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Application No.: 21/01289/B Applicant: Wide Acre Limited Proposal: Alteration and alignment of 2 existing farm access points to provide improved access to Farm and farmland, that straddles the A26 Braaid Road, St Marks. A farm track is in included in the proposal to access the main farm buildings/area Site Address: Ballavarvane Farm And Fields 435406, 434589 Braaid Road St Marks Ballasalla Isle Of Man IM9 3AP Senior Planning Officer: Mr Jason Singleton Expected Decision Level: Planning Committee Recommended Decision: Approve subject to Legal Agreement Date of Recommendation: 17.01.2022
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 development is carried out in accordance with the approved plans to avoid accumulation of sub-standard entrances.
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
N 1. The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 02.02.22. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.
This application has been recommended for approval for the following reason. The proposal would be in accordance with General Policy 3f, General Policy2, Transport Policy 4, Environmental Policy 1, 3 and 14, Spatial Policy 4b of the 2016 Strategic Plan.
Plans/Drawings/Information; This decision relates to drawings supporting information submitted on the 3rd November 2021, referenced; Arboricultural impact assessment dated 25th October 2021
Tree Survey and Report, Ref.CDG-2021 Planning Statement dated October 2021 Road Safety Audit, Stage 1 dated October 2021 Designers Response to Road Safety Audit dated October 2021 Tree Planting Proposal, dated 25 October 2021
TS-230921 - Tree Constraints Plan TS-251021 - Tree Impact Plan MP-251021 - Tree Planting Plan Bat survey dated 09/12/21, submitted on 17 December 2021 _______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not 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 4(2):
Riverside Lodge, Lower Foxdale 11 Summerhill, Douglas
as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph
Manx National Heritage should be afforded Interested Person Status as they have made comment on material planning issues. _____________________________________________________________________________
Pre amble. This planning application has arose as a result of a legal challenge to a previous planning application (ref; 20/01215/B - Creation of new vehicular access) where after consultation it was agreed the application would not be implemented or progressed but the applicant would submit a new planning application for an alternative entrance that would have less impact upon the existing trees and Elm tree Corridor and would be subject to a legal agreement to ensure the previous permission is replaced and superseded.
1.0 THE SITE - 1.1 The application site is the agricultural fields associated with, Ballavarvane Farm, Braaid Road St Marks and are concerned with those fields numbers referenced; 435406 (9.5 Acres), 434589 (9.5 Acres). The farm is an arable farm and those fields in question are mainly laid to grass. The existing access currently used is 400m to the north east of the proposed access. - 1.2 Ballavarvane Farm is on the outskirts of St Mark's village and is bisected diagonally by the A26. The farm consists of approximately 185 acres, of which around 110 acres together with all the farm buildings and dwellings are on the northwest side of the road and 75 acres on the south-eastern side. The south-eastern part of the farm fronts the A26 continuously for about 850 metres and the north-western part for about a little less, the difference being made up by the road frontage of the property known as the Old Mill which is in third party ownership unconnected with the farm. - 1.3 To the west of this site (outside of the application site) adjacent to the highway, are a number of registered trees areas referenced; RA0211; RA0206; RA0210. These trees form part of the Elm tree corridor. - 1.4 For clarification this application is not proposing any works to these registered trees or the Elm tree corridor.
2.0 THE PROPOSAL - 2.1 The aim is to provide safer use on entry and exit for residents, visitors and farm operations and whilst also separating movements to and from the farm. The scope of works would see the creation of a new farm access road approx.3m wide and for a length of 360 m adjacent to the northern boundary of field ref;435406. The proposed accesses would see the alteration of an existing farm access gate to widen to 6m with a pull in area of 8m deep and splaying of earth embankment either side. Also (opposite this proposed entrance) is the relocation of an existing access to form a new access opposite, with visibility splays to align both entrances opposite each other across the A26 Braaid road. Both entrances have been designed to mirror one another in appearance.
2.4 The application is accompanied with a comprehensive Arboricultural Impact Assessment with accompanying drawings, which has identified the requirement to remove 15no category C trees (Elms) in order to construct the new entranceways and achieve the required visibility splays. There is also a requirement to remove 1no middle-aged category B tree group (G3) comprising 8no significant stems, and 1no middle-age and 1no early-mature category C tree groups (G2, G5), each comprising 5no significant stems. A further 1no category U tree has been recommended for removal irrespective of the development due to their declining health. - 2.5 Also included in the application documentation is a Stage 1 Road Safety Audit which identifies five problem areas with the layout which are resolved as set out in the Designer's response and submitted layout with vegetation within the visibility splays requiring regular maintenance and drainage further approvals. - 2.6 As a mitigation measure the proposal also includes the tree planting proposal and creation of a wildlife corridor that notes the planting of a mixture of hedgerows and Trees. - 2.7 A bat survey has also been included which finds that there were no visible Potential Roost Features (PRFs) for bats in the trees that are to be felled.
