10 August 2021 · Delegated
Plot 2, Field 432503, Phildraw Road, Ballasalla, Isle Of Man, IM9 3eg
This application sought to vary a condition attached to a previously approved planning permission (PA17/00595/B) in order to extend the period of approval by a further four years. The site is part of a field on the western side of Phildraw Road, Ballasalla, within the 30 mph limit zone, covering approximately 1.4 acres. The officer's report focused on two main questions: whether planning policy had changed since the original permission was granted, and whether any new material considerations — including the recently released Residential Design Guide — needed to be taken into account. The surrounding area was noted as having a mixed character, with large houses in landscaped grounds alongside more modest properties. The application was approved by delegated decision on 10 August 2021, subject to three conditions. No changes in policy or material considerations were found to prevent the extension of the approval period.
The application was approved on 10 August 2021. The key planning questions were whether any policy changes or new material considerations had arisen since the original permission, and whether the recently released Residential Design Guide affected the proposal. The decision concluded that extending the approval period was acceptable.
Isle of Man Strategic Plan 2016
The application accords with General Policy 2
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
Condition 1
The development hereby approved shall be begun before the expiration of 14th July 2025.
Condition 2
Landscaping (including mitigation tree planting) and post planting maintenance shall be carried out in accordance with a detailed scheme to be approved by the Department prior to the commencement of any works where such scheme provides information on which trees will be planted where and how the trees will be planted and maintained until satisfactorily established. Evidence that post-planting maintenance and management has been undertaken shall be submitted to the Department at the end the first three growing seasons following implementation, using the template which should be included in the report.
Condition 3
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.
