3.1 ODC 03.06.13 IN PUBLIC

Minutes of the ordinary meeting of the DISTRICT COMMISSIONERS (focus group Environmental and Technical Services) held in the Boardroom, Willow House, Main Road, Onchan, on Monday 3rd June 2013 at 7.00 p.m.

Present: Mr R. Callister (Chairman) Mr D. Crellin (Lead Member for Environmental and Technical Services) Mrs J. Kelly (Lead Member for Properties and Amenities) Mr J.F.J. Quaye (Lead Member for Finance and General Purpose) Miss K. Williams Mr R. Turton

Apologies: Mr D.A. Scambler (Vice-Chairman) Ms A.S. Dentith (Personal Assistant)

In Attendance: Mr P.M. Hulme (Chief Executive) Mr T.R. Craig (Deputy Clerk) Mr B.T. Price (District Surveyor)

C13/06/01/01 TO CHOOSE A PERSON TO PRESIDE IF THE CHAIRMAN AND VICE-CHAIRMAN BE ABSENT

Not necessary.

C13/06/01/02 BUSINESS REQUIRED TO BE DEALT WITH BY STATUTE BEFORE ANY OTHER BUSINESS

None.

C13/06/01/03 MINUTES

1. Ordinary meeting held on 20th May 2013

The minutes of the public section of the ordinary meeting held on 20th May 2013, copies of which having previously been circulated, were considered. Members noted that Mr Scambler was shown as being in the list of attendees twice, and the second entry was struck out.

Subject to the above amendment, it was proposed by Mr Quaye, seconded by Mrs Kelly, and it was unanimously RESOLVED that the minutes be signed as a correct record of proceedings and were signed by the Chairman.

C13/06/01/04 BUSINESS ARISING NOT REFERRED TO IN THE MINUTES OF ANY SPECIAL COMMITTEES

1. C13/05/03/04(1) - Onchan Park - Playground

A member noted from their visit that the new play equipment at Onchan Park looked very smart and was being very well patronised.

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2. Official Opening of Onchan Park Play Equipment

It was confirmed that the new play equipment would be officially opened on 15th June 2013 at 2 p.m. by the Chairman. Miss Williams extended her apologies as she had a conflicting commitment. The Chief Executive confirmed that a list of activities had been agreed and was being progressed to accompany the opening, and that there would be advertising in the local press and on the radio.

Following brief discussion, on the proposal of Mr Quaye, seconded by Mrs Kelly, it was RESOLVED that the budget for the additional attractions be £310.

For : Mr Crellin, Mrs Kelly, Mr Quaye and Mr Callister Against : Mr Turton, Miss Williams

3. Property Management

The Chairman advised members that he had had a meeting with Mr David McNeil of DeanWood and would report further In Committee.

C13/06/01/05 BUSINESS ADJOURNED FROM A PREVIOUS MEETING

None.

C13/06/01/06 BUSINESS EXPRESSLY REQUIRED BY STATUTE TO BE DONE

None.

C13/06/01/07 PLANNING DECISIONS/COMMUNICATIONS FROM THE DEPARTMENT OF LOCAL GOVERNMENT AND THE ENVIRONMENT PLANNING COMMITTEE

1. Plans to the Board

(a) The following plans were considered by the Board. It was proposed by Mr Crellin, seconded by Mr Quaye and unanimously RESOLVED that the following planning applications be recommended for approval:-

PA 13/00544 14 Windermere Avenue Proposed single storey utility room extension to the rear of the property. Does not overlook neighbouring properties. PA 13/00567 36 King Edward Park Proposed amendments to previously approved application altering window design and balustrading. The principle design remains unchanged. PA 13/00574 8 Whitebridge Road Proposed single storey sun lounge to the rear of the property. Does not overlook neighbouring properties. PA 13/00580 27 Birch Hill Crescent Retrospective application for the removal of a chimney stack. PA 13/00583 1 Strathallan Park Proposed extension to the side of the property filling in the current gap between the dwelling and the garage. The ground floor is a breakfast room with a

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new master bedroom in the roof space over. PA 13/00593 Cliff Cottage, Carrs Application for approval in principle for the erection Lane, Tromode of two dwellings on the site. There is a previous approval for this development which is coming to the end of its approval limit. PA 13/00599 39 Seafield Crescent Proposed replacement conservatory roof with lightweight tiled panels

(b) The following plans were considered by the Board.

