28 April 2006 · Delegated
Land Adjacent To Mostyn Ville, Chapel Hill, Bride, Isle Of Man, IM7 4bh
Permission was granted for the erection of a two-storey dwelling with garage on a vacant plot of land on the northern side of Chapel Hill, Bride, Isle of Man. The officer's report noted that the site sits within an area zoned for residential development and that two previous permissions for residential use had already been granted on the land. The current proposal was considered to be the same development as one granted permission in 1993, and no policy changes had taken place in the intervening period. The application was determined under delegated authority and approved with 10 conditions attached.
The application was approved on 28 April 2006. The site is zoned for residential development and two earlier permissions for residential use had already been granted on the land. No policy changes had occurred since the last permission, and the proposal matched a scheme that had previously received planning permission in 1993, making the principle of residential development well established.
Isle of Man Strategic Plan (Modified Draft) 2004
Development Plan Policies
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
Isle of Man Strategic Plan (Modified Draft) 2004
Development Plan Policies
mplications of the Landscape Character Assessment Landscape Types - Coastal Cliffs, Incised Slopes, Uplands, Undulating Lowland Plain, Islands Landscape Area - H2 (Fleshwick) , H3 (Bradda Head) , H4 (Cregneash Head and Meayll Peninsula), A2 (Southern Uplands) , F8 (Poyll Vaaish and Scarlett Peninsula), J1 (Calf of Man). i. A number of Landscape Character Types/Areas are identified in Rushen stretching from the Southern Uplands to the Meayll Peninsula. Care is needed in order to protect this array of d ifferent landscapes which include open and windswept coastal stretches and inland moorland, high and dramatic sea cliffs and pastoral and arable fields. ii. The Parish of Rushen is split into 3 distinct physical areas by the local authority areas of Port St Mary and Port Erin. The largest area stretching from its boundary with Patrick in the north to the boundaries of Port Erin and Port St Mary. The other 2 areas are the Meayll Peninsula and the Calf of Man. The Landscape Character Assessment stresses the importance of avoiding the coalescence of Ballafesson and Port Erin and also Port Erin and Port St Mary. Sufficient green space should be retained between the settlements of Ballafesson, Port Erin, Ballagawne /Ballakillowey, and Port St Mary to ensure preservation of their separate identities. iii. Avoid any new areas of ribbon development along the southern coastline at Bay ny Carrickey. Landscape Proposal 9: Additional new built development (other than development ancillary to existing properties) should not be permitted alongside the coastal road between the Shore Hotel and Pooil Vaaish Farm. Landscape Proposal 10: Any additional new built development on the Meayll Peninsula, other than very limited development near its northern edge at the former Marine Biological Station, should be avoided as such development would adversely affect the largely unspoilt character and appearance of the Peninsula and/or would diminish its role in providing a vegetated, undeveloped backdrop to Port Erin, Port St Mary and Cregneash. Landscape Proposal 11: Should the opportunity arise, the radio beacon on Cronk ny Arrey and other communications apparatus on the Meayll Peninsula should be removed or, if necessary, replaced by more modest and less intrusive structures. Landscape Proposal 12: The cluster of buildings at The Howe around the Methodist Chapel is quite exposed and appears on some local skylines. Care should be taken when considering proposals to change the roofscape or silhouettes of the buildings. Landscape Proposal 13: The buildings at Glen Chass are pleasantly and haphazardly scattered around the winding road down to Fistard. The spaces between the buildings make a significant contribution to the character of the group; any proposals to extend properties should be of subordinate scale to the parent building so as to protect these spaces. Landscape Proposal 14: The character of the group at Ballakilpheric/Cronk e Dhooney arises principally from the largely informal setting around the lanes which serve the dwellings, the farms and the Chapel. Changes to the spaces between the buildings should be of informal character, avoiding extensive paving, kerbing or inappropriate fencing.
Isle of Man Strategic Plan (Modified Draft) 2004
Development Plan Policies
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.
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 a two storey dwellinghouse as shown in drawing numbers 5276/1; 5276/2; 5276/3 and 5276/4 date stamped 16th January 2006.
Condition 3
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
Condition 4
There must be no discharge of surface water to the main foul sewer.
Condition 5
The roof(s) must be finished in dark natural slate.
Condition 6
Details of the facing material to used shall be submitted to and approved in writing by the planning authority. Once approved the development shall be carried out only in full accordance with such approved details or any approved amendments.
Condition 7
The garage shall be used only for a purpose incidental to the residential use of the application property.
Condition 8
The dwelling hereby permitted shall not be occupied until the car parking provision for that dwelling has been constructed or laid out, and made available for the use of the occupants of and visitors to that dwelling.
Condition 9
No existing tree or shrub 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 or shrub removed without such consent or dying, becoming seriously damaged or diseased within a period of 5 years form 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 10
Within six months of the first use of the development, trees and shrubs shall be planted in accordance with the approved plans. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced as soon as practicable by trees or shrubs of similar size and species to those originally planted.