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The application site comprises a parcel of land located on The Colony in Port Lewaigue area of Maughold. The site currently forms part of a garden for a property known as Shan Vallah. It measures approximately 0.05 of a hectare and is basically overgrown with plants and hedges.
The planning application seeks approval in principle for the erection of a dwelling and garage on the application site.
The application site has been the subject of two previous planning applications that are considered specifically material to the assessment of this current planning application.
IDO 49987, which sought approval in principle for the erection of a dwelling on part of the application site, was approved in 1979. A copy of the relevant paperwork and site plan for this previous planning application has been placed on the file for this current planning application.
Planning application 06/01955/A sought approval in principle for the erection of a dwelling and garage on the application site. This previous planning application was considered and approved on the 1st May 2007, with the approval decision notice issued on the 4th May 2007. A subsequent appeal against the approval was upheld by the Minister's deputy, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 25th September 2007. A copy of the approval decision notice and appeal refusal decision for this previous planning application have been placed on the file for this current planning application.
Maughold Parish Commissioners express an interest in the planning application. The Department of Transport Highways Division do not oppose the planning application subject to conditions. The Department of Transport Drainage Division do not oppose the planning application subject to conditions. The Manx Electricity Authority expresses an interest in the planning application. The Isle of Man Water Authority expresses an interest in the planning application.
The owners and/or occupants of Greycot, which is located opposite the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposal fails to address the concerns of previously refused planning application 06/01955/A and that it inadequately deals with the disposal of sewage and surface water from the application site.
The owner and/or occupant of The Cronk, which is located approximately 80 metres north of the application site, objects to the planning application. The grounds for their objection can be summarised as concern regarding the impact on the visual and cultural amenity of The Colony, the actual zoning of the land and the increase in traffic arising from the development.
The owner and/or occupant of Close Foillan, which is located adjacent to the application site, express an interest in the planning application.
In terms of land use planning the application site is located within a wider area of land that is designated as being existing predominantly residential use under the 1982 Development Plan Order.
In terms of strategic planning there are three policies contained with the Isle of Man Strategic Plan 2007 that are considered specifically material to be assessment of this current planning application.
"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:
"Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."
"With the exception of individual plots or very small-scale schemes (equivalent in scale to an individual plot), development shall only take place in areas which will ultimately be connected to the IRIS system."
The planning application seeks approval in principle for the erection of a dwelling and garage on the application site. As stated earlier in this report the application site has been the subject of two previous planning applications that are considered specifically material to the assessment of this current planning application. Previous planning application 06/01955/A, which sought approval in principle for the erection of a dwelling and garage on the application site, was refused on appeal. As this current planning application attempts to address the reasons for refusal of this previous planning application the appeal decision for previous planning application 06/01955/A is a significant material consideration in the assessment of this current planning application.
The appointed Planning Inspector for the appeal against the approval of previous planning application 06/01955/A agreed that there is no objection to the principle of residential development, as the application site is located within a wider area of land that is designated as being existing predominantly residential use under the 1982 Development Plan Order. They therefore concluded that the main issues to examine were the overlooking of the neighbouring property and the disposal of sewage and surface water.
In respect of the possible overlooking of neighbouring property the appointed Planning Inspector concluded that there were enough mature trees and shrubs on the application site boundary with Close Foilian to suitably limit any such impact. As the current planning application also seeks approval in principle this situation remains unchanged and is therefore concluded to be acceptable.
The issues of the disposal of sewage and surface water from the application are more complex and were the subject of more detailed assessment by the appointed Planning Inspector into previous planning application 06/01955/A, which ultimately resulted in the refusal of that planning application.
In terms of the disposal of sewage the previous appointed Planning Inspector attributed considerable weight to Environment Policy 22 of the Isle of Man Strategic Plan. They acknowledged that whilst the discharge from an additional dwelling may not have a significant effect it was undesirable to continue to add additional dwellings. They concluded that this situation was unacceptable and that an additional dwelling should not be added to the inadequate sewage outflow onto the beach. This subsequently formed the first reason for refusal of previous planning application 06/01955/A.
The current planning application attempts to resolve this previous reason for refusal through the incorporation of Klargester biodisc package treatment plant within the application site. Crucially, this differs from the means of sewage disposal proposed by previous planning application 06/01955/A, which proposed disposal to existing mains drainage. It was the addition to the mains drainage and the subsequent flow from the outflow onto the beach that was deemed unacceptable. The use of a Klargester biodisc package treatment plant within the application site will suitably treat sewage generated by any dwelling contained within the application site. On that basis and due to the advice from the Department of Transport Drainage Division it is considered that the proposal is acceptable against Environment Policy 22 and Infrastructure Policy 1 of the Isle of Man Strategic Plan 2007. As such this current planning application has addressed the first reason for refusal of previous planning application 06/01955/A. Notwithstanding the planning application process the full technical
specification and operation of the Klargester biodisc package treatment plant would be the subject of assessment through the building control system.
In terms of the disposal of surface water the previous appointed Planning Inspector concluded that information submitted with the planning application was insufficient to demonstrate that surface water could be suitably handled. This subsequently formed the second reason for refusal of the previous planning application 06/01955/A. The current planning application attempts to resolve this previous reason for refusal through rainwater harvesting and grass swale system. The planning application includes details and calculations of this proposed system. This system has been questioned by representations from the owners and/or occupants of Greycot. Having looked at the submitted information and comparing the two sets of engineering calculations it is concluded that the applicant's information is correct and that the system should work. For example the volume of the grass swale, which is calculated as 6.72 cubic metres, is stated as being 6.7 cubic metres by the applicant and as 6.3 cubic metres by the objector. As such this current planning application has addressed the second reason for refusal of previous planning application 06/01955/A. Notwithstanding the planning application process the full technical specification and operation of the rainwater harvesting and grass swale system would be the subject of assessment through the building control system.
On the basis of the above it is concluded that the planning application has addressed the reasons for refusal of previous planning application 06/01955/A and should therefore be approved.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
C 2. This approval relates to the land defined by the red line as shown on drawing no. 01 rev. A date stamped the 31st March 2008.
| Recommended Decision: | Permitted |
| Date of Recommendation: | 08.07.2008 |
C 3. Any reserved matters planning application must include provision for vehicular sight lines of a minimum of 2 metres by 18 metres.
C 4. Any reserved matters planning application must include provision for the parking of a minimum of 2 cars within the curtilage of the application site.
C 5. Any reserved matters planning application must include provision to allow a car to enter and exit the application site in a forward gear.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 15.17.1988
Signed : [Handwritten signature] Mrs F Mullen Senior Planning Officer
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