Planning Officer Report

Officer's Report

Application No.:	12/00525/A
Applicant:	Mr Edwin Davies
Proposal:	Approval in principle for erection of three dwellings
Site Address:	Field 432533,432534 And 432535
Phildraw Road
Ballasalla
Isle Of Man

Case Officer :	Miss S E Corlett
Photo Taken :
Site Visit :
Expected Decision Level :	Officer Delegation

The Site

1. The site represents three fields located on the north western side of the Phildraw Road (A34), to the north west of Ballasalla village. The fields lie opposite other land which is owned by the applicant but this is not relevant in the consideration of the development which is proposed. The frontage to the Phildraw Road is formed by a hedge with some small self seeded saplings in and around it but no trees of any substance. The site is 7.5 acres in size.

The Proposal

1. Proposed now is the principle of the development of the site for three dwellings. The plans show indicatively three plots with three different dwellings and one access opposite Walden. This access will have visibility splays of 2.4m by 70m provided through re-alignment of the existing roadside hedge. Four trees within the site (ie not roadside trees) will need to be removed to facilitate access to plot one.

Planning Status

1. The site, together with land to the north east and south west, is designated for Proposed Low Density Housing in Parkland (LDHP) on the Isle of Man Planning Scheme (Development Plan) Order 1982. Despite a significant area including and in the vicinity of the site being designated for development since 1982, the applications which have been submitted for LDHP since then have been submitted relatively recently - PA 08/2056 proposed the principle of development at The Quadrant and was refused on appeal for reasons relating to access: PA 10/1078 was permitted for the layout of two plots on field 432503 close to the application site. In addition to the proposals listed below for the application site, development has recently been sought and granted for the erection of a dwelling to the rear of Ballavoddan, to the north east of the site with a short portion of their frontage directly opposite this site (07/02378/B refers).

1. The draft Southern Area Plan initially proposed that the LDHP designation be confirmed and also that new areas of such land use be identified. However, the Inspector expressed concern about the principle of LDHP as there was no provision within the Strategic Plan and recommended that the issue of LDHP be considered as an Island-wide project. He recommends that areas of Existing LDHP be retained but that no new areas be confirmed without further Island-wide debate.

1. In response to this the Department will reiterate the 1982 Order provisions, including the designation of this site as Low Density in Parkland. This is consistent with the existing adopted land use designation and the decisions which have been taken on the site since 2003.

Planning History

1. Planning permission was been sought for the development of this site on a number of occasions:

• PA 97/1384 - residential estate layout for seven plots, roads and sewers - refused on review
• PA 98/0363 proposed residential estate layout of seven plots, roads and sewers and was refused on review (the appeal being withdrawn)
• PA 99/1175 - residential layout of 7 plots, roads and sewers which was refused on appeal,
• PA 02/0724 - erection of a folly - refused on review
• PA 03/1902 - approval in principle for the erection of three dwellings - permitted with the approval extended up to February, 2008 and
• PA 08/0913 - approval in principle for the erection of three dwellings - permitted with the approval extended up to July 2012.

Representations

1. Highways Division and Malew Parish Commissioners raise no objection to the application.

Assessment

1. Whilst the Strategic Plan was introduced in 2007 approval was granted to the principle of the development after that (PA 080913).

1. Not only is the site designated for development, it is recommended that such development takes the form of substantial dwellings in their own grounds which will almost certainly involve a significant visual impact. As such, whilst the development of the site may change its character, it is in accordance with the prevailing land use policies for the site. It should also be acknowledged that Phildraw Road is generally characterised by large houses at varying distances from the road, of a variety of sizes, shapes and designs, rather than being an open area, devoid of buildings.

1. Comment has been made previously about the single access serving all three properties. Whilst it is accepted that there are few instances of a single access serving more than one property, in this case, if each dwelling were to be served by its own access, this would result in an increased interruption of the existing roadside hedge which is largely intact for a long distance - around 240m on this side of the road. A single access is likely to be safer.

1. The protection of the amenities of those around the site is a valid concern, in this case, the illustrative drawing shows the northernmost dwelling positioned some 27m from Thrang End and situated so that the direct views from the windows of this property are not affected. The fact that the dwellings will be seen by those in Thrang End is not a valid reason for refusal.

1. Whilst the recommendations of Planning Circular 8/89 were not included in the previous decision, it would be appropriate to include in any approved notice, the requirement for the dwellings to be designed to a high standard and for each to sit comfortably in its own landscaped setting, in accordance with that Circular and the provisions of the draft Southern Area Plan.

Party Status

1. The local authority, Malew Parish Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 11.05.2012

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.

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 4.

The application for reserved matters must demonstrate that a safe access can be provided together with the retention or re-construction of traditional Manx banks along the frontage of the site.

NOTE: The advice of the Department of Transport should be sought in this respect.

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.

C7.

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.

3d

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 : 10/5/12

Determining officer (delete as appropriate)

Signed : [Handwritten signature] Anthony Holmes Senior Planning Officer

Signed : [Blank] Michael Gallagher Director of Planning and Building Control

Signed : [Blank] Jennifer Chance Development Control Manager