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Application No.: 23/00091/B Applicant: Mr & Mrs James & Laura Sayle Proposal: Alteration of existing secondary vehicular access to serve existing dwelling Site Address: Ballacreg Dreemskerry Hill Dreemskerry Ramsey Isle Of Man IM7 1BE Planning Officer: Mr Hamish Laird Photo Taken: 14.06.2023 Site Visit: 14.06.2023 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 04.10.2023
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 the trees on and around the site other than those approved for removal are adequately protected during the course of development in the interests of their longevity and visual amenity.
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Reason: In the interests of visual amenity and to enhance the biodiversity of the site and surroundings.
This application has been recommended for approval for the following reason.
In summary, the proposal broadly accords with General Policy 3, and satisfies the requirements of Environment Policies 1, and 3, and Transport Policy 3 in the Isle of Man Strategic Plan, 2016.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 27th January, 2023, unless otherwise stated: Drawing No. 01 Site Location Plan @scale 1:2,500 showing site edged red; and, Site Plan @ scale 1:750 showing site edged red;
Drawing No. 200 - Proposed alterations to vehicle access; Drawing No. 500 - Proposed Alterations to Existing Access Lane @ scale 1:200; Drawing No. TP-210922 - Tree Protection Plan @ scale 1:500; Method Statement for Tree Protection Measures by Manx Roots Tree Management dated September, 2022;
Email dated 3 March 2023, from 78 Greenlands Avenue, Ramsey, Isle of Man, highlighting points raised by Manx Roots Tree Management in their Method Statement for Tree Protection Measures dated September, 2022;
_______________________________________________________________ Interested Person Status – Additional Persons
None. Noted that 78 Greenlands Avenue, Ramsey rep is from Manx Roots who were employed by applicants and are not a private consultee. _____________________________________________________________________________ Officer’s Report
1.1 The site comprises an existing access serving a dwelling located on the southern side of this narrow rural road located immediately to the west of the level crossing serving Dreemskerry Station on the Isle of Man Douglas - Ramsey Electric Railway. The access is treelined with mature trees and shrubs on both sides. The surroundings are rural comprising woodland, the railway and scattered dwellings which are all located beyond any settlement boundary. Dreemskerry Road is a classified road. - 2. THE PRPOSAL
2.1 The Full application proposes alterations to the existing vehicular access, which is the secondary access serving the residential dwelling at Ballacreg. The access presently runs parallel to the railway line and passes between trees in a wooded area before entering the domestic curtilage of the dwelling at the rear of the plot. Subsequent to comments received from the DEFA Forestry Officer and Ecosystems Policy Officer, the applicant has provided an
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assessment of the trees affected (by Manx Roots Tree Management) and photographs of those to be both retained and removed. (See Representations section on the public file).
22/00442/B - Extensions and alterations to existing dwelling to include replacement windows and doors and associated works - Permitted - 02.12.2022.
22/00165/B - Erection of a detached building as a studio for florist business - Permitted -
4.1 The site lies within an area zoned as "not for development" on the 1982 Development Plan, North Map. The site is not within a Conservation Area, Flood Zone, nor an area zoned as High Landscape or Coastal Value and Scenic Significance. - 4.2 Given the nature of the application it is appropriate to consider General Policy 3 (f) which sets out exceptions to development in the countryside including operations essential for conduct of agriculture, Environment Policy 1 which seeks to protect the countryside from unwarranted development. - 4.3 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." - 4.4 Transport Policy 3 "New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes." - 4.5 In the Isle of Man Landscape Character Assessment (July 2008) - (IoMLCA) - the geology underlying the site is classed as Glacial Drift/Sand and Gravel. "D1 - Ballajora and Ballaglass" of the IoMLCA provides an Overall Character Description being: "Situated to the south of Ramsey and east of the Northern Uplands, the topography of this character area varies greatly. To the west, the landscape slopes gradually upward to meet the base of the Uplands, whilst further to the east, topography falls (quite steeply in places) towards the sea. The relatively steep and incised paths of Ballaglass Glen and the southern section of Glen Mona (which converge within the area and flow eastwards to join the sea at Port Cornaa) dissect the area. A distinct and recognisable, relatively small-scale, irregular field pattern of predominantly arable fields covers the area. Field boundaries are generally delineated by low, mature Manx hedgerows, which are predominantly intact, with occasional single mature trees visible. In places, visually intrusive silver corrugated roofs of agricultural buildings associated with small farmsteads contrast with the surrounding generally muted landscape.
