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The site represents a field situated on the western side of the Phildraw Road, to the north west of Ballasalla village. The site is situated between two existing dwellings - Thrang End to the south west and Cavendish House to the north east. The site is a little over three acres in size and a small part of the site frontage onto the Phildraw Road is outwith the ownership of the applicant and is used for
recreational purposes by a third party who resides some distance from this site (see Planning History below).
The application site is devoid of built structures and has sod hedges around its boundaries with some small trees scattered around the edges.
The site slopes upward from south east to north west by approximately 9 m across a distance of 160 m .
The site sits opposite a property known as Ballavoddan in whose grounds permission has been granted for the erection of a dwelling which involved the re-alignment of the roadside hedge and the removal of roadside trees (PA 09/0023). These works are presently being undertaken and are resulting in an attractive but still very natural roadside environment.
The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Proposed Low Density Housing in Parkland with the riverside trees identified as Woodland. This type of housing development is the subject of Planning Circular 8/89 - Low Density Housing in Parkland which states that all trees within such areas are deemed to be Registered. Development within such areas must take the form of substantial dwellings, designed and finished to the highest quality and each dwellings being sited in at least 1 acre of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees. Satisfactory access and provision of services is also required and any application for such development must include a detailed and accurate survey of all existing trees on site.
On the draft Southern Area Plan which was published on 23rd October, 2009 the site lies within an area which is not designated for development, the Low Density Housing in Parkland designation having been removed with the following advice provided within the draft Written Statement: "3.7 Particular Issues in the Allocation of Residential Land - Sites for Larger Houses 3.7.1 There is a need for the Area Plan to plan for the provision of a full range of housing types and tenures; this includes open market housing. Within this sector there is a growing demand for larger houses, often in a countryside location to reflect the increasing standard of living in recent years and the needs of some people moving to the Island. The Issues and Options document sought views on the question of whether the Area Plan should allocate land for the development of large houses in the countryside. There did seem to be a split of opinion between those favouring the allocation of land with stringent criteria and those who felt that there was no need to address the need for larger houses at all. Other key points that were made included:
3.7.2 The Department promoted the countryside protection policies in the Strategic Plan now approved by Tynwald. While it does not now accept that there is sufficient need to justify the allocation of land by way of areas or individual plots in the open countryside specifically for the development of new 'high net worth' properties, the Department recognises that in some cases some existing large properties could be extended or adapted without adverse impacts on the countryside.
3.7.3 The Department has therefore recently carried out a survey on the existing land use category 'Low Density Housing in Parkland' and examined the existing policy framework. The Department judges that the designation of well chosen dwellings and their extensive landscaped grounds in a category 'Houses in Parkland' has the potential to satisfy some of the demand for larger houses in the countryside by increasing the scope for more extensive extension or alteration of such properties. It would also allow for extensions to be proposed at a size greater than would be permitted under current policy. 3.7.4 The Isle of Man Planning Scheme (Development Plan) Order 1982 as well as the Arbory and East Rushen Local Plan identified some of the existing large dwellings in the South as 'Existing Low Density Housing in Parkland'. Also identified on the 1982 Plan is an area of 'Proposed Low Density Housing in Parkland' on the west and eastern sides of Phildraw Road, Ballasalla. Policy guidance for existing areas of Low Density Housing in Parkland is currently provided by Planning Circular 8/89. An important theme set out in this Circular is that "the erection of further dwellings in areas of existing Low Density Housing in Parkland, will be permitted only in exceptional circumstances" (paragraph 3). New dwellings may be permitted in areas designated as proposed Low Density Housing in Parkland but the guidance stresses that buildings must be substantial and designed and finished to the highest quality and each dwelling must be sited, in at least 1 acre ( 0.4 ha ) of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees (paragraphs 4 a and 4 b ). It should be noted that all trees within sites which are identified as Low Density Housing in Parkland are deemed to be Registered under the provisions of the Isle of Man Planning Scheme (Development Plan) Order 1982 (Part 4, paragraph 16). 3.7.5 The adopted policies on residential development are set out principally in the Strategic Plan at General Policy 2 and General Policy 3 and relate to planning policies for development within land use zones and development outside areas zoned for development respectively. Both Policies set out guiding principles for development. Housing Policies 15 and 16 set out policies for the extension of dwellings in the countryside. 3.7.6 Housing Policies 15 and 16 refer to existing traditionally styled properties and non-traditional properties or those of poor appearance respectively. Housing Policy 15 aims to retain the contribution of the more traditional properties to the rural landscape by limiting extensions. Housing Policy 16 accepts that in the case of non-traditional properties or those of poor appearance the size of extension will be governed by the impact of the building. 