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Applicant: Mr Duncan Cheadle Proposal Replacement gate pillars and creation of construction access from D45 Pooilvaish Road into Balladoole House Site Address Balladoole House Balladoole Castletown Isle Of Man IM9 4PE Case Officer : Mr Jason Singleton Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 25.06.2021
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: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site
The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.
Reason: to ensure an appropriate standard of visual amenity in the local area and that the development is appropriately landscaped to sit comfortably and acceptably in its location.
This application has been recommended for approval for the following reason. The planning application is not considered to harm the visual character of the locality, that of the existing woodland or have any detrimental impact on the highway network, and would comply with Strategic Policy 4b; General Policy 2; Environmental Policy 1,3 and Transport Policy
This application relates to drawings and information submitted digitally and received on 27th April, 2021;
In addition to the above plans and information the additional documents submitted digitally and received on 11th June, 2021 referenced;
Arboricultural Impact Assessment dated 8th June 2021 OTPE-080621 - Outline Tree Protection East OTPE-080621 - Outline Tree Protection North TSE- 080421 - Tree constraints East TSN- 080421 - Tree constraints North TSS- 080421 - Tree constraints South TRE - 080621- Tree Impact East TRN - 080621- Tree Impact North
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Balladoole Farm, Castletown as they are the neighbouring farm/ land owner adjacent to the site.
THE APPLICATION IS BEING REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVLOPMENT MANAGEMENT
1.0 THE SITE - 1.1 The application site is to the rear of the residential curtilage of Balladoole House, Castletown. The property is a detached two storey dwellinghouse with gardens and accessed from the Highway A5 to the east via a 800m driveway tree lined with over hanging canopy and planted gardens to the verges. To the rear is a farm style gate way with prominent Manx stone gate pillars and Manx stone walls to either side that forms the rear boundary. The only vehicular access is from the A5 with pedestrian access onto the rear lane D45 Pooil Vaaish Road. - 1.2 The adjoining neighbours / nearest neighbour(s) are 'The Granary,Balladoole, Castletown, that sits some 80m to the south west of the main dwellinghouse and used to be part of the same estate. - 1.3 To the west of the site (rear elevation) is the D5 Highway a small rural road that links from the D45 (Pooil Vaaish Road) and connects to the western coast road that links back onto the A5 at Gansey. This road is a narrow rural road that predominately serves the application site and the Granary and a number of field accesses before joining the coast road. - 1.4 Surrounding the dwellinghouse are approx 125 trees identified with some being registered. Those registered trees are to the south east of this application site at the front of the dwellinghouse within the mature formal lawns. The application site and the location of the proposed works are within an orchard area (approx 70 trees) and adjacent to the north boundary (29 tree/bushes) corner of the site. None of those trees in this area (northern) are identified as being registered on the Governments map.
2.0 THE PROPOSAL - 2.1 Proposed is the widening of the existing rear gateway and the rebuilding of the gate pillars with the inclusion of a pedestrian gate way adjacent to the gate pillar. - 2.2 The scope of works would see the repositioning of the proposed gateway further forward of the existing gate with an opening of 4.0m with double timber gates in close boarded hardwood timber and 1.2m pedestrian gate of the same design. The proposed walls would be Manx stone of the same height as the existing with smooth concrete capping to match the existing in terms of appearance and size. The pillars would be approx. 1.8m high to the apex of the concrete capping and the capping of the wall would measure 1.1 high. - 2.3 Also proposed is a roadway that leads from the proposed gate way through the trees and towards the rear elevation of the dwellinghouse, which could allow a link to the existing garages to the north east of the dwellinghouse. This roadway would be constructed using a 'Cellweb' root protection onto of a geotextile membrane with compacted hardcore of 100mm and 50mm aggregate for the first section in the vicinity of the trees, after this the road is 'Cell web' and Type 1 hardcore for construction access purposes. - 2.4 The application is accompanied with an arborists impact assessment for the whole site and the report clearly identifies the necessary actions for the management of the sites trees as a whole and locally in respect of the access trees for removal are identified. In relation to this part of the site and pertinent to this application is the removal of 20no category 'C' trees, with the species of trees to be removed are; 2x Ash, 2xNorway Maple; 8xSycamore; 2xCherry, 5xAlder, 1xOak and also 5no category 'U' trees, 1xAsh, 2xRowan, 1xAlder, 1xCherry. Within the report the arborists note; "The visual impact relating to the tree removal to facilitate this aspect of the development will be moderate. The trees are visible from the Pooil Vaaish Road,
3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is within an area recognised as Low Density Housing in Parkland on Map 3 with the initial G. The landscape proposals map 2 identifies the wider area as 'Undulating Lowland Plain' (F8 - Poyll Vaaish and Scarlett Peninsula). - 3.2 Within the written statement the F8 - Poyll Vaaish and Scarlett Peninsula notes; The overall strategy is to conserve the strong sense of openness throughout the area,
with strong field pattern as well as the setting of the numerous archaeological sites and wartime structures within the area.
