RUSHEN PARISH COMMISSIONERS
Annual General Meeting held 7pm Wed. 9th May 2012 at Ballafesson Hall.
Present: Mr D Cain (retiring Chairman), Mr P Vernon (retiring Vice-Chairman) Mr P Gunn, Mr D Radcliffe, Mr S Pilling – newly elected Member (arrived 7 15pm)
Mr A Tinkler At 7 50pm Mr Adrian Tinkler, former Member of the Board who did not stand for re-election, attended the Meeting at the invitation of the Chairman. He was presented with a copy of the historic map of the parish of Rushen. Mr Cain said that this was to mark his retirement after 11 years as a Member and was in appreciation of all that he had done whilst on the Board. Mr Tinkler thanked the Members for this gesture and thanked them all for their help and support over the years. He had enjoyed his time, in the main, and wished them the best of luck for the future
1. NEW BOARD - DECLARATION OF ACCEPTANCE OF OFFICE. All Members read out the Declaration of Acceptance of Office before the Clerk :- “I … having duly been elected to the Office of a Member of the Commissioners of the Parish District of Rushen hereby declare that I take that office upon myself and will duly and faithfully fulfil the duties of it according to the best of my judgement and ability” dated 9th day of May 2012. “ This was duly signed by the Clerk. All Members were presented with their Certificate of Election.
The Minutes of the Meeting held Wednesday 18th April 2012, having previously been circulated, were taken as read and agreed a true record.
3. ELECTION OF OFFICERS FOR THE FORTHCOMNG MUNICIPAL YEAR.
Mr Cain, retiring Chairman thanked all the Members, including Mr Tinkler and the Clerk for all their help to him throughout his term as Chairman.
It was usual to elect the retiring Vice-Chairman as Chairman but Mr Vernon said that he was willing to stand but would be off the island for about two months and would therefore miss the September and October meetings.
CHAIRMAN – Mr Peter Vernon was proposed as Chairman by Mr Gunn and seconded by Mr Radcliffe. All agreed
VICE-CHAIRMAN – Mr Peter Gunn was proposed by Mr Cain and seconded by Mr Radcliffe. All agreed.
Mr Vernon then took the Chair.
4. ELECTION TO VARIOUS BOARDS/COMMITTEES
a) Southern Civic Amenity Site Board. Not due for election until 2013. (D. Cain)
b) Swimming Pool Board. Not due for election until 2013. (D Radcliffe)
c) Marashen Crescent Elderly Persons Housing Board. Not due for election until 2013. (D Radcliffe)
d) Municipal Association. Mr Peter Gunn said he was happy to continue in this position. All agreed.
e) Southern Healthcare Committee. Mr Peter Vernon to remain on this. All agreed.
f) Rushen Ambulance Committee. Mr Stanley Pilling was proposed by Mr Cain and seconded by Mr Gunn. All agreed.
g) Ballakilley Working Party. Mr Peter Gunn and Mr David Radcliffe were to remain for continuity
h) Allotments Committee. Mr David Radcliffe agreed to stay on this.
5. MATTERS ARISING:
a) DoI/Local Authority Issues
ELECTION. This was the first meeting of the four year term for the new Board.
Members’ Declaration of Interests. The Record of Interests was on the table for any updates. Mr Pilling was to email his declaration to the Clerk for inserting in the book.
Member of the House of Keys for Local Authorities – Mr Richard Ronan MHK had previously asked to meet with all the Local Authorities.
A letter was received from him dated 25th April informing all the Southern Local Authorities that the DOI had arranged a meeting with them at 2 30pm on Monday 14th May at Colby Methodist Hall. ‘The intention of these meetings is to provide Local Authorities with the opportunity to express their views on the current structure of local government and to generate ideas on how we can go about tackling the future challenges that we face.’ Mr Ronan was to be accompanied by Ken Kneale and Amanda Craig who are both representing the Department of infrastructure. Names of those attending to be sent by 8th May.
The Clerk had written to Mr Ronan and the Department suggesting that an evening meeting would be preferable as most Members of LAs work and they would need to get time off.
