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Application No.: 25/90215/B Applicant: Mr & Mrs James & Tanya Sibley Proposal: Erection of new two-storey dwelling including landscaping, new vehicular access and installation of solar PV array and air source heat pumps Site Address: Land Adjacent To The Quadrant Phildraw Road Ballasalla Isle Of Man IM9 3EG Principal Planner: Chris Balmer Photo Taken: 28.03.2025 Site Visit: 28.03.2025 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 01.04.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: The application does not propose to create separate units of accommodation within the site and has not been considered as such; to prevent the accommodation being used as selfcontained/tourist accommodation which is unrelated to the main dwelling house; avoiding any future fragmentation of the curtilage; and the living accommodation being used separately from the main dwelling house would result in a unacceptable level of overlooking of the occupants of this main dwelling house.
Reason: To ensure the provision of an appropriate landscape setting to the development and for biodiversity net gain.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
N 1. Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.
This application has been recommended for approval for the following reason.
Overall, it is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2016), Area Plan for the South, and Planning Circular 8/89 Low Density Housing in Parkland having no significant adverse impacts upon public and private amenities for the reasons set out in this report.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received; 28.02.2025
Planning Statement - Sarah Corlett Town Planning Consultancy Ecodan R32 Monobloc Air Source Heat Pump
Drainage Strategy Report - Axis Consulting Engineers REV 2 (dated 11/03/2025) _________________________________________________________________
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services/Drainage - No Objection Local Authority - No Objection Manx Utilities - No Objection
_________________________________________________________________ Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE - 1.1 The site is a parcel of land (1.4 acres), currently an open plot of land which lies on the western side of Phildraw Road and north of Ballasalla Village. The roadside boundaries of the site consists of two levels of grass banks, due to the ground level of the site being set above that of the Phildraw Road. The site is generally level in character and open in nature (devoid of any vegetation) following construction works on the previously approved dwelling appearing to have commenced. Partial foundations appear to be in place. The boundaries (except roadside boundary) of the site are generally made up of gorse/vegetation. - 1.2 An existing dwelling known as The Quadrant lies to the north, which is recently constructed; albeit in traditional in design and to the south of the site is the residential dwelling Langdale which is a more modern bungalow. - 1.3 The character of Phildraw Road is essential a rural countryside setting, with a narrow two lane country lane with roadside boundaries made up of Manx sod banks/vegetation which is intersperses with residential dwellings. These dwellings include a number of traditional Manx Farmhouse styled properties and larger more modern detached properties set in large grounds. These larger properties are mainly large modern bungalows, two storey contemporary designed properties or newly built Georgian styled properties.
2.0 PROPOSAL - 2.1 The application seeks approval for the erection of new two-storey dwelling including landscaping, new vehicular access and installation of solar PV array and air source heat pumps. - 2.2 The dwelling is "L-shaped" in footprint, with the main dwelling house being of a Georgian design with an attached one and half storey link which provides garage and guest accommodation. The dwelling s is finished with brickwork, including brick quoins and detailing elements throughout, including a plinth course, strong course, corning and parapet above entrance portico. The roof would be finished in dark grey tiles. - 2.3 The applicants in support of the application have indicated; "4.1 Proposed now is the erection of a new dwelling on the site. The dwelling will be in approximately the same position as the approved dwelling and with similar accommodation but with a smaller overall footprint and with the projecting garage extension positioned on the northern side of the building rather than at the southern side. The dwelling is marginally closer to the highway than was the approved scheme but remains no further forward than the access leading from the shared entrance.
4.2 The proposed dwelling differs also from the approved building in terms of materials and design. Rather than primarily render, the proposed dwelling is to be finished in facing brick and with a more traditional style albeit more Georgian with its hipped roof, than Manx vernacular although noting that a number of existing large houses on the Island contain some of these
features - Woodlands (red brick), Ballaughton Manor, Pulrose Manor, Glen Garwick, Ellerslie Manor, Ballavale, Ballamanaugh and Ballamoar (Patrick) all having hipped roofs…"
"…The dwelling again accommodates four bedrooms and like its predecessor, has a guest suite above the garage which will also accommodate three vehicles as well as providing opportunities for electric vehicle charging and secure bicycle storage.
Access to the highway will remain as approved and minor changes are proposed to the private access shared by the existing new property to the north."
