DEC Officer Report

Application No.: 18/01073/B Applicant: Browne Craine And Co Ltd Proposal: Landscaping works to create additional parking area within grounds of property Site Address: Burleigh Manor Peel Road Douglas Isle of Man IM1 5EP Senior Planning Officer: Mr Thomas O'Connor Photo Taken: 21.02.2019 Site Visit: 21.02.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 28.02.2019 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. A Root Protection and No-Dig Area of at least 5 metres distance from the base of mature trees within the site shall be established during the construction period of the parking area hereby approved and maintained in situ thereafter unless otherwise authorised by the Department.

Reason: In order to protect groups of mature trees located within the site, maintain the ecological amenity of the site and protect the visual character of the site which is beneficial to the amenity of the local street scene

N 1.,For information, mature trees within the vicinity of the site are identified as potential habitats of protected bats species in accordance with the requirements of Schedules 1-8 of the Wildlife Act 1990. Works that would be likely to affect any mature trees within the vicinity of the site would require a bat roost survey and checks before any work is undertaken. Should any evidence of a bat presence be found during the work, work must stop immediately and a licensed bat worker be contacted. Plans/Drawings/Information:

This decision relates to the following documents: Schedule Drawing- No 1; Schedule Drawing No.2; Area Plan No.3 - Trees and Shrubs; Drawing No.4 - Change of Levels; Drawing 5 Change of Level Notes; Drawing No 6 - The Formal Tree Inspection Report prepared by Manx Roots Tree Management dated 13th April 2018 and additional photographic evidence of the progress of the work (5 photographs) were submitted in support of the application, dated stamped and received on 15th October 2018. An additional supporting letter from the applicant clarifying the scope of the works was also submitted, date stamped and received on 8th February 2018.

_______________________________________________________________ Interested Person Status – Additional Persons

None received _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of Burleigh Manor, an office building situated on the northern side of Peel Road in Douglas. The development relates to a broadly oval area of some 175 sq m located in front of the building. Across Peel Road is the Hills Meadow Industrial Estate. The area to the north is characterised by a mix of residential and some commercial use. The grounds of Burleigh Manor House remain extensive with a woodland tree screen particularly to the front facing onto the highway. The mid-19th century building is not Registered and is not within a Conservation Area.

2.0 THE PROPOSAL - 2.1 Partly retrospective with the land cleared and levelled for development, the application, as submitted, seeks to utilise an area of lawn located to the front of the building as a tarmac parking area of 7 spaces each 2.5m width x 5m in depth. A raised kerb would be provided around the curved inner edge onto the garden area with a 21.5m wide drop kerb onto the driveway. The site has been cleared of ornamental rhododendron, brambles and weeds and the applicant has stated in their letter received 8/02/2019 that no trees are to be removed in the formation of the parking area and that they plan to leave a minimum no-dig area of 5 metres between the development and the existing trees. Land beyond the site where the majority of adjacent trees are located is on a graded slope towards Peel Road. As additional information, a Formal Tree Report for the site prepared by Manx Roots Tree Management, dated 13th April 2018, and has been submitted with this application. - 2.2 The parking area would be additional to that provided at the front and side of the building to provide for additional office and visitor parking.

- 3.0 PLANNING HISTORY

3.1 08//01297/A - Approval in Principal granted for the erection of ten dwellings (discharging siting and means of access) - 3.2 00/01655/B - Permitted; Alterations and extensions including demolition of existing porch and single storey office building - 3.3 96/00764/B - Permitted; Demolition of existing east wing extension and rebuilding of the same - 3.4 85/01149/B 0 Permitted; Alterations to convert premises onto private office accommodation.

- 4.0 PLANNING POLICY

4.1 Douglas Local Plan Order 1998. This site is zoned as being in an area for office use in the maps of this document.

4.2 Draft Area Plan for the East. In this document, the site and its wider surroundings tis designated as a mixed use. - 4.3 The Isle of Man Strategic Local Plan 2016: Strategic Policy 1: Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services.

4.4 Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan. This chapter concentrates on the land use implications of business activity, including industry, storage and distribution, office and commercial development, retailing and tourism having regard to these Objectives, the Department has proposed Strategic Economic Policies in Chapter 4 (at paragraph 4.4). In terms of their impact on employment, - 4.5 General Policy 1: The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations. In this way, development will be directed towards suitable or preferred locations and away from unsuitable or undesirable locations. - 4.6 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 water courses;
• (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.

