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The site represents part of a piece of land situated to the rear of numbers 12A, 14 and 18 Ballastrooan. The land forms part (roughly half) of a piece of land which has been the subject of discussion in the Arbory and East Rushen Local Plan and previous planning applications (see below).
The land is designated on the Arbory and East Rushen Local Plan as "Residential" with an accompanying development brief which states that "Residential development of this site shall be limited to one dwelling" and "where appropriate, 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".
Planning permission was granted for the creation of a vehicular access into the site under PA 00/1367.
Permission was refused for the principle of 5 dwellings under PA 02/02087, refused for the erection of a dwelling close to the rear of the Colby Pump and granted for the erection of a dwelling close to the rear of 12A Ballastrooan, granted on appeal.
Now proposed is both the erection of a two storey dwelling and the erection of a dwelling on half of the plot, presumably leaving the remainder of the plot either unmanaged or open for a submission for a further dwelling.
I have spoken with the applicant's agent who has amended the plans to include all of the site in red.
The dwelling now proposed is smaller in footprint than the permitted dormer bungalow but, provides more overall floor area. The new property will be 7.8m in height compared with 5.9m with the permitted dwelling. The property will have an attached single storey property which is closest to 12A Ballastrooan but the whole footprint is to be moved a further 3 further away from this boundary than as previously permitted.
The appearance of the property is not objectionable and it would sit well within these landscaped grounds. The principal concern is whether the increased height would have a detrimental impact on 12A, Ballastrooan.
The Inspector in the previous appeal noted this relationship and noted that "There would be no unacceptable overlooking or loss of privacy. The distance of the end gable would be sufficient so as to avoid an overbearing or oppressive impact at the rear of their house and garden. There is scope to thicken the planting between the proposed dwelling and the appellants' boundary".
The property is to be further away than was the previously approved dwelling so that the two storey element will now be 14m from the boundary. There will be no windows in this elevation. Bearing in mind the commitment to the development of one dwelling on this plot, I do not consider this impact to be objectionable so as to warrant refusal of this application.
The occupants of 12A Ballastrooan are immediately adjacent to the application property and as such should be afforded party status in this instance.
The Manx Electricity Authority and the Isle of Man Water Authority make reference to supply conditions which are not material planning considerations and as such should not be afforded party status in this instance.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Fire Prevention Officer refers to matters which are the responsibility of the Building Regulations so should not be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 02.04.2007
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 as shown in drawings reference 01A and 02A received on 2nd March, 2007.
C 3. There must be no discharge of surface water to the main foul sewer.
C 4. 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 5. Prior to the commencement of any works on site, all trees which are shown within the area defined in red 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. If any of these retained trees is removed, uprooted or destroyed or dies within one year from the date of first occupation of the building, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Planning Authority.
C 6. Prior to the commencement of any works on site, there must be approved a planting and management plan for the whole site defined in red on the approved drawings, 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. The plan shall be implemented in accordance with the details and times specified within the plan.
C 7.
If within a period of five years from the date of the planting of any tree required by any condition of this permission, that tree, or any tree planted in replacement of it, is removed, uprooted or destroyed or dies, another tree of the same species and size as that originally planted shall be planted at the same place, unless the Planning Authority gives its written consent to any variation.
C 8.
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, 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.
The applicant is advised to contact the Manx Electricity Authority Planning Department (Tel. 687781), to discuss the electricity supply for this application.
N 2.
The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.
N 3.
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.
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 : 17/4/07
Signed : M. I. McCauley Director of Planning and Building Control
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