4.7 The foul water from will be via new pipework to a private STW located in the rear garden. The disposal of surface water has been discussed with Manx Utilities and is will incorporate new pipework and SUDS to discharge to the proposed pond in front garden where attenuated before discharge to surface water drainage which directly enters Awin Ruy watercourse to the rear of Vinette via and existing 450mm pipe and spillway. - 4.8 The proposed dwelling will have a total floor area of 811 sq m compared with 923 sq m of the approved scheme. The proposed dwelling is slightly taller than the approved scheme - 9.5m to the ridge compared with 8.5m and 6.9m to the eaves compared with 6.2m. - 4.9 The site will be landscaped with new native tree planting in the front garden along with the creation of a pond which will accommodate surface water and attenuate its flow to the surface water drainage. To the southern side will be a formal hedged garden area and to the rear will be a large area of lawn with a fruit tree orchard to the south and an informal path winding through the trees. At the rear of the site will be an area for growing flowers, fruit and vegetables and a small garden shed."
2.5 There is no main foul drainage in the area and therefore the proposal is being constructed in accordance with Building Regulations which includes a Klargester Biodisc sewerage treatment plant within the site (behind garage) and the cleaned water from the sewerage treatment plant will flow into the front drainage mound via perforated distribution drainage pipes set in the mound made up of a soil cap with layers of washed gravel around the pipes, filter sand and filter gravel or permeable soil below. This drainage mound would require the re-profiling (cut & fill) of the existing roadside boundary from as it stands today which is a two tired grass banks with an Plateau in in-between which have an overall height of approximately 2m from road level. The proposal would re-profile this element so that there would be a single gradual (approx. 25 degrees) slope from the roadside boundary which would have an approximately height of 2.25m. This highest point of the new re-profiled slope would be setback form the roadside frontage by approximately 10m. Currently, the highest part of the existing bank is approximately 10m as well from the roadside frontage of the site.
3.1 The application site is within an area designated as being an area of "Proposed - Low Density Housing in Parkland" (LDHP), under the Area Plan for the South 2016. The site is not within a Conservation Area, nor within an area zoned as High Landscape or Coastal Value and Scenic Significance. - 3.2 Due to the zoning of the site, and the nature of the proposed development, the following Strategic Plan (2016) policies are relevant in the consideration of the application:- - 3.3 General Policy 2 states: "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:
3.4 Housing Policy 6 states: ''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 (General Policy 2) of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive''. - 3.5 Transport Policy 4 states: "The new and existing highways which serve any new 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." - 3.6 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." - 3.7 Planning Circular 8/89 - Low Density Housing in Parkland needs to be taken into consideration when determining the application. Paragraph 3 of this policy states:"Areas of existing low density housing in parkland (marked "PE" - Private Estates - on the Development Plan) are usually characterised by fine buildings and mature trees standing in landscaped grounds. Whether in the towns or the countryside, such sites make a positive contribution to public amenity. In terms of development potential, they may be classified into (a) those which are clearly within the built areas of the Island's Towns and Villages, and (b) those which are not.
Any specific policies included in the relevant Local Plan must also be observed.
3.8 The Department has published Residential Design Guidance (2021). Satisfactory provision of services and access will, of course, also be required."
4.1 The previous planning applications are considered relevant in the assessment and determination of this application:Application site - 4.2 Erection of a detached dwelling - 17/00960/B - APPROVED. This included the access details as shown under the current application. Further, the same access details where approved under application 19/01321/B (now constructed). Plot 1 (Now known as the property The Quadrant") - 4.3 Erection of replacement detached dwelling with attached garage, associated access road and landscaping - 19/00536/B - APPROVED - 4.4 Erection of a replacement dwelling (amendment to application 19/00536/B) - 19/01321/B
4.5 Approval in principle for the erection a detached dwelling within grounds of existing dwelling and relocation of vehicular access addressing siting, means of access and landscaping 16/00354/A - APPROVED - 4.6 Approval in principle for the demolition of existing dwelling and erection of three dwellings
5.1 Highway Services do not objection making the following comments (07.03.2025); "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking subject to vehicle access, vehicle access visibility splay onto Phildraw Road, parking and turning within the site should be completed before first occupation and retained thereafter (for highway safety purposes)."
