DEC Officer Report

Application No.: 19/01324/B Applicant: Ravenhill Resources Ltd Proposal: Erection of a detached dwelling Site Address: Field 314758 Main Road St Johns Isle Of Man Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 18.06.2020 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The application fails to comply with the specific development brief for this area as required by the St Johns Local Plan 1999 and the principle is therefore contrary to Res/P/1 of the St John's Local Plan 1999 and fails General Policy 2 a, g, h, i, j and k of the Isle of Man Strategic Plan 2016. - R 2. The application fails to demonstrate safe highway construction access contrary to Res/P/1 of the St John's Local Plan and General Policy 2 g, h and i of the Isle of Man Strategic Plan 2016. _______________________________________________________________

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):

• o 4 Balladoyne Estate
• o 5 Balladoyne Estate
• o 6 Balladoyne Estate
• o 7 Balladoyne Estate
• o Balladoyne Farm

as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The site is an irregularly shaped parcel of land which sits on the southern side of the main A1 road running through St John's and between St John's Primary School and the Balladoyne residential estate comprising a mix of bungalows and dormer bungalows. - 1.2 Sitting between the dismantled railway line and Balladoyne estate is the larger triangular part of the site, from here the red line travels northwards connecting with the turning circle of the Balladoyne estate and then doglegs westwards and upwards through field 312711 and joining directly with the A1 main road opposite the church hall. Directly joining the west side of this part of the site are the Ballaharra standing stones. THE PROPOSAL

2.1 The current application seeks approval for the erection of a single dwelling on the larger triangular parcel of land south of the Balladoyne Estate, including the formation of a new access from the Balladoyne estate and the formation of two further construction accesses from the main A1 road and through field 312711. The agent's covering letter states that construction access is to be considered from all accesses as the development is only for one dwelling. Proposed Dwelling - 2.2 The dwelling proposed has a general footprint measuring around 11m wide x 26m long. The dwelling is single storey with eaves approx. 2.5m high. The central roof ridge sits at approx. 7m and there are seven roof lights proposed on each side of the roof slope, with a further two proposed on either side of the south facing gable which projects roughly 3m from the rear elevation and incorporated a central stone clad chimney stack and large apex feature glazing either side. - 2.3 Across the remaining south facing elevation are four large areas of glazing including some bi-folding and patio doors. The north elevation features a smaller projecting gable entrance and vestibule, either side are a number of smaller windows outlined with a render band and stone clad between. To the north side of the dwelling is a proposed block paved car parking area approx. 22m x 15m. Proposed Accesses - 2.4 From the proposed dwelling a 4.4m wide access road is to travel northwards approx. 70m curving eastwards and joining with the Balladoyne estate road cul-de-sac turning area. - 2.5 Heading westward the access road increases to 4.8m wide running along the northern boundary of field 312909 and then upwards along the western boundary of field 312711 before joining with the A1. The drawing indicates a visibility splay of 2.4m x 45m can be achieved in either direction, although only the visibility space to the east is encapsulated in the red line. Superseded - 2.6 The original application also sought a third construction access which continued westwards through the fields and joining with Station Road. This was later omitted follow comments received from DEFA Ecology. PLANNING HISTORY

3.1 The extent of the red line for the site and surrounding area has been subject to a number of planning applications, those considered materially relevant in the case of the current application are:

3.2 20/00245/B - seeks approval for the creation of new vehicular entrance and construction route from the A1 across field 312711 - PENDING CONSIDERATION. The application has not yet been determined but has received an objection from DOI Highway Services. - 3.3 15/00345/A - Approval in principle for a temporary access road for constructions traffic through field 312711 - Approved

• 3.3.1 The principle for development was accepted given the residential land use designation in the St Johns Local Plan which the temporary construction access was to serve. DOI were content that an access could be designed here in such a way as to be safe. The access from the A1 would present some advantages over the access approved from Station Road although still not ideal. If there were a concern for the living conditions of those in Westville as well as the health of the trees alongside, the route could be relocated further from the boundary to avoid this impact but this would need to form part of the reserved matters (REM) application. The standard REM conditions were added along with appropriately worded conditions relating to highway safety including detailed design sufficient to accommodate HGV access and egress, appropriate radius turning, visibility of at least 40m, wheel washing facilities and no discharge of water on the highway. A condition demonstrating that construction traffic would be suitable distance from Westbury and the trees, and that the temporary construction access may only be used and available for use to facilitate the development of fields 312909 and 314758 and must upon completion of said development be closed off and the route restored to agricultural field.