4.7 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.

4.8 Environment Policy 4: Development will not be permitted which would adversely affect: 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; 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.

4.9 Appendix 7 - Parking Standards: out of town offices are required to have one space per 15 sq m of office floorspace.

- 5.0 REPRESENTATIONS

5.1 Highways - No observations received - 5.2 Douglas Borough Council - Letter dated 02/11/2018; No objection - 5.3 DEFA Ecosystem Policy Officer - Email dated 12.11.2018; this application is unclear as to what work the applicants are planning to undertake in regard to the felling and pruning of the trees on the site. Though the Tree Inspection Report has been completed and tree no.1036 has been identified as a priority, it is unclear as to whether any of the recommended tree works are to be implemented. - 5.4 Tree no.1036, which is recommended for removal in the tree report has potential as a bat roost and therefore request that an inspection of bat roosts be undertaken prior to its removal. Further clarification over planned tree works would inform the need to do further bat roost checks. If the other tree work is to be undertaken at some point in the near future it is requested that these trees also be checked for bat roosts. If a survey and checks are not undertaken and, should any evidence of a bat presence should be found during the work, work must stop immediately and a licensed bat worker contacted. - 5.5 Rhododendron is also recorded as being on the site and it is likely to be Rhododendron ponticum. This plant is listed as Schedule 8 of the Wildlife Act 1980 and any developer must not cause this plant to spread in the wild. Therefore its removal from the site is recommended - 5.6 DEFA Arboricultural Officer: The application includes a 'Formal tree Inspection and Report' which recommends a variety of pruning and felling throughout the grounds of this property. None of this, however, appears to be relevant to the development operations which are proposed (unless I have misunderstood). If this application is approved please can it be made clear that the approval relates only to the creation of additional parking and does not apply to all the tree work listed in this report?

- 6.0 ASSESSMENT

6.1 The proposal is seeks to provide for 7 additional parking spaces in the front curtilage to serve staff and visitors to the office building at Burleigh Manor. With dimensions each of 2.5m x 5m deep the parking spaces would be in accordance with the specified requirements of Appendix 7 (Parking Standards) of the Isle of Man Strategic Plan 2016 in this respect and

• would be levelled, tarmacked and line with kerb stones on the edges facing the garden. Highway Services have been consulted but not responded with any comment.
• 6.2 The Ecosystem Policy Officer has commented on this application particularly in respect of the remedial works proposed to trees within the wider site addressed in the Tree Report submitted as an informative to this application. This report is informational only and addresses all the trees within the site and, by way of clarification, the applicants agent has indicated that works to the small area of parking to be created would not involve the removal of any of the existing trees on the site. In addition, a root protection and no-dig area of a minimum of 5m distance in respect of the bases all trees indicated in the report would be maintained. Rhododendron from the corner of the site has already been removed as have weeds and brambles.
• 6.3 The Arboricultural Officer observes that the creation of additional parking does not apply to all the tree work listed in the submitted Tree Report pertaining to the wider site. As such, no trees would be affected by this proposed development with the submitted Tree Report being for information only and pertaining to the condition of trees over the whole site. In particular Tree no. 1036, identified as a potential bat roost, or indeed, any of the other mature trees within the site would not be affected by the proposed development.
• 6.4 Also raised was the potential for Tree no.1036 as a bat roost along with other mature trees within the site. As already indicated no mature trees would be removed as part of this development with the root systems of all trees being in excess of 5 metres distant and protected from the development. Therefore no potential bat roosts would be disturbed and, as such, the proposal would be compliant with Environment Policy 4 in that the proposal would not affect the potential habitats of protected bats species in accordance with the requirements of Schedules 1-8 of the Wildlife Act 1990.

- 7.0 CONCLUSIONS AND RECOMMENDATION

7.1 In terms of parking provision, the proposal would compliant with the requirements of Appendix 7, Parking Standards, of the Isle of Man Strategic Plan 2016. - 7.2 No mature trees would be removed or otherwise affected by the implementation of this development - 7.3 No potential bat roosts would be disturbed. The proposal would be in compliance with Environment Policy 4 in that the proposal would not affect the potential habitats of protected bats species in accordance with the requirements of Schedules 1-8 of the Wildlife Act 1990.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o 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;
• o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case Department of Infrastructure Highway Services and
• o The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless

• otherwise directed by that Order.

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 : Permitted Date: 19.03.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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