The corridor of Ballaglass Glen (a Manx National Glen) is lined along most of its length by mature vegetation. Within the lower part of the glen, several large patches of semi-natural woodland (containing many mature oak, beech, larch and pine trees) provide a strong sense of enclosure and delineate the path of the glen as a distinctive landscape feature within views
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from adjacent character areas. This relatively short coastal glen was once the centre of an important corn mill and contains several traditional stone buildings, which were erected by the Great Mona Mining Company, which operated (from 1854).
The area is accessed via the A15 main road corridor, which leads westwards to the Uplands, and eastwards towards Maughold Head. A network of minor rural roads, which are characteristically single track, sometimes sunken and crossed by fords) provide further access to landscape within the area. These road corridors are often lined with mature deciduous vegetation. The Manx Electric Railway, with its distinctive overhead electric lines crosses the area and contributes to a strongly recognisable sense of place and in places, draws the eye towards the dramatic coastline to the east. Settlement pattern is generally scattered, predominantly consisting of small, isolated farmsteads and hamlets. The dramatic, dominant rising uplands to the west, provide a strong sense of enclosure in parts, whilst open views of the open sea and wide skyline can be gained to the east. There is generally 50012901R Final Report_SK-jn_08-07-08.doc 60 a strong sense of tranquillity throughout the character area, particularly within Ballaglass Glen, where the sound of water cascading, trickling and rushing down the River Cornaa, evokes a strong recognisable sense of place."
The Key Characteristics affecting the site are: "o A tranquil, rural landscape of predominantly arable fields.
4.6 The Landscape Strategy is described as: "The overall strategy is to conserve and enhance the character, quality and distinctiveness of this area with its tranquil, relatively sparsely settled nature, its distinctive field patterns, its rural road network, its numerous areas of fragmented woodland and the setting of the various archaeological and historic features within the area." - 5. CONSULTATIONS
5.1 DoI Highways (13/2/23): advised that further comments would be provided, however, none have been received. - 5.2 Garff Commissioners (9/3/23): commented: There were no concerns regarding visual impact expressed by Members. It was agreed that this was a matter that should be left to Highways to determine from a road safety perspective. - 5.3 Garff Commissioners (14/3/23): subsequently commented:
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The Commissioners note that in the application form the applicant has indicated full ownership of the application site. In recent days the Commissioners have been contacted and advised that there is a '"shared access" pathway from the current highway entrance, which is the subject of this application. The Commissioners are advised in the report that this 'shared access' continues beyond the applicant's land and continues as a trackway which links with other properties and the Ballajora Hill highway (please see indicative image). The route is also identified as a 'Track' on Manngis and other Government mapping.
The Commissioners acknowledge that if the report is correct that this may be a civil matter. They believe, however, that the matter should be clarified before any approval is given.
5.4 DEFA Fisheries (14/2/23): I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse. As the proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river. - 5.5 DEFA Ecosystem Policy Officer (22/2/23): The Ecosystem Policy Team are a bit confused by this application in regards to the trees. The proposed alterations and existing photos document show that a number of trees, noted to be in poor condition, are to be removed along the access track. The trees are outside of the red line boundary of the development and are not in the ownership of the applicants - At least this applies to all of the trees to the south west of the track, but there are also 2 trees proposed for removal to the north west of the track which probably are in the ownership of the applicants?
Should it therefore be assumed that tree felling is not being applied for with this application, the trees are not being removed to facilitate the development, and that a separate tree felling application will be submitted to Forestry by the DoI Railways Team for the tree felling work? If they are not to be removed to facilitate the development then we question why these trees are shown on the diagrams at all, when they are plenty of other tress along the track which are not shown, as this just confuses the application.
If the trees are to be removed to facilitate the development, then the Arb Assessment, with tree classification, should really be submitted with this application, not separately, and the trees included in the red line development boundary. Also, details of the mitigation that is to be provided for the loss of the trees should be provided with the application. There are no details provided about the age and size of the trees, though as noted above, the diagrams make reference to the trees being in poor condition (this does not mean necessarily that they are category U). However, the red line outline of the trees indicates that at least 3 of the trees are large and therefore could be mature and have features suitable for bats.