(i) PA 13/00534, 145 & 147 Royal Avenue, Proposed demolition of existing buildings and replacement with a two storey block of four one bedroom apartments with associated car parking. This is a resubmission of a previously refused application addressing the reasons for refusal. ODC previous recommendation Approval.

The above application was discussed by the Board, and the District Surveyor gave an update on the parking provision with reference to flats. A member registered their concern that there did not appear to be sufficient parking for the proposed development.

It was proposed by Mr Crellin, seconded by Mr Quaye and RESOLVED that PA 13/00534, 145 & 147 Royal Avenue, be recommended for approval.

For : Mr Callister, Mr Crellin, Mr Quaye, Mr Turton, Miss Williams Against : Mrs Kelly

(ii) PA 13/00575, Former Follies Site, Harbour Road – Proposed redevelopment of the site into housing estate of 18 dwellings with associated roads and sewers. First Time Buyer Scheme.

Members considered the above application, and during discussion, the District Surveyor confirmed that there were drives provided with each of the properties and the access roads would be 4.8 metres in width. Members expressed a concern that the development appeared over-intensive, and the District Surveyor confirmed that while it was dense it maximised the use of the site. In answer to question, the District Surveyor confirmed that there had been 1 letter of objection from a nearby resident.

Following further discussion, it was proposed by Mr Crellin, seconded by Mr Quaye, and RESOLVED that PA 13/00575, Former Follies Site, Harbour Road be recommended for approval.

For : Mr Crellin, Mr Quaye, Mr Turton, Mrs Kelly, Miss Williams Against : Mr Callister

(iii) Lanjaghan Farm

The Chairman declared an interest in planning applications 13/00546 and 13/00547, and took no part in the discussion. In the absence of the Chairman it was unanimously agreed that the Chair be taken by Mr Crellin as Lead Member for Environmental and Technical Services.

PA 13/00546, Lanjaghan View, Abbeylands – Application for approval in principle to replace an existing dwelling with a new 20,000ft2 dwelling and provide a new access road to it.

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The Chairman reminded members that they were considering an application in principle in this instance, and discussion took place during which it was established that members would have a further opportunity to consider the detailed application for this site at a later date. It was noted by members that a number of them had received 3 letters expressing concerns of existing residents regarding access and traffic flow on a country road. Following discussion, members noted that there was nothing in the application confirming that the proposed development met the criteria of Housing Policy 12 of the Strategic Plan, and were advised by the District Surveyor that the lack of information could form grounds to recommend refusal of the application.

On the proposal of Mr Crellin, seconded by Mrs Kelly, it was unanimously RESOLVED by the remaining members that PA 13/00546 Lanjaghan View, Abbeylands be recommended for REFUSAL on the basis that there was no evidence to support the development meeting the criteria of Housing Policy 12 of the Isle of Man Strategic Plan.

PA 13/00547, Lanjaghan Farm, Lanjaghan Road, Abbeylands – Proposed redevelopment of existing farm complex.

The District Surveyor advised:-

The existing stone farm buildings are to be refurbished into 12 tourist flats with associated leisure facilities including a gym and spa. On a currently undeveloped area of the farm it is proposed to develop a new farm complex comprising of an agricultural farmworkers dwelling, two large sheep barns and other associated barns. Housing Policy 11 states:- “Conversion of existing rural buildings into dwellings may be permitted, but only where: (a) Redundancy for the original use can be established; (b) The building is substantially intact and structurally capable of renovation; (c) The building is of architectural, historic, or social interest; (d) The building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building; (e) Residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; and (f) The building is or can be provided with satisfactory services without unreasonable public expenditure.

Such conversion must: (a) Where practicable and desirable, re-establish the original appearance of the building; and (b) Use the same materials as those in the existing building.

Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form.

Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character.”

From the detail submitted to support the application it is indicated that the current buildings no longer meet the needs of modern sheep farming. However they are suitable for renovation. It is argued that ‘the reuse of the buildings will bring tourism and additional business to the locality which will help rejuvenate their surroundings and benefit the local area.’

