Officer Report Recommendation

Case Officer: Miss S E Corlett Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

The Site

1. The site is the residential curtilage of Ballig, an existing dwelling situated between the electric railway line and the A2 coastal highway to the west and to the east is the Glen Mona Loop Road. There is a water course which runs across the southern boundary of the site and access to the site is via a lane from the Glen Mona Loop Road.
2. The residential curtilage sits within a larger piece of land which is owned by the applicant which represents 9 acres.
3. The site accommodates an existing cottage which is two storey at the front and with a catslide roof at the rear. The walls are lime-washed stone and the windows sliding sash within square apertures: in the front there are two square two storey bays beneath front pitch with overhang, and there is a mono-pitched front porch. The roof is slated. Alongside is a stonework barn which has also been lime-washed and with a slated roof and to the south is a further barn of similar appearance.
4. The cottage and the barn are visible from the A2 to the west from a distance of 140m from where the top of the roof is visible.

The Proposal

1. Proposed is the widening of the entrance drive. This will involve widening up to 2.5m along the northern side of the access and a 600mm dry stone wall constructed on the northern side of the access, furthest from the stream to the south. Three trees will need to be removed - two ash and a holly bush and a row of trees planted to the north of the new wall.
2. The access is currently an unmade lane which twists and turns up to the dwelling house which has permission for rebuilding (PA 11/1007). There are areas of dry stone walling along some parts of both sides of the track. The route of the track is to remain the same and the route will be finished in crushed stone and gravel.

Planning Policy And Planning Status

1. The site lies within an area of Woodland within a wider area of High Landscape Value and Scenic Significance on the Town and Country Planning (Development Plan) Order 1982. The site lies within an area where development is generally discouraged and the countryside is protected for its own sake under Environment Policy 1.

Application No.:	12/00153/B
Applicant:	Mr Henry Whipp
Proposal:	Widening of existing driveway
Site Address:	Ballig Farm Glen Mona Loop Road Glen Mona Ramsey Isle Of Man IM7 1HG

1. Environment Policy 7 sets out provisions for the protection of watercourses:

"Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:

a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;

b) details of pollution and alleviation measures must be submitted;

c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and

d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."

In this case the development will be within 8m of the watercourse.

Planning History

1. PA 11/1007 proposed the redevelopment of the dwelling and was permitted. This made no proposals for the alterations to the access.

Representations

1. Highways Division indicate that they do not oppose the application.

1. Department of Environment, Food and Agriculture Fisheries Division indicate that they are concerned that the development will be undertaken within 8m of the watercourse. However, having been provided with a completed form relating to development within 8m of a watercourse, they now conclude that there are no concerns about the development. They recommend that the applicant discusses the works with DEFA Wildlife Division particularly regarding a small wetland area adjacent to the drive which should be protected from infilling or the deposition of spoil.

1. Maughold Parish Commissioners raise no objection to the work but express concern about any work to the entrance. This is not proposed in the application.

1. The Manx Electricity Authority make comments regarding an existing electricity supply in the vicinity of the proposed works. Whilst the Authority do not specify whether these are overhead or underground, there are poles shown in the photographs and as such a note should be attached to this effect.

Assessment

1. Prior consultation with the Forestry Officer indicates that there is nothing wrong with the two ash trees and normally their removal would not be approved. However, they acknowledge the need for proper access, particularly for emergency vehicles so would reluctantly issue a licence to fell the trees. This would be conditional upon replacement tree planting undertaken - hazel, beech, birch and rowan are proposed further back from the access track.

1. Department of Environment, Food and Agriculture Fisheries have confirmed that the works, whilst to be carried out within 8m of the watercourse, will not have any adverse impact on the watercourse and as such the proposed development is not considered to be contrary to EP 7.

1. The loss of the trees is unfortunate. However, the track is an old one, formed before the creation of modern vehicles and it is considered that the need to provide satisfactory access to the property outweighs the negative aspects of the loss of the trees, particularly as the applicant is to plant a number of replacement trees which will, in time, compensate for those lost.

Party Status

1. The local authority, Maughold Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. Department of Environment, Food and Agriculture Fisheries is a statutory authority and as such should be afforded party status in this instance.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

1. The Manx Electricity Authority is not clear whether the existing electricity supplies are overhead, in which case this would be a material consideration, or undergrounded, in which case they would not. As such, the MEA should not be afforded party status in this case.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 30.03.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the alterations to the existing access as shown in drawing 11 0827/5 received on 2nd February, 2012 and the location plan received on 21st February, 2012.

C 3. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the

development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 2/14/12

Determining officer (delete as appropriate)

Signed : C. H. M. Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : _________________________ Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager