DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00317/B Applicant: Mr & Mrs Joe & Sian Bromley Proposal: Erection of detached workshop and installation of gated access to rear boundary Site Address: Cronkbane 5 Baldrine Park Baldrine Isle Of Man IM4 6DE Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 16.08.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

• C 2. No development shall commence on site until a landscaping plan has been submitted to and approved in writing by the Department. The landscaping plan shall contain details of any planting to be undertaken within the gap at the centre of the existing hedging on the rear site boundary.

The development shall be carried out in accordance with the approved scheme and shall be retained as such thereafter unless changes to the landscaping have been submitted to and approved in writing by the Department. Any additional removal must be compensated for by replacement planting in accordance with details which have first been approved in writing by the Department.

No Wildlife Act 1990 Schedule 8 non-native invasive plant species are to be planted on site. Reason: In the interests of protecting and enhancing the biodiversity of the environment.

• C 3. Within three months of the development commencing, plans should be submitted to Planning for written approval containing details of bird boxes to be installed at the site.

The development hereby approved shall not be occupied/brought into use unless the bird boxes have been installed/constructed in accordance with details submitted.

The bird boxes shall be retained thereafter. Reason: To provide adequate safeguards for the ecological species existing on the site.

• C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken under the following classes of Schedule 1 of the Order at any time:

• Class 14 - Extension of dwellinghouse
• Class 15 - Garden sheds and summer-houses
• Class 16 - Fences, walls and gates
• Class 17 - Private garages and car ports Reason: To control future development on the site.

This application has been recommended for approval for the following reason.

Overall, it is considered that the proposals do not have a detrimental impact upon the character of the existing dwelling or locality within which it is located, with the proposal considered to conform to the basis of General Policy 2, Strategic Policy 3 (b), and Environment Policy 42. No adverse impact has been identified as likely with respect of the impacts on neighbouring or public amenity, and highway safety such that the proposal is considered to comply with the Strategic Plan, and the principles promoted by the Residential Design Guide 2021.

Plans/Drawings/Information; This decision relates to the documents and plans received 18 Mar 2023, and Agent Correspondence received 11 August 2023. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is within the domestic curtilage of the property 'Cronkbane' at No.5 Baldrine Park, Baldrine. The dwelling fronts onto the highway of Baldrine Park which sits above Main Road (A2) and the Manx Electric Railway. - 1.2 To the rear of the property is Old Lonan Road, which is a rural track that links Ballamenagh Road and the junction with Main Road. The rear track provides an additional, rear access to the properties that face onto Baldrine Park, but also provides the main access to several properties, including No.8 and No.9 Baldrine Park as well as 'Whistle Bank' and 'Stoney Bank'. - 1.3 The properties here are mainly pitch roofed dwellings, although most of them have flat roofed elements in the form of extensions and garages. Some also have flat roofed detached buildings within their rear gardens. Mature hedges run along the rear boundary of most of the properties on this side of Baldrine Park, including the application site.

2.0 THE PROPOSAL - 2.1 The application is seeks planning approval for erection of detached workshop and installation of gated access to rear boundary. - 2.2 The proposed detached workshop which will be erected at the southwest side of the rear garden would measure 8.6m long, 4.6m wide and 2.5m tall to the top of its flat roof. The external walls would be finished in Anthracite grey composite material, with roof covered in EPDM covering finished in grey colour. Bi folding and sliding doors are to be UPVC double glazed units in Anthracite grey, while the store door to be PPC Aluminium door finished in Anthracite grey. All windows are to be UPVC double glazed units finished in Anthracite grey. - 2.3 The proposed building would face the rear of the main dwelling with rear backing the rear lane. - 2.4 A new pedestrian access gate 920mm wide and 1.2m tall would provide access from the rear garden to the rear lane. - 2.5 The applicants have indicated within the design statement that the workshop will be used to carry out hobbies which include 3D printing and building model aeroplanes. They note that this requires a workbench and many tools of differing sizes which can be fitted to the walls of the proposed structure. Currently the tools are being stored in the attic space and are difficult to access. - 2.6 With regard to the store, they state within the design statement that the store will house bicycles for adults and children, as well as garden maintenance machinery for managing the garden as currently a third-party contractor is used to carry out routine maintenance to the lawns and hedges, which is far from ideal. Thus, the applicant wishes to be able to maintain his own garden.

3.0 PLANNING POLICY - 3.1 The site is zoned as Predominantly Residential use on the Area Plan for the East (Map 9

• Baldrine), and the site is not within a Conservation Area. The site is not prone to flood risks, or within a registered tree area and there are no registered trees on site.

