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Applicant: Wide Acre Limited Proposal Creation of new vehicular access Site Address Field 435406 Braaid Road St Marks Ballasalla Isle Of Man Case Officer : Miss S E Corlett Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 10.05.2021
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 landscaping of the site is an integral part of the scheme and must be implemented as approved.
N 1. The applicant is encouraged to undertake a soft fell for any tree which has potential to accommodate a bat roost as advocated in the Manx Bat Group report submitted with the application.
This application has been recommended for approval for the following reason. The proposal is considered to be justified under General Policy 3f of the Strategic Plan and whilst the proposal would result in the loss of mature trees which is contrary to Environment Policies 1 and 3, the improvements in highway safety together with the proposed replanting scheme is considered sufficient to warrant approval of the application.
Plans/Drawings/Information;
Manx Bat Group Bat Survey Report dated 14th February, 2021 and plans reference 19/3003/01B, 19/3003/03B, 19/3003/05B, 19/03003/06B and the Manx Roots Planting Proposal dated 25th March, 2021 and plans reference TR-250321, MP-250321 and all received on 7th April, 2021.
_______________________________________________________________ Interested Person Status – Additional Persons
DoI's Flood Risk Management Division is a Government Department which has raised material planning considerations and as such should be afforded Interested Person Status.
________________________________________________________________ Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED TO BE CONTRARY TO ENVIRONMENT POLICY 3 OF THE STRATEGIC PLAN BUT IS RECOMMENDED FOR APPROVAL
1.1 The site is a thin section of land which links the A26 Braaid to St. Mark's Road with the farmyard of Ballavarvane together with a stretch of the highway on both sides of the road. All the land is owned by the applicant whose holding stretches some distance on both sides of the road. - 1.2 Ballavarvane accommodates a range of farm buildings - mostly stone and two dwellings. There is also a former mill pond. - 1.3 The roadside boundary is formed by a hedge with trees of varying heights and maturity, all seemingly self seeded and growing within the hedge. Many of the trees overhang the road and form an archway and the accesses on both sides of the road are discrete within this streetscape. - 1.4 The access into the site is via stone walls which sit within an otherwise treed roadside landscape on both sides of the road. There is an edge of carriageway line which steps out from the edge of the site by around 1m from the stone walling which enables visibility to the south west to be around 90m to the nearside carriageway but to the north east this is significantly less - around 10m to the nearside carriageway, if that, impeded by the closest trees to the entrance on that side. THE PROPOSAL
2.1 Proposed is the creation of two new accesses one on each side of the road. The accesses will be formed by relocating the existing roadside banking further back into each site with grassed areas between the new hedge and the road and new tree planting behind it. Following discussion between the Arboricultural, Planning and Highway Officers an amended scheme has been submitted which moves the proposed north western access closer to the existing such that it may benefit from better visibility and whilst this results in the removal of more trees around this entrance, in total, fewer trees are to be removed. The scheme will involve the removal of 70m length of existing trees which line the road, on both sides of the road including the removal of trees in the 24m between the existing and proposed entrances on the north western side of the road. New areas of tree planting will be introduced not only alongside the road but further back into the site along both sides of the new entrance between the road and the buildings.
