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Application No.: 23/01164/B Applicant: Mr & Mrs Alan & Pam Lemaire Proposal: Proposed demolition of the old school house and construction of two new semi-detached dwellings Site Address: Old Primary School Kionslieu Hill Foxdale Isle Of Man IM4 3HB Planning Officer: Hamish Laird Photo Taken: 28.02.2024 Site Visit: 28.02.2024 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 25.06.2024
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: To ensure that sufficient on-site parking is provided to serve the development in order to avoid unnecessary on-street parking as per the requirements of the Manual for Manx Roads and Transport Policy 7 in the Adopted Isle of Man Strategic Plan (2016).
Reason: To mitigate against the risk of flooding given the sites location adjoining a recognised area at high risk of flooding from Surface Water.
Reason: To mitigate against any impact on Bats which area protected species; and, to enhance the biodiversity offering of the development.
Reason: To ensure that the development provides an attractive environment and provides an enhanced habitat for the promotion of biodiversity and the eradication of any Japanese Knotweed or other invasive plant species that may be found, in accordance with policies GEN2 b) and f) and Policy ENV4 in the Isle of Man Strategic Plan 2016.
Note: FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason.
The proposed scheme would be an acceptable form of development that has been designed to ensure that it would not harm the use and enjoyment of neighbouring properties and would comply with General Policy 2; ENV4, ENV10, ENV22, ENV26, T4 and T7 of the Isle of Man Strategic Plan 2016; and, the principles of the Residential Design Guide 2021.
Plans/Drawings/Information;
This approval relates to the following drawings and documents date stamped and received 4 October, 2023, unless otherwise stated:
Drawing No. 23-1754-01 Site and Location Plan; Drawing No. 23-1754-03 Ground Floor Plan Proposed;
Report on a bat survey wrt PA 23/01164/B for Foxdale Old School by Manx bat Group dated 18/02/2024; Flood Risk Statement by Penketh Millar at the Old School House, Kioslieu Hill, Foxdale stamped received on 6/6/24.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupier of the following property should not be given Interested Person Status as they are considered not to meet the requirement of being located within 20.0m of the site boundary; and, as such do not have sufficient interest in the subject matter of the application to take part in any subsequent proceedings mentioned in Article 4.2:
2 Glen View, south Cape, Laxey, Isle of Man, IM4 7HY The above person, therefore, does not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021). _____________________________________________________________________________ Officer’s Report
THIS APPLICATION IS REFERRED TO PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE - 1.1 The Old School is a prominent 2-storey building located next to the highway at the junction of Kionslieu Hill and Mineral Terrace with dwellings facing the site located in Archallagan Terrace to the north-east. It is also sited close to the road junction of Kionslieu Hill with the A24 Mines Road to the south-west with Bettridge's Car sales garage located to the south. The site also lies adjacent to the playing fields of the new school and thus the building is quite visible on approach from Mines Road to the west. - 1.2 The former school building is now a dwelling with a 3-car garage housed under a flat roof extension on the south west elevation which was added in 2010. The south west elevation is two storey although the rest of the building appears to be single storey because of the difference between road levels and that of the curtilage of the dwelling. A flight of steps runs up the north-west side elevation leading to Mineral Terrace which emphasises the change in level. - 1.3 The site lies within the Settlement Boundary for Foxdale in a mixed use, predominantly residential area.
