23 November 2010 · Committee
Field 432503, Phildraw Road, Ballasalla, Isle Of Man, IM9 3eg
The application sought approval in principle for two detached dwellings with associated access on a just-over-three-acre field on the western side of Phildraw Road, north west of Ballasalla village. The site sits between two existing dwellings — Thrang End to the south west and Cavendish House to the north east — and slopes upward by around 9 metres over 160 metres from south east to north west, with sod hedges and scattered small trees at its boundaries. The key planning test was compliance with Circular 8/89, which governs low-density housing in parkland settings. The proposal satisfied this by placing each dwelling within landscaped grounds of at least one acre, consistent with how nearby approvals at The Quadrant were assessed. Visibility splays of 2 m by 90 m were proposed, meeting the maximum standards applied to nearby sites. Conditions were attached requiring dwellings to face towards Phildraw Road and to be set back at least 40 metres from the highway, to ensure an appropriate setting and streetscene relationship.
The proposal met the principles of Circular 8/89 by providing each dwelling within landscaped grounds of at least one acre and achieving the required highway visibility standards. Conditions securing a minimum 40-metre setback from the road and front elevations facing Phildraw Road addressed concerns about the dwellings' relationship with the streetscene. The Planning Committee was satisfied the development was acceptable in principle subject to those conditions.
Low Density Housing in Parkland
The proposal is required to comply with the principles of Circular 8/89
General Policy 2
adopted policies on residential development are set out principally in the Strategic Plan at General Policy 2
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
General Policy 3
General Policy 3 and relate to planning policies for development within land use zones and development outside areas zoned for development
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Housing Policy 15
Housing Policies 15 and 16 set out policies for the extension of dwellings in the countryside
Housing Policy 16
Housing Policies 15 and 16
Housing Policy 16: The extension of non -traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public. 8.13 Conversion of Buildings to Flats 8.13.1 There are in the Island, and particularly in Douglas, many substantial buildings which, because of their size or form, are no longer suitable for the originally intended use as either single dwellings or holiday accommodation, but which are still structur ally sound. The Department has for many years encouraged the conversion of such buildings, where appropriate, into flats. 8.13.2 The size, layout, occupancy, etc., of flats are controlled by the Housing (Flats) Regulations 1982. However, all flats should also have a good external environment, characterised by - (a) a pleasant, clear outlook, particularly from the principal room(s) of the flat and (b) access to external space for the purpose of clothes-drying, refuse storage, car-parking, and general amenity. 8.13.3 Many buildings which are generally suitable for conversion into flats not only have very little space around them, but also have an annex or "outlet" at the rear. The Department may require the demolition, in total or in part, of such "outlets" even where the immediate use of the cleared space may not be possible, for example where more than one rear annex may be needed to be removed to gain access or highway work such as road widening may be required to make the cleared space useful. Such demolition will: (a) remove accommodation which has a poor environment and limited outlook; (b) permit the creation of parking space; and (c) assist in admitting light and air to the rear of the building proper. Where such demolition is not so required, the accommodation must generally be organised so that every flat has an outlook from the front of the building, and so that no flat is contained entirely within an "outlet". Exception may be made to this general approach where the environment at, and the outlook from, the rear are pleasant and open.
Condition 1
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 matters, whichever is the later.
Condition 2
Approval of the details of siting, design, external appearance of the building[s], internal layout and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.
Condition 3
This permission relates to the principle of the erection of two dwellings on the site and the creation of access, as shown in drawings K211/P/10-01 received on 16th July, 2010 and K211/P/10-04A and K211/P/10-05A received on 1st October, 2010.
Condition 4
Each dwelling must be substantial and designed as finished to a high quality and sited in at least one acre of its own grounds such as to sit comfortably and naturally in a landscaped setting which acknowledges existing trees and ground contours.
Condition 5
In order to sit comfortably within the streetscene, each dwelling must have a fair face or front elevation facing towards the public highway and must be sited at least 40 m from the highway.
Condition 6
Applications for the reserved matters must include a landscaping scheme which identifies the existing trees on site and indicates those to be retained and measures for their protection during the construction process.
