Loading document...
Application No.: 17/00566/A Applicant: Mr Edwin Davies (OBE) Proposal: Approval in principle for the erection of a replacement dwelling with garaging and replacement vehicular access Site Address: Walden Phildraw Road Ballasalla Isle Of Man IM9 3EG Case Officer : Miss S E Corlett Photo Taken: 19.02.2018 Site Visit: 21.06.2017 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 29.03.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
Reason: to maintain the character of the site, much of which is attributable to the wooded nature of the site and the appearance of some of the trees on site.
This decision relates to drawing 4A received on 12th February, 2018, drawing 2 received on 24th May, 2017 and drawings 1A and 3 both received on 23rd January, 2018.
_______________________________________________________________ Interested Person Status – Additional Persons none _____________________________________________________________________________ Officer’s Report THE SITE
1.1 The site is the residential curtilage of an existing dwelling, Walden, together with additional land to the south which is part of the substantial curtilage of a much bigger house, Phildraw Mansion House, which is also in the ownership of the applicant, together with other land in the vicinity. Cumulatively the site amounts to 0.77 acres. - 1.2 Walden was once a traditional two storey Manx farmhouse, sitting gable close to the road but has had a series of extensions on three sides such that it has no discernible front elevation. It sits within a relatively narrow plot which extends around 50m to the south east: the remainder of the land is open with outbuildings to the north, sitting immediately alongside the road. Planning approval has been granted for the redevelopment of these buildings to create a dwelling within a residential curtilage (16/00998/A) which has yet to be implemented. - 1.3 Planning approval has also been granted across the road for the principle of three dwellings with new access (16/00867/A) again, as yet to be implemented. - 1.4 The roadside boundary of the site to the south of the house is made up of a rendered wall up to a height of around 1.2m behind which is a bank of trees - a mix of coniferous and deciduous trees and a particularly striking Eucalyptus which sits closest to the existing access into Walden. To the rear is a striking row of elms which currently separate the curtilage of Walden from that of Fildraw Mansion House. Other than that, the existing trees between the elms and the road are conifers and small deciduous trees, none of which is particularly remarkable. THE PROPOSAL
2.1 Proposed is the principle of the demolition of Walden and its replacement with a new dwelling and a new access to the south of the existing, which is to be retained as it provides access to the outbuildings and the remainder of the land to the north of Walden. The dwelling's curtilage will incorporate part of the garden of Phildraw Mansion House but leaving over 3 acres of land associated with that property. - 2.2 An illustrative footprint of the new house has been shown, not dissimilar to that approved to the north but more compact along with an access, turning and parking areas. The plans indicate that all trees along the boundaries will be retained other than those required to be removed to facilitate the visibility splay of 2m by 36m onto Phildraw Road. This access will be slightly to the south of the proposed access opposite to serve the three plots approved in principle, referred to in 1.3 above.
2.3 Detailed approval is being sought for the creation of the access and the latest set of plans follows a site meeting with the applicant's agent, the Forester and the Planning Officer in attendance where the valuable trees were identified and measures for their protection discussed. An existing electricity pole is to be removed in accordance with direction from Manx Utilities and an 11m long section of boundary wall is to be removed to facilitate the new opening which will have a stone pillar either side and a rounded edge, similar to that proposed on the other side of the road. This access will provide visibility for those in emerging vehicles, of 2m b6 36m to the south and 2m by 140m to the north. - 2.4 9 trees are to be removed to facilitate the creation of the access - 5 conifers, 2 oaks, a birch and a rowan. A further 6 are to be removed to facilitate access into the plot. The applicant has explained that construction traffic and parking could also use the curtilage of Walden, reducing the amount of the actual site required for construction vehicles and materials. PLANNING POLICY
3.1 The site lies within a wider area designated on the Area Plan for the South (2013) as Low Density Housing in Parkland. This requires development to be of large houses standing in landscaped grounds of at least one acre in accordance with Planning Circular 8/89. Whilst neither the existing nor the proposed housing complies with that designation, the area is designated for development and is not considered in planning policy terms to be part of the open countryside where development is presumed against in accordance with Environment Policies 1 and 2 and General Policy 3. As such, it is considered to have some regard to the spirit of Planning Circular 8/89 but also and perhaps more relevant, General Policy 2 which sets out general standards of development applicable in areas where development is generally accepted. This is applicable as follows:
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:
4.1 The application site has been the subject of a number of applications between 1987 and 2001 for alterations and creation of a new access. Permission was also granted in 2001 for the demolition of Ballavoddan (which used to site alongside the outbuildings to the north of Walden) and the erection of a replacement dwelling (01/01857/B) which was approved. REPRESENTATIONS - 5.1 Malew Parish Commissioners indicate that they have no objection to the application.
5.2 The Arboricultural Officer of DEFA comments that there are two arboricultural features of interest within the site - the roadside trees and a row of mature elms which sit at right angles to the road and slightly to the south of Walden as it currently sits. The roadside trees are described as early mature conifers and broadleaf trees, native and non-native but there are no individual specimens within the group which stand out as being of particularly high value: the
value coming from the group as a whole. He indicates that he would not object to some being removed if the majority were retained and protected. The elms are described as healthy specimens of good form which are an important feature in the landscape. Whilst he has not conducted a survey of them, he considers them likely to be of Category A status and should be afforded a high level of protection in respect of any development, possibly being considered a material constraint. He recommends a condition should the application be approved, which requires an arboricultural impact statement for the protection of the retained trees and a method statement in accordance with BS 5837:2012 relating to the carrying out of the development (08.06.17). Following the site visit and the further information, the Arboricultural Officer indicates that they have no objection (28.03.18).
5.3 Highway Services indicate that the proposal is to construct a new dwelling with a repositioned/new access onto the highway on Phildraw Road. Visibility of 2m x 36m is to be provided in line with a similar requirement at an adjacent site; in reality visibility will be greater than this due to the road layout and the lack of footways causing vehicles to be driven closer to the centre of the road. Highway Services does not oppose this application subject to the following condition:
1.05m thereafter. Reason: In the interest of highway safety
6.1 The site is within an area designated for a particular type of residential development with which the current house does not accord and neither does the proposed in terms of the size of its curtilage (being smaller than an acre) but is more aligned with the policy than is the existing. The existing house is also not of any particular merit, whatever original features it may have had having been absorbed and almost lost in the various additions which have been added on three of its sides, leaving the property without a discernible front elevation which a traditional house would have. As such, it is considered that the principle of the replacement of the house is acceptable and all the more so as the new curtilage would be significantly larger than the existing.
6.2 The constraints on this development come in the form of the ability to provide a safe means of access to the site and the safeguarding of trees of interest. Some of the latter is associated with the former although the row of elms are not affected by the access but could be affected by the house, were it to be constructed too close or in a way that the trees would present an impediment to light or outlook from principal windows in the future or being so close that they represent a fall hazard. This will depend upon the siting of the new house and there is sufficient space within the proposed plot to allow a dwelling to be built without causing a potential threat to the elms.
6.3 The amended plans and further information demonstrate how this may be done to the satisfaction of the Arboricultural and Highways Officers and as such the application is considered to be acceptable. CONCLUSION - 7.1 The proposal is considered to accord with relevant policy, given the circumstances identified in 6.1 above and the application is supported.
8.2 The decision-maker must determine:
8.3 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.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 29.03.2018 Determining officer
Signed : C BALMER Chris Balmer Senior Planning Officer
Copyright in submitted documents remains with their authors. Request removal
View as Markdown