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Applicant: Mr Brian & Mrs Fiona Brumby Proposal Construction of a dormer bungalow with integrated garage Site Address Plot North Of Riverside & Part Field 134972 Garey Road Garey Ramsey Isle Of Man IM7 2EQ Case Officer : Mr Hamish Laird Photo Taken: 01.06.2023 Site Visit: 01.06.2023 Expected Decision Level Planning Committee Recommended Decision: Refused Date of Recommendation 29.06.2023 Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The principle of development for the erection of a dwelling and garage is not accepted because the site lies within a rural and protected part of the countryside where any development is strictly controlled with the site not being allocated specifically for any development. The personal circumstances put forward by the applicant are not considered to be of such significance to warrant a departure from DEFA Planning's policies for the area. The proposal would be contrary to the provisions of General Policy 3a); Housing Policy 4a); and, Environment Policy 1, which seeks to protect the countryside for its own sake and from "Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - R 2. Notwithstanding the above reason of refusal, the existing vehicular access serving the site is shown as being upgraded on Proposed Site Plan Drawing No. 2207/PL1000 Rev. A to serve the development. However, the applicant has failed to demonstrate that vehicle - vehicle visibility splays can be provided either side of the vehicular access serving the site in accordance with the requirements of the Manual for Manx Roads. Given the lack of such details to demonstrate that safe access and egress can be achieved from the proposed access location, the proposal fails to meet the requirements of Transport Policy 4 in the Adopted Isle of Man Strategic Plan (2016).
Additional Persons It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 6(4):
Old Garey Station, Garey Road, Garey, Ramsey, Isle Of Man, IM7 2EQ Ballakillingan Cottage No 1, Garey Road, Garey, Ramsey, Isle Of Man, IM7 2EQ Riverside, Garey Road, Garey, Ramsey, Isle Of Man, IM7 2EQ Ballakillingan House, Lezayre, Isle of Man, IM7 2AL
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). ________________________________________________________________
THIS APPLICATION IS REFERRED TO PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.00 THE SITE - 1.1 The site comprises an asymmetric shaped plot of land of approx. 520m2 located on the north-west side of Garey Road, Garey. It is served by an existing field access from Garey Road, and features a number of trees on the road frontage boundary. The sites eastern side boundary is marked by mature hedging, as is the rear (north) boundary which abuts the track-bed of the former Ramsey - Peel railway line. The site lies between existing dwellings comprising a pair of 2-storey cottages to the west at Nos. 1 and 2 Ballakillingan Cottages and the former railway station building to the east at 'Old Garey Station'. The boundary with the No. 1 Ballakillingan Cottages is marked by an approx. 1.2m high chain link fence, some hedging which is fairly sparse and a single storey, flat-roofed outbuildings. No. 1 also has a ground floor, flat-roofed, blank walled side extension attached to it closest to the site. Side views of the 4 gable end windows (2 on each floor) serving No. 1 are available from the site. To the south of the site on the opposite side of Garey Road lies a detached, 2-storey dwelling 'Riverside' which stands in spacious grounds with its garage and an outbuilding sited closest to the road. The south-west side of Garey Road opposite the site is marked by a mature hedge containing hedgerow trees with agricultural land beyond. The site lies in the countryside outside any recognised settlement boundary.
2.00 THE PROPOSAL - 2.1 The full planning application proposes the "Construction of a dormer bungalow with integrated garage". The new dwellings would be sited centrally within the plot and would utilise the existing access onto Garey Road, which would be improved to provide the required visibility splays in both directions. It would provide the following accommodation:
Ground floor: Entrance porch, hall and stairs with lift up, kitchen/dining room, lounge, WC and utility room, garage
First floor: Main bedroom with dressing room and bathroom, bedrooms 2 and 3 and separate shower room, landing stairs with lift down.
Outside: The amenity areas around the dwelling would form garden land. The site edged red includes an additional area of land located within the field directly opposite the site on the other side of Garey Road which is to be linked to the proposed bio-disc sewage treatment plant via a pipe and would form the drainage field for the bio-disc plant serving the dwelling.
2.2 The new dwelling and garage's approx. dimensions would be: width = 17.0m; depth = 10.1m overall; eaves height = 2.6m; main ridge height 7.0m; rear projection - eaves height = 4.3m and ridge height 6.4m. Footprint = approx. 76.2m2.