Key Views - Open and panoramic views out to sea, up to the Southern Upland peaks over open fields and towards the built-up areas of Castletown and Ballasalla are obtained from various slightly elevated positions within the area, where the cumulative effects of hedgerow trees does not intervene. Foreshortened views in some flatter areas where the accumulated effects of hedgerow trees create a wooded horizon.
3.3 The site is not within an area of flood risk, is identified as containing a number of registered trees and is not part of a Registered Building or within a Conservation Area. - 3.4 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. - 3.5 Strategic Policy 4 b (in part) (b) protect or enhance the landscape quality and nature conservation value of urban as
well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations;
3.6 General Policy 2 (GP2) (in part) 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:
3.7 Environment Policy 1 The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. - 3.8 Environment Policy 3 Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value. - 3.9 Transport Policy 4: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
4.0 PLANNING HISTORY - 4.1 The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application. - 4.2 The neighbouring property; The Granary, Balladoole, received planning consent for major extension and renovation works under ; 17/01196/B - Alterations, erection of extensions to provide living accommodation and swimming pool and creation of driveway which was approved. The scope of their works was for the following:
5.0 REPRESENTATIONS (in brief - full reps can be read online) - 5.1 Rushen Parish commissioners commented on (25/05/21) with no objection. The commissioners sought to comment again on (21/06/21) regarding the loss of mature trees, potential damage to Poyll Vaaish road from building works, any damage to be repaired by the developer and a traffic management plan should be in place. - 5.2 Highways Services have commented (17/05/21) on the application to confirm the proposal is unlikely to raise significant highways safety of network efficiency issues with no objection. They comment further to confirm that if there is a separate and successful application for works to the main house, additional information would be required for the safe use of the highway and the existing and post condition survey.
5.3 DEFA Forestry initially commented (07/06/21) requesting an Arboricultural Impact Assessment. On receipt of this they further commented (21/06/21) with four points and a recommend wording for two planning conditions if approved. On the trees, they note of the trees to be removed, 6 trees are of poor health, but their removal whilst would alter the visual impact on the existing canopy of trees when viewed from Pooil Vaaish Road, would not be detrimental to the area, and a large number of green trees would remain giving a pleasant green backdrop from Pooil Vaaish Road; This loss of tree canopy should be mitigate and a suggested planting / landscaping scheme should be produced; The root protection areas around T4317 and T4323 need to be expanded to the south east and a Arboricultural method statement and construction exclusion zone needs to sought. - 5.4 Balladoole Farm has commented (26/05/21) with no objection and comments that their wall and lands adjoins into the applicants and the boundary fence (photo attached) is a straining post that supports their fence and any damage made good; seeks confirmation when the work commences that the volume of construction traffic is sympathetic to the environment, does not want any permanent damage to the character of the country road; references works to Balladole Granary that has been undergoing works to their property without any issues arising.
6.0 ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application are;
6.2 The proposed design of the access would closely replicate the existing pillars and boundary wall with concrete capping above albeit in a further forward position by approx. 1.0m2.0m. The timber gates are of a style that would be diminishing from the gate pillars into the middle which reduces the massing and would better reflect the rural area without being ostentatious. - 6.3 This revised positioning would give a better direct alignment with the highway for ease of access and when finished would be complementary to the existing appearance of the walling in terms of size, scale and appearance and would remain subservient in appearance which would comply GP2b,c. It is further conserved there would be no adverse impact on the neighbouring dwellinghouse 'The Granary' or that of the adjacent land owner 'Balladoole Farm' from the proposed design of the entrance pillars and would be in accordance with Gp2g. As the proposal would comply with GP2 it would not be considered to adversely affect this part of the countryside and would comply with EP1.