2.0 THE PROPOSAL - 2.1 The proposal is a full planning application which seeks the demolition of the old school house and construction of two new semi-detached dwellings. Each unit would be set over three floors and would provide the following accommodation:
3.0 PLANNING POLICY - 3.1. The site lies within an area designated on the Draft Area Plan for the North and West as Predominantly Residential. The Foxdale Local Plan 1999 still refers to the site being a school and playground but approval was granted under PA 95/00068/B. - 3.2 The Foxdale Local Plan 1999 advises at paragraph 1.3 (in part) that in general that Foxdales history is strongly characterised by mining and its general environment pays tribute to that legacy still today. Particular concerns relate to land contamination from mining activities. The Local Plan at Foxdale Primary School para 2.6 advises:
"Foxdale Primary School was built by the Department for Education in 1989 (PA 89/1302) (actually built in 1991) and an amenity area was created immediately behind it (PA91/1214) by the Department of Local Government and the Environment. As these sites have been reclaimed and built upon, the sites themselves are no longer considered to present a hazard to the village in terms of contamination".
3.3 The site is not within a Conservation Area or flood risk area. The site is also not within a Registered Tree Area, and there are no protected trees on site. As such, the following parts of the Strategic Plan are considered relevant: - 3.4 The site lies within an area designated for residential use on the Area Plan for the South
(2013). As such, there is a presumption in favour of residential development here, subject to the general standards of development as set out in General Policy 2 as follows: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
7.34.1 Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is avoided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to:
3.6 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policies 7, 10 and 11; and, Transport Policies T4 and T7.
4.0 PLANNING HISTORY - 4.1 PA93/00101/A - Approval in principle for change to residential usage, Foxdale Old Schoolhouse, Foxdale, Patrick. Permitted - 1/1/94. - 4.2 PA95/00068/B Conversion into residential dwelling, The Old School House, Foxdale, Patrick. Permitted - 2/5/95 - 4.3 PA04/00241/B - Erection of a triple garage and store room extension with terrace and balustrade over, to south west elevation of former - Permitted - 20.04.2004
5.0 REPRESENTATIONS - 5.1 Patrick Parish Commissioners (12/12/23) comments that: "The Commissioners have concerns over the external finish" - 5.2 DoI Highways Services (13/10/23) comments: "23/01164/B - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as it is a modest increase in use of the existing access, subject to access, parking and layout on approved plans being implemented before first occupation of the dwellings."
5.3 DoI Flood Risk Management Team - 7/11/23 - comments: "This property is in a flood risk area and we would like to receive and review a Flood Risk Assessment before making a comment. Recommendation - Defer." - 5.4 DoI Flood Risk Management Team - 10/6/24 - comments: "We propose that the mitigation measures (4.0) in the Flood Risk Assessment be conditioned. Please note that the IOM currently does not have a public flood warning and any demountable flood barriers should be stored within easy access of the door to be protected. Recommendation: DNOC - Do not oppose subject to conditions." - 5.5 Manx Utilities Authority (MUA) - 17/11/23 - comments: "Further to the above planning application please be advised we have no separate surface water drainage in the area (see plan below) we will not allow the SW into the combined system. Please can you confirm how SW will be discharged? The public sewer also crosses the site, please refer to the plan below." - 5.6 Ecosystems Policy Team - 31/10/23 - comments: "The Old Primary School is an old building located immediately adjacent to a vegetated river corridor in an area with multiple bat records. The Ecosystem Policy Team therefore recommend that a preliminary assessment for roosting bats is undertaken on the building by a suitably qualified ecological consultancy. A report detailing the findings of the preliminary assessment and any additional surveys, alongside appropriate avoidance and mitigation measures, to ensure that bats are protected during and after development, should be submitted to Planning prior to determination of the application.
Preliminary assessments for bats can be undertaken at any time throughout the year. However, if emergence/re-entry surveys to confirm roost presence are required then there are seasonal requirements (they need to be undertaken between May - August).
Bat surveys are required to identify the species of bat utilising the property, their abundance and whether they are breeding and this will determine the mitigation required.
Bat surveys should be undertaken in accordance with the Bat Conservation Trusts Bat Surveys for Professional Ecologists - Good Practice Guidelines (3rd Edition 2016).