3.7.7 Having considered the content of the Housing Policies set out in the Strategic Plan, and advice in Planning Circular 8/89, the Department judges that it would be helpful to clarify and acknowledge the status of larger houses in their own grounds in the countryside, by identifying them on the Area Plan and by setting out appropriate policy guidance. Such dwellings would have the potential to develop in the future as 'Houses in Parkland'. Whilst a substantial size of property would be accepted, and thus allow for a larger increase in floorspace than currently permitted under Housing Policy 15, further dwellings within the curtilage will not be allowed. Such properties would need to sit within substantial landscaped grounds or be capable of providing such a setting. 3.7.8 The Department recognises that, in addition to any landscape impact, development in the countryside has an impact in terms of its overall sustainability. This impact is caused by a variety of factors such as construction materials, transport impacts, energy, water and waste requirements and use of local services. These impacts are one of the reasons that the Department has adopted the strategy of promoting sustainable development by locating most development in existing settlements or suitable extensions to them. In proposing to allow some larger houses, based on extensions to or replacement of existing houses, it is important to minimise the wider sustainability impacts. To this end, the Department will require that such development be designed to the highest standards, for example to the higher level of the Code for Sustainable Houses or BREEAM. In addition, to mitigate the wider impacts, the Department will establish a 'Sustainability Offset Fund'. The extent of the contribution will be based on a proportion of the construction cost of any works reflecting the wider
impacts. The Department intends to consult more widely on this concept as it has implications for future development in other parts of the Island as well. 3.7.9 A number of 'Houses in Parkland' (HiP) sites have therefore been identified on the Proposals Maps (see Appendix 3). It is the Department's intention to produce a Planning Policy Statement on Houses in Parkland (to replace Circular 8/89) but pending the publication of such, a number of interim policies are proposed which are set out below. Such policies will aim to ensure that development proposals retain the character and status of the dwellings in any new scheme and that the landscaped setting is preserved and where appropriate, enhanced so as to protect the wider landscape.
Housing Policy 1: Within areas designated as 'Housing in Parkland' there is a presumption against the erection of further dwellings other than in exceptional circumstances.
Housing Policy 2: Development within sites which are identified as Housing in Parkland will only be permitted where the character of the property and the site is preserved or enhanced. Such properties must be substantial and any proposals designed and finished to the highest quality and sit comfortably and naturally within their own landscaped grounds. Existing trees within such sites should generally be retained unless their amenity value is not considered to be positive (the advice of Department of Agriculture, Fisheries and Forestry will be obtained in this respect) and any trees to be lost must be replaced by new trees of a type and species and in a location approved by Department of Agriculture, Fisheries and Forestry.
Development proposals must also acknowledge the policies within the Strategic Plan - Environment Policies 1 and 2 - which seek to protect the Island's countryside for its own sake and the impact of any alterations or extensions to existing large houses in the countryside will also be considered in respect of the visual impact they have on their surrounding landscape.
Housing Policy 3: Development proposals within sites which are identified as Housing in Parkland which include extensions of a significant nature or replacement dwellings must include a landscaping master plan for the entire site.
Housing Policy 4: Development proposals within sites which are identified as Housing in Parkland which include extensions of a significant nature or replacement dwellings must include a design statement which demonstrates how the environmental impacts of such are to be offset on site. In addition, the Department will require a contribution to the Sustainability Offset Fund to offset the wider sustainability impacts of the development.
Housing Recommendation 1: Government will investigate and work towards setting up a Sustainability Offset Fund which is intended to mitigate the impacts of substantial development within Housing in Parkland sites. If and when this becomes operational, the Department will require a contribution to this fund by applicants in particular circumstances. 3.7.10 There are areas on Phildraw Road in Ballasalla which have been suggested for 'Proposed Low Density Housing in Parkland' in the Call for Sites exercise. As a result of recent Appeal decisions in this area, the Department is reviewing in more detail the existing and proposed Low Density Housing in Parkland designations around Phildraw Road. Whilst the Malew Commissioners suggest extending this area quite considerably, this suggestion and others needs to be considered in light of this review. Part of this designation however, already has a valid approval in principle permission (PA 08/0913). It is judged appropriate to set out a development brief for this site which reflects this existing approval (see Development Brief 1)."
Since the publication of this draft plan, planning permission has been sought for the development of a site directly opposite the application site - PA 09/0023 which was permitted on appeal. Permission was also sought but refused for the development of three dwellings on the site to the north east of Langdale - PA 08/2056. The issues in respect of these applications were quite different although both shared concerns raised by various parties in respect of the adequacy of the visibility splays provided which in the case of the Ballavoddan application were 2 m by 36 m and in the case of The Quadrant were 2 m by 60 m although the Highways and Traffic Division was prepared to accept 2 m by 54 m .
