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Application No.: 10/01245/B Applicant: Dexterity Limited Proposal: Erection of a dwelling with detached garage Site Address: Plot 2 Adjacent To Arbory Vicarage Main Road Ballabeg Castletown Isle Of Man ### Considerations Case Officer : Miss S E Corlett Expected Decision Level: Planning Committee ### Written Representations Ballablack farm Colby IM94LL Objects to the proposal Ballablack Farm Colby Isle Of Man IM9 4LL Objects to the proposal ### Consultations Consultee : IOM Water \& Sewerage Authority (Water) Notes : no objection. Consultee : Drainage Division Notes : No objection Consultee : Highways Division Notes : Do not oppose Consultee : Arbory Parish Commissioners Notes : comments. 22.10.10 - no comment. Consultee : Manx Electricity Authority Notes : Comments received
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THERE IS AN OBJECTION FROM THE LOCAL AUTHORITY AND THE APPLICATION IS RECOMMENDED FOR APPROVAL
The site represents an approved plot on a larger piece of land situated between the Vicarage and the Church yard on the northern side of the Main Road (A7) through Ballabeg. The overall 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 alongside, to the west, of plot 1 which is at the front of the site: plot 2 sits immediately behind this and adjacent to the cemetery boundary with plot 3 immediately to the west.
The overall site slopes upward from south to north by approximately 6 m over 70 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.
Planning permission was then granted for the principle of three dwellings on the site under PA 10/0137.
The owners of Ballablack Farm object to the application on the basis of current congestion around the primary school. Approval in principle has already been granted, to which there was no objection from this party. Following the submission of the further plans, this party confirms their objection and asks that an officer visits the site between 0845 and 0910 hrs to see the current congestion. The reporting officer is aware of the congestion surrounding the school, both in the morning and in the afternoon when the school closes where parked vehicles reduce the carriageway to almost single vehicle width and there are tailbacks in both directions from the school.
Highways and Traffic Division indicate that they have no objection to the application
The Manx Electricity Authority seeks consultation regarding the provision of an electricity supply which is not a material planning consideration
The Isle of Man Water and Sewerage Authority seeks conditions regarding the disposal of surface and foul water from the site. This is as shown and proposed and as such a condition is not necessary
Arbory Parish Commissioners are concerned about the height of the property, the intrusiveness of the windows in the elevation facing the graveyard and the lack of screening between the two. The Commissioners have no further comments to make on the amended plans.
Now proposed is a full application providing the details of the erection of a dwelling on plot two which would be positioned to the rear of plot one. A condition of the earlier permission required that the application for reserved matters must be made to the Planning Authority within two years of the date of the notice (20th May, 2010) which has been complied with. Another condition requires that the application for reserved matters must demonstrated that the development does not result in a diminution in the privacy and amenities of those in the residential properties alongside or those visiting the churchyard.
Conditions were also applied requiring the demonstration of how the existing trees on site would be protected during and after construction and any new planting. The canopy of none of the trees encroaches into the footprint of the house although that of one of the trees alongside the access road does and as such work should be undertaken carefully to avoid damage to the tree. A proposed horse chestnut tree is proposed in the front garden of the proposed dwelling.
Two parking spaces are required per dwelling, which is proposed within the application, as well as a detached garage.
No development on the dwellings may commence until the access has been implemented. The dwelling has decorative fascia boarding and the general proportion and form of The Vicarage, with a central projecting gable, vertically proportioned windows and an attached garage with a driveway which would accommodate two vehicles.
The development will require a certain amount of cut and fill - the proposed dwelling will be 0.5 m higher than the estate road immediately in front of the plot and 1.75 m higher than the floor level of the dwelling proposed on plot 1.
As originally proposed, the side elevation facing towards the graveyard contains no windows and the dwelling was orientated such that an angled view could be available towards the cemetery. As amended the orientation has changed such that the rear of the dwelling looks directly towards the rear of the site and thus not towards the graveyard and there are still no windows in the side elevation.
A new beech hedge is to be planted along the boundary with the graveyard, as advocated by the Forestry Officer.
The proposal otherwise accords with the requirements of the approval in principle and as such is recommended for approval.
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 Isle of Man Water and Sewerage Authority are a statutory authority and should be afforded party status in this instance.
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.
The Manx Electricity Authority raises concerns which are not material planning considerations and as such should not be afforded party status
The owners of Ballablack are not directly affected by the proposal and should not be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 21.01.2011
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the erection of a dwelling as shown in drawings 64.4.10 Rev B and 62.2.10 Rev A both received on 11th November, 2010.
C 3. No other development may commence until such times as the new access as shown in the approved drawings and including the visibility splays with the highway, has been implemented and it is available for use.
C 4. Prior to the commencement of any works on site other than the setting out of the access onto the main road, each tree shown to be retained must be fencing off under the dripline/extent of the canopy spread and thereafter the area between the trunk of each tree and the protective fencing referred to as the protected area - must remain free from excavation or the deposit of material and no equipment nor vehicles may be stored or parked within this area. The fencing must remain in place until such times as all excavation, paving, installation of services, surfacing and changes of level are completed.
If it transpires that approved works are to be undertaken within a protected area, the applicant must have approved by the Planning Authority a method statement setting out how the works will be undertaken without adversely affecting the roots of the tree(s) prior to the undertaking of any works in this/these area(s).
C 5. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
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
YES/NO
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