Survey reports should be submitted prior to determination of this application, in line with best practise, which is referred to in Section 9.2.4 of the British Standard Biodiversity - Code of Best Practise for Planning and Development (BS 42020:2013). Which states: The presence or absence of protected species, and the extent to which they could be affected by the proposed development, should be established before planning permission is granted; otherwise all material considerations might not have been considered in making the decision. The use of planning conditions to secure ecological surveys after planning permission has been granted should therefore only be applied in exceptional circumstances, such as where original survey work will need to be repeated because the survey data might be out of date before commencement of development, etc. Bats are listed on Schedule 5 of the Wildlife Act 1990; they are protected by law and it is an offence to:
intentionally or recklessly kill, injure or take a bat; intentionally or recklessly damage or destroy, or obstruct access to, any structure or place
which bats use for shelter or protection;
intentionally or recklessly disturbs any bat while it is occupying a structure or place which it uses for that purpose. The maximum penalty that can be imposed is a fine up to 10,000 pounds. The Ecosystem Policy Team have multiple records of Wildlife Act 1990 Schedule 8 invasive nonnative Japanese knotweed in the river at the bottom of the Old School House's garden. Due to its invasive nature there is potential for Japanese knotweed to be present in the garden and therefore potential for this plant to be spread further into the wild during the works, which
would be an offence. The Ecosystem Policy Team therefore request that a condition is secured for no works to commence unless a Japanese knotweed avoidance and eradication plan has been provided to Planning and approved in writing. The plan should contain details of checks that will be undertaken prior to any works and the measures that will be taken should knotweed be found.
It is an offence to plant or otherwise cause to grow in the wild any plants listed in Part II of Schedule 8 of the Wildlife Act 1990.
Lastly, the Proposed Ground Floor Plans state that the exiting hedge is to be removed or trimmed back to retain a 70m visibility splay. We have no objections to this as it is a Griselinia littoralis hedge, which is another Schedule 8 invasive non-native species. However, if the hedge is to be removed, then it should be replanted with a native hedge, the hedge removal should be undertaken outside of the nesting bird season (March - August inclusive) and responsible working methods utilised which ensure that if present Japanese knotweed is not spread."
Third Party Representations
5.6 One letter of representation (20/6/24) has been received from the occupant of 2 Geln View, Laxey, advising as follows:
"PA23/01164/B Foxdale Old School / Schoolmaster's house I have only recently had this application drawn to my attention and would submit as follows
Foxdale Local Plan
The old school / schoolhouse achieves all of the above criteria as a substantial building built specifically in relation to the mining community, as the applicant states, 180 years ago.
The accompanying (attached) article further identifies the importance of the building to the village and its history.
Successive planning applications have however been permitted contrary to the above recommendation and policy thus destroying the appearance of the village and much of its connection to the mining industry. If approved and undertaken, this application will further erode the character of the village. Photos (attached) previously submitted by the applicant in connection with his application to build garages attached to the old school at a Redacted lower ground level demonstrate the handsomeness of the building. None of the problems currently identified in very general terms by the applicant indicate that structurally the building is not capable of, as against just expensive to, repair. That is a fact of old buildings but is not, in itself, a reason to demolish them. The prominence of this site which is emphasised by its proximity to Marguerite Terrace, The Clock Tower, (together with the adjacent remnants of the
former Working Men's Institute) and the Mines Office opposite should be utilised to justify a renovation scheme, not redevelopment which no longer respects the corner location of the site or its mining history or the policy of the statutory Foxdale Local Plan.
I would request that the applicant is therefore requested to reconsider this application and instead submitting one that is in alignment with planning policy for Foxdale, at least retains the former school building which is so prominent on this corner and reflective of the village's mining history."
