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The site is the land associated with Ballagarmin, a large house situated to the east of Colby with a public footpath running to the east, from the top end of the Colby Glen Road to the A7 Main Road. The site extends to 15 acres (6 ha). To the south west of the site is Ballacriy Park which is not shown on the location plan and to the south if Cronk Cullyn and Cronk y Thatcher which is also not shown.
Access to the site is via a long lane from the A7. The lane is a typical farm lane with two tracks separated by a central grass strip.
The site lies within an area designated on the Arbory and East Rushen Local Plan as Open Space and High Landscape Value and Scenic Significance. On the draft Southern Area Plan which was published in January, 2011 the site lies within an area designated as Open Space and within a landscape character area of Incised Slopes where the draft Written Statement includes the following:
"Incised Slopes - Ballamodha -
Landscape Character Area 2 - Ballamodha, Earystane, and St Mark's:
This is a fairly resilient landscape which has accommodated incursions of modern built development without severe detriment. However, some of the larger-scale residential developments lack either the topographical setting or the groups of trees which might have mitigated their visual impact."
The draft Planning Policy Statement 2/09 - The Role of Landscape Character in Development states:
The overall strategy for the protection and enhancement of the Incised Slopes Landscape Character Type is to conserve and enhance: the remote and rural character; the relatively sparse settlement pattern of traditional hamlets and scattered farm buildings; the network of sunken and enclosed rural roads; and the substantial hedgerows and sod banks dividing irregularly-shaped pastoral fields. Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:
Proposed is the surfacing of the existing lane with a layer of compacted and rolled compacted hardcore with compacted scals and planings on top, raising the level of the lane by 100mm. Also proposed is the establishment of drainage channels on each side of the lane, maximum width 3m.
The following applications have been submitted in respect of this site:
PA 88/01141/B - Reconstruction of existing driveway for vehicular use, from Colby Main Road to Ballagarmin, Land at Ballablack Farm, Colby, Arbory.
Status - Application Permitted on Review PA 93/00473/B - Alterations and provision of additional living accommodation, Ballagarmin House, near Colby, Arbory. Status - Application Permitted on Review PA 94/01222/B - Refurbishment and excavation of ponds to control drainage, Ballagarman House, near Colby, Arbory. Status - Application Permitted on Review
PA 95/00410/A - Approval in principle to demolish and rebuild the western side of Ballagarman House, Near Colby, Arbor. Status - Application Permitted on Review
PA 95/00980/B - Alterations and extensions to rear of dwelling, Ballagarman House, Nr Colby, Arbor. Status - Application Permitted on Review
PA 96/00667/B - Re-construction of existing driveway from Colby Main Road to Ballagarmin, Arbor. Status - Refused 2nd October 1996
PA 97/01306/B - Raising of roof and installation of additional windows and doors, Ballagarmin House, Colby, Arbor. Status - Permitted 31st December 1997
PA 01/01475/B - Demolition and rebuilding of part of dwelling (amendment to approved PA 97/1306) Status - Permitted 20th December 2001
PA 01/01117/A - Approval in principle for restoration of former dwelling to create tourist accommodation Status - Refused at Appeal - 31st May 2002
PA 05/01795/B - Amendments to approved extension and rebuilt area of dwelling Status - Permitted 8th November 2005
PA 08/00997/B - Window alterations Status - Permitted
PA 10/0509 - erection of an agricultural building - permitted
The approval granted under 05/1795 has begun to be implemented and it is intended to use some of the demolition material in the proposed access works. The applicant has been in contact with the Footpaths Division of Department of Infrastructure in respect of works to the footpath during construction and demolition.
The Arbor Parish Commissioners suggest that the comments of the Footpaths Division should be obtained.
Highways and Traffic Division indicate that there are no adverse impacts from the proposed development.
The works will enable the lane to be used more frequently and more conveniently without any significant detriment to the appearance or character of the site. The Footpaths Division is aware of the application and has no adverse comment to make.
The local authority is, 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.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 15.03.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the surfacing of the existing lane as shown and described in drawing reference 09 0590 04 received on 4th February, 2011.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.
Decision Made : Permitted Date: 15.03.2011
Signed: Senior Planning Officer
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