Reply received from Mr Ronan: ….. ‘I fully understand the work commitments of Local Authority Members, but I believe that when you commit to being a Member of a Local Authority you are aware of the responsibilities that come with the job and of the expectation to attend meetings; very few of these are during the daytime. To that end, it would be very much appreciated if you could convey to your Members the importance of their attending this meeting, particularly as these initial discussions will focus on the structure of local government, and your Members view on this will be important in providing an insight into your Authority’s thoughts on how local government should look in the future. As you will be well aware, I have been tasked with the responsibility of Local Government Reform within the Department of Infrastructure, and I am fully committed to engage with all the Island’s 24 Local Authorities in this process to enable us all to retain a strong and sustainable structure of Local Government, one which truly acts as a workable first tier of our Island’s Government. Our reasoning in arranging for this meeting to take place during the day is to provide the opportunity for more in-depth discussions to be carried out, which I feel will not be possible to do were we to hold a shorter evening session. I understand that not all of your Members may be able to attend due to work commitments, however, it would be much appreciated if a few could make arrangements to set aside some time in the afternoon to enable them to attend the meeting.’ Richard Ronan MHK, Member with responsibility for Local Authorities.
Not all Members could be certain of attending but Mr Gunn, Mr Pilling and the Clerk said that they would attend. Mr Cain said that he may be able to.
Training for New Members – email from Local government Unit (forwarded to Members 1/5) reminding Members that it is the Local Authorities responsibility to ensure that new Members are provided with adequate induction training on the functions and workings of their respective Authority.
The updated Scope and Structure of the Government of the Isle of Man had been published and could be found on the Government Website on the Chief Secretary’s page. The Clerk would make copies for Members.
b) Southern Area Plan -
Ballakilley Working Party. Port Erin Commissioners’ representatives were notified as being Mr G Power and Mr N Watterson.
c) Waste Management and Refuse Collection
Jones Services – nothing at present.
Commercial refuse – nothing at present.
Bad debts – Mr Turner. Mr Gunn was to look into the way to take this to the Small Claims Court.
Bring Banks – The Clerk had received a call that the bottle bank at Croit-e-Caley was, yet again, full and overflowing. She contacted DoI – Waste Management to let them know. They said that their two lorries were off the road at the moment – one for service and the other for repairs. The Contractor who carries out the work uses the DoI vehicles. She was told that Manx Waste Solutions would deal with it this week. She put a notice on the bin stating that it should not be used until it was emptied and no glass was to be left in bags on boxes.
Ballagawne Road lighting upgrading scheme - trees not trimmed back yet.
Light at the bottom of Mount Gawne road. There had been a replacement light put on that pole. Mrs McIntosh contacted the Clerk on Monday to complain that it was far too bright and was affecting her sleep. The Clerk had looked at it on Monday night at 10pm and it didn’t seem to be shining as far as her house. However, it was badly affecting the little bungalow on the corner – which is a holiday home.
The MEA were to be asked what size bulb was now in it and could a smaller one be put in.
Light RN017 Opposite Viking Hill. Reported to Clerk that it was not working. She informed MEA who said that the fitting was at least 25 years old and they no longer stocked spares. It also required re-wiring to current specifications/regulations. The light was temporarily working but they were not sure how long it would do so. They recommended that the fitting be replaced which was estimated at £390 pus vat.
It was agreed that this should be left at present but, should it fail again, instructions were to be given for its replacement.
e) High Hedges – Nothing at present.
Roundels – Ballafesson Road and Croit-e-Caley. This was be brought up at the next Traffic Meeting. However, even though RPC had been informed that there would be no roundels put there they had appeared on 2nd May. Hugo Mackenzie subsequently informed the Clerk that they must have been on a list to be done and not cancelled. Mr Radcliffe thought that they had been put in the wrong place and that they should have been nearer the Barracks end of the road. He felt that Highways had not taken any notice of what the Board had said.
Ballafesson Road needed re-evaluating as there had been near-accidents there due to cars going too fast; the road from the junction to the Chapel also needed re-evaluating as there had been accidents there due to the white line needing moving over to take into account the parked cars. Mr Pilling provided a drawing of what he thought should be done to alleviate the problems.
Plantation Hill. – Danger to pedestrians, etc on hill. Nothing further.
Civic Amenity Site lines..
The Level/Croit-e-Caley. Nothing further.
Glen Chass – sharp corner & turning circle. Cul de Sac sign. Mr Cain reported that this was not done.