Representations on behalf of the applicant
5.6 The applicant has, in response to the comments received from MUA with regards to there being no surface water drains, provided photographs of the existing surface water drains that were in place when the site was in use as a School. They advise that these existing drains have taken the surface water from the site for the 30 odd years they have lived there and that they propose not to amend these drains and continue to use them. - 6.0 ASSESSMENT
6.1 The principle of development for the use of the site for residential purposes has previously been established with the lawful occupation of the Old School House as a residential property. The issues in this case are whether the proposed replacement dwellings in terms of their size, scale, massing, plot coverage and overall architecture are suitable for this site in terms of the impact they would have on the character of the streetscene and the site's surroundings. In addition, consideration should be given to whether they would have an acceptable impact on the living conditions of those in neighbouring and nearby dwellings; and, finally whether the proposed changes to vehicular access would be satisfactory in terms of highway safety. Impact on the character of the Streetscene
6.2 The proposed replacement dwellings would span the width of the plot apart from approx. 1.0m - 1.2m wide walkway to the north-west side of the new dwellings closest to the side elevation of No. 1 Mineral Terrace with their principle elevation facing north-east towards dwellings set at a higher level in Archallagan Terrace. The submitted plans show that the pair of dwellings would measure:
6.3 To the rear of the dwellings would be the improved/altered existing vehicular access onto Mines Road, paved parking and turning areas for each dwelling with access to their respective garages; and grassed rear garden areas which would bound the adjoining public playground next to the new school. The garden areas would also have planting/landscaping appropriate for a site close to the school which would, over time, soften the appearance of the dwellings and assist in assimilating them into their surroundings. - 6.4 The massing and overall architecture of the proposed development is considered to be suitable for this site. As can be seen, the applicant has provided full details of proposed elevation drawings and a principle elevation relationship with the adjoining dwelling at 1 Mineral Terrace. "Proposed Sections and Contextual Elevations" which indicate that the dwelling would in comparison to those adjoining. The slightly higher appearance of the new pair of dwellings is considered to be acceptable in relation to the Mineral terrace dwelling, and would not appear as overbearing in relation to them. Drawing No. 23 1754 08 shows the ground floor of the new dwellings and the footprint of them in relation to the existing Old Primary School. in terms of 'existing over proposed',. This indicates that there would be a set-in from Mineral Terrace street view of 1.5m; that the Mines Road side elevation would be roughly
6.9 It is noted that the dwellings at 1 and 2 Archallagan Terrace are located approx. approx. 25.0m away to the north-east, which is considered to be an acceptable distance viz any potential impacts arising in respect of overlooking/loss of privacy. In respect of the neighbouring dwelling at No. 2 Mines Road opposite the site, this dwelling which faces sideways onto the Kionslieu Hill/Mines Road, road junction has an obscure glazed first floor level service window in its side elevation facing the site. In this regard, it is considered that although it would be located approx. 8.0m from the SE side elevation of the nearest new dwelling, any opportunities for overlooking/loss of privacy are unlikely to arise owing to the proposed glazing arrangements and enclosure of the majority of the balcony area of the nearest new dwelling to it.
6.10 Overall, it is considered that the impact on the living conditions of those in neighbouring and nearby dwellings would be acceptable and accords with the provisions of policies GP2 g) and ENV22 of the Isle of Man Strategic Plan (2016). Flood risk and drainage - 6.11 The applicants has provided a Flood Risk Assessment at the request of FRMD. The site of the built form of the existing Old Primary School lies just outside the recognised Flood Risk area in Foxdale where there is potentially a high risk of flooding from Surface water. The rear garden area falls within this flood risk area. FRMD has commented that the flood mitigation measures proposed in the FRA be conditioned and that any demountable flood barriers should be stored within easy access of the door to be protected. A range of flood protection/alleviation measures are proposed in the FRA and these should be conditioned to be implemented prior to the first occupation of the new dwellings, and subsequently maintained for the lifetime of the development. It is considered that such proposed measures are acceptable and would accord with the provisions of policies GP2 l) and ENV10 of the Isle of Man Strategic Plan (2016). Ecological impacts - 6.12 Approval of the proposed development would first result in the demolition of the Old Primary School building. The Ecosystems Policy Officer commented that a Bat Survey should be undertaken as there was potential that the existing building could be used as a bat roost. A Bat Survey and Evaluation Report was submitted by the applicants on 11 March, 2024. This advised:
"Evaluation No evidence of bat use of the building was found and in particular no use of the roof space. The building has potential access points and roost spaces but although occupied and therefore heated the large roof spaces are relatively cool and unfavourable for most bat species.
