Approval in principle for erection of dwelling and garage
3 October 2019 · Committee
Myveen, Hillberry Green, Douglas, Isle Of Man, IM2 6de
Planning permission was granted for the erection of a detached dwelling with associated parking, access, and landscaping at Plot 13 Hillberry Green, Douglas, Isle of Man. The site is an open grassed plot of approximately 0.5 acres, with mature trees around its perimeter. Access is via a field gate along the eastern boundary onto the private Hillberry Green road. The officer report identified the principle of development, visual impact on the area, impact on neighbouring amenities, and highway safety as the main planning issues to be assessed. The application was recommended for approval by the case officer and subsequently permitted by Committee. Permission was granted subject to eight conditions.
The application was permitted by Committee. The key planning issues considered included the principle of development, the visual impact on the surrounding area, and the effect on neighbouring amenities. Permission was granted subject to eight conditions.
Development should make the best use of resources
proposal would make best use of under-used land
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
New development will be located primarily within our existing towns and villages
be within a sustainable settlement of Douglas
Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
The Douglas urban area will remain the main employment and services centre for the Island
main urban area for employment and services centre for the Island
Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan
comply with General Policy 2
General Policy 2: 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. 6.3 Development outside of areas zoned for development
Development of land which is zoned for residential development must be undertaken in accordance with the brief
Housing Policy 6: 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. 8.8 Groups of Houses in the Countryside 8.8.1 There are in the countryside man y small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys. 8.8.2 Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape. 8.8.3 In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for d evelopment potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition o f this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation. 8.9 New Agricultural Dwellings 8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside. 8.9.2 Agricultural need should be established having regard to: (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm.
The new and existing highways which serve any new development must be designed so as to be capable of accommodating
Transport Policy 4: The new and existing highways which serve any n ew development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
The Department will require that in all new development, parking provision must be in accordance with the Department's current standards
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Low Density Housing in Parkland
comply with Planning Circular 8/89
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 occupation of the development hereby approved, the adjacent hedging shall be realigned / lowered to no more than 1.0m above carriageway and the visibility splays both as shown on Drawing No 18/069/1010 REV D dated stamped 10th September 2019 are provided and retained as such thereafter.
Condition 3
The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Condition 4
No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Condition 5
Other than the retained trees referenced as T0043 and T2423 or in accordance with the approved plans and particulars, no retained tree shall be cut down, uprooted or destroyed during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Condition 6
Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TP-26916v2) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and/or implemented and retained for the duration of the construction process.
Condition 7
Replacement tree planting shall be carried out in accordance with the Mitigation Planting Plan (prepared by Manx Roots), submitted in support of the application. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of a similar size, species and number as originally approved, unless the Department gives written consent to any variation.
Condition 8
Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the northwestern elevation of the first floor bedroom windows and shall be maintained as such thereafter.
Approval in principle for the erection of a detached dwelling and garage
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