Cregneash – safety of pedestrians coming to and from the car park to look at the Folk Museum. Nothing at present as the car park was still being used by the Contractors making the new car park surface at the sound Café.
Ballakillowey Road (pavement requested). The Clerk had contacted Jim Davidson of DoI. He agreed that the provision of a footway from Bradda View up to Ballakillowey Estate would benefit the local community. He had briefly looked at the current situation and had noticed the footway coming out from Bradda View ends abruptly at the hedge of an adjacent boundary. Extending the footway would require the acquisition of garden land from five properties fronting Ballakillowey Road. From his recent experience of being involved in the acquisition of this type of land near Douglas, he thought that the landowners fronting Ballakillowey Road would not be willing sellers. The ‘market value’ of garden land was relatively high so unless the land could be gifted to the Department, they could not justify the expense, let alone the cost of constructing the footway. Unfortunately, it was unlikely that the Department would have the budget for such works especially when their limited funds were already earmarked for other highway safety related projects.
Members felt that the road looked wide enough without going into the hedge. If the verge was cleaned back there should be plenty of room.
The next meeting would be on 26th June. Members to let the Clerk know if they would like anything put on the Agenda.
h) Litter, beach cleans, dog fouling, etc
Dog bins – Mount Gawne Road, Ballakilpheric, Truggan Road, Cregneash/Ballnahowe Road. Mr Radcliffe had the jubilee clips and would let the Clerk have them so that Mr Booth could put the bins where required.
Litter bin – Surby. Mr Radcliffe was to install this where he thought best.
Signs – Workshop for the Disabled. Signs re dog fouling. Mr Pilling supplied information which he had printed off from various web sites. These showed a number of different signs which are used elsewhere. He felt that RPC should be more proactive with regard to dog fouling. The Clerk would go to the Workshop for the Disabled and see what signs they produce and what they could do if requested.
Beach Cleans – Colby Methodist Chapel. The Clerk was to contact them to see when they would be cleaning the beach and to check on their insurance as they had not got back to her.
h) Playing field, Howe Car Park.
Swing & matting. Mr Cain had collected the second-hand matting and the swing and matting would be erected soon.
Car Park, the Howe. Nothing at present.
Footpath from Ballakillowey to Carrick Bay View – to be left on the Agenda.
j) Web Site.
Mr Vernon had spoken to Nick Thornley and he was to update the site. Mr Vernon would also put an item on regarding dog fouling.
k) Southern Civic Amenity Site.
Email from the Clerk – copied to Members. Mr Cain said that there had been no meeting in April. The current Chairman, Mr Bennett, had lost his seat at the Election for Port Erin Commissioners. Mr Cain said that he was sorry to see this as Mr Bennett had been a very good Chairman.and helpful to their Clerk. The new one would be elected at the next meeting, which would be the last Thursday in May.
l) Municipal Association
The Municipal Association AGM - 24th May at the Glen Helen Hotel 7pm for 7 30. Cost – £19.45 per person – to be paid before 15th May. Mr Gunn, Mr Cain and Mrs Kelly to attend.
m) Southern Swimming Pool
Mr Radcliffe said that there was nothing to report.
n) Allotments nothing further. There had been no meetings of the ‘overseeing’ Committee.
o) Southern Healthcare Committee Nothing at present.
p) Rushen Ambulance Nothing at present.
q) MNH (consultation on John Donald Collister Bequest – dealt with later in meeting)
r) Risk Assessment nothing at present.
s) Land in front of Hillcrest, Cregneash Nothing at present.
Pic-nic Site, Ballakillowey. See ‘Grass Cutting’
t) Golden Jubilee Trust Nothing further.
u) Unsightly buildings and land
From Environmental Health – Building Control (Amendment) Act 2011 – Dangerous &Ruinous Buildings. (forwarded to Members 3/5). Noted.
v) Croit-e-Caley Green – bench and tree.
