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| Received | 030412 12 00525 |
| DEPARTMENT OF INFRASTRUCTURE PLANNING and BUILDING CONTROL DIVISION Town and Country Planning Act 1999 | |
| Tax and Tax credits | |
| Decision | |
| Appeal |
RECEIVED ON 03 APR 2012 DEPARTMENT OF INFRASTRUCTURE
IN SUPPORT OF THE RENEWAL OF THE PREVIOUSLY APPROVED IN PRINCIPLE PLANNING APPLICATION FOR THE ERECTION OF THREE DWELLINGS ON LAND COMPRISING FIELDS 432533, 432534 AND 432535, PHILDRAW ROAD, BALLASALLA, ISLE OF MAN.
Chartered Town Planning Consultants 36 Woodlands Park, Guildford, Surrey. GU1 2TJ. Tel: 01483 570982 Email: [email protected]
March 2012.
1.1. This Planning Statement is submitted on behalf of Mr. E. Davies OBE of Fildraw Mansion, Phiddraw Road, Ballasalla ("the Applicant") for his application which seeks in principle approval for the renewal of the previously approved application for the erection of three dwellings on fields 432533, 432534 and 4325 located at Phiddraw Road, Ballasalla. 1.2. In principle proposals for a single dwelling for each of the individual fields the subject of this application have previously been considered and approved on two previous occasions with both approvals extended. The most recent in principle application, planning reference PA. 08/00913/A, was granted approval by the Planning Committee by decision notice dated 4th July 2008. This approval was extended a further two years by letter dated 19th May 2010 and does not expire until 3rd July 2012. 1.3. Copies of the decision notice relating to PA. 08/00913/A and the renewal letter dated 19th May 2010 are provided in the Appendix to this Planning Statement. The submitted in principle application is similar to the previously approved application with regard to the principles of development and the application site boundary but is now being submitted for further renewal on the basis of an updated site survey. 1.4. The Planning Application comprises;
1.5. In support of the in principle application, this Planning Statement provides;
2.1. There have been a number of previous in principle planning applications submitted requesting approval for the residential development of the application site. 2.2. Planning applications PA. 97/1384, 98/0363 and 99/01175 all sought in principle approval for 7 plots on the application site and all were refused. Planning application 99/01175 was refused on appeal in August 2001 following the recommendation of an Independent Inspector on the grounds that that the proposals for 7 plots represented overdevelopment of the application site. 2.3. In February 2004, the Planning Committee granted approval for the Applicant's in principle application, reference PA. 03/01902, for three plots that proposed a single dwelling in each of the existing fields. This approval was valid for two years. An extension for a further two years was granted by letter dated 23rd January 2006 and expired on 10th February 2008. 2.4. In April 2008, a new in principle application was submitted on behalf of the Applicant for a similar development of three dwellings with one dwelling in each of the three fields. Approval was granted by the Planning Committee under PA. 08/00913 by decision notice dated 4th July 2008. A subsequent appeal against this approval by a neighbouring resident was withdrawn. An extension to this approval for a further two years to expire on 3rd July 2012 was granted by the Senior Planning Officer under delegated authority by letter dated 19th May 2010. 2.5. The current application seeks a re-approval of the above previously approved application. This in principle proposal for three dwellings with each building to be sited within each of the individual fields is similar to the previously approved application but, as referred to above, is now based on an up to date detailed land a survey.
3.1. The Isle of Man Planning Scheme (Development Plan) Order 1982 ("the 1982 Plan") represents the extant Area Plan within which the application site is situated. In the 1982 Plan, the appeal site is designated Proposed Low Density Housing in Parkland ("LDHP"). Paragraph 4 of Planning Circular 8/89 - Low Density Housing in Parkland ("PC 8/89") sets out the requirements for development in areas allocated LDHP which are; (a) buildings must be substantial and designed and finished to the highest quality. (b) each dwelling must be sited in at least one acre of its own grounds such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees. In addition, satisfactory services and access need to be provided and all applications for development of such areas must include an accurate and complete survey showing existing ground levels and the position and branch spread of all trees (reference paragraph 5). 3.2. The Applicant has commissioned an up to date survey which provides the basis for his in principle planning application including full details of existing trees and contours. The individual fields provide significant scope for the siting of a substantial dwelling that can be designed and finished to the highest quality and which can sit comfortably and naturally in a landscaped setting that acknowledges existing ground contours and existing trees. 3.3. The Applicant's application seeks approval in principle only at this stage with details of siting and design to be reserved matters and the subject to a full, detailed application. Means of access and landscaping are also to be reserved matters as with the previously approved in principle applications.
3.4. In the January 2011 Modified Draft Area Plan for the South ("the Draft Area Plan") the application forms part of a broader area designated Proposed Low Density Housing in Parkland. Paragraph 4.9.3 of the Draft Area Plan confirms that until new guidance is published PC 8 / 89 remains in force. As referred to above, the Applicant's in principle application complies with the requirements of PC 8 / 89. 3.5. An Inquiry to the Draft Area Plan was held in late 2011 and the Inspector's Report has now been published. Whilst the Inspector sets out his general reservations regarding the Draft Area Plan's proposed LDHP allocations, in paragraph 4.27 of his Report he recommends that existing LDHP designations be retained. The application site is part of the broader LDHP 1982 Plan designation that is recommended by the Inspector to remain extant.
3.6. In addition to the above policy documents, the extant Isle of Man Strategic Plan 2007 ("the Strategic Plan") provides additional guidance on policy and detailed matters relating to development control throughout the Island. Paragraph 1.4.2 of the Strategic Plan confirms that the designation of the 1982 Plan is applicable to the application site. In addition. Paragraph 1.5 confirms that existing Planning Circulars (ie. PC. 8/89) will continue to have effect except insofar as they are inconsistent with the Development Plan. 3.7. General Policy 2 lists (a) to (n) those detailed requirements that need to be assessed in evaluating any planning application proposing development in an appropriately zoned area. These listed requirements principally relate to details of planning other than the issues identified in PC. 8/89.
4.1. In light of the previous approvals and the above policy considerations, it is recommended that the Applicant's application be approved subject to appropriate conditions.
AND LETTER EXENDING APPROVAL DATED 19th May 2010.
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