"Our clients, Mr and Mrs Brumby, are seeking approval to build a detached dormer bungalow on their plot of land on Garey Road, near Ramsey. The land is situated in a hamlet of 4 dwellings and had planning approval for a dwelling in 1994, which has since lapsed.
After decades of farming at Ballakillagan Farm, and also running a campsite there, Mr and Mrs Brumby, are retiring from farming. They hope to build their retirement home on the plot of land on Garey Road, given that it previously had approval for a dwelling. It would allow them to stay near their old farm, therefore being able to help the farmer who takes over Ballakillagan Farm, if required. They are active and established members of the community there and building on their plot of land will allow them to remain in the area where they have lived and worked for several decades and are part of the community.
The proposed dwelling will be of passive house standard and integrate modern technologies, therefore complying with and supporting the Isle of Man's climate protection goals. The established vegetation which currently bounds the plot of land will be retained, the existing vehicular gate will be utilized for access onto the site by car and foot, thus reducing the need to remove the vegetation along the roadside.
We hope the application meets with your approval."
3.0 PLANNING HISTORY 04/02606/B - Extension and alterations to existing dwelling including conservatory, double garage and alteration to existing gateway entrance. Approved - 23/3/2005.
01/02692/B - Change of use of dwelling to remove agricultural tie - Approved at Appeal 6/8/2002.
4.1 The land as designated, is not zoned for development and sits within a rural part of the open countryside set between Map 4 (Ramsey) and Map 15 (Sulby) of the Area Plan for the North and West. The site is not within a Conservation Area. - 4.2 The land is also linked to Map 2N Landscape Assessment Areas; that identifies site is within a Landscape Character Area that is broadly classified as 'Undulating Lowland Plain', and more specifically as 'F5 Sulby River'. - 4.3 Within the Isle of Man Landscape Character Assessment written statement (July 2008) under section 3.0 Landscape Character Area (LCA), page 119, para. F5 is broadly referred to:
Sulby River (F5) notes that the: "The overall strategy should be to conserve and enhance the character, quality and distinctiveness of this rural area with its scattered settlement pattern, relatively strong field
pattern, a network of enclosed minor rural roads and its ecologically valuable aquatic and riparian habitats."
4.4 It is noted the site is not identified as being at flood risk. - 4.5 The site is not within a Registered Tree Area. - 4.6 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application:
Strategic Policy 2 Priority for new development to identified towns and villages 5 Design and visual impact 10 Sustainable transport
Spatial Policy 5 Building in defined settlements or GP3
General Policy
Environment Policy 1 Protection of the countryside 3 Protection of trees and woodland 4 Wildlife and Nature Conservation 7 Protection of existing watercourses 15 New agricultural and horticultural buildings including dwellings in the countryside 22iii) Protection form vibration, odour, noise or light pollution
Housing Policy
4.8 Planning Circular 3/91 - Guide to the residential development in the countryside. - 4.9 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
5.0 REPRESENTATIONS (in brief - full reps can be read online)
5.1 Lezayre Parish Commissioners: (3/2/23): The Commissioners comment: "- Refused Unanimous.
The land is not zoned for development. The status of the land is agricultural, therefore against General Policy 3, and Environment Policy 1. The property appears to be too big for the plot and not in keeping with the surrounding properties."
5.2 Highway Services (25/1/23): Highways Comments: "The proposal would utilise an area of unused land for the erection of the dwelling, but retain the location of the existing field access, with alterations. The access width appears excessive considering the scale of the development and expected number of vehicles. From scaled measurements of the proposal drawings, the access is approx. 7.5m wide at the point it meets the highway. However, this width is gained through a considerable entry splay to the western side. When squared off, the driveway is approx. 5.5m wide. Considering The Manual for Manx Roads minimum requirement for a double driveway with shared pedestrian access is 6m, and the splayed entry will benefit vehicular movements, the width of the proposed is acceptable to highway. The driveway should be constructed of a bound and consolidated material.
The application has not provided visibility splays from the proposed access. Whilst the access is existing, the site has been left vacant for some 10+ years, therefore the proposal would constitute an intensification of use. Visibility splays will need to be provided. Garey Road is a rural, typically lightly trafficked road, but the straight alignment to the east might encourage higher speeds. Visibility should be drawn from a 2.4m setback distance to its furthest extent over land owned by the applicant or the highway, it shouldn't be drawn over third party land that the applicant does not have control over. Any obstruction within the visibility splay area must be no higher than 1.05m. Guidance on visibility splays and minimum requirements can be found in Manual for Manx Roads.