6.4 Highway Services have considered the merits of the revised entrance dimensions and access to and from the site from the highway noting visibility splays. As the transport professionals their comments are heavily relied upon and their comments are noted as not objecting to this application. Having considered the intensity of the use of the site, and taking into consideration the comments from the commissioners regarding the construction phase and traffic management, it would not be considered appropriate given the type of laneway and the number of properties this road serves. The use for construction access would only be short lived for the duration of the works by comparison to the longevity of the overall scheme. Problems occurring during construction e.g. noise, dust, vehicles etc are not a material consideration and there was no issues raised for the substantial conversion works to the Granary as referred to in the planning history and little has changed on this section of road in the intervening years. The existing access is to be retained and unchanged. It is not considered that the proposal would exacerbate any risk to the highway safety aspect and the
use of the proposed entrance could be achieved in a safe and appropriate manner. Furthermore it would not be considered to have any adverse impact on the existing highway or upon those users entering and exiting the site. As such the proposal would be considered to align with the principles of Gp2 h&I and TP4.
6.5 The proposal seeks to remove a number of trees to facilitate the entrance and roadway, whilst this is initially concerning, the tree survey data from the Arborists is helpful to identify the type of trees to be removed and their condition. This is further supported with an arborists impact assessment and is noted in para 2.4 and 2.5 and their comments. In total 25no trees are proposed to be removed, 5no of which are considered category 'U' and of poor form and location but also the and 20no trees of Category 'C'. - 6.6 The arboricultural impact assessment at section 4 of their report is pertinent to this site and notes that the visual impact would be 'moderate' and the loss of tree would be noticeable, they go further to say; "Pooil Vaaish road is a low occupancy rural road and the existing tree cover in the wider landscape is high". They consider "the number of trees being removed when compared to the surrounding area is low and the general quality of the trees being removed is low". - 6.7 The balance here is whether the significant loss of trees (25no.) in this setting, considering the wording of EP3 is acceptable to justify the allowance for the creation of an access and driveway, then in turn whether this will have an impact on the biodiversity on site as noted in SP4b. - 6.8 In light of the above and the comments from the Departments Arboricultural Officer, which are helpful, it is noted from para 5.3 whilst they do not object if an approval was forthcoming, a number of conditions should be attached which seeks a further tree protection of the existing trees not identified for removal; the requirement for a tree protection plan prior to any works commencing on site, and tree protection measures are implemented prior to any works starting on site, which is encouraged if an approval is recommended and as recommended by the Arboricultural impact assessment which broadly acknowledged by the DEFA forestry team who would be issuing any licenses. It is further noted none of those trees to be removed are registered and there are no registered trees within the viscinity of the proposed works. On balance, the proposed impact on the trees would be aligned with EP3 and given a proposed landscaping plan (conditional) would seek to enhance the landscape quality and nature conservation value in this area. - 6.9 Turning specifically to the biodiversity aspect, there is a possibility given the character of the surrounding area there could be a habitat for not only bats but other mammals, birds and vertebrates to flourish. It would be appropriate that prior to any works on site that a bat survey and ecology survey are undertaken identifying any species present and recommended mitigation measures to ensure their protection or no net loss of bio-diversity on site, which could be submitted to the department prior to any works commencing which would satisfy the criteria of SP4b. It is understood from the applicants one has already been commissioned and is awaiting the survey.
7.0 CONCLUSION - 7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the safety of the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval with conditions (including for landscaping proposals and an arboricultural method statement).
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:
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: 12.07.2021
Signed : J SINGLETON 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. : 21/00466/B Applicant : Mr Duncan Cheadle Proposal : Replacement gate pillars and creation of construction access from D45 Pooilvaish
Road into Balladoole House Site Address : Balladoole House Balladoole Castletown Isle Of Man IM9 4PE
Senior Planning Officer : Mr Jason Singleton Presenting Officer As above
At the meeting of the Planning Committee of the 12th July 2021, following discussion, it was decided that the owners/occupiers of the following properties should NOT be given Interested Person Status as they are considered NOT to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Balladoole Farm, Castletown as they had not explained how they considered the lawful use of their property would be affected by the proposal in relation to the relevant issues as set out in the Operational Policy
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