by the plans and information, Location Plan, Plans/Elevation and Site Plan as submitted and date stamped 12th November 2007.
3. The approved building must be used for agricultural purposes only.
4. The roof of the approved agricultural building must be grey or dark green.
5. There must be no development within 8 metres of the watercourse to ensure the retention of habitat, prevent disturbance to the watercourse and minimise the risk of riverbank erosion. The applicant is advised to contact the Inland Fisheries Section for further advice if necessary.

Case Number : 07/01456/A Proposal : Approval in principle for the erection of a dwelling and out buildings Status : Refused

Initial Decision : Refused 18th September 2007 Conditions :

Case Number : 95/00314/A Proposal : Approval in principle for demolition of existing barn and re-establishment of livery business with associated dwelling, Field No. 1820, Santon. Status : Refused

Initial Decision : Refused 8th August 1995 Conditions :

Case Number : 94/00979/A Proposal : Approval in principle for erection of dwelling, Field No. 1820, Santon. Status : Refused at Appeal

Appeal Reference : 94/00979/A

Appeal Decision : Refused at Appeal 18th July 1995 Conditions : If in the planning database, as follows.

Case Number	:	87/01655/B
Proposal	:	Erection of new barn, land adjacent to Santon Railway Station, Santon.
Status	:	Permitted

Initial Decision	:	Permitted	1st January 1994
No Conditions

Case Number	:	87/01097/B
Proposal	:	Erection of new barn, Land adjacent to Santon Railway Station, off Castletown Road, Santon
Status	:	Refused

Initial Decision	:	Refused	1st January 1994
No Conditions

Case Number	:	87/00173/B
Proposal	:	Extension to enlarge porch and form balcony over, Mallards, Port Grenaugh Road, Santon
Status	:	Permitted

Initial Decision	:	Permitted	1st January 1994
No Conditions

Case Number	:	86/01223/B
Proposal	:	Erection of block of 6 loose boxes and W.C., Land opposite Railway Station, Ballavale, off Castletown Road, Santon
Status	:	Permitted

Initial Decision	:	Permitted	1st January 1994
No Conditions

PA13/00830/B Richmond Square Design Ltd Creation of a Production House and water garden, Field 514148 Ballavale Road Santon Isle Of Man Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 18.07.2013, includes;

Dev Control Polygons: Reference Number: 12/00385/B Status: Permitted Proposal: Erection of polytunnel Reference Number: 07/02088/B Status: Permitted Proposal: Erection of an agricultural building Reference Number: 13/00830/B Status: Pending Consideration Proposal: Creation of a Production House and water garden