At its narrowest point the garage is just 3m wide, and at over 6m in length meets the minimum dimension requirements. The internal space of the garage can be counted towards a parking space. With the substantial hardstanding driveway space, the Strategic Plan minimum parking standard of two spaces per dwelling can easily be met. Due to the design of the garage there is a strip of space to the left-landside on entry free from the vehicle space, this area is sufficient to allow for the safe storage of bicycles. The applicant should consider the provision of an electric vehicle charging point in order to support the islands sustainable transport and net zero goals.
A representation has been made on the application regarding the drainage arrangements for the site. Similarly, Highways will require to see what (if any) surface water run-off drainage is to be provided at the foot of the access to prevent it from running onto the highway. That proposal should be assessed and agreed with Highway Services Drainage Team. Highway Services Development Control request the additional information of a visibility splay drawing to accompany the proposal to demonstrate safe access and egress can be achieved from the proposal access location.
Recommendation: Request further information / revisions."
5.3 DoI Highways Drainage (17/2/23) Comments: "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.
Recommendation: The applicant should provide details to demonstrate compliance with these two clauses."
5.4 DEFA - Ecosystem Policy Team (23/1/23) comments: "Though the Ecosystem Policy Team do not object to this application, the construction of the bungalow will still result in the loss of a small area of wildlife habitat, for which mitigation should be provided. Our recommendation is that integrated bat and bird bricks are built into the property. Bat bricks suitable for crevice dwelling bats should be built high up under the eaves of the southerly elevation, but not above windows or doors. For bird bricks, we recommend that swifts bricks are used, because they are suitable for a number of nesting species, and that they are positioned high up under the eaves of the westerly elevation. Alternatively/additionally, due to the deep eaves, our other recommendation would be for the placement of at least 2 external
"As a neighbour of the proposed development I have a query regarding the drainage plan. There seem to be 3 different arrangements over 3 dates as follows: 21/12/22 Application: soakaway on site Biodisc. on site 19/12/22 location map soakaway in field Biodisc in plot 11/01/23 email from architect to planning states they are happy to amend application to use part of the field (across the road, not owned by planning applicant) as the drainage field for the biodisc. Could you make clear where the biodisc which is for sewage waste will be site."
The occupant of Old Garey Station (30/1/23) commented: As owner/occupier of Old Garey Station, which is located alongside & to the rear of the proposed construction & therefore of interested person status, I should like to comment on the planning application as follows. O The proposed building is out of scale for the site & the area. Lengthwise it measures 16.5m to the rear, 17.2m front & 6.6m high. The average height of a two storey house is between 4.7m & 5.8m, the proposed build exceeds this. In comparison the neighbouring buildings are of much smaller proportions. The Station being 9m long & 5m high & each Ballakillingan cottage being 8.7m long. There is limited space for drainage with the soakaway & biodisc sited in opposite corners & close to the proposed building & Ballakillingan cottage. O It would have a high visual impact. The proposed build would literally overshadow its neighbours. There is little space between its outside walls & the boundary to soften it with landscaping. The front of the proposed build faces the road which is narrow & without pavements or verge. It would be highly visual to neighbours & passers-by. In comparison, recent buildings along the Garey road are single storey & screened from the road naturally, maintaining a low impact. In IOM strategic plan 2016 it states that in landscape zoning stretching from Sulby to the outskirts of Ramsey: "development in these areas must be properly integrated into the landscape in terms is scale, materials, architectural style".
It would become the highest concentration of building along the Garey road with dwellings on both sides of the road. It is a rural road much used as an amenity by walkers, runners, cyclists, riders.
The side elevation is alongside my boundary & living area with window which would face directly on to the proposed garage & the gable of the dwelling. The last point applies also to Ballakillingan cottages on the opposite side, with floor to ceiling windows overlooking the cottages. It would also have an adverse impact upon the residential amenity of losing my view of Skye Hill. To summarise, the proposed building is an inappropriate development with no sympathy for the character of the settlement or landscape in which it is set.
Photographs enclosed to illustrate: View from Old Garey Station garden of the site, in distance Skye Hill View of the road, narrow, rural View of site, illustrates close proximity to Ballakillingan Cottages & Riverside View of site showing size & close proximity to road & boundary hedge of Old Garey Station."
