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The site represents three fields located on the north western side of the Phildraw Road (A34), to the north west of Ballasalla village. The fields lie opposite other land which is owned by the applicant but this is not relevant in the consideration of the development which is proposed. The frontage to the Phildraw Road is formed by a hedge with some small self seeded saplings in and around it but no trees of any substance.
The site, together with land to the north east and south west, are designated for Low Density Housing in Parkland on the Isle of Man Planning Scheme (Development Plan) Order 1982. Despite a significant area including and in the vicinity of the site, being designated for development since 1982, very few applications have been submitted for Low Density Housing in Parkland during that time. in addition to the proposals listed below for the application site, development has recently been sought and granted (although the approval is subject to a current appeal) for the erection of a dwelling to the rear of Ballavoddan, to the north east of the site with a short portion of their frontage directly opposite this site (07 / 02378 / B).
Planning permission was been sought for the development of this site on a number of occasions: PA 971384 - residential estate layout for seven plots, roads and sewers - refused on review PA 98/0363 proposed residential estate layout of seven plots, roads and sewers and was refused on review (the appeal being withdrawn) PA 99/1175 - residential layout of 7 plots, roads and sewers which was refused on appeal, PA 02/0724 - erection of a folly - refused on review PA 03/1902 - approval in principle for the erection of three dwellings - permitted with the approval extended up to February, 2008.
Proposed now is the principle of the development of the site for three dwellings. The plans which were submitted for the 2003 development are submitted and illustrate that the development would comprise a single vehicular access opposite an existing property on the other side of the road "Walden" with additional pedestrian access to the north.
Isle of Man Water Authority recommend a note regarding the provision of water supplies. This is not a material planning consideration and should not be referred to in any planning decision notice.
The owners of Ballavoddan, opposite express concern that the planning notice has not been visibly displayed on the site as required and also explain that they were not in a position to comment on the previous application. They suggest that the development could adversely affect the view from Phildraw Road and further afield of the hills and landscape and would also represent skyline development. They also reserve the right to comment on any loss of light and privacy if and when any detailed applications are submitted. They suggest that the development has the appearance of a "mini-estate" and as such, do not comply with the requirements of Planning Circular 8/89 and could adversely affect the amenities of those in "Thrang End" to the north east of the site. They suggest that the application should be refused for these reasons.
Malew Parish Commissioners indicate that they do not object to the application.
Manx Electricity Authority recommend a note regarding the provision of electricity to the development. This is not a material planning consideration and should not be referred to in the planning decision notice.
A resident of Port Soderick comments that as the designation of the site is 26 years old, perhaps the validity and appropriateness of the designation should be reconsidered. This comment was not made in respect of PA 07/02378/B for the dwelling to the rear of Ballavoddan.
Department of Transport Drainage Division recommend conditions regarding the drainage of the site. The occupant of Fir Lea expresses an interest in the application and wishes to be informed "if the application is taken further".
Department of Transport Highways and Traffic Division do not oppose the application. The owners of Thrang End object not to the principle of the erection of three dwellings but to the illustration of the property closest to their property and suggest that it would be courteous not to place one of the properties directly in front of their dwelling. They also seek assurance that the site may be adequately drained and suggest that having a single entrance to the three properties may be out of keeping with the character of the area where each dwelling has its own entrance.
Whilst the Strategic Plan has been introduced since the approval of the most recent application on the site, there are no policies within the Plan which would justify a conclusion different from that which was reached in respect of PA 03/1902. In the absence of any change in policy or practice since then, there is no justification for refusing this application. Whilst concern is expressed about the impact of development on the site from Phildraw Road and from further afield, the area is designated for development, together with land further to the north east which is naturally higher than the application site. The view of the site from the east, from the Crossag/St. Mark's Road reveal that the existing properties on the eastern side of the road - particularly Phildraw and Phildraw House, much further to the north are visible but that the application site and properties further south are much less prominent.
Not only is the site designated for development, it is recommended that such development takes the form of substantial dwellings in their own grounds which will almost certainly involve a significant visual impact. As such, whilst the development of the site may change its character, it is in accordance with the prevailing land use policies for the site. It should also be acknowledged that Phildraw Road is generally characterised by large houses at varying distances from the road, of a variety of sizes, shapes and designs, rather than being an open area, devoid of buildings.
Comment has been made about the single access serving all three properties. Whilst it is accepted that there are few instances of a single access serving more than one property, in this case, if each dwelling were to be served by its own access, this would result in an increased interruption of the existing roadside hedge which is largely intact for a long distance - around 240 m on this side of the road. A single access is likely to be more safe.
Whilst the protection of the amenities of those around the site is a valid concern, in this case, the illustrative drawing shows the northernmost dwelling positioned some 31 m from Thrang End and situated so that the direct views from the windows of this property are not affected. The fact that the dwellings will be seen by those in Thrang End is not a valid reason for refusal.
Whilst the recommendations of Planning Circular 8/89 were not included in the previous decision, it would be appropriate to include in any approved notice, the requirement for the dwellings to be designed to a high standard and for each to site comfortably in its own landscaped setting, in accordance with that Circular.
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 owners of Thrang End. Fir Lea and Ballavoddan have property which abuts the site or is directly across the road from some parts of the site and as such should be afforded party status in this instance.
Manx Electricity Authority and Isle of Man Water Authority raise issues which are not planning considerations and as such should not be afforded party status in this instance.
The resident of Port Soderick lives a considerable distance from the site and is not directly affected by the site and as such should not be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 18.06.2008
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 permission relates to the principle of the development of three dwellings as shown in drawing PL199/1 and the location plan, both received on 29th April, 2008.
C 3. Each dwelling must be individually designed in response to the topography of each plot and to a high quality within at least one acre of its own landscaped grounds, in accordance with the provisions of Planning Circular 8/89.
C 4. The application for reserved matters must demonstrate that a safe access can be provided together with the retention or re-construction of traditional Manx banks along the frontage of the site.
NOTE: the advice of the Department of Transport should be sought in this respect. C 5.
The application for reserved matters must include a detailed and accurate survey of all existing hedges and trees on site and provision for the protection of such vegetation both during and after the course of construction together with a scheme for new planting to create a landscaped setting for each of the properties and to complement and reinforce the existing vegetation.
Decision Made : ______________________________ Committee Meeting Date : ______________________________ 3/7/06
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