3.4 11/00690/B - Residential estate layout of six plots, roads and sewers including temporary construction access to site off Station Road Fields 312909 And 314758 Land Adjacent To Balladoyne St John's Isle Of Man - REFUSED at appeal.

• 3.4.1 The Inspector accepted that the construction access was intended to be temporary but that it could be there for a year or more and the highway conditions of Station Road from which that access was to be formed was already dangerous and its use by construction vehicles would make this worse, and the risk of accident too real and too serious to be tolerated for that length of time and would have an unacceptable effect on highway safety. The St John's Local Plan does not suggest a route for the construction access in the Development Brief for Area 1 other than it must not go through Balladoyne. Just because the proposal via Station Road is unacceptable does not mean that Area 1 is undevelopable, but that better options have not yet been explored.

3.5 16/00203/B - Variation of condition 1 to extend period of permission of previous approval of PA 11/00241/B for the estate layout for two houses in field south of the Methodist Hall known as 'Area 6' on the St John's Local Plan and including the associated construction access road into field 312909. This was approved. This was approved subject to a condition stating:

• 3.5.1 "C2. Notwithstanding what is shown on Drawing no 0725/PL100 Rev C, there shall be no access for construction traffic through to the adjoining land to the east. Reason: this is the subject of further applications which are the vehicles for determining whether this is acceptable." PLANNING STATUS AND POLICY

4.1 The majority of the application site falls within land identified in the St. John's Local Plan 1999 as land designated for residential development, this area is recognised as 'Area 1'. The remaining part of the site where the construction access runs through field 312711 and joins with the main road is designated as 'open space' and also within the proposed Conservation Area.

4.2 Field 312711 is specifically referred to at paragraph 3.1 of the accompanying St John's written statement, as one which was specifically removed of its residential status and redesignated as Open Space, in order to acknowledge its contribution to the amenities of the village by being open and affording views of Slieau Whallian in the background and also offering a welcome break in development along the roadside at this point in the village and contributing to the setting of Tynwald Hill. Policies OS/P/1 and OS/P/2 presume against any development on land designated as Open Space and which would adversely affect the southerly open countryside views from Peel Road.

• o OS/P/1: Other than those areas specifically designated for development or zoned predominantly residential on the proposals map, no areas of open space shall be developed.
• o OS/P/2: No new development shall be permitted which would adversely affect the southerly open countryside views from Peel Road.

4.3 Area 1 of the St John's Local Plan was originally designated for development as part of the 1982 Development Plan and that low density housing could be sited in the smaller area with minimal impact on the amenities of adjoining residents and without compromise to Tynwald Hill and DOI recommended that its vehicular access should be though Balladoyne Estate. Responses to this proposal were received from many residents of Balladoyne who were opposed to the development for a number of reasons but principally on the grounds of additional traffic and use by construction vehicles would be detrimental to amenities. Manx National Heritage were also concerned for the potential impact on a mediaeval chapel and crop marks in fields west of Balladoyne estate. It was accepted that Area 1 should remain designated for residential development for a limited number of dwellings and that permanent access be via Balladoyne estate but that construction access must not pass through the estate. On this basis Policy RES/P/1 and Development Brief for Area 1 were considered appropriate for inclusion within the written statement.

• Res/P/1: Residential development shall be permitted within Development Area 1 in accordance with the following development brief.