The occupant of Old Garey Station (13/2/23) commented: "With regard to the above planning application & comment received by Ballakillingan farm, after a the 21 days publicity had expired. The major part of the comments refer to the agricultural connection between & Ballakillingan farm. This would only be relevant if the proposed building was for an agricultural workers dwelling with the associated ties. The application is for a private residence." The occupant of 1 Ballakillingan Cottages (27/1/23) commented: "As a resident of the above address and of interested person status I should like to comment on the proposed building which is sited alongside 1 Ballakillingan Cottages. The proposed dwelling, being of modern design, is out of character for the rural surroundings and out of harmony with nearby houses which are traditionally built. It would be in close proximity to the neighbouring houses, 1 Ballakillingan Cottages and the Old Railway Station House, on both boundaries. The proposed dwelling would also be very close to the narrow road and this would make it obtrusive, detracting from the countryside aspect of the Garey." The occupant of Riverside, Garey Road (27/1/23) commented:
"We refer to the above application for a proposed construction of a dormer bungalow with integrated garage on a plot north of Riverside and part field 134972 on Garey Road, Lezayre.
The current application proposes to build on a plot of land between 1 Ballakillingan Cottages and the Station House. The architect for the applicants describes the area of the proposal as "a hamlet of 4 dwellings".
Our property, Riverside, was the first building in the area and was constructed in the 1870's. It is our understanding that the Station House was built several years later and was used as a stopping post for the steam railway, so was already in situ when converted into a dwelling. This,together with its grounds, are on two borders of the proposed new build. On the opposite side of the plot are the two Ballakillingan Cottages which are semi-detached, again built many years ago initially for agricultural reasons.
The proposed dwelling and garage, whilst of a passive standard does not appear to be in keeping with the two older and modest dwellings either side. A design like Redacted Redacted this would not be out of place in more modern developments. The plot of land is relatively small and the planned dwelling as it stands dominates said plot making it obtrusive to the area
We would like to state we have no objection in principle to a dwelling/garage which would be more sympathetic and in harmony with the hamlet which only consists of four properties and the surrounding countryside."
The occupant of Ballakillingan House (9/2/23) has written in SUPPORT of the application and comments as follows:
"I am writing in support of the above planning application as I have learned that an objection has been lodged. It is a small plot of land, left over from when the rest of the field of which it was a part, was given by Ballakillingan Farm to the LGB for the siting of two Agricultural Workers Houses which incidentally we have in the past been denied the use of. This small plot of land came under our ownership along with the farm some 35 years ago and has remained empty and disused for that time, although planning permission was granted to us in 1993, Planning Application Number PA92/0821.
Our Farm Manager and his wife (redacted) have been managing Ballakillingan Farm for 25 years (FAB Dairy Herd Services. (redacted) is 2 years away from pension age but the couple have a desire to step back from the pressures of a full time agricultural life.
The plot of land in question has been too small and badly located (in a residential area on the edge of the farm) to be of any agricultural use. It is too small for livestock and too small for any agricultural machinery to access. It is at present a wasted space.
We know our current Government say they are committed to encouraging young people to stay and work on this island and it is our intention, with the help of the (redacted) to support our new farm manager and his young family.
The site in question is only suitable for building and having seen the plans, which we regard to be considerate and in keeping with the surrounding rural environment, we very much hope his application will be approved."
