DEC Decision Notice

Mr \& Mrs Jay Mairs Farmhill Farm Farmhill Lane Douglas Isle Of Man

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mr \& Mrs Jay Mairs, Ref 13/00646/B, for the Erection of dwelling to replace disused storage building at Outbuilding Farmhill Farm Farmhill Lane Douglas Isle Of Man subject to compliance with the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Numbers HLK/12/0130 1A (survey block plan and levels); HLK/12/0130 2 (location plans and proposed site layout); and HLK/12/0130 2a (proposed elevations and floor plans) received on 30 May 2013.
3. The dwelling hereby approved shall not be occupied until the means of access has been constructed in accordance with Drawing Number HLK/12/0130 2 received on 30 May 2013. There shall be no obstruction to visibility greater than one metre above adjacent ground level within a visibility splay measured across the top of the driveway and two metres back from the carriageway edge.
4. No works to implement this planning permission shall be carried out unless tree protection measures that accord with British Standard 5837:2012, or such other standard or specification which shall have first been submitted to and approved in writing by the Planning Authority, have been put in place to protect the trees situated with the canopy spread shown on Drawing Number HLK/12/0130 2 received on 30 May 2013. The tree protection measures shall be retained for the full duration of the construction phase.
5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any order revoking and re-enacting that Order with or without modification) no garages or other free standing buildings shall be erected within canopy spread shown on Drawing Number HLK/12/0130 2 received on 30 May 2013, without the grant of express planning application.

NOTE The applicant/developer should contact the Manx Electricity Authority to discuss power supply to the new dwelling.

The Isle of Man Water and Sewerage Authority advises that the new dwelling must be connected to the public sewers. There should be no discharge of surface water into any foul drainage system. The applicant/developer should discuss detailed drainage arrangements with the Water and Sewerage Authority ahead of the detailed design stage.

The applicant/developer should contact the Network Operations Section of the Department of Infrastructure prior to carrying out any works with the highway. Their contact number is 01624 686665.

Date of Issue: 24th July 2013

M Gallagher

Director of Planning and Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]

13/00646/B

Application No.:	13/00646/B
Applicant:	Mr & Mrs Jay Mairs
Proposal:	Erection of dwelling to replace disused storage building
Site Address:	Outbuilding
	Farmhill Farm
	Farmhill Lane
	Douglas
	Isle Of Man

Officer's Report

The Application Site

1. The application site is part of the garden of Farmhill Farm House, Farmhill Lane, Douglas. Farmhill Farm House is a private dwelling (there no longer is a farm) situated towards the end of the lane, a residential cul-de-sac.

1. The site comprises garden and outbuildings which are to be demolished. The site is situated on lower ground than the main house although the submitted plans indicated that the floor levels will be raised similar to Farm Hill Farm House. The site is bounded by mature trees and hedge along its north boundary. Beyond this to the north and east are the extensive grounds of Farm Hill Manor, a large private house. Farmhill Farm House is situated to the west. To the south is another detached dwelling, Farmhill Lodge. Access is to the immediate south and is shared with Farmhill Farm House.

The Proposal

1. The application seeks planning approval for the erection of a detached two storey dwelling with integral garage. It is very similar to a scheme approved in August 2009, reference 09/00561/B. The differences are:

• 200mm higher at the front and 500mm higher at the rear due to the provision of more accurate levels information
• Footprint is 200mm wider
• Stone plinth to the front
• Slight enlargement of the chimneys

Planning History

1. 09/00561/B – planning approval granted on 09 August 2013 for a dwelling. The scheme is very similar to the current proposal.

1. There is no other planning history of direct relevance to the current application.

Planning Policy

Case Officer:	Mr Edward Baker
Photo Taken:
Site Visit:	26.06.2013
Expected Decision Level:	Officer Delegation

1. The Douglas Local Plan 1998 identifies the area as being predominantly residential use.
2. General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant:

'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.'

1. Transport Policy 7 of the Isle of Man Strategic Plan 2007 is relevant:

'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'

Representations

1. Douglas Borough Council - no objection.
2. Highways Division - no objection subject to conditions relating to parking and visibility splays.
3. Isle of Man Water \& Sewerage Authority - no objection provided that the dwelling is connected to the public sewer. No surface water should be discharged to the foul drainage system. Details of foul and surface water drainage should be agreed at the detailed planning stage.
4. Manx Electricity Authority - the applicant should contact the MEA about electricity supply.
5. Occupier of No. 30 Farmhill Lane - offered no objection to the original application. However, understands that the new application revises the position of the dwelling and could result in the need to cut down trees. These trees have important amenity value and the

neighbour questions the need to remove them (Officer response: there is no change to the siting of the dwelling).

Assessment

Whether this is a suitable location in principle for a new dwelling

1. The site is within a built up residential area and is within reasonable access of shops, services and public transport. It is a zoned residential area in the Local Plan. The proposal would make effective use of land. The principle of development has already been established through the existing planning approval, which remains extent until next month. For these reasons, the development is considered acceptable in principle.

The effect of the proposal on the character and appearance of the area including trees with amenity value

1. The proposed dwelling is very similar in design and location as previously approved. There is no difference in the relationship of the dwelling with adjacent trees. The dwelling remains outside the tree canopy as indicated on both the previous and current applications. The design of the dwelling is considered to be of a traditional and appropriate style. Its position in relation to adjacent houses and buildings is considered satisfactory. There will likely be only limited views of the dwelling from the public realm, principally from the access at the top of Farmhill Lane. It is considered that the character and appearance of the area will likely be preserved.