"Development Brief

• a. The maximum number of units which may be developed on this site is six (6).
• b. All dwellings shall be single storey (dormer accommodation will not be permitted).
• c. No detailed application for development of any dwelling will be approved until such a time as a detailed application for the installation of roads and sewers together with the indication of plots and landscaping, has been approved by the Planning Committee.
• d. The application for the development of the site must include an indication of the temporary route to be used by construction traffic and such route must not be through the Balladoyne estate. Such a temporary route must be removed and the site made good when construction works are completed.
• e. Permanent access to the site after the development is completed may be taken through the Balladoyne estate.
• f. No development may commence until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved by the Department. Such a scheme must be included as part of any detailed application for consideration and the applicant in strongly recommended to consult Manx National Heritage in this respect.
• g. Whilst field 9378 (that immediately behind Balladoyne Farmhouse) has been included within the development area, this land may only be used or developed in association with the existing adjacent properties (Balladoyne Farmhouse, "Allo" and 11, Balladoyne Estate and the building known as the Methodist Church) and may not be used for the erection of any new dwellings."

4.4 Further to the Local Plan Policy, the Isle of Man Strategic Plan 2016 also contains a number of policies considered to be relevant in the assessment of the current application. St Johns is recognised in as a service village (Spatial Policy 3) and development here should make a positive contribution to the local distinctiveness while protecting any fabric or settings of ancient monuments (Strategic Policy 4), not harm local habitats (Environment Policy 4) and ensure that the general standards towards acceptable development are followed to limit adverse impact on visual or neighbouring amenity (General Policy 2). New development should be best located as to promote integrated transport networks, design in accordance to highway standards and make suitable provision for pedestrian and cycle routes linking to existing systems and not compromising the attraction of existing railway routes or their potential as public transport facility (Strategic Policy 10 and Transport Policies 2, 3, 4 and 7). - 4.5 Strategic Policy 4: "Proposals for development must:

• a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2) , buildings and structures within National Heritage Areas and sites of archaeological interest;
• 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; and
• c) not cause or lead to unacceptable environmental pollution or disturbance."

4.6 Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to:

• (a) minimise journeys, especially by private car;
• (b) make best use of public transport;
• (c) not adversely affect highway safety for all users, and
• (d) encourage pedestrian movement."

4.7 Spatial Policy 3 states (in part): "The following villages are identified as Service Villages: o St John's…" - 4.8 Environment Policy 4: Development will not be permitted which would adversely affect:

• (a) species and habitats of international importance:

• i. protected species of international importance or their habitats; or
• ii. proposed or designated Ramsar and Emerald Sites or other internationally important sites.

• (b) species and habitats of national importance:

• i. protected species of national importance or their habitats; (1) Wildlife Sites are defined in Appendix 1 41
• ii. proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or
• iii. Marine Nature Reserves; or
• iv. National Trust Land.

• (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."

4.9 General Policy 2: "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:

• a) is in accordance with the design brief in the Area Plan where there is such a brief;
• 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 watercourses;
• e) does not affect adversely public views of the sea;
• 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;
• h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• j) can be provided with all necessary services;
• k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• 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."

4.10 Transport Policy 2: "The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems." - 4.11 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." - 4.12 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." - 4.13 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

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

5.1 German Parish Commissioners:

• o Deferral (12/12/2019)

• o OBJECTION (30/12/2019) - further clarification required as to the red and blue lines for the application and request for definitive map showing boundaries or an explanation of the current application.
• o Deferral (07/05/2020) - no further information has been received in respect of the boundary markings.
• o No objection to development of dwelling, but have concern with regards to the need for putting the access and roads into the site prior to the approval of development (05/06/2020).

5.2 DEFA Forestry - comments (11/12/2019) - there are a few small turkey oak trees within the footprint of the proposed dwelling which will need to be removed and their loss should be mitigated. The bigger issue with this application is the access. The permanent/residential access will require the removal of a few small hedgerow trees, as with the turkey oaks their visual amenity value is not significant, but in this case they have an ecological value warranting mitigation. It would be reasonable to request a landscaping plan which includes some replanting. This could be requested prior to determination or through a condition.

