16/01354/AApproved
17 October 2017 · Delegated
Field 432159, Phildraw Road, Ballasalla, Isle Of Man, IM9 3eg
Permission was granted for the erection of a detached dwelling on a parcel of open land adjacent to The Quadrant, Phildraw Road, Ballasalla, Isle of Man. The site, which lies on the western side of Phildraw Road in the parish of Malew, is currently an open field that rises by approximately 6 metres in level toward the north west. The officer's report identified two main planning considerations: the effect of the development on the character and appearance of the area, and the potential impact on the living conditions of occupants of the neighbouring property. Both were considered acceptable. The Department of Environment, Food and Agriculture approved the application on 17 October 2017, subject to 5 conditions. There is one earlier related planning history reference on record for the site.
The application was permitted on 17 October 2017 under delegated powers. The key planning considerations were the impact on the character and appearance of the area and the effect on the living conditions of neighbouring residents, both of which were found to be acceptable.
Planning Circular 8/89
The site lies within an area designated on the Area Plan for the South as Proposed Low Density Housing in Parkland. This requires that development takes the form of substantial and well designed and finished dwellings which sit within at least 1 acre of their own landscaped grounds.
ea Plan deals with Low Density Housing in Parkland (LDHP). This is a designation that is contained in the 1982 Development Plan, and in some subsequent Local Plans. It is also covered by Circular 8/89, which distinguishes between LDHP within and outside settlements. The Circular indicates that, within settlements, there may be further residential development in areas of LDHP, but each dwelling must be substantial and sited in grounds of at least 0.4ha. In areas of LDHP outside settlements, the erection of further dwellings will be permitted only in exceptional circumstances. All trees within areas of LDHP are deemed to be registered. 242 There is no reference to LDHP in the Strategic Plan. I understand that, in the Area Plan for the South, LDHP zones are retained in rural areas, but are subsumed into predominantly residential areas within settlements. Initially, the draft Area Plan proposed that they should be treated similarly in the East. However, in response to objections on this point, from Miss P Newton and others, the Cabinet Office has indicated that it would have no objection to all LDHP areas being retained as they are, and shown as such in the Area Plan. 243 I have some difficulty with this. Site DH011 (Ballanard Woods) is within the existing settlement boundary of Douglas. It is shown as LDHP in the Douglas Local Plan 1998, but as a housing allocation in the present draft Area Plan. In my view, it would be an inefficient use of this land to restrict its development to a density of fewer than three dwellings per hectare. The fact that it remains largely vacant suggests that there may be little effective demand for the development of such low density housing. 244 It seems to me that if areas of LDHP have a special character that is worthy of conservation, they should be designated as Conservation Areas; and if they have trees that justify registration, those trees should be registered. Otherwise, I can see no particular justification for retaining the LDHP designation in the development plan. Accordingly, I recommend against the modification of the draft Area Plan to show areas of Low Density Housing in Parkland, either within or outside settlements. Types of Accommodation 245 Paragraph 8.1.2 of the Strategic Plan refers to 'the aspirations of the population to live in particular parts of the Island'. Paragraph 8.3.2(a) seeks to ensure provision of 'a choice of housing sites in terms of their location, type and size'. Paragraph 3.4.4 of the draft Area Plan itself indicates that a broader choice of homes would provide the flexibility needed for individuals and families to remain on, and be attracted to, the Island. However, at the inquiry, it was argued that these objectives would not be met by effectively concentrating all new housing in the East, in Douglas and Onchan. 246 Ellis Brown particularly expressed their concern that all the residential allocations in the draft Area Plan were for general housing, with no specific provision being made for individual dwellings on large plots, or specialist housing for older people in the form of bungalows, sheltered accommodation or care homes. As presently proposed, the Area Plan would not be in general conformity with the Strategic Plan, as required by law. 247 The draft Area Plan is not prescriptive about the quantity, form or location of specialist housing for particular social groups, such as elderly people. Although paragraph 8.4.4 of the Strategic Plan suggests that some of the issues associated with an ageing population can be addressed through the preparation of Area Plans (including the provision of land for residential homes) this is not mandatory. It seems to me that specialist accommodation for elderly people could potentially be provided within any of the general housing allocations. Ideally, such provision should be as close as possible to public transport facilities and other relevant services. However, the providers of such accommodation, whether in the public or private sectors, may be best placed to determine the precise quantity, type and location of the development needed, within the general framework established by the housing land allocations. 248 There will continue to be opportunities to build individual dwellings on plots of various sizes within each of the settlements in the East, for instance by infilling, the sub-division of large curtilages, or redevelopment. This would add to the choice and range of dwellings available. However, a choice of housing will be provided through the recycling of the existing housing stock, as well as by the provision of newly built homes. Housing Allocations 249 I consider that priority should be given to the development of land allocated for residential development within existing settlement boundaries. That land would provide about 560 dwellings, as shown in the Table 1 below. Much of it consists of vacant or underused sites in Douglas, which detract from that town's appearance and vitality. It is important that this land should be restored to
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Prior to the commencement of any building work, details of the species of the trees to be planted must be approved by the Department and the planting scheme undertaken in accordance with those details thereafter.
Condition 3
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. 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 4
Prior to any other construction, the access shown in the approved drawings must be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter. Once access is fully available to The Quadrant, the existing access there must be permanently blocked off and removed from use. Reason: in the interests of highway safety.
Condition 5
Prior to the occupation of the dwelling, the gargae, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter. Reason: in the interests of highway safety.