3.0 PLANNING POLICY - 3.1 LOCAL PLANNING POLICY In terms of land use designation, the application site is identified on the Area Plan for the south as open countryside. The site is not within a conservation area but sits 350m to the north east of the St. Marks Conservation Area.
3.2 The written statement refers to St.Marks generally and the 'Landscape Strategies and Key Views for the South' on page 15/16 (in part); "Ballamodha, Earystane and St Marks (D14) The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area. - 3.3 THE ISLE OF MAN STRATEGIC PLAN 2016, The following policies that are considered specifically material to the assessment of this application; - 3.4 Strategic Policy 4b: protection of the countryside - 3.5 Strategic Policy 5: Design and visual impact - 3.6 Spatial Policy 5: building in defined settlements or GP3 - 3.7 General Policy 3f: exceptions to development in the countryside - 3.8 General Policy 2 b,c,d,f,h,i : General development control principles - 3.9 Environment Policy 1: Protection of the countryside - 3.10 Environment Policy 3: Protection of Trees and woodland - 3.11 Environment Policy 14: Loss of versatile agricultural land - 3.12 Transport Policy 4: Highway safety
4.0 PLANNING HISTORY - 4.1 The application site has not been subject of any previous planning history other than as noted in the pre-amble.
5.0 REPRESENTATIONS (in brief - full reps can be read online) - 5.1 Malew Parish Commissioners commented 19 January 2022 with no objections. - 5.2 DoI Highways Services, have commented (24/11/21) (22/10/21) with no objection subject to conditioning the drawings and the requirement for a s109(A) highways agreement. - 5.3 DEFA Fisheries commented (06/12/21) with no objection subject to precautions being taken to ensure no harmful materials enter the nearby water course and to contact them prior to works commencing. - 5.4 Defa Forestry commented (10/12/21) with no objection but noted; "the removal of 16 individual trees and 3 small tree groups but the majority of these are small or low-quality trees. The exception is the small group identified as G3 which has been assigned a Category B status. This proposal is a vast improvement on the former approval (20/01215/B) and the replanting proposed is beyond what would be required to mitigate the removal proposed and, if all trees successfully establish, will result in a net gain in tree cover in the area in the long term. Moreover, this replanting will increase the resilience of the local tree population by introducing other species which are not susceptible to tree diseases which are currently prevalent in the area". If approval is recommended a condition is placed that requires the implementation of the proposed replanting within the first planting season (November - March) following the removal of the roadside trees (required to create the access). - 5.5 DEFA Eco-systems commented (17/12/21 & 22/12/21) with no objection but noted; there is no proposal for any lighting of the new entrance, the submitted bat assessment does
6.0 ASSESSMENT The fundamental issues to consider in the assessment of this planning application are;
6.1 The starting point here is the land designation within the area plan which designates the site as land not zoned for development. SP5 directs development to defined settlements with the exception to this only being in accordance with General Policy 3. In this instance exemption can be found in Gp3(f) which allows for building and engineering works that are a deemed essential for the conduct of agriculture. On balance the principle of the creation of a farm track and alterations to the entrances could be an acceptable form of development subject to the further assessment below.
6.2 As an exception can be found it is relevant to give weight to Environment Policies 1 which protects the countryside for its own sake and restricts development that would have an adverse visual impact on the countryside. STP 5 broadly seeks that development should make a positive contribution to the environment and this further echoed through the general principles contained with specific categories of GP2 (as noted) offer guidance that specifically addresses those issues affecting the physical works on site that would be general development control principles.
