18 October 2011 · Committee
Field 314758, Main Road, St Johns, Isle Of Man, IM4 3lx
This application sought permission for a residential estate layout of six plots, including roads and sewers, on land between the Balladoyne estate and Station Road in St Johns, Isle of Man. The site comprises agricultural land and a partly overgrown area identified in the St Johns Local Plan. A temporary construction access off Station Road was proposed as part of the scheme. The officer's report identified several planning considerations, including the management of construction traffic, potential impacts on trees and wildlife, effects on the amenity of neighbouring properties, and the relationship of the development to a proposed conservation area. The Planning Committee approved the application on 18 October 2011, subject to 11 conditions. The officer had recommended approval, and the committee's decision was consistent with that recommendation.
The Planning Committee approved the application on 18 October 2011. The officer had recommended approval, and the committee's decision aligned with that recommendation. Key planning considerations included managing construction traffic access, protecting trees and wildlife, and limiting impacts on neighbouring properties.
Residential development shall be permitted within Development Area 1 in accordance with the following development brief.
St Johns Local Plan
WITH THE EXCEPTION OF APPROPRIATE EXTENSIONS AND ALTERATIONS TO EXISTING PROPERTY WHICH WILL GENERALLY BE ACCEPTABLE, OUTSIDE OF DEVELOPMENT AREAS 1, 2, 4, 5 AND 6 NEW RESIDENTIAL DEVELOPMENT WILL ONLY BE APPROVED WHERE THIS COMPLIES WITH PLANNING CIRCULARS 1/88, 3/88 AND 3/89.
St Johns Local Plan
Development should make the best use of resources
Isle of Man Strategic Plan
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used 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. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced
Isle of Man Strategic Plan
Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (a) avoiding coalescence and maintaining adequate physical separation between settlements; and (b) having regard in the design of new development to th e use of local materials and character. 4.3.4 Most of our built heritage, our countryside, our coastline and our natural environment is of attraction, value and interest. Surveys commissioned by Government on the quality of life and the importance of heritage in the Isle of Man and internationally, have consistently shown that the historic landscape setting of the Isle of Man scores as t he single most significant factor for residents and visitors in supporting the concept of a specific and positive Manx identity. This "heritage identity" is a result of the combination of a rich diversity of historic sites and monuments, historic building s and residential settlements and a specific range of natural history attributes set within a predominantly rural landscape setting which links modern life to a sense of historic legacy and beauty, the retention of which is strongly supported by Government and the resident community. 4.3.5 The landscapes of the Island are very varied, and their nature and variety is the consequence of thousands of years of interaction between the natural and cultural aspects of the Island through human activity within the enviro nment and an innate respect for the natural and historic qualities they represent. 4.3.6 This landscape heritage is more than simply the sum of its parts. The combination of geology, geomorphology, wildlife, archaeology, history, traditional buildings and the natural settings for traditional activities and customs, combine in the rural and built environment to provide an inseparable element of "Manxness". It provides an overarching context which makes the landscapes of the Isle of Man unique and gives them the value which is acknowledged by those who live here and those who visit. The protection and promotion of this element within Manx society is an important element in central Government policy and the Strategic Plan, which both support the view that these v alued characteristics of the Isle of Man be acknowledged and protected for the future from inappropriate development. 4.3.7 This protection will apply to areas of heritage value, to sites of heritage value and to general traditional landscape settings within the Island which are deemed to contribute to the sense of the Island's heritage identity. Heritage landscape value will therefore be a consideration in all aspects of planning, with a view to retaining and enhancing this value wherever possible.
New development will be located within the defined settlements
Isle of Man Strategic Plan
Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan
Isle of Man Strategic Plan
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. 6.3 Development outside of areas zoned for development
New development in existing settlements must be designed to take account of the particular character and identity
Isle of Man Strategic Plan
Development of land which is zoned for residential development must be undertaken in accordance with the brief
Isle of Man Strategic Plan
Housing Policy 6: Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive. 8.8 Groups of Houses in the Countryside 8.8.1 There are in the countryside man y small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys. 8.8.2 Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape. 8.8.3 In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for d evelopment potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition o f this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation. 8.9 New Agricultural Dwellings 8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside. 8.9.2 Agricultural need should be established having regard to: (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm.
The new and existing highways which serve any new development must be designed so as to be capable of accommodating
Isle of Man Strategic Plan
Transport Policy 4: The new and existing highways which serve any n ew development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
Condition 1
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 2
This approval relates to the residential estate layout of six plots, roads and sewers including temporary construction access to site off Station Road, Fields 312909 and 314758, Land adjacent to Balladoyne, St Johns, German as shown by 0725/099 Rev A, 0725/100, 0725/102, 0725/103, 0725/104 and 0725/105 received 18th May 2011 and Bat Survey received 19th September 2011.
Condition 3
All dwellings must be single storey (dormer accommodation will not be acceptable).
Condition 4
Construction traffic must only use the temporary access route, to be formed on land between Station Road and the site as shown by Drawing No 0725/099. Within one month of the completion of the development this temporary access must be removed and the land over which it passes must be restored in accordance with a plan to be approved by the Planning Authority. No construction traffic shall access the site by Balladoyne estate.
Condition 5
Manx National Heritage must be informed in writing of the commencement of works on site and be given access to inspect the site, observe excavations and investigate any archaeological features exposed.
Condition 6
All existing trees and hedges within the application site, with the exception of those to be removed or lowered along the northern boundary of the property "Rosshay" and those shown to be removed on Drawing No. 725/099, must be retained and afforded adequate protection during the development of the site, in accordance with a tree protection scheme that has been submitted to and approved in writing by the Planning Authority prior to the commencement of works on site.
Condition 7
No dwelling shall be occupied until the road and parking areas have been completed in accordance with Drawing No. 0725/099.
Condition 8
No dwelling shall be occupied and the access from Balladoyne shall not be opened up until the temporary construction access has been removed and the land over which the construction access passes has been restored in accordance with Condition 4.
Condition 9
The application(s) for dwellings must demonstrate a design and layout which overcomes the reasons for refusal relating to ridge height and orientation as set out in the refusal of 08/01842/B and 08/02117/B.
Condition 10
Prior to the occupation of any of the dwellings to be constructed on the site, the road widening on Balladoyne must be completed in accordance with Drawing No. 0725/099 and the boundary of "Rosshay" on the east side of the junction of Balladoyne and the A1 Peel Road must be altered to provide a visibility splay of 2m by 23m. This splay shall be kept and maintained clear of obstruction at a height of 1.05m.
Condition 11
Prior to the commencement of construction works, the visibility splays at the construction access road onto Station Road must be provided. This splay shall be kept and maintained clear of obstruction at a height of 1.05m.
sought approval in principle for a residential layout of 6 dwellings
approved at appeal
sought approval for improvements to and the use of estate roadway for construction vehicle access to development site
sought approval for the residential layout for six dwellings with layout of plots, roads, sewers
sought approval for the erection of a dwelling on each of the plots proposed by 08/01510/B
sought approval for the erection of a dwelling on each of the plots proposed by 08/01510/B
sought approval for the erection of a dwelling on each of the plots proposed by 08/01510/B