3.2 Given the nature of the proposed development, the following policies of the Strategic Plan are considered relevant: - 3.3 General Policy 2 of the Strategic Plan is considered applicable, which states: "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:

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;

• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality; (j) can be provided with all necessary services;

• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

3.4 Strategic Policy 3 and Environment Policy 42 both focus on the visual design of developments, and state that the design of new development should take account of the local materials, character and identity of its immediate locality, including landscape features. - 3.5 Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. - 3.6 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 7, Community Policy 10, and Community Policy 11.

- 4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 RESIDENTIAL DESIGN GUIDE 2021

• 4.1.1 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 2.0 on sustainable construction, 3.1 on Local Distinctiveness, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme.

4.2 IOM BIODIVERSITY STRATEGY 2015 TO 2025

• 4.2.1 The strategic aims (In part):

• o Managing biodiversity changes to minimise loss of species and habitats. o Maintaining, restoring and enhancing native biodiversity, where necessary.

• 4.2.2 Habitat loss actions "21. DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for."
• 5.0 PLANNING HISTORY

5.1 The application site has been the subject of the flowing previous planning applications which are considered to be materially relevant in the assessment and determination of the current application.

5.2 PA 11/00498/B for Alterations and extension to dwelling and alterations to driveway and access - Approved. This scheme proposed a pedestrian access via the hedge to Old Lonan Road to the rear. This access was to be positioned centrally along the rear boundary. - 5.3 PA 12/00511/B for Alterations and extension to dwelling and alterations to driveway and access (Amendments to PA 11/00498/B) - Approved. This scheme also retained the centralized pedestrian access to Old Lonan Road to the rear. - 5.4 PA 18/00901/B for Removal of a sod wall and erection of fencing (retrospective). This application was refused by the Planning Committee. Being the subject of an appeal, the application was also refused at appeal.

• 5.4.1 The Inspector in assessing the application made the following comments: "Main Issue

• 35. The single main issue is the effect the replacement of the Manx sod bank with the fence has had on the appearance and character of the site and the surrounding area, including with respect to wildlife and in the light of adopted planning policy and guidance relevant to Manx Hedges. Appearance, Character and Wildlife

• 36. Along the length of Old Lonan Road, many sections of Manx sod banks have been removed, over the years and some quite recently. This has mainly been in order to create vehicle accesses over only a portion of the property boundaries. Overall, the lane remains essentially bounded on both sides by traditional Manx Hedges, such that it has visibly retained its ancient rural character.
• 37. Notably, in the case of the development now disputed in this appeal, the sod bank has been removed in its entirety over the whole rear boundary of No 5 Baldrine Park and been replaced by a modern fence of stark appearance. Even accepting that the former sod bank was in a dilapidated state, it would still have contributed positively to public amenity, as a traditional feature bounding the ancient rural lane. The development appears obtrusive in its rural context and has resulted in significant harm to the appearance and character of the appeal property and the lane as a whole. It has also removed the potential benefit of the former Manx Hedge as a wildlife corridor.
• 38. The effects of the development thus run contrary to the provisions of GP2 of the SP that development should not affect adversely the character of the surrounding landscape or wildlife and should incorporate existing landscape features.
• 39. Moreover, the development is significantly at odds with the guidance of C1/92 on Manx Hedges and its recognition of their historic contribution to the distinctive character of the landscape and its presumption in favour of their retention, in particular where they bound a public highway, such as Old Lonan Road. As aptly submitted in the case of the Garff Commissioners, this long-standing advice is of increasing importance in the context of the UNESCO biosphere status of the Island with the accent on environmental sustainability and the finding of the Landscape Character Assessment for the area, including that linear development along roads that extends urbanising influences into the wider countryside should be avoided. Other Matters
• 40. I have taken account of the examples of other approved development, cited by the Appellant, where sometimes large sections of Manx Hedges have been removed. Regrettably, as admitted by the Planning Authority at the Hearing, this gives the impression of a degree of inconsistency in its decision making. At the same time, every case must be decided on its own merits in current circumstances. Moreover, where larger developments have resulted in the removal of lengths of Manx Hedges along main roads, the circumstances are not directly comparable with the present case.
• 41. It is evident that the Planning Authority and the Commissioners are sympathetic to the Appellant in his need and desire to make the rear boundary of No 5 Baldrine Park more attractive and secure, especially in anticipation of starting a family, and might potentially be amenable to agreeing a compromise solution to safeguard visual amenity and wildlife.
• 42. However, aside from a suggestion to plant a laurel hedge outside the fence, no such solution is currently before the Minister for consideration. A laurel hedge would not amount to a sufficient compromise compared with a native hedge, notwithstanding that some examples of it are to be seen at No 6 and elsewhere along the lane. Any such proposal would require detailed consideration by the Planning Authority in the first instance. The present appeal falls to be determined on its individual merits and the evidence presently available. Conclusion
• 43. For the reasons given above, I consider that the replacement of the Manx sod bank with the fence at No 5 Baldrine Park has had an unacceptably detrimental effect upon the appearance, character and potentially the wildlife of the site and the surrounding area, contrary to established planning policy and guidance which presumes in favour of the retention of Manx Hedges.

