13 February 2018 · Committee
Land Adjacent To, Ginger Hall Hotel, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hb
Permission was granted for the construction of 7 bungalows and 6 garages, including a new vehicular access, on land adjacent to the Ginger Hall Hotel on Ballamanagh Road, Sulby, Isle of Man. The application was submitted by Foxfield Ltd and decided by committee. The site covers approximately 0.55 hectares of mostly overgrown, undeveloped land on the eastern edge of Sulby village. It is bounded to the north by existing bungalows on Carrick Park and adjoins the Ginger Hall Hotel and its car park to the east. Access at the time of the application was only from River Meadowland, a rural lane to the south. The officer report identified several key planning issues, including the principle of residential development, the number of dwellings, character and appearance, highway and drainage matters, impacts on neighbouring residential amenity, and potential effects on trees.
The application was approved by committee on 13 February 2018. The officer also recommended approval. Key planning issues considered included the principle of residential development on the site, the number of dwellings proposed, character and appearance, highway and drainage matters, impacts on neighbouring amenity, and effects on trees. Seven conditions were attached to the permission.
Development should make the best use of resources
using unused and under-used land
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
New development will be located primarily within our existing towns and villages
Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
Development which is in accordance with the land-use zoning
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
The housing needs of the Island will be met
Housing Policy 1: The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026. 8.4.10 Analysis of the residential land availability statistics as well as preliminary examination of the potential of existing settlements, show that there is sufficient land to satisfy the demand for housing in lin e with the existing Island Spatial Strategy up until 2026. It is acknowledged that some land in and around the Main Centre (Douglas) is limited and that land designated on some extant development plans has been slow at coming forward for development. There appear to be a number of reasons for this ranging from the unwillingness of land owners to release land for development, the quality and location of that land , through to economic pressures; all of which may partly explain the decline in planning applica tions being submitted for new dwellings over the last decade or more. It will be necessary to address any land shortages as well as the suitability and deliverability of residential land as part of the preparation of the Area Plans.
The new and existing highways which serve any new development
highway safety
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 approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department. Details of the hard landscaping works shall include footpaths and hard surfacing materials and any fencing/walling. Unless otherwise approved in writing by the Department, any parts of the approved landscaping works within the curtilage of an individual dwelling shall be completed prior to the occupation of that dwelling, and the full landscaping works for the whole site shall be completed in accordance with the approved details in the first planting and seeding season following completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Condition 3
Prior to the occupation of any dwelling the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.
Condition 4
Prior to the commencement of any development or construction work, a precommencement meeting shall be held on site and attended by the developer's appointed arboricultural consultant, the site manager/foreman and a representative from the Department to discuss details of the working procedures and check that all tree protection measures have been installed in accordance with the approved tree protection plan. The development shall thereafter be carried out in accordance with the approved details or any variation as may subsequently be agreed in writing by the Department.
Condition 5
No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Condition 6
Prior to the occupation of the hereby approved dwellings on Plot 1 to 6 the access as shown on drawing GH03 must be completed in accordance with this approved plan. Furthermore, visibility splays of 2.4 metres by 90 metres in both directions are required to be provided by this access serving Plots 1 to 6 and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level.
Condition 7
Prior to the occupation of the hereby approved dwelling on Plot 7 the access as shown on drawing 40 REV A must be completed in accordance with this approved plan. Furthermore, visibility splays as shown on drawing 40 REV A are required to be provided and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level.
Erection of a development of five detached dwellings with associated garages
previously approved application
application for erection of five detached dwellings with associated garages
refused at appeal
application for six dwellings
refused
previously approved
refused at appeal
previously approved