22 May 2014 · Delegated
Field 432533 (Formally 2533), Phildraw Road, Ballasalla, Isle Of Man, IM9 3eg
The application varied a condition attached to an existing outline approval (PA 12/00525/A) for three dwellings on a 7.7-acre parcel on the western side of Phildraw Road, Ballasalla. The extension was sought to allow additional time to prepare reserved matters applications, as the matter of access had been resolved but other reserved matters remained outstanding before development could begin. The site sits in an area characterised by a mix of modest dwellings and larger properties in substantial grounds, and the proposed development of larger houses aligns with Planning Circular 8/89, which supports large houses set in landscaped grounds of at least one acre. The officer noted that while it was disappointing the site had not yet been developed, there is a perceived need for larger properties in this relatively sustainable location close to Ballasalla, and the site remains appropriate for the consented form of development. The reserved matters deadline was amended to 17 May 2016 as part of the approval.
The extension was permitted because the site continues to be considered suitable for development, the access arrangements already approved remain appropriate, and maintaining the development potential of the land is in the public interest.
Planning Circular 8/89
provision of land for the development of large houses set in their own landscaped grounds of at least one acre in area
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
Details of the details of the siting, design, external appearance of the buildings, internal layout, means of access, landscaping of the site; (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Planning Authority before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved.
Condition 2
The application for approval of reserved matters shall be made to the Planning Authority prior to 20 May 2016.
Condition 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 mattersm whichever is the later.
Condition 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.
Condition 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 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.
Condition 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.