2.2 The Road Traffic Assessment prepared on 29th March, 2021 explains that current issues with the access to Ballavaravane and the Old Mill include lack of drainage which results in standing water in the access and risk of vehicles losing control, inadequate sight lines, inadequate width of access to serve two way traffic from two different households, no separate provision for pedestrians, lack of road markings of the carriageway edge, lack of lighting, lack of warning signs for entrances. What is proposed will provide visibility from the new entrances of 2.4m by 120m in both directions. - 2.3 There are two Cat A trees within the rows of trees on each side of the road, neither of which is being removed as part of the proposal. In total on the north western side of the road the proposal will involve the removal of 14 trees (7 Cat B and 7 Cat C) and on the south eastern side of the road, the removal of 11 trees ( 9 Cat C and 2 Cat U). The previous scheme would have resulted in the removal of 52 trees. - 2.4 A revised Planting Proposal dated 25th March, 2021 has been submitted which aims to mitigate the removal of significant medium and large sized trees as part of the proposal and aims to mitigate the short term visual impact and loss of canopy cover as well as providing long lasting tree cover (100 years +). It describes the existing tree cover as being from elm with some hawthorn and the current health of these suggests that deciduous broadleafed tree species will successfully establish in this area. They propose the introduction of 44 alnus glutinosa (alder), 16 Quercus petraea (Sessile oak), 120 Crataegus monogyna (hawthorn), 120 prunus spinosa (blackthorn), 4 Quercus cerris (Turkey oak), 9 Corylus avellana (hazel), Tillia cordata (small leaf lime) at one per area, Acer platanoides (Norway maple) at two per area, an additional 2 per area Alder, 25 Populus tremula (European Aspen), 11 Betula nigra (River birch) and provide aftercare and planting guidance. - 2.5 A bat survey has been submitted, dated 14th February, 2021 which is based upon a daylight inspection which was carried out in winter which made it easiery to see any potential roost features which could be used by bats. There were only two trees which had potential roost sites but on closer inspection, neither seemed to be suitable for a bat roost. A desk based investigation revealed that there are better migration corridors available nearby and as a result of both of these factors, it was not considered that further investigations needed to be undertaken and they also note that the application includes re-planting which would, in time, provide additional, new roosting sites. They qualify this by saying that these conclusions are based on the information available at the time of writing and should any bats or their roost sites be found during work, felling and work must stop and advice sought from the Department.
3.1 The site lies within an area designated on the Area Plan for the South as not for a particular purpose and within an area of Incised Slopes on the draft Landscape Character Appraisal where the following advice is provided in the Area Plan:
Ballamodha, Earystane and St Marks (D14) The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities. Key Views - Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons. Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views.
3.2 Implications of this Landscape Area as set out in the Area Plan include:
iii. Protection of the tranquil, rural character of the area with its open views. iv. Sensitive location of new buildings and the use of screen planting (paragraph 3.23).
3.3 There are Registered Trees within the whole site and particularly alongside the road RA0210 and RA0206. The site is not within a flood risk area or a Conservation Area and none of the buildings within the site is Registered. On the 1982 Development Plan Order the area is not within an area of High Landscape Value and Scenic Significance although the roadside trees are annotated as Woodland (leading to their Registration) and there is a site of archaeological interest within the holding although nothing of note is visible on the aerial photography and certainly nothing next to the area of the proposed works. - 3.4 The countryside is protected for its own sake under Environment Policy 1 of the Strategic Plan and trees are specifically protected under Environment Policy 3. The associated ecology is protected under Environment Policy 4. - 3.5 The provision of a safe means of access is a material consideration and where the land to be served by the access is agricultural, as it is in this case, General Policy 3f is considered relevant which makes allowance for agriculturally justified developments.
4.1 A two storey extension was approved under 08/01980/B but not implemented. The house was approved under 01/00268/B. REPRESENTATIONS - 5.1 Highway Services initially sought further time for responses on 25.11.20 and following discussion with the other officers and the submission of further plans, comment on 20th April, 2021, suggesting that the proposal raises no significant road safety or highway network efficiency issues and some of the issues (lighting, drainage) will need further review at the Stage 2 stage and the close proximity of the entrances may suggest that vehicle activated signs may be more appropriate than static warning signs. They raise no objection subject to the development being undertaken in accordance with drawings 19/3003/02B and 19/3003/03B.
5.2 Malew Parish Commissioners have no objections (17.12.20). - 5.3 The Arboricultural Officer of DEFA commented on 13.01.21 which describes the existing trees as "a good quality group that form an attractive green tunnel as you travel down the A26". He concludes by stating that the work will have an impact on the landscape however the mitigation planting will improve the area in the long term. There are no comments on the revised proposal which includes the removal of fewer trees and the planting of more. - 5.4 DEFA's Ecosystems Policy Officer comments on 19th.02.21 that a sufficient level of assessment has been undertaken by the Manx Bat Group and no further surveys are required. They agree that soft fells of the trees are undertaken for any that have cracks or deep holes where the trees or their sections containing the holes, are gently lowered to the ground and left there for at least 24 hours with the potential roost feature facing away from the ground. They comment further on 13.04.21 and confirm that they have no further comments to make. - 5.5 DoI's Flood Risk Management Division confirms that there is no flood risk interest in this application (28.04.21).