6.3 The proposed farm track with its planting would not be apparent when viewed from the highway given the utilisation of the existing topography, the height of the roadside hedging and the existing planting along this section of the highway. Any views of the new road would be off the proposed planting corridor and would be appropriate against the backdrop of the boundary hedge to the north of the proposed road, as such this aspect is deemed acceptable in that there would be no visual intrusion that would be contrary to Ep1. - 6.4 The proposed entrance to the north of the highway would have a more formal appearance being set back from the edge of the highway and the formation of stone pillars either side of the two farm style gates approx. 6m wide opening. The splayed entrance would be formed of earth banking with hedgerows planted atop to match into the existing fronting the highway. Whilst the proposed would be more formal than the existing basic farm gateway in a hedge, its appearance would not be detrimental to the overall appearance of the countryside given the existing entrances already in existence along this length of highway up to the St. Marks Crossroads. The formality from its creation would be considered to have a neutral impact that balances the need for a revised entrance whilst offering a safe access and egress (further assessed below) to the farm and safeguarding the Elm Corridor. - 6.5 The access to the south of the highway would mirror that of the aforementioned but is less formal without the stone pillars and uses posts and farm style gates of approx. 6.0m wide that are set back. Equally for the same reasons noted above this aspect would echo that opposite and would have a neutral impact. - 6.6 On balance this aspect of the proposal has been designed to suit the specific parameters of the site where it has incorporated the existing topography to avoid having any adverse impact on the character of the landscape which ensures the wider countryside is not adversely affected in accordance with Gp2b,c,f & STP5 and Ep1.
6.7 Highway Services have considered the merits of the revised entrance dimensions and access to and from the site from the highway noting the visibility splays (2.4m x 120m). As the transport professionals their comments are heavily relied upon and it is noted they do not objecting to this application. The concerns reaised by DoI drainage are already addressed in the the Road safety Audit and will be diverted to an existing culvert. - 6.8 Having considered these arrangements and access within the site, the highways safety aspect for use of the proposed entrances in a safe and appropriate manner, and the proposed drainage on the site to prevent run-off water entering the highway, would not be considered to have any adverse impact on the existing highway or upon those users entering, exiting or manoeuvring within the site. The transport assessment noted in the Stage 1 Road Safety Audit and designers responses, has clearly identified the risk and mitigation measures to overcome these to ensure safe usage whilst balancing the competing needs for visual impact. As such the proposal would be considered to align with the principles of Gp2 h&I and TP4.
6.9 The application is accompanied with tree survey data, plans and an Arboricultural impact report that has highlighted those trees to be removed in order to construct the new entrance ways. Whilst the loss of any tree is unfortunate, their classification is noted in the reports as being of no great significance, namely either 'C' or multi stem trees or 'U' and being road side frontage are not great examples. The AiA, notes that it's unlikely for any further impact on the retained trees given the distances involved. In terms of visual impact and their amenity, the report notes their loss as moderate as the trees are not large and do not form a continuous feature as the Elm tree corridor to the west. Their Arboricultural value is noted as moderate to low due to the number of trees being removed and are generally of low value and are under-mature. For clarity, the Elm tree corridor is not being affected by the proposals. It
6.13 With regard to the proposal and EP19 and the potential loss of agricultural land, the IoM soils maps (Figure 4) gives a broad indication of the areas and soil classification. The application site is defined within an area as being (light brown in colour on the map) and referred to as A11 and of a class of 3 quality. Within the written statement accompanying the maps, the references of A11 is noted in the Summary of Manx agricultural Types on page 18 as; "A11 - Peaty valley soils (Clycur) These peaty valley or "Garey" soils overlie stoney siltys and clays. They tend to be poorly to badly drained and support willow scrub, with gorse and healthier in drier areas. These soils are particularly common in blocks of 2-10 hectares in the south-central part of the island. Some have been successfully drained and reclaimed, particularly where the peat is shallow. However, the economic feasibility and long term benefit of drainage and reclamation is questionable". It is further noted in the planting proposal report submitted as part of this proposal, the ground assessment is good agricultural soil conditions for new planting with a soil texture of sandy-clay loam and moderate draining. - 6.14 This description of the soil quality of the natural land goes some way to understand the limitations of agricultural usage. Nevertheless, the proposed road, entrance and planting areas would only occupy a small footprint on the land and whether the adjoining fields are to be used for grazing in association with the farm or for planted crops, the land is to some degree still capable of being utilised for agricultural use without being disadvantaged by the proposals and would not prejudice EP19 and the loss of agricultural land.
6.15 As noted in the pre-amble, a legal agreement would be required to address the issue of the former approval (ref; 20/01215/B - Creation of new vehicular access) to ensure it cannot be implemented in any capacity to ensure protection of the Elm Tree Corridor. Any approval would be subject to a Section 13 legal agreement.
7.0 CONCLUSION - 7.1 For the above reasons, it is concluded that the proposals would comply with the aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval subject to a legal agreement as set out at 6.15.
8.0 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 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:…02.02.2022
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
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