Stone. Mr Cain had called at Pooilvaaaish Ltd to ask whether the stone was ready. It was confirmed that it had been cut but still required gilding.
w) Agricultural Rating To be kept on the Agenda.
x) Grass Cutting
Sloc Picnic Area. The Clerk had finally got hold of someone from DoI re RPC taking on responsibility for keeping the grass cut and tidy. Bill Corlett of Highways rang her back. She told him that she needed to talk to someone with regard to what liabilities, etc there would be if RPC took on the cutting. He said that they already had arrangements with some Local Authorities whereby they cut DoI areas and DoI re-imburse them a certain amount. DoI would only pay for 4 cuts a year (if RPC wanted to do any more they would have to pay for it) and it would depend on the price. The Clerk was to meet with Mr Booth on site and discuss a price – possibly for 2 cuts a year for the whole site and more frequently for round the tables and then write to DoI with a price for four cuts.
z) Newsletters no further feedback.
Aa) Disaster Recovery Plan
Ab) Ballagawne Road – bus shelter.
The fence had not been put up yet.
Ballachurry Bus Shelter The Clerk had contacted Mr Holohan, who had been recommended by Bus Vannin, and asked him to take a look at it and give a price. This had been received – copied to Members7/5. Windbreak 1.25 metres wide with solid base panel below and a seat perch the full length of the shelter. £430 + vat. It was not clear whether this would include the sheet of glass which had been quoted at £70 by Bus Vannin
Ballagawne Road stop – Mr Holohan had quoted £280 + vat to raise the bus shelter base to the required height. It had been agreed that there was no need for a bus shelter to be put there and that raising the height of the new concrete was not required at present.
Ac) Hedge at Garthcote & others.
Garthcote – nothing back.
ad) consultation – Draft Planning Policy Statement – Replacement and extension of Dwellings in the Countryside.
Nothing further on this.
Ae) Castletown Commissoners – sharing services. To be left at present.
Af) Zero rated properties The Clerk recommended that this be left on the Agenda to remind everyone to check on whether zero rated properties become inhabited. It was the responsibility of the Local Authority to inform the Rates Division with this regard.
ag) Planning Committee Meetings
Letter from Director of Planning: ‘Following on from my letter of 14th November 2011 and the recent Elections, I am writing to establish whether you wish to identify a new or confirm your Lead Member responsible for Planning. This would then enable the Department to engage in a more targeted dialogue in planning matters directly with Local Authority Members. In this respect Mr Quayle our chairman is keen to extend an invite to identified Local Authority Lead Members to regularly attend and observe meetings of the Planning Committee at which planning applications in their area are being considered.’
It was agreed that Lead Members would be Mr Radcliffe and the Clerk. Mr Radcliffe had indicated previously that he would be interested in attending if there were any contentious plans in Rushen before the Committee.
am) List of past Chairman. Nothing further on this at present. Mr Vernon was to put the list on the web site and the Clerk asked if he could put a request out to see if anyone knew the whereabouts of the missing Minute Books.
an) Memorial to wartime plane crash. –
Memorial plaque and indicator plaque – invoice received: Memorial plaque was £450 plus £100 for fitting and the indicator plaque was £100 including fitting – total of £650 plus £130 vat.
Catering – invoice received for £200 – being 40 people at £5 per head.
Trailer – the £100 deposit hasn’t been returned yet but was expected to be paid.
Howe Chapel – letter from Mrs S Shimmin thanking RPC for the cheque for £100. The Members of the Chapel enjoyed being involved with the Commissioners in their remembrance of the lives lost in 1945. Also best wishes to the Commissioners as they begin a new term of office,
Letter of thanks from Michael Schleich from Washington. He is a second cousin of Collins Liersch who was co-pilot of Combined Operations. He wanted to formerly thank Rushen Parish Commissioners for their most kind gesture of establishing a memorial to the flight. He had come to the Island on 4th April with his wife and daughter so he missed seeing the plaque. Ivor Ramsden from MAPS had sent him some photos and the Clerk had emailed him the accounts of the memories of the people who she had spoken to. He was very pleased with them.
War Memorial Committee – the forms could now be completed as the Memorial had been completed and fitted..
ao) Her Majesty The Queen’s Diamond Jubilee Celebrations 2012.
.Stanley Clucas CP. The Clerk had attended the meeting on 3rd April. The next one would be on Thursday 10th May.
She was to get funding for the Bouncy Castle – from Britannia International but they had been unable to help. She was to write to other business but \asked that if she had no success would the Thousla Trust put up the money. This was agreed as, if there were profits, it could be re-imbursed. The Clerk had also written to IOM Steam Packet and the Airlines for sponsorship for the lucky ticket, etc. The Steam Packet had kindly given a travel voucher for a car and 2 people.
