30 January 2018 · Planning Committee (Presenting Officer: Mr Chris Balmer)
Field Adjcent To Beechfield, Track From Glen Auldyn, Glen Auldyn, Ramsey, Isle Of Man, IM7 2ad
The proposal involved subdividing a 5-acre field zoned for Low Density Housing in Parkland into three plots (Plot 1: 2.62 acres with a detailed contemporary two-storey dwelling of 30.8m width, 23.8m depth and 9m ridge height; Plots 2 and 3: 1.25 and 1.03 acres with indicative siting).
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The site is zoned 'Proposed - Low Density Housing in Parkland' under the 1982 Development Plan, establishing the principle of residential development as acceptable, with recent approvals along Glen Au…
General Policy 2
Requires development in zoned areas to respect site/surroundings in siting/layout/scale/design/landscaping, no adverse landscape/amenity/highway impacts, incorporate topography/trees. Officer assessed proposal complies via substantial setbacks (56m road, 34.5m neighbour), retained hedgerow/trees, proposed planting, no overlooking/loss of light, safe access.
Housing Policy 6
Zoned residential land to follow area plan brief or GP2 criteria, encouraging innovative design. Officer found Plot 1 dwelling innovative contemporary of high quality, plots meet LDHP brief; Plots 2/3 via reserved matters.
Transport Policy 4
Highways to accommodate development traffic safely. Highway Services approved access splays at bend, no objections to road capacity or parking.
Transport Policy 7
Parking per standards. Plots ample for 2 spaces each plus manoeuvring; Plot 1 has garage/carport/driveway.
Environment Policy 13
No unacceptable flood risk. Initial concerns resolved by applicant topographical data improving Manx Utilities modelling; only access at minor risk, no increased off-site flooding per adopted maps.
Time limit for Plot 1
The development hereby approved in relation to Plot 1 (Dwelling and associated works, brick paved access road, driveway and access onto Glen Auldyn Road) shall be begun before the expiration of four years from the date of this decision notice.
Access construction and visibility splays
Prior to any construction of the dwelling hereby approved in relation to Plot 1, the access shown on Penketh Millar drawing no 15 1146 6 REV TS date stamped 02/10/17 shall be constructed as shown and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.
Landscaping scheme
No development on Plot 1 shall take place until full details of hard and soft landscaping works for Plot 1 and the driveway have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials and any fencing. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted.
Materials approval
No development on Plot 1 shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
No extensions
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out on Plot 1, without the prior written approval of the Department.
Reserved matters time limit
Application for approval of the reserved matters for Plots 2 & 3 shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Reserved matters details
Plans and particulars of the reserved matters for Plots 2 & 3 referred to in Condition 6; shall include details of: (a) Siting; (b) Design; (c) external appearance of the building[s]; (d) internal layout; (e) landscaping of the site; (f) the provision to be made for the parking and turning of vehicles within the site; (g) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; and (h) existing and proposed ground and floor levels.
Block existing access
Within one month of the construction of the new access (as per the requirements of Condition 2) the existing field access shall be blocked up with a grass bank with hedgerow planting (details should be included within submitted landscaping plan required under condition 3) above to match the existing roadside hedgerow and retained thereafter.
No objection subject to access construction and visibility splays condition
No objection following improved flood modelling and topographic survey
No objection, tree removal not significant visual impact, recommend landscaping plan
Manx Utilities initially objected due to flood risk but later withdrew their objection after improved modelling; Lezayre Parish Commissioners consistently objected on design and overdevelopment grounds; Highways Division did not oppose subject to Section 109 Agreement; Arboricultural Officer had no objection with landscaping condition.
Key concern: flood risk on greenfield land within flood zone (initially raised by Manx Utilities)
Manx Utilities
No ObjectionManx Utilities withdraw any objection to the above planning application in relation to flood risk.; only the proposed access routes at the north-west corner of the site are shown to be at risk from fluvial flooding.; the development will not increase the risk of flooding elsewhere.
Lezayre Parish Commissioners
ObjectionRefused Unanimous
Lezayre Parish Commissioners
ObjectionAmended Plans Received; Refused Unanimous (implied from prior identical response)
Andrew Igoea (Arboricultural Officer, DEFA Forestry, Amenity and Lands Directorate)
Conditional No ObjectionThe long term visual impact of the tree removal included in this proposal will not be significant if replacement trees are planted nearby.; For trees, this plan should demonstrate adherence to the recommendations of British Standard 8545:2014
Conditions requested: request a landscaping and tree planting plan is submitted as a condition of the approval; landscaping proposals should be approved in writing by the Department before development commences
Manx Utilities Authority
Objectionsee the MUA website for 1:100+cc flood maps
Department of Infrastructure (DOI) Highways Division
Conditional No ObjectionDNOC on 09/01/18
Conditions requested: Section 109 Agreement Required
Lezayre Parish Commissioners
ObjectionRefused Unanimous
Department of Infrastructure (DOI) Highways Division
Conditional No ObjectionDNOC on 22.6.16
Conditions requested: Section 109 Agreement Required
The original hybrid application for three residential plots with full details for a dwelling on plot 1 was granted permission by DEFA Planning. Neighbours (Mr and Mrs Dunne, supported by others) appealed, arguing visual harm, landscape character damage, amenity impacts, highway safety, flood risk, prematurity, and easement issues. The Inspector agreed on the decisive visual and character harm overriding the site's LDHP designation and recommended allowing the appeal to refuse permission. The Minister disagreed with the Inspector on visual/character impacts, upheld compliance with LDHP policies and SP policies, and dismissed the appeal, confirming approval subject to conditions including landscaping, materials, drainage, and access.
Precedent Value
Demonstrates ministerial override possible on subjective visual/character assessments when site conforms to zoning (Proposed LDHP); applicants should prioritise C8/89 criteria, technical mitigations, and landscaping in such designations despite neighbour opposition.
Inspector: Brian J Sims