Planning permission was sought for the erection of a shed on the land alongside the site within the frontage to Phildraw Road under PA 08/0436. This application was refused and an appeal requested but withdrawn before the appeal was considered. A further application was submitted, PA 08/1106 which was also refused but permitted on appeal.
Planning permission has been granted, as noted above, for the erection of a dwelling at Ballavoddan, opposite, and work has commenced on this scheme. Planning approval in principle also exists for three dwellings to the south west of Thrang End and permission was refused for three dwellings to the north of Langdale, refused on highways grounds. Permission has been granted for alterations and extensions to Cavendish House (formerly The Hermitage) such that the former modest bungalow was extended but not such that the finished property would comply with the design and size criteria for large houses in their own grounds as set out in Circular 8/89.
Planning permission was sought for the layout of three plots on land to the north of the site, at a site called The Quadrant which inclded 3.11 acres of land. This was refused by the Planning Committee on the basis of over-development - each plot would have been accommodated in just its own plot, including access and also for reasons relating to a safe access. This refusal was confirmed at appeal but only for reasons relating to highway safety.
Now proposed is the principle of the development of two dwellings on the site. Each plot would be 1.3 acres in size, both served by a single point of access from the Phildraw Road with visibility splays of 2 m by 90 m . A very small part of the splay to the south west is across land owned by Thrang End. No trees are to be felled as a result of the proposed works. The houses shown for illustrative purposes are orientated such that the property closest to the road is looking south west and the second house is facing south east. Thrang End faces south west, Cavendish House faces directly towards Phildraw Road and the smaller roadside properties are aligned with Phildraw Road. The proposed dwelling on the Ballavoddan site will face south east but is largely hidden from view from Phildraw Road.
An amended plan has been submitted including a number of trees on the front boundary which were omitted from the originally submitted site plan. These trees will be removed to accommodate the proposed access. The trees are generally poor in quality and amenity value.
The application is stated to be an approval in principle. However, of those matters to be reserved for future approval, the details of the access have been provided and are considered to be satisfactory and as such, access need not be reserved for future approval and should be considered within this application.
The owners of Fir Lea express concern that the draft Southern Plan does not make provision for the development of this site and as such the application should not be permitted.
A resident of Douglas suggests that the development would be sporadic or ribbon development. The Highways and Traffic Division raise no objection to the application.
The MEA request a condition regarding the provision of an electricity supply to the development. This is not a material planning consideration and should be referred to in the schedule of conditions.
The proposal is required to comply with the principles of Circular 8/89 and the proposal does this in respect of proposing dwellings which sit within landscaped grounds of at least one acre in the same way that the proposed dwellings at The Quadrant did. Visibility splays of 2 m by 90 m are proposed which would comply with the maximum standards which have been required in respect of nearby sites.
Development in the vicinity tends to be facing directly towards Phildraw Road and the proposed dwellings may be more complementary if they did this, rather than facing at an angle or having the side of the dwelling to the road. This would create more of an appropriate setting for the dwellings, as is required by the Circular.
The larger dwellings also appear to be set back from Phildraw Road by at least 40 m and a condition should be attached to require this, to establish an appropriate setting for the development.
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 Highways Division is now part of the Department of Infrastructure and should not be afforded party status
The Manx Electricity Authority do not raised material planning considerations and as such should not be afforded party status in this instance.
The occupants of Fir Lea and the property in Douglas are not directly affected by the proposal and should not be afforded party status.
Recommended Decision: Permitted
Date of Recommendation: 05.11.2010
C 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.
C 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.
C 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.
C 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.
C 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.
C 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.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Authority Meeting Date :
Signed : Presenting Officer Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate
| Consulttee: | Manx Electricity Authority |
| Notes: | see note 2 |
| Application No.: | 10/01078/A |
| Applicant: | Mr Duncan Williamson |
| Proposal: | Approval in principle for the erection of two detached dwellings with associated access |
| Site Address: | Field 432503 Phildraw Road Ballasalla Isle Of Man |
| Case Officer: | Miss S E Corlett |
| Photo Taken: | 19.08.2010 |
| Site Visit: | 19.08.2010 |
| Expected Decision Level: | Planning Committee |
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The site represents a field situated on the western side of the Phildraw Road, to the north west of Ballasalla village. The site is situated between two existing dwellings - Thrang End to the south west and Cavendish House to the north east. The site is a little over three acres in size and a small part of the site frontage onto the Phildraw Road is outwith the ownership of the applicant and is used for
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