5.2 Malew Parish Commissioners do not object (07.03.2025) - 5.3 Manx Utilities comment (25.03.2025); "The proposed development sits outside of Manx Utilities drainage catchment area and as such will have no impact on the public drainage infrastructure, MU have no comments on this application." - 5.4 Environmental Protection Unit (DEFA) commented (04.03.2025); "With regard to PA 25/90215/B, please can the applicant answer the following query:
5.5 Highways Drainage comments (28.03.2025); "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: Applicant should be aware of and demonstrate compliance with the clause above"
6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application;
6.2 As indicated within the 'Planning Policy' section of this report, the site is designated as "Proposed - Low Density Housing in Parkland" (LDHP), under the Isle of Man Development Plan Order 1982'; therefore it is considered that the principle of residential development is acceptable on this site. However, further material planning matters as indicated previously need to be considered, to determine if the proposed dwelling on the site is appropriate. It is also noted that a number of planning applications for new dwellings have been approved along the Phildraw Road under the same land use designated of "Low Density Housing in Park Land", as well as the application site. POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA - 6.3 Firstly, it needs to be acknowledged the requirements of Planning Circular 8/89 which are indicated within the Planning Policy section of this report, specifically paragraph 4 as the site is designated as "Proposed - Low Density Housing in Parkland", rather than "Existing - Low Density Housing in Parkland". - 6.4 Regarding the requirements of paragraph (a); any dwelling must be substantial, and designed and finished to the highest quality. Further to these essentially design brief for the sites; Housing Policy 6 indicates that sites designated for residential development; "must be undertaken in accordance with the brief in the relevant area plan" i.e. the IOM Development Plan Order 1982. Further Housing Policy 6 indicates that such briefs will encourage good and innovative design, and will not be needlessly prescriptive. - 6.5 The proposed dwelling is a substantial dwelling as required by the Circular, and is considered to be of a traditional Georgian design of high quality finish. - 6.6 The existing dwellings along Phildraw Road vary in size and design, ranging from large Georgian designed dwellings, Manx traditional single/two storey farmhouses & cottages, to more modern two and single storey properties. The plots of dwellings along Phildraw Road also vary in size greatly.
6.7 Due to this mixture of designs of properties along the Phildraw Road, it is difficult to pin point a particular design. It should be noted that General Policy 2 states that any development should; "respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them." It is considered the more traditional approach is acceptable on this site, and along Phildraw Road, given similar approaches being previously approved. - 6.8 It is accepted that in terms of scale and size the proposal would be larger than the properties immediately opposite the site; however, this situation is not unique, along Phildraw Road, where there are more modest properties immediately adjacent to large properties which are set in larger grounds. Further, it needs to be acknowledged that the designation of the site as LDHP was adopted when the existing properties in the area existed and therefore with the land use designation and the requirements of the Planning Circular 8/89 that any dwelling needed to be substantial and set in large grounds; then it was accepted this situation would occur of larger properties set adjacent to small existing properties. - 6.9 In terms of the requirements of paragraph (b); each dwelling is located within a plot of land that complies with the minimum size of 1 acres (0.4 hectares), being 1.4 acres. - 6.10 Furthermore, the dwelling is set back from the Phildraw Road (main dwelling house 47.4m & attached garage block 30m from roadside boundary) with spaces to the side and rear boundaries which would result in a dwelling within spacious gardens, and not appearing an overdevelopment of the site. - 6.11 The proposals does not proposes to remove any trees. The submission also proposes to plant substantially more trees. The site is relatively flat and therefore the dwelling sit comfortably with the existing ground contours of the site. The only main changes are those to the front roadside boundary to accommodate the drainage mound, as set out in paragraph 2.5. The proposal will result in a sloping bank which is not so different than exists today, arguable more uniformed in appearance. The proposal includes tree planting (Nr 10) to this front roadside area. It is considered the proposal will appearance similar to the frontage of the neighbouring property The Quadrant. Overall, it is considered the proposal once completed and landscaped will site well within the street scene and in keeping with the character and appearance of the countryside setting. - 6.12 Overall, it is consider the proposed design, size, proportion, form and finishes would be appropriate in this location, resulting in a substantial dwelling of high architectural quality, be in keeping with the variety of properties along this section of Phildraw Road and meet the aims of the "Proposed - Low Density Housing in Parkland" land use designation. Accordingly, the proposal would comply with Planning Circular 8/89, General Policy 2 and Housing Policy 6 of the IOM Strategic Plan. POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES - 6.13 Generally when considering potential impacts of a development upon neighbouring amenities the key considerations are loss of light, overbearing impacts upon outlooks and/or overlooking resulting in a loss of privacy. - 6.14 The properties most likely to be affected by the dwelling would be; The Quadrant to the north, Phildraw and Vinette both to the east of the site on the opposite side of Phildraw Road, and Langdale to the south of the site. The Quadrant - 6.15 This property lies to the north of the site and would be approximately 20m to 21m away. There are no first floor windows within the first floor of the proposal. The proposals northern elevation would face towards the gable elevation of The Quadrant. The boundary treatment is made up of grass bank with shrubs and gorse which is proposed to be retained. Overall, it is
considered the design of the proposal, distance retained and orientation of the two dwellings would ensure no significant impacts would result to neighbouring amenities of The Quadrant.