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As for the ‘new’ farm complex Housing Police 7 states:- ”New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated.”

This application deliberately excludes the current farmhouse from the application site (see PA 13/00564). There is no evidence submitted to justify an additional farmworkers dwelling. It could therefore be assessed that this proposal constitutes a new dwelling in the countryside contrary to the policies of both the Local and Strategic Plans.

(i) Part of the application includes amendments to the length of Abbeylands Road to improve traffic flows.

Members considered the plans displayed by the District Surveyor, and noted the concerns in his report. During discussion, it was established that the Department of Infrastructure Highways Division had expressed a view that the road widening works were acceptable but must be done before any of the main development work is commenced on the farm site. Members again expressed their concerns regarding the increased traffic that the new development was likely to produce. In answer to question, the District Surveyor advised that the roadworks may be either done by a contractor or the Department of Infrastructure but paid for by the developer. Members also expressed a concern regarding the alterations to a number of hedges owned by third parties for which permission has yet to be sought.

Members also noted that there was no evidence submitted with the application to support the implication of lack of tourist accommodation within the district and that while the creation of a new farm was proposed, the existing buildings appear to be suitable for upgrade and renovation.

In summary, the District Surveyor advised that the application for a new farm complex appeared to be unjustified at present as the current farm and house could be refurbished, that the adjustments to the service road together with the approval of third parties whose hedges are affected had not been obtained, and that there was no supporting evidence of a tourist need for the development.

On the proposal of Mr Crellin, seconded by Mrs Kelly, it was unanimously RESOLVED by the remaining members that PA 13/00547, Lanjaghan Farm, Lanjaghan Road, Abbeylands be recommended REFUSAL on the basis that :

(i) The application for new farm complex is unjustified (ii) The relevant approvals for all the highway modifications have not been obtained (iii) There is no evidence of an extant tourist need.

Chair of the meeting was passed back to Mr Callister.

2. The District Surveyor advised members of the following decisions received from the planning authority:

(a) PA 13/00379/B, 33 Howe Road - Alterations and extensions.

Mr Quaye declared an interest.

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The District Surveyor advised that members had recommended refusal, however the planning decision was for approval. The District Surveyor advised members that he was unable to find reason to appeal the decision. Members agreed not to progress the matter further.

(b) PA 12/01513/B, 45 Seacliff Road - Alterations and extensions to the dwelling.

The District Surveyor advised that the Board had recommended refusal, and that the planning decision was for approval. This matter had been taken to appeal, and the planning committee had endorsed the approval.

(c) PA 12/01357/B, 46 Seacliff Road - Alterations, erection of extension and installation of replacement windows to dwelling.

The District Surveyor advised members that their recommendation had been to refuse this application, while the planning authority had granted approval. The decision was appealed, and the planning committee endorsed the decision to approve the application.

The District Surveyor was thanked for his attendance and left the meeting.

C13/06/01/08 REPORT FROM THE CLERK OR OTHER OFFICER

1. C13/05/03/08(1) – Housing Review

The Deputy Clerk advised members that he had received details of the presentation given by Mr David Tolson to the Housing Authorities on 23rd May 2013, which he had been unable to attend as he was on leave, and circulated the information to members. The Deputy Clerk also advised members that he had been contacted by the Clerk to Braddan Parish Commissioners who had been at the meeting, and had been asked by the Department of Social Care to arrange a meeting with all Authority members who may constitute the central divisional housing authority. He advised members that due to the limited amount of time that Mr Tolson would be on the Island in the following week there were only daytime meetings on either the 10th or 11th June proposed or an evening meeting on Monday 10th June. He had already advised the Department that the majority of Commissioners were working during the day and it was a matter for them whether they wished to remit their normal meeting of Monday 10th June and attend the discussions with the Tolson Partnership.

During discussion, members felt that the Onchan MHKs should also be invited to attend the meeting, and the Clerk was asked to arrange the invitation. The Deputy Clerk was asked to notify the other attending authorities that Onchan would be inviting MHKs for the District.

