Officer Report

Application No.: 16/00867/A Applicant: Mr Edwin Davies OBE Proposal: Approval in principle for the erection of three detached dwellings Site Address: Field's 432533, 432534 & 432535 Phildraw Road Ballasalla Isle Of Man Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The site is a parcel of land which is 7.7 acres in size, located on the western side of Phildraw Road. The site has to its south, the residential curtilages of two existing dwellings, Firlea and Dale Rise. Opposite the site, on the eastern side of Phildraw Road, there are other existing properties, Sunnyside, Walden and Ballavoddan. Thrang End sits to the north of the site. - 1.2 The area is generally characterised by two types of property - relatively modest dwellings in commensurate curtilages and much larger, grander dwellings in substantial grounds, such as Phildraw Mansion House, Finito, Fildraw, Phildraw House and a new dwelling being built just to the north east of the application site. The road has Manx hedges and self seeded trees alongside the road which is around 7m wide without footways. THE PROPOSAL

2.1 Proposed is the principle of the erection of three dwellings on the site. This is identical to earlier applications for the same thing (see planning history). All matters are reserved for future detailed consideration. PLANNING HISTORY - 3.1 The most recent application, PA 14/00401/A proposed the variation of one of the condition attached to PA 12/00525 for the approval in principle of the creation of three dwellings on the site and which was approved subject to the following conditions:

• C 1. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.
• C 2. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.
• C 3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.

• C 5. The application for reserved matters must include a detailed and accurate survey of all existing hedges and trees on site and provision for the protection of such vegetation both during and after the course of construction together with a scheme for new planting to create a landscaped setting for each of the properties and to complement and reinforce the existing vegetation.
• C 6. Each dwelling must be individually designed in response to the topography of each plot and to a high quality, standing within at least one acre of its own landscaped grounds, in accordance with the provisions of Planning Circular 8/89.
• C 7. This permission relates to the principle of the erection of three dwellings and the creation of a new access as shown generally in plans reference WL/12/1237/1 and WL/12/1237/2 both received on 3rd April, 2012.

2.2 PA 13/91126 proposed the discharge of the matter of the access, with a number of matters remained for discharge within the appointed time - ie prior to 17th May, 2014 - the design and siting of the proposed dwellings and landscaping must be submitted prior to 17th May, 2014 and the development commenced within 2 years of the approval of the last of the reserved matters or by 17th May, 2016 whichever is the later. - 2.3 Planning permission has been granted for the principle of three dwellings on this site under PAs 03/01902/A, 08/00913/A and 12/00525/A - all essentially the same scheme and none implemented. Applications for a greater number of dwellings were previously refused - PAs 97/01384, 98/00363 and 99/01175 PLANNING STATUS AND POLICY

3.1 The site is identified in the Area Plan for the South as "Proposed Low Density Housing in Parkland". This refers to a designation in the 1982p and a definition provided in Planning Circular 8/89 which describes the provision of land for the development of large houses set in their own landscaped grounds of at least one acre in area. This site, and additional land on both sides of Phildraw Road were so designated in 1982p and the Southern Area Plan confirms this designation which had led to three relatively recent successful applications for development of this type - two plots to the north of Thrang End and a new dwelling on the opposite of the road. REPRESENTATIONS - 4.1 ht recommend that this proposal is the same as a previous applications PA 12/00525/A and PA 14/00401/A that were both approved. There are no significant changes in circumstances that warrant refussal of this proposal on highway grounds. It is recommended that the previous conditions are attached to any approval (26.08.16).

4.2 Malew Parish Commissioners have no objection to the application (08.09.16). ASSESSMENT 5.1 The development accords with what was shown in previous applications and is in accordance with the provisions of the Area Plan. It is somewhat disappointing that for whatever reason the approvals which have been in place since 2003 have not been taken up, particularly as there is an apparent demand for larger houses on the Island.

5.2 As such the application is recommended for approval in accordance with the previous decisions.

• PARTY STATUS
• 6.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case, Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 12.09.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

• C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• C 3. Approval of the details of siting, design, external appearance of the buildings, internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

REASN: in the interests of highway safety.

• C 5. The application for reserved matters must include a detailed and accurate survey of all existing hedges and trees on site and provision for the protection of such vegetation both during and after the course of construction together with a scheme for new planting to create a landscaped setting for each of the properties and to complement and reinforce the existing vegetation. REASON: in the interests of the visual amenities of the site.
• C 6. Each dwelling must be individually designed in response to the topography of each plot and to a high quality, standing within at least one acre of its own landscaped grounds, in accordance with the provisions of Planning Circular 8/89.

REASON: to accord with the requirements of the Area Plan and in the interests of the visual amenities of the area.

This decision relates to drawings WL/16/1382/1 and WL/16/1382/2 and 11TS029-02 all received on 26th July, 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 12.09.2016 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

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