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The site represents a piece of land situated between numbers 16 and 17 Ballakneale Avenue, to the north of Bay View Road. The site presently represents the garden of number 16, Ballakneale Avenue and accommodates some trees and shrubs. The site has a frontage to Ballakneale Avenue of 8m and a depth the same as numbers 16 and 17, that is 19m.
The site lies within an area designated on the Port Erin Local Plan as Predominantly Residential.
No planning applications have been submitted in respect of this application site.
Proposed here is the erection of a dwelling. No plans have been included to indicate how this may be achieved nor an accurate site plan showing how the trees on site would be affected.
There have been objections received from the owners of 4, Thornhill Close to the north west of the site and around into Thornhill Close, who is concerned that there is nothing to indicate how the dwelling will be accommodated on the site and that there is a covenant on the property. They also point out that the estate is a busy one and "squeezing another one" into the estate will increase road safety problems and is speculation.
The covenant referred to states "Not to erect any further buildings upon the property or make any major alterations to the external appearance of the dwelling house without the consent of the Surveyor to the Vendor which consent shall not be unreasonably or arbitrarily withheld if the approval of the Town and Country Planning Committee be obtained thereto". This would seem to suggest that the decision on whether further buildings shall be permitted is the responsibility of the planning process and if planning permission is granted, the covenant will not be unreasonably or arbitrarily enforced.
The owners of Kynder, which is located to the rear of the application site and physically adjoins the site object to the application on the basis that the proposed dwelling will adversely affect their light, that there is the opportunity or space for a further dwelling in the space between numbers 16 and 17 and the impact of two dwellings should also be considered, the additional parked cars will cause a road safety hazard in an already congested area close to two busy road junctions. They also comment that there is no need for a new dwelling as there are two properties in the vicinity which are vacant.
The owner of 28 Thornhill Close, to the rear (behind Kynder) has also objected on the basis that the existing house is unoccupied and that a further house should not be permitted until this house is occupied (ie, there is no need for it). He also points out that the site does not look large enough to accommodate a house and that he may have other objections to the details, once they are submitted, particularly if the dwelling will be more than single storey or if it is positioned close to his boundary which could affect his privacy.
Isle of Man Water Authority points out that they should be consulted regarding connections to the main system.
do not raise no objection subject to there being available visibility sprays of 2m by 36m, off road parking and turning facilities within the site. This look as if they would be achievable if one can see over the wall of the existing property to the north (number 16). Whether there is sufficient space within the site for parking and turning is not so clear.
The existing dwelling to the north is two storey and has a first floor window looking straight at the site. This window - the aspect and light - could be significantly compromised by the erection of a property on the application site, depending upon how tall it were to be and how the roof is pitched.
I am not satisfied from the information provided that the site is of a size so as to satisfactorily accommodate a new dwelling and requisite parking where such a development does not adversely affect the amenities of 16 Ballakneale Avenue and where the development would fit comfortably into the streetscene.
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.
The Isle of Man Water Authority raise issues associated with the provision of a water supply, which are not material planning considerations and as such the Water Authority should not be afforded party status in this instance.
Kynder and 28, Thornhill Close physically adjoin the site and as such should be afforded party status in this instance.
4, Thornhill Close is not alongside the site and in my view is not directly affected by the development and as such should not be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 03.08.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
It has not been demonstrated from the information provided that the site is of a size so as to satisfactorily accommodate a new dwelling and requisite parking and vehicular turning facilities where such a development does not adversely affect the amenities of 16 Ballakneale Avenue and where the development would fit comfortably into the streetscene.
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 : Refused Date: 3/8/07
Signed: M. I. McCauley Director of Planning and Building Control
3 August 2007 07/01083/A Page 4 of 4
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