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Application No.: 10/00137/A Applicant: Dexterity Ltd Proposal: Approval in principle for erection of three dwellings Site Address: Land Adjacent To Arbory Vicarage Main Road Ballabeg Castletown Isle Of Man IM9 4LG Considerations Case Officer: Miss S E Corlett Photo Taken: 06.05.2010 Site Visit: 06.05.2010 Expected Decision Level: Senior Planning Officer Written Representations Consultations Consultee: Highways Division Notes: Do not oppose subject to the imposition of the following conditins: Consultee: Arbory Parish Commissioners Notes: Do not object 23.04.10 - no objections. Consultee: Drainage Division Notes: defer - awaiting percolation tests results due to be carried out Monday 8th. 18.03.10 - no objection subject to the following conditions:- 15.04.10 - no objection subject to the following conditions... Consultee: Manx Electricity Authority Notes: see note 2 Consultee: Manx National Heritage Notes: Comments received
10 May 2010 10/00137/A Page 1 of 5
The site represents an L shaped pied and situated between the Vicarage and the Church yard on the northern side of the Main Road (M7) through Ballabeg. The site has a frontage to the main road of 22 m and the boundary with the cemetery stretches to 71 m , running north-south. The Vicarage sits roughly in the centre of the width of the plot to the west and set back from the footway by around 20 m .
The site lies within an area designated as Residential on the Arbory and East Rushen Local Plan and on the draft Southern Area Plan which was published on 23rd October, 2009 and on these plans, within a proposed Conservation Area.
PA 98/00484 proposed the principle of the erection of a new replacement vicarage within the site. This application was approved initially, subject to conditions requiring that the new building complement the existing vicarage. However, on review the application was refused for the reason that ". a building, however sympathetically designed, between the existing vicarage and the churchyard would affect adversely the appearance of the character of an area which has been recognised as having potential for designation as a Conservation Area".
At the time of the initial decision, the Arbory and East Rushen Local Plan had not been approved by Tynwald. By the time of the review, the plan had been adopted.
Planning permission was granted for the principle of a two storey apartment building under PA 06/1500 and for the principle of two dwellings on the site under PA 08/1736. Alterations to the access and The Vicarage building were approved under PA 09/1602. When works commenced, a case was raised with the Planning Enforcement Officer in respect of the materials from the site which had been piled up underneath the existing trees on site and which could have resulted in the eventual loss of the trees through the compaction of the root systems. The material has now been cleared from further away from the trunks of the trees but demonstrates a lack of care and professionalism in respect of works undertaken on the adjacent site (which is within the ownership and control of the applicant) to date, as far as protection of the trees is concerned.
Now proposed is the principle of the erection of three dwellings on the site. The built development now extends to behind The Vicarage and the illustrative drawings submitted show a dwelling within 13 m of the rear of the vicarage with a "proposed hedge" between the two. The originally submitted drawings do not include an accurate tree survey and there are mature trees on the boundary to the west and east, and no levels and no indication of the windows or outlook from the vicarage nor are the buildings to the west, in Vicarage Close, shown.
The applicant's agent has provided additional plans in the form of a site plan with an indication of trees on site and levels although the trees do not appear to have been plotted accurately in terms of canopy spread and the levels do not relate to existing or proposed buildings.
The nearest property in Vicarage Close does not look directly towards the rear of the nearest proposed property and is in excess of 20 m from the closest two storey window.
Arbory Parish Commissioners initially indicated that they had no objection to the application but suggested that the dwellings were single storey to avoid impact on the churchyard immediately alongside.
The Manx Electricity Authority recommend consultation regarding proposed electricity supplies
Manx National Heritage recommends that the development demonstrates that the design is appropriate to the historical setting and the potential Conservation Area, as few trees as possible are lost and that The Vicarage itself is retained
Drainage Division (now the Isle of Man Water and Sewerage Authority) recommends conditions to ensure that the development is connected to the main foul sewer and that no surface water is discharged thereto
Department of Transport Highways and Traffic Division (now Department of Infrastructure) indicate that they have no objection subject to the visibility splays of 2 m by 90 m are achieved and that vehicular access is sufficient to accommodation two way traffic.
The principle of development on this site has been previous accepted and the addition of a further dwelling can be accommodated without detriment to the amenities of either those in The Vicarage of the properties in Vicarage Close. Care will have to be taken regarding the position and design of the proposed dwellings to avoid harming the amenities of those visiting the churchyard but many other cemeteries on the Island have residential development very close to them - St. Peter's in Onchan, Kirk Michael and St. Runius in Marown. The careful orientation of the building and exclusion of windows in first floors could obviate any intrusion into the privacy of those visiting the churchyard and at the same time preserve the privacy of those in the proposed dwellings.
The access is being improved although no specific visibility splays have been shown on the previously approved drawings and the addition of one further dwelling on the site will not justify further improvements to the access which has already been accepted. The provisions for drainage advocated by the drainage authority are being proposed in the application but may be re-iterated in a condition.
There are trees on site, mainly sycamores, which may be threatened by the construction of the access road which is right alongside the site and their removal and replacement by species more suitable to a residential development should be achieved through the reserved matters application. The remaining trees on the site should not be endangered by the proposed development and could and should be adequately protected during the development.
As such, the proposed principle is considered to be acceptable.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Manx National Heritage and the Drainage Division represent a statutory authority and raise material planning consideration and as such should be afforded party status in this instance
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