• 5.2.1 The local plan requires that any construction traffic must not use the Balladoyne estate road. This application provides 2 options for construction access; via Station Road or via Peel Road. Regarding the Station Road option, there have been several applications but I can't find any precedent for access via Station Road to facilitate construction on field 314758. I have great concerns about access through this area as there are many trees which could be affected. A full arboricultural impact assessment and protection plan should be requested prior to determination. Preferred would be a condition which excludes Station Road as an option.
• 5.2.2 The route out to the Peel Road has far less constraints but would still require some protective measures to be implemented. There are large mature ash trees along the boundary with Westville which are prominent in the local area and have a high amenity value. As they are likely to have roots in the adjacent the field the construction of the temporary access should be formed on top of the existing ground levels with measures in place to prevent compaction of the soil environment and any other direct or indirect damage to the trees. In this respect a condition requiring a method statement to be provided prior to commencement is necessary.
• 5.3 DEFA Ecology - comments (16/12/2020) - The proposed development is in an area of semi-natural habitat we therefore request a Preliminary Ecological Appraisal (PEA) is undertaken by a suitably qualified ecologist prior to the determination. The PEA should identify the requirements for additional protected species surveys. There is potential for bats to be roosting in mature trees impacted by the construction access road. There are records of both lizard and frog in the local area. Should the PEA identify the likelihood for a protected species to be impacted then a mitigation plan for their protection during, and after, the development must be submitted prior to the determination of the application. The PEA should also identify the presence of any species listed on Schedule 8 Part II of the Wildlife Act 1990 (invasive nonnative species). Reference is also made to offences under Schedule 5 Wildlife Act 1990 in relation to protected species.

• 5.3.1 The agent provided a bat and bird report prepared for the previous 2011 application, DEFA Ecology responded stating that these report were out of date and not acceptable. If the access from Station Road was removed from the proposal it would remove the need for bat roost assessments unless there are trees being removed/limbed from elsewhere on the site, but a PEA would still required for the rest of the site.
• 5.3.2 A PEA was later received from the agent and the Station Road access was omitted from the scheme.
• 5.3.3 Comments from DEFA Ecology on the PEA were received indicating an acceptability of the PEA and suggested conditions based on the findings (29/04/2020).
• 5.3.4 The MWLT excludes the Station Road western access route from the proposed development and ecological survey and therefore a condition preventing its use is necessary or prevention of its use until additional PEA is undertaken for it. This is because there are mature trees located on the western access route that have potential for bat roosts. Other than that the PEA is otherwise in order and an appropriate level of assessment has been undertaken.

• 5.3.5 Section 6.2 of the PEA identifies the requirement for a lighting plan due to the high density of bats in the local area. A suitably worded condition stating no external lighting shall be installed unless a detailed external lighting design scheme has been submitted and approved, the scheme shall identify measures to avoid impacts on nocturnal wildlife and the development shall be carried out in accordance with the approved details.
• 5.3.6 Sections 6.7 and 6.8 detail reasonable avoidance measures for nesting birds and Sections 6.11 to 6.16 detail reasonable avoidance measures for common lizards. In respect of both suitably worded conditions should be added stating that the development shall be undertaken strictly in accordance with those Reasonable Avoidance Measures, implemented in full and maintained thereafter.
• 5.3.7 Non-native invasive hybrid bluebell listed on Schedule 8 of the Wildlife Act 1990 was identified as being on the site. The development shall be undertaken strictly in accordance with management prescription for non-native hybrid bluebells detailed in Section 6.25 of the PEA, implemented in full and maintained thereafter.
• 5.3.8 The PEA also includes several biodiversity enhancements and it would be desirable if these were incorporated in to the development, including Bat Bricks, Bee Bricks, planting of native trees and wildflower, management of grassland and creation of hibernation habitats for lizards, retention of grassland areas and management for rare fungi and the removal of invasive non-native turkey oak.