5.6 DEFA Forestry (29/3/23) - Commented: 23/000091/B Ballacregg - I am in discussion with Manx Roots on this one, clarifying a few matters. Can't foresee there being any significant issues. - 5.7 DEFA Forestry (27/9/23) - Commented in response to an email query from the Case Officer: 23/000091/B Ballacregg "The information provided has given the necessary clarification. We have no objections to the proposal but recommend the tree protection measures and arboricultural method statement are made a condition of approval. It would be valuable also to seek a tree planting plan to mitigate for the loss of the trees." NEIGHBOUR REPRESENTATIONS - 5.8 None had been received at conclusion the Report Drafting stage.
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6.1 The current planning application seeks full approval for the "Alteration of existing secondary vehicular access to serve existing dwelling" from Dreemskerry Hill, Dreemskerry, immediately to the west of Dreemskerry railway station on the Manx Electric Railway into an area of woodland that runs parallel with the railway line. The fundamental issues to consider in the assessment of this application are:
PRINCIPLE
6.2 The information provided with the application indicates that there is an existing access into the wooded area which already functions a secondary access serving the site, albeit it has become overgrown in areas over time through a lack of use. Post development it would be used to serve the existing dwelling at Ballacreg as the main point of access from Dreemskerry Hill. In this specific circumstance given the access is already in existence, the proposals to upgrade it to serve the dwelling are considered to be acceptable. VISUAL IMPACT - 6.3 The works to the existing access would involve the provision of a tarmac finish to the junction of the track with the highway and the provision of a 2.4m x 25.0m visibility splay in an easterly direction. Such a splay in the opposite direction to the west is not required due to the angle at which the access road exits onto the public highway and due to the proximity of the Manx Electric Railway at the adjoining level crossing at Dreemskerry Station 20.0 metres to the west. Surfacing of the existing track would be undertaken using loose chippings on a built up surface to protect tree roots of trees on either side of the access lane to the specification as laid down by Manx Roots Tree management who have had a technical input into the application. The design of the access and surfacing of the track is considered to be acceptable in terms of the visual impact it would have on the rural, sylvan character of the site and its surroundings, and the wider countryside landscape conforming to the provisions of Policies GP 2 (b), (c), (f) and (g) in the Isle of Man Strategic Plan 2016. HIGHWAY SAFETY - 6.4 The application drawings indicate that there is visibility achievable in both directions of up to 25.0m in the easterly direction. As advised, above adequate visibility due to the proximity of the Manx Electric Railway is achievable to the west. The application has not been provided with a traffic summary to demonstrate the average speeds travelling in the immediate area, although observations during the site visits show that the highway is rarely used, consequent on its narrow width of carriageway. Therefore, it is considered that visibility in both directions would be sufficient given the low numbers/frequency and relatively small (cars, vans/light trucks) type and size of vehicles expected to be going to, and coming from the site. IMPACT ON TREES - 6.5 Subsequent to the initial comments received from DEFA Forestry, some notes including photographs and a schedule of works to individual trees with tree classification, as opposed to a full Arboricultural Impact Assessment, was prepared by Manx Tree Roots Management Consultancy and submitted by applicant. These details were forwarded to DEFA Forestry who advised that the information had provided has given the necessary clarification, and, that they had no objections to the proposal but recommend that tree protection measures and Arboricultural Method Statement are made a condition of approval. In addition, a tree planting plan to mitigate for the loss of the trees should also be sought. Both can be conditioned.
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6.6 The comments received from both Garff Commissioners and the Ecosystems Policy Officer regarding the impact on trees are both noted. It is considered that any issues relating to the removal of trees have been covered via the submission of the above mentioned details prepared by Manx Tree Roots Management Consultancy. In this regard, the proposed works to existing trees on site to facilitate the development are considered to be acceptable and this aspect of the proposals accords with the provisions of Policies ENV 1 and ENV 3 in the Isle of Man Strategic Plan, 2016. OTHER MATTERS - 6.7 Garff Commissioners has advised that there is a '"shared access" pathway from the current highway entrance, and that this 'shared access' continues beyond the applicant's land where it continues as a trackway which links with other properties and the Ballajora Hill highway. Provided that access is maintained to these other properties and the land beyond, post works, any issues arising are considered to be a civil matter. The benefit would be that access form the highway for the length of the track up to the applicants' property would be improved at the applicant's expense for the benefit of other users, and any issues that may arise would be for consideration outside the planning system, which covers matters of land use as opposed to land ownership.
7.1 Overall it is considered that the principle of development and the works proposed by this application are acceptable when assessed against the relevant planning policies in the Isle of Man Strategic Plan 2016, and is recommended for approval. - 8. INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
8.2 The Planning Committee 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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Date: 05.10.2023
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Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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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