Mr Clucas had indicated that he would like to know what the children’s sports would be – how many races etc as the Committee may get cheap medals for winners. He would also like children’s groups to put on a small concert – say 5 minutes per group – they would have to be contacted regarding this. Mr Cain, who would be running the sports, said that there would be pre-school, under 6, under 8, under 10 and four categories – running, skipping, sack race, obstacles. He said that he didn’t think that medals would be appreciated – sweets and chocolates were always a good prize as all the children would get something.
Mr Vernon, who was in charge of music and entertainment indicated that they had been unable to get either Rushen or Castletown Bands to play. With regard to the PA system – Mark Cowin, of Port Erin Commissioners could provide this but he would want to be paid.
ap) Housing Conference 2012.
The Clerk had completed and sent in the Questionnaire online.
ad) Mobile Library. Nothing further.
ae) consultation – Planning Policy Statement – Planning and the Economy.
Mr Radcliffe had put the responses together and it has been circulated for views. It had subsequently been sent in. Thanks were given to him for putting this together.
af) Boundary Review Committee
The Clerk had sent in RPC’s views.
RESPONSIBLE FINANCE OFFICER’S REPORT.
This is available in the complete Minutes of the Public Meeting at the Office of the Commissioners.
10. AUDIT OF ACCOUNTS –
Letter received from Mr E Lowey MLC, Chairman of the Audit and VFM Committee – through the office of the Chief Internal Auditor. (copy given to all Members). :-
‘Accounts production and the Public Auditors. I am sure that you will agree that in order to ensure confidence in the financial management of organisations in your sector it is vitally important that the accounts are produced and audited in line with the statutory requirements. Due to a greater amount of effort of all those involved with the preparation of the accounts, the public auditors and increased enforcement action by the Treasury, we are gradually reaching a position where we can say with confidence that the financial reporting is up to date. I acknowledge the efforts made by all those involved but I do recognise that we need to continually review how we do things. As you are aware the public auditors (PKF (Isle of Man) LLC) were appointed by Treasury for a period of three years from 1st April 2009 with an option to extend for a further two years from 31st March 2012. In order to assess the performance of PKF you will recall that a questionnaire was sent to you by the Chief Internal Auditor. There was a reasonable response rate of 53% and I would like to thank those who responded as this information is invaluable. I can only assume that those who did not respond are content with the existing arrangements. If this is not the case I would encourage you to respond next time. The result of the survey are shown below: (on enclosed copy)…………………… I can confirm that PKF’s contract is to be extended on one year (to also now include accounts for the period 2012-13). I will also be considering a further extension of another year in due course, dependent upon performance. The following arrangements are to be put in place from this point forward.
Submission of accounts
A zero tolerance approach to late accounts submission will be instigated with the actions taken as the dates outlined in the attached flowchart being followed in all cases other than extraordinary circumstances. Treasury will be actively monitoring the situation and will instigate enforcement action very swiftly if required.
There will be no increase in the PKF’s fee level for the year ending 31 March 2013 or year ending 31 December 2012 for burial authorities;
The public Auditors will have the right to impose a further fee for all the bodies failing to submit to the auditors, accounts suitable for audit, in line with the statutory deadline, as follows
Year ending31/3/12 or 31/12/11
31/3/13 or 31/12/12
If not submitted up to four weeks past the statutory deadline*0%
If submitted after four weeks past the statutory deadline*5%
- % age of the audit fee.
Additional fees will continue to be raised by the Public Auditors, as they are now, if there is additional work required by them due to lack of information..etc.
In order to try to address the communication issues raised PKF will include in their standard planning letter:
Details of the planned audit date; Detail of what information is required for the accounts to be considered suitable for audit; Planned audit fieldwork date; and Planned completion date.
As you will see we have negotiated, when taking into account the expected impact of inflation, a reduction in the overall fee level (in real terms) for the next financial year. However this will only be the case for those organisations that adhere to the statutory requirements. This has been achieved despite the introduction of new professional auditing requirements which are once again placing pressure on the audit fee levels.
Please note that those organisations who submit their accounts late this year (year ending 31/3/12 or 31/12/11) will suffer an increase in fees over and above the 5% increase.
