Planning Summary Recommendations
5.0 Summary and recommendations
5.1 The application seeks for the detailed approval of a new dwelling and garage in part of the former garden of Shan Vallah, The Colony, Maughold.
5.2 The land use of the existing garden is residential therefore in land use terms there is no objection to the principle of this development taking place.
5.3 There is no demonstration that compliance with typical highway requirements for visibility splays can be made, nor has there been any proposal for the removal of the hedges associated with the development.
5.4 We have seen that the boundary upon which the proposal is proposed is inaccurate and renders the drainage proposals invalid.
5.5 We have not been furnished with the relevant drainage approval details such as to alleviate any concerns as to the validity of the proposals or otherwise.
5.6 We have provided expert evidence in respect of the retention of the trees which is required and accordingly have challenged the drainage proposal beyond all doubt. Simply put, the drainage cannot be provided as submitted and as this is the pertinent element of the development proposals refusal should be recommended.
5.7 In the assessment of the drainage there is no submission that significant storm circumstances are factored in and as such the size of the swale and drainage proposals ignoring all other aspects is questioned.
5.8 The Water and Sewage Authority, in their previous communications associated with this site, requested that full details of the overflow arrangement be submitted to the drainage division as part of any subsequent detailed planning application. This has not formed part of this application and as such the
compliance with the requirements of the Division cannot be relied. We submit that the provision of rainwater harvesting is primarily a proposal to reduce the use of mains water supply and not as a surface water disposal method.
5.9 The principle of development, of the site, is accepted, however, the overlooking, consequential affect on the visual aspect of The Colony by removing the established garden, hedging, trees and the associated non-compliance with the drainage requirements lead to only one conclusion – the application should be refused.
Recommendations
Considering this application the Inspector is respectfully requested to recommend to the Minister, that the decision of the Planning Committee be reversed and that a refusal for this development is the only and correct decision. The development of this very small mature garden in its setting provides a natural breathing space within the built environment known as The Colony.
