10 August 2021 · Delegated
Plot 1, Field 432503, Phildraw Road, Ballasalla, Isle Of Man, IM9 3eg
This application sought to vary a condition of a previously approved planning permission (17/00594/B) at a triangular field plot on Phildraw Road, Ballasalla, in order to extend the period of approval by a further four years. The site sits on the western side of Phildraw Road within the 30 mph zone, between Cavendish House to the north and Thrang End to the south. The surrounding area has a mixed character, including large houses in landscaped grounds alongside more modest properties. The officer's assessment focused on whether planning policy had changed or new material considerations had emerged since the original permission was granted. Finding none, the application was recommended for approval and was permitted by delegated decision on 10 August 2021.
The application was permitted on 10 August 2021 under delegated authority. The key planning question was whether any changes to planning policy or new material considerations had arisen since the original approval; the officer found none that would justify refusing the extension.
General Policy 2 of the Isle of Man Strategic Plan 2016
The application accords 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
Planning Circular 8/89
Circular No. 8/89 # The Town and Country Planning Acts 1934 - 1981 ## The Isle of Man Planning Scheme (Development Plan) Order 1982 ## LOW DENSITY HOUSING IN PARKLAND This Circular is issued by the Department of Local Government and the Environment in pursuance of the powers vested in it by Section 5 of the Town and Country Planning Act 1934 and Article 11 (2)(a)(vi) of the Isle of Man Planning Scheme (Development Plan) Order 1982. 1. There is, on the Development Plan, and on some of the new Local Plans, land designated as "Low Density Housing in Parkland" (LDHP). From time to time, prospective developers seek guidance as to what, in detail, is meant by such a designation. This Circular responds to those enquiries. 2. All trees within areas designated "low density housing in parkland" are deemed to be Registered by Part 4, paragraph 16 of the 1982 Development Plan Order. 3. Areas of *existing* low density housing in parkland (marked "PE" - Private Estates - on the Development Plan) are usually characterised by fine buildings and mature trees standing in landscaped grounds. Whether in the towns or the countryside, such sites make a positive contribution to public amenity. In terms of development potential, they may be classified into (a) those which are clearly *within* the built areas of the Island's Towns and Villages, and (b) those which are not. ### In the case of (a) Where residential development could take place without any tree-felling and without any diminution of the public amenity value of the landscape, development in accordance with the criteria set out in (4) below may be permitted. ### In the case of (b) the erection of further dwellings will only be permitted in exceptional circumstances. 4. Areas *proposed* for development as Low Density Housing in Parkland may be developed in accordance with the following criteria:- a) Buildings must be substantial, and designed and finished to the highest quality; and b) each dwelling must be sited, in at least 1 acre (0.4 ha) of its own grounds, such as to site comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees. Any specific policies included in the relevant Local Plan must also be observed. Satisfactory provision of services and access will of course also be required. 5. All applications for the development of such areas must include an accurate and complete survey showing existing ground levels and the position and branch-spread of all trees. It is recommended that, once this information is available, the applicant's Architect consult the Department's Planning Officers.
extended by 4 years under 17/00594/B which expired July 2021
originally approved under 13/00614/B
original approval
Planning approval was also granted for a dwelling on the site next door under 13/00615/B
this is also being extended under 17/00595/B
further extended now under 21/00650/B