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The site represents an area of 1.26 ha (3.11 acres) of land which lies on the western side of the A34 Phildraw Road to the north west of Ballasalla. The site accommodates an existing dwelling, The Quadrant, which lies in the north western corner of the site, within 0.37ha (0.92 acres) with the remainder of the site is partly grazed and partly unmanaged open space. To the south of the site lies another detached dwelling, Langdale which also has outbuildings to the rear of the dwelling which is set back from the road by some 60m.
On the eastern side of the road lie a number of dwellings - Phildraw, Vinette and Phildraw Farm which are largely right alongside the road.
To the north and west of the site is open managed agricultural land.
The site lies at the northern end of an area of Proposed Low Density Housing in Parkland on the Isle of Man Planning Scheme (Development Plan) Order 1982.
No planning applications have been submitted in respect of this site. other applications have, however recently been submitted for the development of new houses along Phildraw Road, to the south. PA 07/2378 proposed the erection of a new dwelling to the rear of Ballavoddan on the eastern side of the road and further to the south west, on the western side of the road, permission in principle was granted for the erection of three dwellings under PA 08/0913. Both applications were permitted by the Planning Committee but the former application was the subject of an appeal when issues regarding the access were raised and both sides agreed that the application should be refused as the requirements for access could not be complied with in accordance with the approved plans.
Proposed here is the principle of the demolition of the existing dwelling on site and the development of three new dwellings each sitting in an acre of land. The existing access to the site would be blocked up and a new access provided in the centre of the frontage opposite Vinette. Two of the illustrative footprints are the same (plots 2 and 3). Three trees are shown as being removed to provide the access and new planting is shown throughout the site. Visibility splays of 2m by 54m are shown as being available.
The occupant of Glebe Cottage in Maughold comments that this may establish a precedent unless the site is designated for Low Density Housing in Parkland as is stated by the applicant. This party has not undertaken any work to establish the status of the site in planning terms so their comments are of limited relevance.
Department of Transport Highways and Traffic Division object to the application on the basis that the drawings do not illustrate that visibility splays of the required 90m (by 2m_) can be provided. They have since clarified that 2.4m by 60m splays would be required.
The occupant of Fir Lea registers an interest in the application.
The occupant of Langdale objects to the application on the basis that the development would be over-intensive compared with the density of the development on each side. They also comment that surface water drainage is dealt with naturally and that increased hard surfacing from the development may lead to an adverse impact on the area. They also comment that the applicants (the beneficiaries of an estate) are already embarking upon a project at The Hermitage, which will provide a home for them.
Malew Parish Commissioners object to the application on the basis that the development would be over-intensive.
The representatives of the occupants of Phildraw Mansion House objects to the application on the basis that the plans submitted fail to illustrate how a satisfactory means of access can be provided. He also points out that his client in his permission for the principle of three dwellings opposite his own property (cited as PA 07/2378 - the application is actually referenced 08/0913) was required to connect to the main sewer not a stand alone system as is proposed here. He also points out that an accurate tree survey has not been included. The final and most fundamental point relates to Planning Circular 8/89 which relates to Low Density Housing in Parkland and which states that development must represent a density of one dwelling standing in at least an acre of its own grounds (see below). A previous application on his client's land was refused and the Inspector noted that "It is my opinion that the minimum requirement for density is only one element of the criteria and does not alone substantiate the grant of approval. In this case especially as more than a single dwelling is proposed, it is important that the potential for the siting of each dwelling to meet the rest of that criteria is considered, particularly as the site is adjacent and visually related to an area of High Landscape Value and Scenic Significance and to established residential properties". He suggests that an additional one dwelling, as well as the retention of the existing The Quadrant, would be a more appropriate form of development.
The owner of Phildraw House objects to the application on the basis that the three dwellings will represent an over-development of the site and does not believe that the site is designated for development of any kind.
The resident of a property in Port Soderick suggests that the site has established residential use and believes that the site is designated for Low Density Housing in Parkland.
The site should be assessed against the criteria of Planning Circular 8/89 - Low Density Housing in Parkland. This requires that "buildings must be substantial, and designed and finished to the highest quality and...sited, in at least 1 acres (0.4 ha) of its own grounds, such as to site (sic) comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees" (paragraph 4). The Circular goes on to state that all applications for this form of development must include an accurate and complete survey showing existing ground levels and the position and branch spread of all trees (paragraph 5). This application is in principle but illustrates the trees which would need to be removed which are a limited number along the roadside which is not characterised by trees in this particular part of Phildraw Road.
The applicant discussed the principle of development with the planning officer prior to the submission of the application in accordance with the advice in the Circular and initial advice was that some of the plots were below 1 acre and that the space afforded to each may not be sufficient to provide the level of planting required to create a natural landscaped setting. The plot boundaries were amended to provide an acre for each property.
The reference to the previous appeal on land opposite Phildraw Mansion House is relevant in that the mathematics of the proposal is not the crucial element and the inclusion of the terms "at least 1 acre" within the Circular so as "to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees" makes it clear that the density is not the over-riding concern, particularly in view of the character of the surrounding area where the Low Density Housing in Parkland takes the form of linear development running at right angles to the road and where the larger properties in landscaped grounds have substantial areas of lawn and garden between them and the road – for example the dwellings proposed in PA 08/0913 are shown as being 50m at least from the highway, Thrang End is 40m from the road and Langdale and Hermitage are both at least 60m from the road. Some of the proposed dwellings would be much closer than this – 21m in the case of the property on plot 3. In some cases along Phildraw Road there is a smaller house close to the road in a modest residential curtilage with a larger dwelling behind in more substantial grounds – Glenburn and Hermitage and there are more smallers dwellings right alongside the road which have space to their rear which is designated for Low Density Housing in Parkland development - Ballavoddan, Walden and Sunnyside, for example. However, there are no such buildings on the site
and the area is designated only for substantial dwellings set in at least one acre of landscaped grounds.
Department of Transport Highways and Traffic Division indicate that visibility splays of 2m by 90 would be required - the plans show splays of 54m which is considerably below that. However, the additional 6m would appear to be attainable within land within the applicant's ownership.
It is considered that the site is not of a sufficient size to comfortably accommodate three substantial dwellings together with the landscaping required under the provisions of Planning Circular 8/89 in a form which would satisfy the requirements of the Circular and in a form which would be sympathetic to the character and appearance of the area.
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 occupants of Phildraw House and Langdale are alongside or close to the site and would be directly affected by the proposal and should be afforded party status in this instance.
The owners of Fir Lea, Seacliffe in Port Soderick, Glebe Cottage and Phildraw Mansion House are not sufficiently close to the site to be directly affected by the application and should not be considered parties to the application.
Recommended Decision: Refused
Date of Recommendation: 05.01.2009
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
It is considered that the site is not of a sufficient size to comfortably accommodate three substantial dwellings together with the landscaping required under the provisions of Planning Circular 8/89 in a form which would satisfy the requirements of the Circular and in a form which would be sympathetic to the character and appearance of the area.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : ... Committee Meeting Date : 15/11/29
Signed : S. S. Mowett Reporting Officer
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