Phildraw and Vinette
6.16 These two properties located on the opposite side of the Phildraw Road. Phildraw being approximately 57m away and Vinette approximately 48m away. Measurements taken from the closest point of the proposal. Give these distances it is not considered the proposal would result in any significant impacts upon neighbouring amenities. Langdale - 6.17 This property to the south of the proposal would be approximately 34.8m from its closest point. The southern gable elevation of the new dwelling has no first floor windows looking towards Langdale. The boundary treatment is made up of a mature high hedgerow, timber fence and trees, shrub and gorse which are all proposed to be retained. It is considered the design of the proposal, distance retained and orientation of the two dwellings would ensure no significant impacts would result to neighbouring amenities of Langdale. - 6.18 Overall, it is considered the proposed dwelling and associated works would not have any significant adverse impacts upon neighbouring amenities to warrant a refusal of the application and comply with General Policy 2 of the IOM Strategic Plan and the Residential Design Guide. - 6.19 POTENTIAL IMPACTS UPON HIGHWAY SAFETY - 6.20 The proposal would use an existing approved access (16/00354/A, 17/00960/B and 19/01321/B) which has visibility splays of 2.4m x 73.25m to the north along the Phildraw Road and 2.4m x 83m to the south along the Phildraw Road. This access is shared with the neighbouring property The Quadrant. Highway Services have raised no objection to the access arrangement proposed to be used by the new dwelling.
6.22 In terms of parking provision the dwelling is required to have at least two off road parking spaces. This is provided by the extensive hardstanding/turning area to the front of the dwelling and by the three car integral garaging. - 6.23 Overall it is considered from a highway perspective and parking provisions the proposals would comply with General Policy 2 and Transport Policy 4 & 7 of the IOM Strategic Plan. Drainage - 6.24 A updated Drainage Strategy has been included in support of the application which has been prepared by Axis Consulting Engineers Ltd. The applicants have indicated that in terms of drainage that: "The foul water from will be via new pipework to a private STW located in the rear garden. The disposal of surface water has been discussed with Manx Utilities and is will incorporate new pipework and SUDS to discharge to the proposed pond in front garden where attenuated before discharge to surface water drainage which directly enters Awin Ruy watercourse to the rear of Vinette via and existing 450mm pipe and spillway." - 6.25 The relevant Drainage Authorities and EPU have raised no objection. It should also be noted that a Building Regulations Application would be required to determine the precise details of the drainage for the site. However, the Department is comfortable at this stage that the site can adequately be drained (foul/surface water). Other matters - 6.26 The solar panels to the rear of the site within the rear garden raise no concerns and would meet the Climate Change aims of renewable energy and less reliance on fossil fuels. Being to the rear of the site and set behind the new dwelling would ensure they are not publically visible. It is also noted that air source heat pumps are proposed, and again these raise no concerns.
7.1 Overall, it is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2016), Area Plan for the South, and Planning Circular 8/89 - Low Density Housing in Parkland having no significant adverse impacts upon public and private amenities for the reasons set out in this report.
7.2 It is recommended that the application be approved. 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
Decision Made: Permitted Date: 14.04.2025 Signed : Presenting Officer
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