Planning Officer Report

Officer's Report

Application No.:	12/00438/B
Applicant:	Mr Sean & Mrs Eimar Dowling
Proposal:	Erection of dwelling with detached garage (Amendment to PA 10/01512/B)
Site Address:	Land At Mount Rule House Mount Rule Douglas Isle Of Man
Case Officer:	Mr A Holmes
Photo Taken:
Site Visit:
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site comprises a parcel of land that currently forms part of the curtilage of Mount Rule House, which is an existing property located in the Mount Rule area of Braddan.

The Proposal

1. The proposal comprises the erection of a dwelling with detached garage on the application site. The proposal is submitted as an amendment to previous planning application 10/01512/B.

Planning History

1. The application site has been the subject of a number of previous planning applications, two of which are considered specifically material to the assessment of this current planning application:

1. Planning application 08/00179/A sought planning approval in principle for the erection of a dwelling with garage in the grounds of Mount Rule House. This previous planning application was approved on the 20th June 2008. Under condition no. 1 of the planning approval was valid for a period of two years from approval, during which time the reserved matters had to be submitted, approved and work commenced. No reserved matters planning application was made and the planning approval lapsed on the 20th June 2010.

1. Planning application 10/01512/B sought planning approval for the erection of a dwelling with garage and self contained flat above for associated use. This previous planning application was approved on the 24th November 2010.

Planning Policy

1. In terms of local plan policy, the application site is located within a wider area of land that is designated as existing low density housing in parkland under the extant Braddan Parish District Local Plan.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application.

1. General Policy 2 states:

"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."

1. Housing Policy 6 states:

"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."

Development within areas designated as low density housing in parkland is covered by Planning Circular 8/89, which basically requires that development within such areas must comprise substantial dwellings of a high quality and where existing trees should be retained.

REPRESENTATIONS

1. Braddan Parish Commissioners have no objections to the planning application.
2. The Department of Infrastructure Highways Division do not oppose the planning application.
3. The Manx Electricity Authority expresses an interest in the planning application.

ASSESSMENT

1. As highlighted earlier in this report there is extant planning approval for the erection of a dwelling on the application site under previously approved planning application 10/01512/B. Given this extant planning approval and the land use designation of the site as existing low density housing in parkland under the Braddan Parish District Local Plan the principle of residential development is considered to be established.
2. In terms of design the dwelling proposed by the planning application is similar in style to that approved under previous planning application 10/01512/B. The positioning of the dwelling is also similar, although the dwelling has been re-orientated on the plot. This re-orientating does not affect adjoining property due to the present of significant mature tree cover around the majority of the site boundary. On the basis of this and the fact that the proposed dwelling is smaller than the one previously approved it is considered that the proposal is acceptable.

RECOMMENDATION

1. It is recommended that the planning application be approved.

PARTY STATUS

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

Braddan Parish Commissioners

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Infrastructure Highways Division; and The Manx Electricity Authority.

Recommendation
Recommended Decision:	Permitted
Date of Recommendation:	01.05.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to drawing no.s 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12 and 13 date stamped the 21st March 2012.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted	Date: 8 May 2012
Determining officer (delete as appropriate)
Signed :	Signed :
Anthony Holmes	Sarah Corlett
Senior Planning Officer	Senior Planning Officer
Signed :	Signed :
Michael Gallagher	Jennifer Chance
Director of Planning and Building Control	Development Control Manager