This arrangement is not only designed to impose a penalty for non-compliance but to recognise that additional costs are borne by the auditors when their working plans are disrupted. Through providing the right information to the auditors at the right time we can work together to keep fee levels as low as possible. Treasury will arbitrate where there is a dispute over any additional fee imposed.
I will be monitoring the accounts submission and the public auditors’ performance very closely and if you have concerns over any aspect of the audit process then I would encourage you to raise these with the Public Auditors to discuss and decide upon any action required.
In light of this I ask that this issue is given high profile within your organisation.
Mr E G Lowey MLC. Chair. Audit and VFM Committee
The Clerk felt that a letter should be sent, particularly regarding the fine for late submission. She would draft a letter and show it to the Chairman prior to sending.
a) Invitation to Chairman Elect – from Government House.
‘The Chief Minister has asked me to extend a cordial invitation to you to attend a Service of Thanksgiving for Her Majesty The Queen’s Diamond Jubilee at the Cathedral Church of St German, Peel on Sunday 20th May at 3pm. The Service will be attended by His Excellency the Lieutenant Governor and will be conducted by the Dean, the Very Reverend Nigel Godfrey. The Bishop will preach the Sermon. The congregation is requested to be seated by 2 45pm. To facilitate appropriate seating arrangements, I would be grateful if you could advise Tina Moncrief-Scott by Friday 11th May 2012 whether or not you expect to be present and also if you will be accompanied’
As Mr Vernon would be off-Island Mr Gunn would try to attend but, if not, Mr Radcliffe would be so.
b) Invitation to Chairman – Opening of the Mona’s Queen III Anchor Memorial.
Invitation from Port St Mary Commissioners to the Chairman. To attend the Opening of the Memorial at Kallow Point, Port St Mary on Tuesday 29th May 2012 at 12.15pm. RSVP.
As Mr Vernon was already invited in another capacity, as a relative of one of the seamen who had died, Mr Gunn would attend.
c) John Donald Collister Bequest – MNH consultation.
The High Court had now confirmed that the Manx Museum and National Trust was to receive the large bequest which John Donald Collister had left to the people of Arbory and the Arbory Commissioners. MNH were now consulting on what should be done with that money. They had sent the consultation document – in the form of a questionnaire (all Members had been given a copy) Closing date noon on 29th June.
Members felt that this money should be spent in Arbory as that is what Mr Collister had intended and some should be given to the Museum of the Manx Regiment and the Manx Aviation Preservation Society at Ronaldsway.
d) Civic Sunday – Peel
Invitation to attend Peel Town commissioners’ Civic Sunday on 15th July at 11am at Peel Methodist Chapel. This was noted as there was no indication that any Member would attend.
e) Procedure Notes for Management of Construction Projects.
For the first time in 29 years these had been re-written. New Procedure Notes came into force on 1st April 2012 and could be downloaded at www.gov.im/treasury/procurement.xml.
f) Road Transport Licensing Committee.
Applications, Decisions and Notices. Noted,
g) Tynwald Day – invitation.
Two Grandstand tickets and car park pass are available for the Chairman to attend the Tynwald Ceremony on 5th July. RSVP by 31st May. Mr Vernon would attend.
12. PLANNING APPLICATIONS
a) 12/0552. Ballaman, Ballnahowe Road. Cheeseden Investments Ltd. Alterations and additions (to supersede those granted in 2008).
b) 12/0591. Fuchsia Cottage. B W Thackrah. Demolish existing garage and erect new double garage to accommodate motorhome and motor car.
c) 12/0584. The Old Vicarage, Barracks Road. Mr & Mrs A Dixon. In principle Erection of detached dwelling within garden.
It was felt that this would be over-development of the site. It was also inappropriate in the historic setting of Rushen Church and the Churchyard and Burial Ground. There was inadequate and dangerous access on a narrow country lane. There would also be parking problems as there were already the large house and two apartments in the stable building with associated vehicles. Recommend Refusal.
d) 12/0610. 8 Ballagale Avenue, Surby. Mr Titley & Ms Harman. Conversion of garage into playroom.
e) 12/0616. Quo Vadis, Glen Chass. Mr C Preston. Construction of porch to south elevation and replacement roof lights.
f) 12/0629. Woodville, Castletown Road. Mr J Hill. Extension; replacement windows; conservatory; internal alterations. Amendments to PA 0709.