5.4 Department of Infrastructure Highway Services - had not commented on the application as of 18/06/2020. - 5.5 Comments have been received from the following properties within the Balladoyne Estate;

• o 4 Balladoyne Estate (dated 05/01/2020)
• o 5 Balladoyne Estate (dated 11/12/2019 and 13/05/2020)
• o 6 Balladoyne Estate (dated 13/12/2019)
• o 7 Balladoyne Estate (dated 16/12/2019)

• 5.5.1 While there are no objections to the building of one bungalow, however there is significant concern expressed for the use of Balladoyne Estate road as a construction access. The existing estate road is barely wide enough to allow two vehicles to pass and on street parking is more prevalent compared with the previous 2011 application. Any additional and larger construction traffic passing through Balladoyne estate would prove dangerous, and sightlines from Balladoyne onto the A1 are not suitable for construction or heavy goods vehicles. There is also concern that the use of this access for construction traffic for one dwelling may set precedent for future development. It was also noted that the red line includes part of Balladoyne highway which is an adopted highway and presumably the applicant cannot include or make any alteration to this without the owner's consent.

5.6 Comments have also been received from the owner of Balladoyne Farm (30/12/2019) who currently resides at Struan Beg, Main Road, Foxdale and who are also tenants in common ownership with the applicant. They refer to a number of matters contained within the application submission and the refusal of PA 14/01419/B in January 2019 for a temporary construction access from Station Road. Alternative access from Peel Road granted under PA 15/00345/A was offered to the applicant for use but was declined. There is concern that the heras fencing to protect the Cairn site may be relocated due to their portable nature. The planning history of the Station Road applications is referred to concluding that the 16/00203/B application was approved with a specific condition restricting the construction access in to Area 1.

• 5.6.1 The comments address a number of email correspondences between the agent and DEFA, but its felt that these matters should be addressed or resolved through appropriate preapplication advice or through the planning officer and thus retaining impartial practice. The objector feels there is a conflict in interest as the applicant is also acting as agent, and they feel that the application fails to meet the planning guidance statements in ensuring that a planning application is completed honestly, accurately and is accompanied by all appropriate details, plans, forms and fees.

• 5.6.2 The Turkey Oaks evident on the land along with many other sapling species are within an area of flightpath for corvids which daily congregate in the fields and on trees littering the fields with pinecones, conker cases, acorns etc. In June 2019 the agent engaged persons to cut down the Turkey oaks, following which DEFA Forestry attended the site and gave assessment of the trees. A permit application prior to their removal would have allowed for mitigation planting. Horses currently graze on field 312909 and turkey oaks are poisonous to horses.
• 5.6.3 The objector makes specific reference to the current application failing to comply with Planning Circular 6/99 St John's Local Plan specifically section 2.9 and RES/P/1 parts b, c, d and e as the proposal includes sufficient space within the roof to accommodate living space, there is no extant approval for roads and sewers, no intention to make provision for a construction route and that other permanent accesses may be available not just Balladoyne.
• 5.6.4 It is questioned whether the proposed road will be adopted along with street-lighting, sewage and soakaways and there is concern with the retention of hedgerows given it is only for one dwelling. ASSESSMENT

6.1 There are a number of matters to consider as part of the current application assessment; (i) a clarification of the proposed development, (ii) the principle of development, (iii) the highway matters, (iv) whether there would be any impacts on local wildlife or habitats and (iv) whether there would be any impact on landscaping and residential amenity.

• (i) Clarification of proposed development

6.2 The application seeks approval for the erection of a single dwelling within field 314758 south of the Balladoyne Estate. The proposal also includes the creation of a temporary construction access from the A1 Peel Road through field's 312711 and 312909, and the creation of a mixed use permanent and construction access direct from the Balladoyne Estate.

• (ii) Principle of Development

6.3 There is no dispute that the proposed dwelling would sit within an area designated for residential development on the St John's Local Plan 1999. The written statement accompanying the local plan states that residential development in Area 1 shall be carried out in accordance with parts A - G of the development brief, and General Policy 2a requires development to accord with the design brief in the Area Plan where there is such a brief and until such a time that new Area Plans are adopted, Existing Local Plans will remain in effect. - 6.4 Check list against parts A-G of St John's Local Plan development brief for Area 1:

• a) The proposal is for 1 dwelling and is within the 6 maximum units - COMPLIES.
• b) The design of the dwelling is single storey, Ward v Paterson [1929] defines a bungalow (a low house having one storey) a building of which the walls, with the exception of any gables, are no higher than the ground floor, and of which the roof starts at a point substantially not higher than the top of the wall of the ground floor, and it does not matter in

• what way the space in the roof of a building so constructed is used and therefore the design of the proposed dwelling is acceptable - COMPLIES.
• c) The proposal has provided some detail for the installation of roads and sewers however only for a single dwelling. There is no other detail given for the indication of the remaining plots, roads, sewers or landscaping and there is no previous extant approval in place detailing this - FAILS.
• d) The proposal includes construction access from Peel Road and through Balladoyne estate. Construction traffic must not travel through Balladoyne - FAILS.
• e) A permanent access through Balladoyne estate as shown on the plan would be acceptable - COMPLIES.
• f) The application does not provide evidence of consultation with Manx National Heritage and does not provide any information in regards to a implementation programme of archaeological work in accordance with a written scheme of investigation which is required as part of any detailed application - FAILS.
• g) The current application does not include development within the field immediately behind Balladoyne Farmhouse - COMPLIES.

6.5 On review of the St John's Local Plan it would be reasonable to state that the necessary development brief was actioned in an attempted to minimise disturbance as a result of the development of Area 1, not only to the adjacent neighbouring dwellings but also on the surrounding environment including the setting of Tynwald Hill and those views towards Slieau Whallian. The planning in principle for a temporary access from Peel Road approved under PA 15/00345/A also comprised a conditioning stating that the temporary access must upon completion of said development or at a time two years from the date of commencement of the use of the access, must be closed off and the route restored to agricultural field. The time limitation on which would also seek to minimise the disturbance or impacts as a result of the development of the site. - 6.6 The current application fails the development brief on three accounts, each considered to form a significant part in the development of Area 1 without affecting adversely the amenity of local residents, to ensure safe and convenient access for all highway users without unacceptable effect on road safety or traffic flows and to ensure the development area can be provided with necessary and suitable services. Stepping outside of the development brief here could prejudice the use or development of the remaining or adjoining land, and the setting of a precedent for the submission of ad hoc applications here would significantly undermine the development brief and its intended purpose to ensure the historical and rural character of St John's is protected and that amenity impacts on the neighbours are minimised. - 6.7 The designated residential use is indisputable, however must be developed in accordance with the development brief criteria, the proposal in this respect fails Res/P/1 of the St John's Local Plan and as a result to provide all the necessary criteria the proposal also fails the principles of General Policy 2 a, g, h, i, j and k.

• (iii) Highway Matters

6.8 Highway matters have been assessed on the information provided as part of the application and to service the single dwelling only. The proposed site plan drawing indicates that visibility of 2.4m x 45m and 2.4 x 35m can be achieved from two accesses (the temporary construction access and Balladoyne estate road) on to Peel Road, however parts of these visibility splays fall outside of the red line for the site and there is limited detail to ensure that these are fully achievable and that they will be free from obstruction. - 6.9 Previous conditions of 15/00345/A required details of the construction access road demonstrating sufficient width to accommodate access and egress simultaneously by a HGV. The agent for the current application requests that construction access be made available from either the temporary access or from the Balladoyne estate. No vehicle tracking movements

• have been provided and a one way system is not proposed, therefore it cannot be determine whether suitable HGV access could be achieved to the site without harming traffic flow, highway safety or neighbouring amenity.
• 6.10 The permanent access to Balladoyne is to be tarmac, however there is no reference made to the material finish of the temporary access road and the movement of construction vehicles here in close proximity to the trees lining the western boundary with Westfield could impact root systems and detriment their longevity. DEFA Forestry has suggested further detail in this respect could be requested by condition.
• 6.11 In respect of the single dwelling, this will be provided with sufficient space for the parking and turning of at least two vehicles off the road and therefore meets with the parking standards of the Strategic Plan. A single dwelling is likely to generate a low level of traffic and the proposed permanent access road is perhaps just wide enough to allow two cars, although the bend in the road coupled with boundary vegetation could impact visibility between the permanent access and Balladoyne Estate.
• 6.12 The permanent access for the single dwelling would link to existing infrastructure of Balladoyne the design of which would be capable of accommodating the expected vehicle and pedestrian journeys generated by the single dwelling. The level of development and its distance from the former rail route would not compromise its attraction as a tourism or leisure facility, and while there is no access proposed to connect the dwelling to the former railway line this is not necessarily required given that it is a single dwelling. However, the application fails to demonstrate that suitable construction access can be accommodated for the development of the site without detriment or harm to local highway safety and traffic flow. By reason of the construction access the application is considered to fail General Policy 2 (g, h and i) and Res/P/1 of the St John's Local Plan.

