18 May 2009 · Committee
Brae Villa, Tromode Road, Douglas, Isle Of Man, IM2 5ej
This application sought permission to erect a new dwelling with a garage in the rear garden of Brae Villa, Tromode Road, Douglas, Isle of Man. The site is well wooded and slopes steeply away from the road, meaning the proposed development would sit at a level significantly lower than the existing house. Neighbouring properties include Tree Cassyn to the north-west and a recently constructed dwelling whose curtilage abuts the rear of the application site. The case officer recommended approval, and the Planning Committee agreed, granting permission on 18 May 2009. Permission was granted subject to five conditions. There is a planning history of three earlier applications associated with the site.
The Planning Committee approved the application on 18 May 2009, in line with the officer's recommendation. Permission was granted subject to five conditions. The site's steeply sloping, well-wooded garden meant the proposed dwelling would sit significantly below the level of the existing house, which appears to have been a relevant factor in assessing its impact.
New Development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted.
considered to be relevant in the determination of this application
pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''
Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this plan.
considered to be relevant in the determination of this application
Housing Policy 6: Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive. 8.8 Groups of Houses in the Countryside 8.8.1 There are in the countryside man y small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys. 8.8.2 Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape. 8.8.3 In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for d evelopment potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition o f this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation. 8.9 New Agricultural Dwellings 8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside. 8.9.2 Agricultural need should be established having regard to: (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm.
The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.
considered to be relevant in the determination of this application
Transport Policy 4: The new and existing highways which serve any n ew development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
considered to be relevant in the determination of this application
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Condition 1
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 2
This permission relates to the erection of dwelling as shown in drawing numbers HLK/09/0101/1, HLK/09/0101/2, HLK/09/0101/3 and HLK/09/0101/4 date stamped 3rd February 2009, HLK/09/0101/8.
Condition 3
Before the access is first used, a 36 metre by 2 metre by 90 metre visibility splay must be provided in accordance with the approved drawings and at all times thereafter nothing in the visibility splay shall exceed 1.05 metres in height.
Condition 5
No existing tree indicated on the approved plans to be retained shall be cut down, grubbed out, topped, lopped, or uprooted without the written consent of the Planning Authority. Any such tree removed without such consent or dying, becoming seriously damaged or diseased within a period of 5 years from the completion of the development shall be replaced in the next planting season with another of similar size and species, unless the Planning Authority gives written consent to any variation.
Condition 6
The roof(s) must be finished in natural slate or a high quality imitation slate which must be approved by the Planning Authority PRIOR to the commencement of works.
Approval in principle to erect two detached dwellings in garden of Brae Villa
Approval in principle for the erection of block of ten apartments with associated basement parking facilities to replace existing dwelling
Approval in principle for the erection of two residential buildings of up to ten apartments each, and parking to replace existing dwelling