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The site defined in red on plan reference 10 represents a piece of woodland situated between the rear of the properties fronting onto Main Road between Belle Abbey Church and Ballastrooan, and number 12, 12a, 14, 18 and 19, Ballastrooan. There is open agricultural land lying to the west of the site.
Also defined, in blue is The Colby Pump, an existing property adjoining the site and fronting onto Main Road and which is also in the ownership of the applicant.
The site is identified in the Arbory and East Rushen Local Plan as "Res" with an accompanying development brief which states that "Residential development of this site shall be limited to one dwelling" and "Where appropriate, existing deciduous trees presently on site shall be retained as part of the overall development proposals and measures for their protection both during and after the course of construction must be included in any detailed planning application submitted to the Planning Committee. The applicant is advised to consult the Department of Agriculture, Fisheries and Forestry in this respect".
Previously, planning permission has been sought for the development of:
This latest application proposes the erection of a bungalow which is essentially the same as that proposed in PA 04/01146 but repositioned further towards the centre of the site and orientated such that the front elevation faces south east. The bungalow has rooflights in the front and rear pitches serving two bedrooms and an en-suite bathroom.
The closest property to the new house is number 12a, Ballastrooan, from which there is an objection. This objection suggests that the property is too close to 12A, Ballastrooan with their lounge windows looking towards the new property and also suggest that there are other options for relocating the property further from theirs. The objection draws an analogy between this and the previous application. However this property is not facing towards number 12A, it is side on with no windows in the side elevation and the garage facing towards the adjacent property. Additional trees are shown as to be introduced between the side of the garage and number 12A, Ballastrooan.
Department of Transport Drainage Division has indicated that they have no objections subject to the imposition of conditions regarding connection to the main sewer and the disposal of surface water.
Isle of Man Water Authority and Fire Prevention Officer raise no objections subject to the imposition of notes.
In the consideration of the appeal into PA 02/2087 a detailed report was submitted by DAFF. We have received a letter from Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Section who have indicated that the proposal complies with the requirements of the local plan and retains the trees which they are satisfied are of interest to nature conservation, particularly bats and they have no objection to the application.
The trees on the site are now rather more thin on the ground than previously and what are left are in the main not as individual specimens, of particular value. The applicant has attempted, however to retain as many as possible and perhaps of more interest and pertinence is not how many trees may
be retained but how many and how new trees are to be planted. Those to be lost are not good specimens and are covered in ivy and do not contribute to the ecological value of the site. It would be possible to remove more trees and to push the proposed dwelling further into the middle of the site but this would not only lose some trees which are of amenity value to those around the site but it would also limit the scope for future planting to purely peripheral planting.
The proposal, in my view accords with the principles and requirements of the local plan and does not, by virtue of its location, orientation and the position of doors and windows, result in any adverse impact on the amenities of adjacent properties, sufficient to warrant refusal of the application.
I would recommend that all parties who submitted views should be treated as having interest party status as all submitted their views within the appointed time and are either statutory undertakers or residents who live sufficiently close to the site to be directly affected by the development.
Recommended Decision: Permitted
Date of Recommendation: 12.01.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the erection of a dwelling and associated access and drainage all as shown in drawings reference 10, 11 and 12 all received on 21st November, 2005.
C 3. Prior to the commencement of any works on site, all trees which are shown on the approved drawings as being retained must be adequately protected against damage both during and after the course of construction. The advice of DAFF should be sought in this respect.
C 4. Prior to the occupation of the dwelling, there must be approved a planting and management plan which indicates a future programme of planting and reinforcing the existing wooded areas. The advice of DAFF (Forestry and Wildlife Divisions) should be sought in this respect.
C 5. The proposed development must be connected to the main foul sewer.
NOTE: A Drainage Connection Fee will be payable to the Drainage Authority on this development
C 6.
There must be no discharge of surface water to the main foul sewer.
C 7.
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no greenhouses, extensions, walls, gates, fences, garden sheds, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)
Note: the reason for this condition is to ensure that once erected, the property is not extended or altered in such a way as to compromise the woodland which is being protected and reinforced in this application.
N 1.
For single connections to a water main (i.e. a single dwelling) the applicant should contact Isle of Man Water Authority Customer Services, telephone 695949.
N 2.
The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date: 23.11.2015
Signed: [Handwritten signature]
M. I. McCauley Director of Planning and Building Control
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