6.1 The fundamental issues to consider in the assessment of this planning application are:
6.2 The starting point here is the land designation, it is clear from the Area Plan for the North and West that the application site is within a rural and protected part of the countryside where any development is strictly controlled with the site not being allocated specifically for any development. - 6.3 The site lies outside the 'main settlement boundary' for both Ramsey and Sulby as noted in policy SP4 and is very much part of the open countryside as previously identified and development would be contrary to policies STP2 and SP4 in principle. Whilst the site sits within and close to existing residential development comprising a cluster of 4 dwellings and had planning approval for a dwelling in 1994, which has since lapsed, it is noted that PA Refs: 92/00821/A and 93/00950/B which were both approved on 1/1/94, related to the same (this) site. Both applications (one for approval in principle; and, one for full planning permission) related to the erection of an agricultural dwelling, which given the applicants employers status as farmers, would have reflected the permissions granted - which would have been the subject of agricultural occupancy restrictions. Neither permission was taken up, and both have long since lapsed. - 6.4 The applicants have advised that the proposed dwelling would be their retirement home as they are looking to retire after several decades of farming in the locality managing Ballakillagan Farm at Churchtown less than 500m away to the south-east, and latterly setting up and running the Silly Moos Campsite which is located on the Farm less than 1km to the south of the application site on the north side of the A3 opposite Lezayre Church, Churchtown. - 6.5 In terms of exceptional circumstances, the applicants have advised, and been supported by their employer in their view, that the site has no agricultural use it could be put to given its small size and location away from adjoining farmland, particularly Ballakillingan Farm; and, note that it is set amongst and between existing dwellings and represents an infill plot. They advise that the new dwelling will be of passive house standard and will integrate modern technologies, therefore complying with and supporting the Isle of Man's climate protection goals. They have also pointed out that over the last 25 years they are and remain active and established members of the community there, and building on their plot of land will allow them to remain in the area where they have lived and worked for several decades and where they are part of the community. - 6.6 In the Adopted Isle of Man Strategic Plan (2016), Strategic Policy 2 prioritises the location of new development within existing towns and villages, and advises that development in the countryside will only be permitted in exceptional circumstances as identified in Paragraph 6.3 'Development outside of areas zoned for development' of the Strategic Plan. General Policy 3
6.9 Whilst the applicant's main living is derived from agriculture, and they are looking to retire in the near future from full-time agricultural work, they are not proposing that this dwelling be the subject of an agricultural tie, and the requirements of Housing Policies 7, 8, 9 and 10, are not relevant in this case. It is noted that a previous planning permission for an agricultural dwelling on this site was granted in January, 1994, nearly 30 years ago. However, the permission was not implemented and the case of an essential need for an agricultural dwelling on the site has not now been made. The applicants have worked on the farm for 25 years, and were not employed by Ballakillingan Farm when the PA Refs: 92/00821/A; and, 93/00950/B were both granted on 1/1/94. - 6.10 The principle of development for this application, therefore, falls to be considered against the provisions of Housing Policy H4a) and General Policy GP3a) in the Strategic Plan, which, as noted above in paragraph 6.6 advise the same thing in that that new housing in the countryside will only be permitted in exceptional circumstances, the main one being where there is an essential need for housing for agricultural workers. In this case, and noting the position of the site set between and opposite residential properties, the principle of development for the erection of a dwelling and garage is not accepted and the application is contrary to the provisions of, specifically, General Policy 3a); Housing Policy 4a); and, Environment Policy 1, which seeks to protect the countryside for its own sake and "Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
6.11 It is key that any dwelling should be in keeping and sympathetic with the character, of the site and surrounding area which is characterised by the pair of 2-storey cottages to the west at 1 and 2 Ballakillingan Cottages; the single storey, former railway station to the east at 'Old Garey Station'; and, the detached, 2-storey dwelling 'Riverside' located to the south of the site on the opposite side of Garey Road. - 6.12 The main public views of the site are derived from Garey Road, and the dwelling would be most obvious when viewed from directly opposite the site entrance onto the road. The dwelling would be set in from the roadside boundary of the site, would be set back from the Nos. 1 and 2 Ballakillingan Cottages and set forward of Old Garey Station, although in reality when viewed from the road it would appear to line up with these neighbouring dwellings. The 1 ½ storey, chalet design reflects the full 2-storey design and scale of the cottages and steps-
down to reflect the single storey Old Garey Station dwelling. The main part of the dwelling at 'Riverside' containing its living accommodation is set back from the road behind the garage and an outbuilding serving the property which are both single storey and located closest to the road. Therefore, the siting, design and the scale of the new dwelling is considered to be appropriate in this context and would not appear out of keeping. In terms of the plot coverage, the dwelling would be set back of the site and retained roadside boundary trees and hedging would assist in screening its built form from passers-by on the road, and would also assist in assimilating it into its surroundings. The plot coverage is considered to be acceptable, and the footprint, height and scale of the dwelling would not appear as an overdevelopment of the plot. The proposed materials and finishes reflect the painted render of Nos. 1 and 2 Ballakillingan Cottages, and Riverside, whilst the composite cladding above ground floor level the main part of the dwelling, and on the single storey garage wall reflects the scale of the adjoining single storey, Old Garey Station dwelling, and its Manx stone construction. The siting, design, scale and visual impact of the dwelling on the character of the site, adjoining dwellings, and overall surroundings is considered to be acceptable and would accord with the provisions of General Policy 2 (b and c) in the Adopted Isle of Man Strategic Plan (2016).
