22 January 2021 · Delegated
111, Ballanorris Crescent, Ballabeg, Castletown, Isle Of Man, IM9 4eu
Permission was granted for the creation of off-road parking and an associated vehicular access at 111 Ballanorris Crescent, Ballabeg, Castletown, Isle of Man. The property is a detached dwelling on a corner plot, with an existing attached garage and tandem driveway on the south side elevation. During the application process, the proposal was amended so that the new driveway would be finished in paving with a permeable base. The application was decided by delegated authority on 22 January 2021. The decision was approved with three conditions attached.
The Department of Environment, Food and Agriculture approved the application on 22 January 2021. The proposal was considered acceptable for a detached dwelling on a corner plot that already had an attached garage and tandem driveway. The driveway was amended during the process to use permeable paving, and the decision was subject to three conditions.
General Policy 2 of the Isle of Man Strategic Plan 2016
The application complies with General Policy 2 of the Isle of Man Strategic Plan 2016
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
Residential Design Guidance 2019
and 6.3 of the Residential Design Guidance 2019
of facilities and an environment that has been designed to provide opportunities for outdoor play, Casual or informal playing space within housing areas. Playing space that is excluded A.6.3 The following areas are excluded from the definition of playing space, however, they may still make a valuable contribution to the total recreational provision of communities, particularly those that are deficient in recreational space. Verges, woodlands, the seashore, nature conservation areas, allotments, Golf courses, Water used for recreation, except where it forms an interactive feature of an outdoor play area, Commercial entertainment complexes Sports halls (indoor provision may make a contribution to certain sports, such as badminton, tennis or bowls, and such facilities may be taken into account when assessing whether there is demand for these activities, however with regard to outdoor playing space, such area must be seen as complementary.) Car parks for non-recreational use. A.6.3.1 It has been argued that access to large gardens and transport reduces the importance of the children's playing space standard in certain areas. Gardens of private dwellings need to be of a sufficient size to accommodate the day to day needs of very young children; however, as children grow older, the role of the private garden, irrespective of its size becomes less important as play space. Children need access to play ar eas, where they can meet others of their own age and learn the important art of socialisation, which private gardens do not facilitate. Private gardens perform a multitude of other functions and are specifically excluded from the standard. The Open Space Requirement A.6.4 The open space standard is based on the adopted Department standard of a minimum of 3.2ha of open space per 1000 population (32 sq metres per person). This standard is further broken down into a requirement per person of: Formal (e.g. football pitches) 18sq. metres Children's (e.g. play grounds) 6sq. metres Amenity (e.g. Nature conservation areas/Glens) 8sq. metres A.6.4.1 In order that the open space requirement is related in scale and kind to the proposed development the open space needed is based on: - 1) The potential occupancy of the dwelling; and 2) Who the dwelling is likely to be occupied by A.6.4.2 Table 1 is used to judge the occupancy of dwellings and the subsequent open space requirement in square metres. Table 1 No. of Bedrooms Occupancy Level Formal Open Space Children's Play Space Amenity Space Total (sq.m.) 1 1.5 27 9 12 48 2 2 36 12 16 64 3 or more 3 54 18 24 96 Where numbers and type of dwellings are unknown e.g. applications for approval in principle, the requirement for open space provision will be reserved so that it can be resolved when a detailed application is made. A.6.4.3 The following are two examples of the method of provision in line with the Department's standards: Example 1 Development of 25 houses all 3 bedrooms A.6.5 Total occupancy = 25 x 3 = 75 (No. of houses x occupancy level) Open space requirement = 2400sq m. (1 No. 3 bed house would result in a requirement for 96sq.m of open space therefore 25 x 96 =2400sq.m) Formal open space required = 75 x 18sq.m = 1350 Children's Play Space Required = 75 x 6sq.m =450 Amenity Space Required =75 x 8sq.m =600 Total space required =2400sq.m Example 2 Development of 14 houses: 8 houses all 2 bedrooms, 6 apartments all 1 bedroom Part 1 Total occupancy = 8 x 2 = 16 (No. of houses x occupancy level) Open space requirement = 512 sq m (1 No. 2 bed house would result in a requirement for 64 sq m of open space therefore 8 x 64 = 512 sq m) Formal open space required = 16x 18 sq m = 288 Children's Play Space Required = 16 x 6 = 96 Amenity Space Required = 16 x 8 sq m = 128 Total space required = 512 sq m Part 2 Total occupancy = 6 x 1.5 = 9 (No. of apartments x occupancy level) Open space requirement = 288 sq m (1 No. 1 bed apartment would result in a requirement for 48 sq m of open space therefore 6 x 48 = 288 sq m) Formal open space required = 9x 18 sq m = 102 Children's Play Space Required = 9 x 6 = 54 Amenity Space Required = 9 x 8 sq m = 72 Total space required = 288 sq m Overall Total (Part 1 + Part 2) = 800 sq m How should the open space be provided? A.6.6 Once the open space requirement has been established it is then necessary to determine how the open space will be provided. There are three possibilities: - 1) Provided on site 2) Provide off site but adjacent or close to the development 3) Provided by payment of a commuted sum to enable the Local Authority to provide the open space on behalf of the developer. A.6.6.1 Where possible, open space should be provided in the first instance on-site or off-site where this would improve the quality of the development and the open space provided. Where the first two options are not practical then commuted sums will be considered. A.6.6.2 Commuted sum
Condition 1
1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
2. The means of vehicular access and parking areas must be constructed in accordance with the approved plans (proposed driveway plan date stamped 10/09/2020). The access and parking areas must be maintained free from obstruction and available for use at all times thereafter.
Condition 3
3. Notwithstanding the 'decorative pressed concrete' detail shown in the proposed car parking plan, the off road driveway parking area hereby approved must be finished in a permeable surface. Details of the permeable surface must first be submitted to and approved in writing by the Department prior to the undertaking of any works on the site. The works must be implemented in full accordance with the approved details and retained as such thereafter.