24 December 2018 · Delegated - Head of Development Management (Stephen Butler)
Mount Rule Farm, West Baldwin Road, Mount Rule, Douglas, Isle Of Man, IM4 4hs
The proposal involved slight tweaks to the design of a replacement dwelling to resemble a traditional Manx farmhouse more closely, including changes to window patterns, render bands, porch design, and gable windows, along with a reduced three-car detached garage on a site in the countryside where the original dwelling …
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The principle of replacing the existing rural dwelling is acceptable under Isle of Man Strategic Plan policies including General Policy 3, Housing Policy 12, and Housing Policy 14, as prior approvals …
Environment Policy 1
Protects countryside and ecology from adverse development unless overriding national need. Officer assessed replacement dwelling as compliant via Housing Policy exceptions, with no significant countryside harm due to prior approvals and design tweaks not increasing scale.
Environment Policy 2
Prioritises landscape character protection in Areas of High Landscape or Coastal Value unless no harm or essential location. Proposal sited in such area but found acceptable as replacement with traditional design, reduced garage, and landscaping minimising visual impact and intrusion.
General Policy 3
Restricts development outside zoned areas except for exceptions including replacement rural dwellings. Site qualifies under Housing Policy 12/14 exception for replacement, with prior permissions establishing principle despite countryside location.
Housing Policy 4
Limits new countryside housing to exceptional cases like replacements. Replacement justified by prior approvals and no abandonment of residential use.
Housing Policy 12
Permits countryside replacements unless abandoned or historic. Existing dwelling not abandoned; demolition already occurred under priors.
Housing Policy 14
Replacement must not be substantially different in siting/size unless environmental improvement; floor area not >50% larger. Same scale as prior approval 17/00105/B, traditional design with less visual impact from setback position.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Soft landscaping scheme
By 31st January 2019 full details of soft landscaping works shall 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 planting to the roadside boundary, the communal garden area and mitigation tree planting. 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 hereby approved sheltered apartments, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: To ensure the provision of an appropriate landscape setting to the development.
Parking and turning areas
The development hereby approved shall not be occupied until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
No extensions without approval
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, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
Access construction and visibility splays
By 31st January 2019 the access shown on drawing 204 is required to be constructed and the visibility splays of 2.4m x 72.0m to the left (west) and 2.4m x 41.0m to the right (east) shall be provided and remain unobstructed at a height of 1.05m above carriageway level thereafter. Reason: In the interest of highway safety.
Gate posts height restriction
All gate posts / gateway entrance features that fall within the visibility splays shall be no higher than 1.05m above carriageway level. Reason: In the interest of highway safety.
Tree retention during and post-development
No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
Tree protective measures
The protective measures detailed in the Tree Protection Plan (drawing TP-26916v2) submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process. Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
no objection
Tree protection plan acceptable; recommended conditions on tree retention and protection
Following amended plans, visibility splays provided as required; other highway details acceptable
Manx Utilities initially objected due to a low voltage underground cable but later indicated no objection pending confirmation of no network impact; DEFA Forestry raised no objections with specific tree protection conditions; Braddan Parish Commissioners consistently reported no objections across multiple consultations.
Key concern: low voltage underground cable located in the area of this application
Manx Utilities
ObjectionPlease be advised that we object to this planning application as there is a low voltage underground cable located in the area of this application.; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6.
Manx Utilities
Conditional No ObjectionWe have a scheme to remove the overhead line and place new cables underground at this site.; Can you have a word with Lee Smith to see if the amendments to the plans actually impact on our network or not - any additional works can probably be dealt with by Lee on site rather than an objection to the planning.
DEFA Forestry
Conditional No ObjectionFollowing the submission of a tree protection plan for this site, I can confirm that this is acceptable.; If this application is approved I recommend that the following conditions are applied.
Conditions requested: No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.; The protective measures detailed in the Tree Protection Plan (drawing TP-26916v2) submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process.
Braddan Parish Commissioners
No ObjectionI can confirm that the Commissioners met on 18 October 2018 and had no objections to the following planning applications:- PA18/01060/B
Braddan Parish Commissioners
No ObjectionI can confirm that the Commissioners met on 29 November 2018 and had no objections to the following planning applications: ... PA18/01060/B
Braddan Parish Commissioners
No ObjectionI can confirm that the Commissioners met on 13 December 2018 and had no objections to the following planning applications: ... PA18/01060/B