6.13 The new dwelling would be set back on the site in relation to the No. Ballakillingan Cottages, and would be set off the western boundary with No. 1 by approx. 3.0m The front corner of the lounge wall would line up with the rear corner of the ground floor side extension to No. 1 with a wall-to-wall distance of approx. 6.0m. There would be an approx. 8.0m distance between the front corner of the lounge of the new dwelling and the side wall of the 2-stories of No. 1. There would be observation of the rear garden areas of both Nos. 1 and 2 Ballakillingan Cottages from the upper floor side windows serving bedrooms 2 and 3 in the new dwelling, although there would be no direct window to window observation because these first floor windows would face the garden outbuildings and garden area beyond and to the rear of the ground floor side element attached to No. 1. There would be some angled views of the first floor side windows in No. 1, although less so if at all of the ground floor side windows owing to the set-back nature of the new dwelling and the intervening presence of the ground floor side element attached to No. 1. There would be some observation of the side of No. 1 from the first floor dormer window in the front elevation of the new dwelling, although any such views would be restricted due to the presence of the dormer cheeks which would obviate any such overlooking from the lower part of the dormer window. - 6.14 The Nos. 1 and 2 Ballakillingan Cottages are located to the south-west of the new dwelling and would not experience any direct loss of sunlight to the ground and first floor side windows other than possibly early morning light around mid-summer. The impact of the dwelling on the residential amenities of occupants of the adjoining dwellings at The Nos. 1 and 2 Ballakillingan Cottages, considered to be acceptable and would accord with the provisions of General Policy 2 (h), Environment Policy 22 (iii) in the Adopted Isle of Man Strategic Plan (2016). Neighbours amenity - Old Garey Station; and, Riverside. - 6.15 The new dwelling would be sited approx. 8.0m from the side elevation of Old Garey Station. The site boundary with Old Garey Station is marked by a mature hedge which provides a significant degree of screening to the ground floor side elevation window serving this dwelling which faces the site. The garage of the new dwelling would be the element sited closest to Old Garey Station. This element would be single storey and contains no windows. There would be no overlooking or loss of privacy arising from the impact of the development on Old Garey Station. There would be observation of the land to the north (rear) from the first floor bedroom windows in the new dwelling. This area forms part of their garden area serving Old Garey Station. Whilst it would be overlooked, it is considered that such observation would not unduly result in an unacceptable loss of amenity to the Old Stations occupants as the land is divorced from the main dwelling and does not represent an immediate rear garden area. The new
dwelling would be located to the west of Old Garey Station and the occupants of this neighbouring dwelling would not experience any direct loss of sunlight to the ground floor side window other than possibly late evening morning light around mid-summer. It is considered that the relationship between old Garey Station and the new dwelling would not give rise to a loss of residential amenities to its occupants and the relationship between them would be acceptable and would accord with the provisions of General Policy 2 (h), Environment Policy 22
6.16 In respect of the relationship with Riverside, it is noted that the main part of the dwelling containing its living accommodation is set back from the road behind the garage and an outbuilding serving the property which are both located closest to the road, and there is one first floor window which is visible from the site of the new dwelling. The wall-to-wall distance here would be approx. 23.0m which is sufficiently far away for any issues of overlooking or loss of privacy - which goes both ways - not to give rise to any amenity issues. The new dwelling would not appear overbearing or visually dominant when viewed from Riverside. The relationship between the two properties is considered to be acceptable and would accord with the provisions of General Policy 2 (h), Environment Policy 22 (iii) in the Adopted Isle of Man Strategic Plan (2016).
