Erection of a detached replacement dwelling with associated driveway

Why was this approved?

• Compliance with Housing Policy 14 for replacement dwellings
• Visual impact on high landscape value area and Maughold Conservation Area
• Design quality vs existing poor form dwelling
• Highway safety improvements from new access
• No amenity harm
• Tree retention and ecology safeguards

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Decision & Reasoning

Policies Assessed (2)

Conditions (6)

1. 1

   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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

2. 2

   Access and visibility splay

   Prior to the commencement of the dwelling hereby approved, the existing accesses shall be blocked up using Manx stone and the new access and visibility splay shall be laid out, all as shown on approved plan 03, with no landscaping or any other feature greater than 1.05m in height within the visibility splay and retained thereafter. Reason: In the interest of highway safety.

3. 3

   No extensions or alterations

   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.

4. 4

   Parking and turning

   The development hereby approved shall not be occupied or operated 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.

5. 5

   Tree protection

   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 (in green on plan 03) are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

6. 6

   Ecological survey

   No development shall commence until an ecological survey of the site has been submitted to and approved in writing by the Department. The ecological survey shall identify matters of ecological interest (Birds & Bats) within the site and measures to mitigate ecological impacts where appropriate, including a timetable for their implementation. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the ecological species existing on the site.

Public Comments (2)

Consultation Responses

Three consultees raised concerns over ecology (bats/birds), highways access design, and tree removal plans, while Garff Commissioners offered no objection despite aesthetic concerns. Highways recommended refusal; others sought clarifications or assessments without objection.