5 September 2019 · Delegated
17, Ballanard Woods, Ballanard Road, Douglas, Isle Of Man, IM2 5pq
Permission was granted for the erection of a detached swimming pool building at 17 Ballanard Woods, a large modern detached dwelling off Ballanard Road to the north of Douglas, Isle of Man. The site has a substantial garden extending northwards from the main house, with a landscaped area featuring planting and trees to the west. The property sits within a cluster of large dwellings sharing access onto the main road, with open land sloping upwards to the rear. The officer's report identified the main planning considerations as the visual impact on the site and Ballanard Woods, the potential effect on neighbouring amenity, the principle of the development, and the impact on trees. The application was approved with three conditions attached.
The application was approved by delegated decision on 5 September 2019. The key planning issues considered included the visual impact on the site and the surrounding Ballanard Woods area, potential effects on neighbouring amenity, and the principle of erecting an outbuilding of this type within the residential curtilage.
Isle of Man Strategic Plan 2016
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: - (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; (g) does not affect adversely the amenity of local residents or the character of the locality.
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
LOW DENSITY HOUSING IN PARKLAND
Planning Circular 8/89 LOW DENSITY HOUSING IN PARKLAND
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
The exterior finishes on the swimming pool building shall match the main dwelling where shown in the approved elevation drawing.
Condition 3
Within 6 months of this approval decision becoming final, a tree replanting scheme shall be submitted to and approved by the Department showing the species and exact location of no less than 4 new trees to be planted on the site, along with details on how they will be planted and maintained until they have successfully established. All works approved in this replanting scheme shall be carried out in full within 6 months of the removal of the existing trees shown in the approved drawings.