• (iv) Impact on Wildlife and Habitats

6.13 The Preliminary Ecological Appraisal has been undertaken at the site and identifies the potential for bats, nesting birds and lizards (although no lizards recorded at the site there have been within 500m of the site). There are a number of trees lining the western side of the temporary access road the proximity of which could impact rooting systems through heavy vehicle ground compaction and a number of these trees have been identified as potential bat roosts and which could be impacted as a result of the development as shown unless suitable construction and protection is put in place (suggested detail required by condition by DEFA Forestry). The appraisal also identifies the boundary hedging between fields 312711 and 312909 as being a potential habitat for lizards and its removal should be staged to allow natural migration should lizard be present. The remaining development appears set back from other hedgerows and trees and thus a limited impact is expected. Turkey Oaks have been identified throughout the site and have been considered acceptable for removal. Artificial lighting as a result of human activity has been identified as a potential issue at the site and a lighting scheme has been suggested in the PEA to address this impact on habitats. - 6.14 Comments have been received from DEFA in respect of the proposal and the findings of the Preliminary Ecological Appraisal and been accepted and a number of conditions have been suggested to ensure suitable mitigation and a limited impact to ecology. Furthermore a detailed landscaping plan could be requested by condition to help minimise impact on wildlife and habitat safeguarding no net loss to ecology as a result of the development. There is no external lighting proposed within the scheme, a suitably worded condition could be added to restrict any external installation of lighting. Internal lighting from the single dwelling is not expected to be so detrimental or so far removal from what is likely expected from dwellings in Balladoyne as to cause significant adverse impact on habitats in the area.

• (v) Impact on Landscaping and Residential Amenity

6.15 The proposal is for a single dwelling unit on a site designated for low density residential development where 6 units are projected. In the immediate phase the impact on landscape is likely to be more notable compared with the long term outcome given the nature of the temporary construction access across the field adjacent to the main road and the consequential construction machinery and activity. - 6.16 The distance between the dwelling and the nearest properties of Balladoyne is sufficient enough as to limit any privacy and overlooking impacts from the proposed ground floor windows. The design of the dwelling complies with the development brief, although it would not be unreasonable to state that the height and pitch of the roof is of such a scale that it could likely accommodate additional living space in the roof. A previous inspector for PA 11/00690/B suggested conditions that restricted the creation of any living space in the roof. - 6.17 The St John's Local Plan states that this area contributes to the views towards Slieau Whallian from the main road. The taller the development the increased potential for these views to be impeded. However, the specific siting of the proposed dwelling being furthest from the main road and beyond dwellings of Balladoyne it's unlikely that its proposed height will present any significant adverse harm to the views toward Slieau Whallian. CONCLUSION

7.1 Conditions could likely safeguard the site in respect of landscaping, trees, habitats and general ecology and the development of a permanent access and single residential dwellinghouse could be accommodated on the site without significant adverse harm to highway safety, neighbouring amenity and would fit with the residential designation of the site. However by reason of the application's failure to comply with the specific development brief for this area as set out in the St John's Local Plan 1999 and failing to demonstrate safe highway constuction access, the principle of the development is fatally flawed and contravenes Res/P/1 of the St John's Local Plan and fails General Policy 2 a, g, h, i, j and k. For this reason the application is recommended for refusal. 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:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The Planning Committee 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 in Article 6(4) who should be given Interested Person Status.

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.

Decision Made : Refused Date: 19.06.2020 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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