13. PLANNING APPROVALS
a) 12/0399. Lingague Farm Cottage, Ballakilpheric Road, Mr & Mrs J Brown. Erection of two storey extension to dwelling. Decision – Planning Committee. Issued-2nd May 2012.
b) 12/0179. Empress Villa, Ballakillowey Road. Miss Charlotte Bell. Alterations and erection of extension to dwelling. Decision – Senior Planning Officer. Issued 3rd May 2012.
14. PLANNING REFUSALS
a) 12/0118. Clybane, Mount Gawne Road. Mr & Mrs Jenkins. Erection of replacement dwelling, extension of residential curtilage into part of fields 414177 and 414179 and creation of new vehicular access from existing field access. Reasons for refusal 1. The proposed dwelling would result in a substantial increase over the floor area of the existing dwelling and would represent a much larger, taller building with a substantial residential curtilage resulting in a dwelling which is significantly more prominent within the landscape. As such the proposal fails to comply with the provisions of Housing Policy 14 of the Isle of Man Strategic Plan and would be significantly detrimental to the visual amenities of the area. 2. The size of the proposed dwelling would result in an increase in the existing residential curtilage which would represent an unwarranted encroachment into the countryside, to the detriment of the character of the landscape contrary to Environmental Policy 1 and 2. Decision – Senior Planning Officer. Issued 23rd April 2012.
b) 12/0119. Clybane, Mount Gawne Road. Mr & Mrs Jenkins. Erection of detached garage and stable. Reasons – 1. Until such time as a scheme for the redevelopment of the site has been approved it is premature to consider this application given the access, driveway, positioning of the dwelling and extension of the domestic curtilage are all interlinked with the scheme for the proposed garage and stable block. Decision – Senior Planning Officer. Issued 23rd April 2012.
15. PLANNING APPEALS
a) 12/0118. Clybane, Mount Gawne Road. Mr & Mrs Jenkins. Erection of replacement dwelling, extension of residential curtilage and creation of vehicular access from existing field access. The applicant have requested an Appeal. If you wish to submit a written statement 7 collated copies should be sent by 16th May.
It was agreed that no further submission would be sent.
b) 12/0298/A In principle. Former Motorlands Garage Site, shore Road. Bonville Finance. Approval in principle for erection of three detached dwellings.
a) 11/1700. Kentraugh House, Kentraugh. Hintock Ltd. Installation of a solar panel. The Appeal was dismissed and the Refusal confirmed.
Inspector’s Assessment and conclusions: 10. The main issue is the effect that the proposed solar panel would have firstly on the character of the building and its architectural and historic feature and, secondly, on the character and appearance of this part of Port St Mary. 11. Irrespective of the fact that it is not currently a Registered Building, Kentraugh is an important example of a large Manx farmhouse which was considerably altered and extended during the late Georgian period (between 1815 and 1820). It is now a fine example of a large Manx country house which possesses many architectural and historic features. 12. Although very modest in size and difficult to see from immediately in front of the house, the panel would be perceived as an alien and obtrusive feature attached to the roof. Once in a position to see the roof, the raised tubular framework would be readily noticeable sitting proud of the traditional blue grey slated roof. It would introduce a component which would not normally be expected on the roof of an architecturally and historically interesting building and the overall visual effect would detract from the other attractive features of the house, including the roof, chimneys, windows and colonnade. 13. My conclusion in this respect is reinforced by the unfortunate addition of tubular solar panels at the nearby property known as ‘The Mount’ which I viewed during my site visit. Irrespective of the fact that these were not on the roof of the main house and that permission was granted, it is evident that a raised tubular panel such as this, positioned on the roof of Kentraugh, would look obtrusive, out of place and visually harmful. The character and appearance of Kentraugh would be detrimentally affected and it follows that the character of the locality, despite the distance involved, would also be affected. 14. Even at around some 200m away, the front of Kentraugh and ts fine colonnade can clearly be seen from the main road. The roof can also be seen as an unbroken surface and although the tubular solar panel would not produce as much glare as a flat solar panel, it would still be seen as an alien feature protruding proud of the slates. 15. There is no doubt that the owners of the house care deeply for this fine family home and do not wish to harm its appearance or integrity. It is also clear that any energy saving measures would be desirable and beneficial and that the principle of providing such energy saving solutions would accord with Energy Policy 4 of the IOMSP. However, these energy-saving benefits need to be considered alongside any other effects. 16. In conclusion, I consider that the harmful visual effects of the proposal on the character of the house and its surroundings outweigh any positive factors relating to energy-saving and the environment.’ Recommendation 17. I recommend that the appeal be dismissed. Anthony J Wharton. Inspector.