Impact Assessment There will be no impact on bats arising from the proposed works and mitigation is not necessary. However, provision of bat boxes is always welcome to increase bat roosting opportunities."
6.13 The Bat Report concluded that Bat friendly external lighting should be employed where required, and this can be conditioned. In addition, the Survey advised that Bat boxes be provided to provide roosting opportunities both for summer use on the sunny side of the proposed buildings and winter use on the shady side. One of each would seem to be a proportionate provision, positioned as high as possible. The provision of Bat Boxes can also be conditioned. - 6.14 Separately, it is noted that the Ecosystems Policy Team has advised of the potential presence of Japanese Knotweed in the river at the bottom of the Old School House's garden. This is a restricted, invasive, non-native species of plant that can have serious implications for the stability of built structures. It is listed in Part II of Schedule 8 of the Wildlife Act 1990. The Ecosystem Policy Teams recommendation that a condition is secured for no works to commence unless a Japanese knotweed avoidance and eradication plan has been provided to DEFA Planning and approved in writing, is considered reasonable and a condition should be applied in this regard in respect of any planning permission that may be granted. - 6.15 Overall, it is considered that such proposed measures in respect of Bats and Japanese Knotweed are acceptable and would accord with the provisions of policies GP2 l), ENV4 and ENV26 of the Isle of Man Strategic Plan (2016). Impact on highway safety - 6.16 The proposed revised vehicular access will open up the access to a width of approximately
7.1 As the site lies within an area designated for residential use, there is no objection to the principle of the demolition of the existing former School dwelling and bearing in mind the varied streetscene, there is no objection to a slightly different and/or taller or larger building provided that this still sits comfortably in the streetscene, as it is the proposed replacement dwellings would only be marginally higher than other dwellings in the street namely, the terrace of cottages adjacent at 1-3 Mineral Terrace; and, the cottages at 2-6 Mines Road.
7.2 The proposed replacement dwellings would not be significantly larger than the existing dwelling in terms of its scale, massing and overall architecture - which is traditional in style. At the rear, the new structure would be set in by approx. 4.0m from the line of the existing built form of the existing triple garage. The development is considered to be acceptable in the streetscene in this prominent corner location in Foxdale. The proposal would represent in an acceptable development of the plot which whilst different to other dwellings, would not be unacceptably out of keeping with the surroundings. As a result, its design and visual impact on its own, as well as the impact on the character and appearance of the streetscene, are considered to be acceptable.
7.3 In terms of its impact on the amenities enjoyed by occupants of adjoining residential properties, it is considered that the new dwellings would preserve the residential amenities of occupants of neighbouring and nearby dwellings and that no undue harm in this regard would arise from the proposed development. The presence of the first floor balcony/sitting out areas to the rear of the dwellings would not result in an overbearing outlook when viewed from either side of the new properties from No. 1 mineral terrace or the neighbouring public realm. - 7.4 The third party representations received have been are noted, however, the age and architectural merits of the Old School House, which is not located in any Conservation Area; and is not a Registered Building, are insufficient to warrant its retention. The proposed works to the existing vehicular access onto Mines Road to serve the new pair of dwellings are acceptable in highway safety terms.
8.1 The application is recommended for approval. INTERESTED PERSON STATUS 9.1 INTERESTED PERSON STATUS
9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
9.2 The decision maker must determine:
9.3 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : …Permitted……….... Committee Meeting Date:…08.07.2024
Signed :………………H LAIRD……….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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