6.17 The site benefits from an existing vehicular access onto Garey Road, which is shown on plan as being improved and used to serve the new dwelling. Garey Road is relatively narrow in the vicinity of the site. Whilst it is an unrestricted road in terms of the speed limit, the practicalities of using the road due to its narrowness and presence of bends to the south of the site to its junction with the A3 Ramsey - Kirk Michael Road indicate that vehicle speeds are likely to be low passing the site, although the straight alignment to the east might encourage higher speeds. The comments received from DoI Highways are noted along with the request for a drawing showing that visibility splays as outlined in the Manual for Manx Roads can be achieved across the site frontage in accordance with the MfMR requirements. Given the lack of such details to demonstrate safe access and egress can be achieved from the proposed access location, the proposal fails to meet the requirements of Transport Policy 4 in the Adopted Isle of Man Strategic Plan (2016). - 6.18 With regard to on-site parking provision it is noted that the proposal provides an integral garage measuring 6.0m deep x 3.0m wide and vehicle standing space with a minimum depth of
6.19 Comments have been received from DEFA Assistant Trees Officer relating to the scope to adjust the location of the BioDisc and associated drainage channels to avoid the root protection area of the birch tree. It is considered that such a requirement could be conditioned, along with a further condition to ensure that a Construction Exclusion Zone could be implemented around the trees via the use of protective fencing in accordance with the requirements of The British Standard (BS 5837) (2012) "Trees in Relation to Design, Demolition and Construction to Construction - Recommendations").
6.20 In terms of impacts on biodiversity, the Ecosystem Policy Team has raised no objection to the application advising that the development would result in the loss of a small area of wildlife habitat, for which mitigation should be provided. Following on from the Ecosystem Policy Teams recommendation that Bat bricks suitable for crevice dwelling bats to be built high up under the eaves of the southerly elevation away from windows and doors; and, for Swift bird bricks which are suitable for a number of nesting species, where positioned high up under the eaves of the
westerly elevation, should be employed, can be covered by a condition. It is considered that such mitigation details would meet the provisions of the Wildlife Act 1990, and for compliance with Environment Policies 4 and 5 of the Isle of Man Strategic Plan.
6.21 The site is not identified as being in an area at flood risk. The proposal involves the use of a BioDisc packaged sewage treatment plant which is proposed to be connected to a drainage field located on the opposite side of Garey Road. The drainage field has been shown as being part of the application site edged red, although it is noted that it is divorced from the dwelling site by being separated from it by Garey Road. The applicants have indicated that it lies within their control, and is located on land forming part of the landholding associated with Ballakillingan Farm. The farm owners, who are also the applicants current employers, have written in support of the proposals. It is considered that such mitigation details would meet the provisions of General Policy 2(l); and, Environment Policies 7 and 22 of the Adopted Isle of Man Strategic Plan (2016).
6.22 The principle of development for the erection of a dwelling and garage is not accepted because the site lies within a rural and protected part of the countryside where any development is strictly controlled with the site not being allocated specifically for any development. The personal circumstances put forward by the applicant are not considered to be of such significance to warrant a departure from DEFA Planning's policies for the area. - 6.23 In addition, the existing vehicular access serving the site is shown as being upgraded on Proposed Site Plan Drawing No. 2207/PL1000 Rev. A to serve the development. However, the drawing does not show that vehicle - vehicle visibility splays can be provided either side of the vehicular access serving the site in accordance with the requirements of the Manual for Manx Roads. This is contrary to the requirements of Transport Policy 4 in the Adopted Isle of Man Strategic Plan (2016). Recommendation: Refuse
7.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
7.2 The decision maker must determine:
7.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
Signed : H LAIRD Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Application No
22/01548/B
Applicant Mr Brian & Mrs Fiona Brumby Proposal Construction of a dormer bungalow with integrated garage Site Address Plot North Of Riverside & Part Field 134972
Garey Road Garey Ramsey Isle Of Man IM7 2EQ Planning Officer Presenting Officer Mr Hamish Laird
As above
Addendum to the Officer Report
"R3. In addition, the loss of hedging and foliage along the site frontage to provide the visibility splays, which would need to be 2.4m x 70.0m for the extent of the sites' frontages to meet the Manual for Manx Roads requirements, would result an unacceptable loss of roadside vegetation and would as a consequence result in the proposal appearing as an overdevelopment of the site with the dwelling appearing as a dominant and visually harmful feature that would be out of character and keeping with the sites rural appearance and surroundings. Furthermore, this would be harmful to the amenities of occupants of the above neighbouring dwellings at 1 Ballakillingan Cottages; Old Garey Station; and, Riverside, by appearing overbearing resulting in an unacceptable loss of outlook and visual amenity from them in respect of their relationship with the development. This would be contrary to the provisions of contrary to the provisions of General Policy 2 b) c) g) and i); and, Environment Policy 22 in the Adopted Isle of Man Strategic Plan (2016)."
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