22 May 2017 · Planning Committee
Mount Rule Farm, West Baldwin Road, Mount Rule, Douglas, Isle Of Man, IM4 4hs
The proposal involves building a large new dwelling designed to replicate a traditional Manx farmhouse with painted render walls, natural slate roof, and a two-storey stone-clad side extension forming an 'L' shape, plus a detached wide garage block, on a 0.5ha site at Ballacaroon, West Baldwin Road, Mount Rule.
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The principle of a replacement dwelling in the countryside is acceptable under Isle of Man Strategic Plan policies, particularly Housing Policy 14, which allows replacements not substantially differen…
Environment Policy 1
Protects countryside and ecology outside settlements; development not permitted unless overriding national need. Proposal assessed as acceptable replacement dwelling exception, not adversely affecting countryside.
Environment Policy 2
Protects High Landscape or Coastal Value areas; development permitted if no harm to character. Officer found no significant visual impact or encroachment due to backdrop of neighbouring buildings, improved siting, and traditional design.
General Policy 3
Restricts development outside zoned areas except replacements of rural dwellings. Proposal qualifies as replacement, supported by prior approvals.
Housing Policy 4
New housing in countryside only for replacements. Proposal fits exceptional circumstances for rural dwelling replacement.
Housing Policy 12
Permits replacement unless abandoned or of historic interest. Original dwelling demolished recently; no abandonment issues raised.
Housing Policy 14
Replacement not substantially different in siting/size (50% floor area max) unless environmental improvement; innovative designs possible. Exceeds 50% (291% increase) but justified by prior approvals, better siting reducing roadside prominence, traditional form, and overall site enhancement.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Landscaping scheme
No development shall take place until full details of soft landscaping works 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 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.
Parking and turning areas
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.
No further 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, without the prior written approval of the Department.
Access construction and visibility splays
Prior to any construction the access shown on drawing SC1185-P/10/03 REV B 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.
Gateway height restriction
All gate posts / gateway entrance features that fall within the visibility splays shall be no higher than 1.0m above carriageway level.
Tree protection fencing
No development may be commenced nor any equipment, machinery or materials be brought onto the site for the purposes of the development until fencing has been erected in the location shown on the approved site plan SC1185-P/10/10 in accordance with the recommendations of Section 6.2.2 of British Standard 5837:2012. The fencing shall be maintained in position until the development is complete. Within the Construction Exclusion Zone implemented in accordance with this condition, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department. The CEZ implemented in accordance with this condition shall be maintained in position until the development is complete.
do not object
do not oppose; amended plans acceptable with visibility splay conditions
no objection in terms of impacts upon watercourse
Multiple consultees including Braddan Parish Commissioners, DOI Highways Division, DEFA Forestry, and DEFA Fisheries provided responses to application 17/00105/B, with Braddan Commissioners and DEFA Fisheries raising no objections, Highways requesting deferral due to visibility issues, and Forestry recommending a tree protection plan.
Key concern: access visibility restricted to the south by gate pillar, wall, and vegetation including tree F
Braddan Parish Commissioners
No ObjectionThe Commissioners considered the following applications at their meeting on 16 February 2017 and it was unanimously resolved that they had no objections to them; The Commissioners considered the following applications at their meeting on 6 April 2017 and it was unanimously resolved that they had no objections to them
Department of Infrastructure (DOI) Highways Division
Conditional No ObjectionHighway Services requests that this application is deferred to permit the applicant to consider how they can improve the visibility of the access; DEFER on 02/03/17
DEFA Forestry Arboricultural Officer
Conditional No Objectiontrees A, B, C and D are all category B trees meaning they are high quality trees suitable for retention and worthy of being a material constraint; I recommend that this issue is resolved before the outcome of the application is determined
Conditions requested: request a tree protection plan which can then be referenced in a planning condition; The tree protection plan should adhere to the recommendations of paragraph 5.5 and 6.2 of BS5837:2012 and show the full extent of 'construction exclusion zones' and the precise location of protective barriers
DEFA Fisheries
No ObjectionDEFA, fisheries have no concerns in relation to this development from a fisheries perspective. This is due to the both the nature of the proposed development and of the nearby watercourse.