The effect of the proposal on neighbour amenity

1. Of more concern is the proximity of the dwelling to Farmhill Farm House. The distance from elevation to elevation at its closest point is under 8 metres. The new dwelling is also orientated towards Farmhill Farm House. There will likely be some inter-overlooking between first floor windows (there should be no issues at ground floor because boundary screening can be put in place). The nearside windows of Farmhill Farm House appear to be bathrooms and are obscured so this is not so much of an issue. However, there is an end bedroom window and this could lead to overlooking. That being said, given the oblique angles involved any overlooking is unlikely to be serious. It is understood that the site is in the same family ownership as Farmhill Farm House, although this point is given limited weight. On balance, the issue is of overlooking is considered to be satisfactory, particularly given that the current consent could still be implemented.
2. There are no gable windows facing towards Farmhill Lodge and it is considered sufficiently far from the new dwelling such as not to cause any amenity conflict. The dwelling is 8 metres at its closest point to the rear boundary shared with Farmhill Manor, however, there is a substantial tree hedge between the two properties. Farmhill Manor has extensive gardens and is a substantial distance from the boundary. It is considered that the proposal raises no harmful amenity issues for these neighbours.

Access and parking

1. The Highways Division offers no objection to the application but advises conditions to secure at least two off street parking spaces and the provision of a visibility splay at the point of access. There is sufficient space within the site, including the garage, for two parking spaces. Concerning visibility, no splay is shown on the submitted drawings. Although no specific visibility splay is required by the existing consent, in the overriding interests of highway safety, it is considered appropriate to secure a visibiolity splay across the top of the drive where it meets Farmhill Lane.

Other matters raised during the consultation process

1. It is considered that the issue of foul and surface water drainage is in this instance largely a matter for the Building Regulations and Isle of Man Water \& Sewerage Authority.
2. The Manx Electricity Authority doesn't raise any planning issues and the applicant should be advised to contact them by way of an informative.

Conditions

1. The drawings show a tree canopy protection zone. It is prudent to withdraw permitted development rights for new garages and outbuildings within this area. Tree protection measures should also be secured during the construction phase. Finished floor levels are already shown on the submitted drawings and so, unlike the existing approval, a condition is not required. Implementation of the access in accordance with the submitted drawings should be secured as before.

Recommendation

1. It is recommended that consent is approved.

Party Status

1. The Local Authority, Douglas Borough Council, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.
2. The Isle of Man Water \& Sewerage Authority does not raise any substantial planning issues and is not therefore considered an Interested Party.
3. The Manx Electricity Authority doesn't raise any material planning issues and should not be granted Interested Party Status.
4. No. 30 Farmhill Lane is a near neighbour to the site and should be granted Interested Party Status.
5. The Highways Division is part of the Department of Infrastructure and not an Interested Party.

Recommendation

Recommended Decision: Permitted

Date of 17.07.2013

Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Numbers HLK/12/0130 1A (survey block plan and levels); HLK/12/0130 2 (location plans and proposed site layout); and HLK/12/0130 2a (proposed elevations and floor plans) received on 30 May 2013.

C 3. The dwelling hereby approved shall not be occupied until the means of access has been constructed in accordance with Drawing NumberHLK/12/0130 2 received on 30 May 2013. There shall be no obstruction to visibility greater than one metre above adjacent ground level within a visibility splay measured across the top of the driveway and two metres back from the carriageway edge.

C 4. No works to implement this planning permission shall be carried out unless tree protection measures that accord with British Standard 5837:2012, or such other standard or specification which shall have first been submitted to and approved in writing by the Planning Authority, have been put in place to protect the trees situated with the canopy spread shown on Drawing Number HLK/12/0130 2 received on 30 May 2013. The tree protection measures shall be retained for the full duration of the construction phase.

C 5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any order revoking and re-enacting that Order with or without modification) no garages or other free standing buildings shall be erected within canopy spread shown on Drawing Number HLK/12/0130 2 received on 30 May 2013, without the grant of express planning application.

N 1. The applicant/developer should contact the Manx Electricity Authority to discuss power supply to the new dwelling.

The Isle of Man Water and Sewerage Authority advises that the new dwelling must be connected to the public swers. There should be no discharge of surface water into any foul drainage system. The applicant/developer should discuss detailed drainage arrangements with the Water and Sewerage Authority ahead of the detailed design stage.

The applicant/developer should contact the Network Operations Section of the Department of Infrastructure prior to carrying out any works with the highway. Their contact number is 01624 686665.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted

Determining officer (delete as appropriate) Signed : $\qquad$ Anthony Holmes Senior Planning Officer Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control

Signed : $\qquad$ Sarah Corlett Senior Planning Officer Signed : $\qquad$ Jennifer Chance Development Control Manager

PA13/00646/B Mr \& Mrs Jay Mairs Erection of dwelling to replace disused storage building, Outbuilding Farmhill Farm Farmhill Lane Douglas Isle Of Man Planning Officer:

Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 04.06.2013, includes;

Dev Control Polygons: Reference Number: 07/02122/A Status: Application Withdrawn Proposal: Approval in principle to erect two detached dwellings and one detached garage

Reference Number: 09/00561/B Status: Permitted Proposal: Erection of a detached dwelling Reference Number: 89/01810/B Status: Permitted Proposal: Erection of detached dwelling with garage, Farmhill Lane, Farmhill, Douglas. Reference Number: 01/01122/B Status: Permitted Proposal: Erection of conservatory Reference Number: 87/00539/B Status: Permitted Proposal: Layout of roads and sewers for residential building estate, Part of Field Nos. 2082 and 2083, and Field 2043, off Farmhill Lane, Douglas

Reference Number: 90/00167/B Status: Permitted Proposal: Erection of boundary fence, Farmhill Manor, Farmhill, Douglas.

Reference Number: 08/00809/B Status: Permitted Proposal: Alterations and extensions to dwelling