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planning and building control bun-troggalys - planal as gurneil troggal
Please reply to the signatory Our Ref: 15/00353/B Your Ref:
Tel: (01624) 685910 Fax: (01624) 686443 Email: Director of Planning & Building Control Michael Gallagher, M.R.T.P.I. 25th April 2015
Mr. A. Johnstone, Planning Appeals Secretary, Chief Secretary's Office, Government Offices, Buck's Road, Douglas, IM1 3PN.
Dear Mr Johnstone
Application No: 15/00353/B Proposal: Replacement of existing sod hedge with a Manx stone wall Address: Hilltop Nurseries Stephenson Way Roundabout Vicarage Road Douglas Isle Of Man IM4 2AE
The abovementioned application site is either owned and maintained by the Department of Infrastructure of which Planning and Building Control is part, or is one in which the Department may hold a 'perceived interest'. Therefore section 10(1)(b) of the Town and Country Planning (Development Procedure)(No2) Order 2013 sets down that the application cannot be considered by the Planning Committee OR an Officer of the Department but must be referred to the Council of Ministers.
A statement from Planning and Building Control is herewith enclosed which seeks to advise Council of the policy and status and assist in the drafting of any conditions and reasons to attach to any approval that may be forthcoming.
Yours sincerely,
Miss S.E. Corlett Senior Planning Officer
Department of Infrastructure, Planning & Building Control, Murray House, Mount Havelock, Douglas Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950
Baillys Ellan Vannin
Replacement of existing sod hedge with a Manx stone wall
Hilltop Nurseries Stephenson Way Roundabout Vicarage Road Douglas Isle Of Man IM4 2AE
PA Reference 15/00353/B
1.1 The site is a strip of land which marks the edge of a parcel of land which lies on the northern side of Vicarage Road partly around the roundabout which marks the meeting of Stevenson Way and Vicarage Road. The boundary is currently formed by a hedge which is around 2m in height and formed by grass sods with areas of naturalised brambles and periwinkle which have colonised the hedge since its construction as part of the Vicarage Road improvement scheme which was undertaken in the early 2000s under the provisions of PA 01/00878/B which was approved on Appeal (see attached report).
1.2 The site abuts a parcel of land which was formerly a nursery but which is now open land which does not appear to be actively used and is designated on the Braddan Local Plan as Agricultural Open Space with a strip of Woodland to the rear of the site.
1.3 Vicarage Road is characterised by a mixture of hedges and stone walls. The hedges are of a variety of heights and forms, some low and some, like that abutting the application site, are higher. Many were formed after the realignment of Vicarage Road and some have become naturalised more quickly than others with some still appearing patchy where the turf has not taken as successfully as in other areas.
2.1 Proposed is the removal of the sod hedge and its replacement with a stone wall of similar height and position but reduced width - 500mm compared with the hedge which is 2m wide at its base. The drawings submitted include a typical section which purports to be at 1:100 but is 1:50. The new wall will be 1.8m with Manx stone facing with upturned stone on the top as a capping.
2.2 The applicant explains that since its construction, the hedge has failed in areas and collapsed in others with continued erosion despite works to try to remedy this. The owner of the site including both the boundary and the land to the rear has been in dispute with the Department regarding this and the two parties have agreed that the acceptable way forward is for the hedge to be replaced with a stone wall along its length including the access in to the site which will have 2m high stone pillars on each side.
2.3 The applicant has been advised that the site may provide a habitat for lizards, although none has been observed here and intends to undertake a survey during April/May this year and if any lizards are found they can be relocated to a suitable habitat nearby. If any are found they will be relocated before any work commences.
3.1 As stated above, the site is designated as Agricultural Open Space on the Braddan Local Plan of 1991 which also suggests that land which is not designated for development should be considered as of High Landscape Value and Scenic Significance. As such the appropriate policies to be applied to this are Environment Policies 1 and 2:
3.2 Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
3.3 Environment Policy 2: "The present system of landscape classification of Areas of High Landscape of Coastal Value and Scenic Significance (AHLV's) as shown on the 1982
Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce difference categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
a) the development would not harm the character and quality of the landscape; or b) the location for the development is essential."
3.4 General Policy 3 sets out exceptions to the presumption against development in undesignated areas as follows:
" Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10) b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14) e) location-dependant development in connection with the working of minerals or the provision of necessary services; f) building and engineering operations which are essential for the conduct of agriculture or forestry g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
3.5 Environment Policy 4 states "Development will not be permitted which would adversely affect:
a) species and habitats of international importance: i) protected species or international importance or their habitats; or ii) proposed or designated Ramsar or Emerald Sites or other internationally important sites.
b) species and habitats or national importance: i) protected species of national importance or their habitats; 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 or 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."
4.1 Planning approval was granted for the road improvement scheme under PA 01/00878/B which also provided the roundabout alongside the site. Other relevant applications include the ones for the development of the site which is bounded by the current application site - PAs 11/00346/B, 00/02399/A and 91/04028/A all refused (see attached appeal decision).
5.1 Braddan Parish Commissioners indicate that they do not oppose the application.
6.1 As the Department has a direct interest in this proposal, and the Planning Office is currently part of the same Department, it is not appropriate for the Planning Officer's report to make a recommendation. The issues in this case are whether the proposed wall would have a satisfactory visual impact on the amenities of the area and secondly whether there would be an impact on lizards, which are protected under the terms of the Wildlife Act 1990, which would justify a refusal of the application.
7.1 If the application is approved, it would be appropriate, aside from the standard conditions which require that the development is commenced within four years, to require that a method statement is in place to deal with any lizards found including the identification of the receptor site, all of which should be prepared in consultation with Department of Environment, Food and Agriculture who administer the Wildlife Act.
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