• 44. I conclude that the appeal should therefore be dismissed and the decision of the Planning Authority to refuse the application upheld."

6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to not place gravel within 1m of the public road to prevent its tracking thereon (31 March 2023). - 6.2 The Department of Infrastructure (DOI) Highways Drainage have stated that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. They request that the applicant be aware of and comply with these clauses (28 March 2023). - 6.3 Garff Commissioners have not made any comments on the current application, although they were consulted on 28 March 2023. - 6.4 Given the previous history of the site, the DEFA Ecosystem Policy Team was consulted for comments on 9 August 2023, with the applicant's agent also providing further information to clarify the situation with the site and proposed development. Further to reviewing the additional information on the Agents Correspondence dated 11 August 2023, DEFA Ecosystem Policy team made further comments on 14 August 2023. They request the following:

• o They request that the unplanted area that housed the previous access should be entirely replanted with native species and the replanting should be done as soon as possible to give it a longer time to establish.
• o They note that the hedge was planted as mitigation for the loss of the sod bank and
• other bits of hedge, and thus ultimately there would be a loss for wildlife on site. As such, they request the applicants provide additional wildlife mitigation via the installation of bird boxes.

6.5 No comments have been received from neighbouring properties.

7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of this planning application are;

• i. Visual impact of the proposed development; (GP2 b, c & g, and SP 3b); and
• ii. Highway safety Impacts (GP2 h & i); and
• iii. Impact on Neighbouring amenity (GP2 g & RDG 2021).

7.2 Visual Impact (GP 2)

• 7.2.1 With regard to the visual impact of the proposal, it is considered that the proposal would result in the replacement of part of an existing fence and hedge that was planted as mitigation for the loss of the sod bank with a new pedestrian access gate. Whilst this hedging together with the existing sod hedges and sodbanks on the boundary of the neighbouring properties that are situated along Old Lonan Road (rear of Baldrine Park), serve to define the character of this part of the locality, the scale of hedge removal would be minimal (only measuring about 1.8m wide) with further planting carried out along this boundary to further establish this replacement hedging on the boundary. As such, it is not considered that any impacts that would result would be sufficient to warrant refusal of the proposal.
• 7.2.2 In terms of the visual impact of the new building as viewed from Old Lonan Road, it is considered that the rear gardens of the neighbouring properties on the western side of the road, particularly those that are directly adjacent has considerable built development which would ensure that the new built form fits with the character of this part of the vicinity. It is also noted that a number of these properties have flat roofed outbuildings within their rear gardens,

• with the main dwellings here, as well as the application site having significant flat roofed elements. As such, it is considered that the design and appearance of the building would enable its easy integration into the character of the application site and immediate locality. This is particularly relevant as the proposed development would not introduce features that are at variance with the character of the application site and adjacent neighbouring properties.
• 7.2.3 Given the above, the works are expected to have an overall negligible impact on the general quality and appearance of the existing dwelling on site or the character of the street scene, and the proposed works would be unobjectionable given the nature of the built development here and prevailing boundary treatments. Therefore, it is considered that the proposal would be in keeping with the character of the site, street scene and locality, and accord with GP2 (b, c & g).

7.3 Highway safety Impacts (GP2 & TP 6) 7.3.1 In terms of impacts on highway safety, it is considered that the proposed pedestrian gate would provide access onto a rear service lane which is not associated with high vehicle speeds given the nature and size of Old Lonan Road. It is also considered that the properties here have gated an ungated accesses, such that new gated opening would not jeopardise the safety of existing users who should be accustomed to vehicles and pedestrians exiting the rear of the adjoining properties. Therefore, it is not considered that there would be any concerns in terms of highway safety impacts.

7.3.2 It is also important to note that DOI Highways considers that the proposal does not raise significant road safety or highway network functionality issues. Thus, it is considered that the proposal would have acceptable highway safety impacts.

7.4 Impact on Neighbouring Amenity

• 7.4.1 It is not considered that there would be any adverse impacts on neighbouring amenity as the scheme would not compromise views into any of the neighbouring properties to the rear, and as the height of the proposed building would only be slightly taller than the existing boundary treatment on the boundary with the neighbouring property at 6 Baldrine Park, as well as the built form within this neighbouring property that is adjacent the boundary. The height of the proposed building relative to the adjacent structure within the neighbouring rear garden would also ensure that overshadowing or overbearing impacts does not occur in this case.
• 8.0 CONCLUSION

8.1 Overall, it is considered the proposal would comply with General Policy 2, Strategic Policy 3, and Environment Policy 42 of the Strategic Plan, and principles of the Residential Design Guide, having no significant adverse impacts upon public or private amenities and therefore it is recommended that the application be approved. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status.

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 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: 25.08.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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