30 May 2019 · Delegated
Harmony View, Hill Park, Ballakillowey, Colby, Isle Of Man, IM9 4bf
Permission was granted for the erection of a detached dwelling with associated vehicular access, driveway, landscaping, and drainage on a parcel of land of approximately 0.25 acres on the eastern side of Ballakillowey Road, Colby, just north of the Ballakillowey Estate. The site slopes upward to the north and is surrounded by a mix of existing residential properties, including a single-storey dwelling with roof accommodation to the south and a two-storey dwelling to the north, with open fields beyond. The officer considered the principle of development, the impact on the character and appearance of the locality, effects on neighbouring amenity, highway safety, and ecology. The application was approved by delegated decision on 30 May 2019, subject to compliance with four conditions.
The Department of Environment, Food and Agriculture approved the application on 30 May 2019. The officer assessed key issues including the principle of development, impacts on the character and appearance of the locality, effects on neighbouring amenity, highway safety, and ecology. Permission was granted subject to four conditions.
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
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
Environment Policy 42
New development in existing settlements must be designed to take account of the particular character and identity
pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''
D15 landscape character area
Port Erin and Port St Mary (D15)
oded horizons. Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views. Port Erin and Port St Mary (D15) The overall strategy for the area is to maintain and enhance the character, quality and distinctiveness of the local built vernacular and integrity of th e nucleated settlements of Port Erin, Port St. Mary and Ballagawne 5, the scattered traditional farm dwellings and to maintain the field pattern and semi -upland character of the upper slopes. Key Views Extensive panoramic views from higher ground on hill slopes along coast to the Calf of Man, inland over the Scarlett Peninsula and up the Southern Uplands and Meayll Hill. Port Grenaugh (E1) The overall strategy is to conserve the character, quality and distinctiveness of this remote and tranquil coa stal area with its rich ecological habitats, open and expansive panoramic views and numerous sites of archaeological importance. Key Views Panoramic and open views out to sea from the Raad ny Foillan coastal footpath, south towards Langness and the Schoo l Tower in Castletown and north up the jagged coastline towards Santon Head. 5 The Landscape Character Assessment identified Ballagawne as a settlement. The identified settlement in the Strategic Plan is Ballafesson therefore the Green Gap proposed is between Port Erin and Ballafesson although the gap between Port Erin and Ballagawne is also seen as an important feature. Bay ny Carrickey (E9) The overall strategy is to conserve the character, quality and distinctiveness of the tranquil and coastal area with its rich ecological habitats, open and expansive panoramic views, sites of archaeological importance and to conserve the coastal setting of Port St. Mary. Key Views Extensive, panoramic views from Raad ny Foillan across the sweeping and ever-changing seascape to the south. Open views across the bay, with distant sense of enclosure provided by headlands to the east and west. Open views across adjacent Undulating Lowland Plain to the north. Castletown Bay (E10) The overall strategy is to conserve the character, quality and distinctiveness of the coastal area with its rich ecological habitats, open and expansive panoramic views, and to conserve the coastal setting of Castletown. Key Views Extensive, panoramic open views from Raad ny Foillan , views southwards across the ever-changing seascape. Grey stone wall of the harbour, marking the entrance to Castletown, is a landmark within views westwards. Views across the bay contained by protruding headlands to the east and west. Langness (E11) The overall strategy is to conserve the character, quality and distinctiveness of the coastal area with its rich ecological habitats, open and expansive panoramic views, and to conserve the tranquil and rugged character of the area with its numerous sites of archaeological importance , such a s the former mines and former smelt mines. Key Views Panoramic, open views across surrounding, ever -changing seascape, from several points along the peninsula, in particular from Dreswick Point (at the southernmost tip). Dramatic views northwards from S t. Michael's Island, along the north eastern shore. Open views across Castletown Bay to the west. Castletown and Ballasalla (F7) The overall strategy is to conserve the character, quality and distinctiveness of this open area that contributes to the setting of Castletown and Ballasalla, to enhance the river field pattern and to conserve the aquatic habitat corridor of the Silverburn. Key Views Open and panoramic views out to sea and over Langness' rocky shoreline beyond the Airport. Key views to the prominent landmarks of Castle Rushen and King William's College. Poyll Vaaish and Scarlett Peninsula (F8) The overall strategy is to conserve the strong sense of openness throughout the area, with strong field pattern as well as the setting of th e numerous archaeological sites and wartime structures within the area. Key Views Open and panoramic views out to sea, up to the Southern Upland peaks over open fields and towards the built -up areas of Castletown and Ballasalla are obtained from various slightly elevated positions within the area, where the cumulative effects of hedgerow trees does not intervene. Foreshortened views in some flatter areas where the accumulated effects of hedgerow trees create a wooded horizon. Fleshwick (H2) The overall strategy is to conserve the character, quality and distinctiveness of this open, unsettled and rugged area with expansive and dramatic views and to conserve the wild setting of the numerous archaeological features. Key Views Distant views out towards Ireland over the sea from the Raad ny Foillan coastal path. Panoramic expansive views out to sea and along the coastline from Fleshwick Bay. Dramatic views over the coastal cliffs and along the coastline from the coastal path. Bradd
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
No development shall be commenced until a landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of all new walls, fences, Manx banks, trees, hedgerows and any other planting and boundary treatments and shall also include a planting specification [numbers, density, size, species and positions of all new trees and shrubs] and a programme of implementation. The works shall be carried out within the first planting season following the occupation of the development and in accordance with the programme agreed in writing with the Department and retained thereafter. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced with the same species within the next planting season unless otherwise approved in writing by the Department and retained thereafter.
Condition 3
The development hereby approved shall not be occupied or operated until the access, parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than for access and the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Condition 4
The visibility splay(s) identified on P-11 shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1m in height above adjoining carriageway level. Reason: In the interests of highway safety.