On the proposal of Mr Callister, seconded by Mrs Kelly, it was unanimously RESOLVED that the business of the Board meeting of 10th June 2013 be remitted to the Board meeting of the 17th June 2013, and that members would attend the meeting with the Tolson Partnership at a venue to be arranged.

C13/06/01/09 LETTERS, PETITIONS, MEMORIALS AND OTHER COMMUNICATIONS

1. Letter from Hon. MHK dated 20th May 2013

The Chief Executive advised members that the Minister was still resisting a joint meeting between the Authority, Onchan MHKs and members of his department. In brief discussion, members agreed that it was important to meet with the area MHKs and to resist being split.

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On the proposal of Mrs Kelly, seconded by Mr Crellin, it was unanimously RESOLVED that the Chief Executive write to the Onchan MHKs inviting them to a meeting from 6.30 p.m. on Monday 24th June 2013, and that he write to Mr Robertshaw as Minister for the Department of Social Care, inviting him to join the meeting from 7.30 p.m..

2. Peel Town Commissioners – Civic Sunday

Noted.

3. Borough of Douglas – Civic Sunday – 9th June 2013

The Chairman indicated that he and his wife would attend. Mr Turton and Mr Crellin also indicated their attendance.

4. Letter from Mr Peter Karran dated 13th May 2013 – Kenyons Café (44 Main Road)

Members noted the content of Mr Karran’s letter and agreed that the discussion would take place In Committee.

Transferred from the In Committee minutes of 3rd June 2013 :

Members noted the comments in Mr Karran’s letter of 13th May 2013 relating to the original reasons for the acquisition of the property. However, members also noted that there was an existing resolution of the Board that the property be sold.

In discussion, it was noted that the property is in need of money being spent upon it, while a member expressed the opinion that it should not be lost without having something else available. Following further brief discussion, the Chief Executive was instructed to write back to Mr Karran indicating that it is still the Board’s wish to dispose of the property, but they have offered the Youth Service alternative venues.

5. Eastern Civic Amenity Site – Minutes

Members received and noted the minutes of the Eastern Civic Amenity Site Joint Committee for their meeting of Monday 18th March 2013.

C13/06/01/10 QUESTIONS

None.

C13/06/01/11 MOTIONS

None.

C13/06/01/12 CHAIRMAN’S ANNOUNCEMENTS

1. Attendances

23rd May – Attended IOM Municipal Association Annual Dinner 26th May – Manx Radio – Politics Programme

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2. Dates for the Diary

4th June – Onchan Park – International Vintage Motorcycle Club – Rally and Concourse Afternoon 9th June – Borough of Douglas – Civic Sunday, St Thomas’ Church

C13/06/01/13 OTHER BUSINESS

1. TT 2014

Members noted that the Vice Chairman was unable to attend meetings during TT week due to other work commitments, and a brief discussion ensued regarding alternative provisions. It was noted that during this particular meeting the road noise from passing traffic had been particularly bad even though all the windows were closed. It was agreed that the matter should be considered nearer the date.

2. Refuse Collections

The Chairman indicated that a notice had appeared in the press regarding collection of bins in the Douglas area, and understood that it was as a result of the fatal accident involving a refuse vehicle in the West of the Island during the last TT. The Deputy Clerk advised on behalf of the District Surveyor that Onchan collections were still being made during TT week and that the guidance issued by the Department of Infrastructure together with that of our own safety representatives was being adhered to. For those residences actually on the TT course, there would be no collection during TT week and they had been given additional bins to contain the extra refuse.

3. Hearing Solutions

A member advised that he had attended the opening of new premises for the above company at the Summerhill roundabout and noted that the owner was keen to restart the Onchan Traders Association. The Chief Executive was asked to write a supporting letter.

4. Main Road Traffic Lights

Members noted recent comment in the press and on the internet regarding changes being made to the sequencing of the traffic lights, and the Chief Executive advised that there did seem to be a slight easing of the traffic flow problems. A member noted that the problems involving use of the pelican crossings had not improved.

6. Onchan Endowment Fund

Mrs Kelly expressed the thanks of the Onchan Endowment Fund for the donation from the Commissioners of the collection made at the Civic Sunday service.

There being no further public business the meeting terminated at 8.30 p.m. and the Board moved into Committee.

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