6.1 The issues in this case are whether the proposed works would have any adverse impact on the character, appearance or the ecology of the area, whether the proposal would be acceptable in highway safety terms, whether there would be any effect on the living conditions of those in adjacent property and if any of this is the case, whether there is any improvement in highway safety which would justify the approval of the application. Impact on the character and appearance of the area
6.2 The works will have an immediate and significant impact on the appearance and treed character of the area through the removal of the trees and the realignment of the roadside boundary to be angled into the new accesses. This loss will be partly mitigated by the introduction of shrubs and trees with blackthorn and hawthorn at the front of the setback from the road. The trees will clearly take some time to mature and take effect but eventually will create a seamless transition from the existing trees, through the two new accesses and then back to the existing tree line on the other sides of the existing accesses. Impact on ecology
6.2 The applicant has demonstrated that none of the trees to be removed accommodate bats and as such, the felling of the trees will not adversely affect this species. Any other effect on ecology may be managed through the Wildlife Act 1990. Impact on highway safety - 6.3 The proposal will create not only a safer means of access for the users of Ballavarvane but will also improve the visibility for those using the existing access shared by Ballavarvane and the Old Mill through improved visibility to the north east. There is no objection from Highway Services. Justification - 6.4 There will be an impact on the character and appearance of the area through the loss of the trees and the realignment of two sections of existing roadside hedge. The existing access which serves both Ballavarvane and the Old Mill is substandard through the visibility available to it as well as lacking proper drainage. The issues with lighting and pedestrian facilities are not considered to be relevant as the area is rural where street lighting is not appropriate and few people will be approaching this site on foot where there are no pedestrian footways on either side of the road from the nearest settlement and no bus stops anywhere near. Whilst what is proposed will not provide the existing access with the full extent of visibility, it will be significantly improved to the north east and the new accesses will have visibility of 120m in both directions. All meet with the approval of Highway Services. - 6.5 It is considered that given the substandard visibility available to the existing access and the vastly improved visibility being provided to all three accesses as a result of the proposed development, together with the planting scheme which introduces significantly more trees than the 25 being lost, that there is sufficient justification for the works to warrant approval of it.
7.1 The proposal is considered to be justified under General Policy 3f of the Strategic Plan and whilst the proposal would result in the loss of mature trees which is contrary to Environment Policies 1 and 3, the improvements in highway safety together with the proposed replanting scheme is considered sufficient to warrant approval of the application. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 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 can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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:… 4.05.2021
Signed : S CORLETT 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
Application No. : 20/01215/B Applicant : Wide Acre Limited Proposal : Creation of new vehicular access Site Address : Field 435406 Braaid Road St Marks Ballasalla Isle Of Man
Principal Planner : Miss S E Corlett Presenting Officer As above
The Planning Officer updated her report at the meeting, drawing attention to the incorrect planning history. There have been planning applications on the wider site for Ballavarvane Farm for agricultural buildings and extension of existing agricultural building in the 1980s and 90s and most recently, permission granted under 18/00240/B for alterations and extensions to one of the dwellings on the site.
The Planning Committee approved the application subject to an additional condition which requires that:
"Notwithstanding the gate pillars and gate shown in the approved plans, prior to the erection of any gate pillars or the installation of any gates, there must be approved in writing by the Department details of the gate pillars and gates and the development must be undertaken and maintained in accordance with these details. Note: The gates and gate pillars shall be designed and finished so as to acknowledge their rural setting and so as to be as unobtrusive as possible in the landscape. Reason: to minimise the visual impact of the new development in the countryside."
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