16. COMPLETION CERTIFICATES none
17. OTHER PLANNING MATTERS
a) Consultation on Lower Douglas Master Plan – draft Interim Planning Guidance for Key Town Centre Sites in Douglas.
As part of the preliminary work being undertaken on preparing an Area Plan for the East, the Department has been engaged in some initial work to prepare Interim Planning Guidance for the Lower Douglas area. Copies can be downloaded at http://www.gov.im/transport/consultations.gov?menuid=1691&type =current.
This was noted.
18. ANY OTHER BUSINESS
a) Robin Hill Farm, Cronk y Dhooney – noisy bikes.
On Sunday afternoon (29th April) the Clerk had received a call from Jeremy Paul from Ballachrink, Colby Glen Road, Arbory. He said that she must come and listen to the noise of motor bikes in the field below their house as it was disturbing everyone. She had previously received an email from Ian Hughes also from Ballachrink about 10 days previously saying that they were suffering from noisy bikes in Earystane and she had replied that this was in Arbory. Apparently it had been brought up at a Police Meeting by the Clerk of Arbory but hey had said it was nothing to do with them. On the Sunday she had gone to the top of the Glen Road and saw and heard trial bikes racing round a track which had been made in the bottom field of Robin Hill Farm, Cronk y Dhooney, Rushen. The bikes were very noisy. She then then went to see Dr Paul and he told her that these bikes had been racing around every Sunday – that day there had been seven or eight – from 11.30 in the morning and it was 3.30 – 4pm when she was there. One week there was 10/11 and the week before it was 8/9. It was so noisy that they, and other neighbours, couldn’t sit out in their gardens. The track was in the bottom field which runs down to the river and glen and the sound seemed to be magnified by it being in a valley. This was happening every Sunday from morning until late afternoon. The Clerk had then gone up to Cronk y Dhooney to see if she could hear it from there. It didn’t seem quite so noisy. She noticed on the yard of Robin Hill Farm that there were four large vans and one of them had a plank as a ramp into the back door which made her think that most of these bikes were coming from elsewhere.
On the Monday (Bank Holiday) she emailed the Southern Planning Officer to see if she was right in thinking that this track would need ‘change of use’ planning application as it is agricultural. She was correct. It seemed that this problem was ‘currently under an enforcement investigation by the planning enforcement officer and they had asked the owner to record the dates and times when they used any of their land with motorcycles (they seemed to be suggesting that some of the noise was coming from Earystane plantation). ….’The Enforcement officer has a meeting with the Development Control Manager this week and this items is on the agenda for further discussion and advice.’ Neither the Clerk of Arbory nor Rushen knew how they had become involved.
The Clerk also emailed John Howie, Environmental Health, for advice. He agreed that planning approval should have been sought. ‘Noise issues are investigated by Environmental Health Officers of this Department under the provision of the Public Health Act 1990 as potential statutory nuisances. Firstly, we would request that all complainants satisfactorily complete noise diary sheets (which we will supply upon request) which constitute a reasonable form of evidence. Ian Mansell, Environmental Health Officer, would act as first point of contact here and he will advise your complainants accordingly, (and supply the necessary diary sheets if required).’ The Clerk gave him details of the owner of the land and also copied him in to the Planning Officer’s email. He seemed none too pleased that EH hadn’t been told of this problem by them. He said ‘maybe we would have been informed when we all worked together under DLGE as was?’
The Clerk had been copying everything to the Clerk of Arbory as those suffering lived in Arbory but the problem was in Rushen. I had also copied in Mr Ian Hughes who seemed to be representing some of the affected residents.
The Clerk said that she had it in hand and would deal with whatever came about before the next meeting.
19. DATE OF NEXT MEETING Wednesday 20th June 2012.
This part of the Meeting was closed and then went into Private Session.