151068

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                                                 17/00595/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 17/00595/B Applicant : Mr Duncan Williamson Proposal : Erection of a detached dwelling with associated access, landscaping and drainage Site Address : Plot 2 Field 432503 Phildraw Road Ballasalla Isle of Man

Case Officer : Miss S E Corlett Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Officer’s Report

THE SITE 1.1 The site is part of a field which sits on the western side of Phildraw Road part way up and within the 30 mph limit zone. The site sits between Cavendish House to the north (which is the home of the applicant) and Thrang End to the south, on the southern end of the other part of the field. Opposite the site is a property which sits right alongside the road, Ballavoddan and slightly further north of this is Cheu ny Hawiney.

1.2 The character of the area is mixed with a number of well designed, large houses sitting in landscaped grounds with other, more modest properties and ones positioned right alongside the road. Cavendish House and Thrang End are both set back from the road by at least 37m and sit within plots which are at least 130m long.

1.3 The site is not quite regular as there is a small portion of land alongside the road which is not in the ownership of the applicant. This has a small shed/summer house on it and pedestrian only access.

1.4 The site boundary to Phildraw Road is lined with self-set trees growing within a grassed hedge and an electricity pole which brings up underground supplies which then travel overhead and across the road. There is an existing field gate into the field opposite Ballavoddan.

1.5 Planning approval has been granted for the principle of two dwellings and a new access serving both and the details of both dwellings (see Planning History).

THE PROPOSAL 2.1 Planning approval is now sought in detail for the erection of a dwelling and the creation of the access. Access will be formed by the realignment of the roadside hedge, set back to provide a visibility splay of 90m in each direction. Set back 2m from the highway will be two gate posts 7m apart with a pavioured footpath running on each side of the access drive which will be 4.8m wide.

2.2 The dwelling is a two storey, five bedroomed unit, the same as what was approved under 13/00615/B with some stonework with painted rendered quoins on each corner, vertically proportioned windows and a balanced front elevation characterised by two projecting stone gables and a recessed rendered central section with porte cochere entrance feature. The house has an attached 13m long triple garage on the right hand side of the frontage.

PLANNING POLICY

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                                                 17/00595/B
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3.1 The site lies within an area designated on the Area Plan for the South 2013 as Low Density Housing in Parkland. Development here must accord with the provisions of Planning Circular 8/89 which requires that dwellings are well designed and sit in a landscaped setting of at least one acre. Existing trees should be retained.

PLANNING HISTORY 4.1 What is proposed now was approved under PA 13/00615/B which will expire in July 2017. Planning approval was also granted for a dwelling on the site next door - 13/00614/B and this is also being sought under a current application, 17/00594/B.

REPRESENTATIONS 5.1 Malew Parish Commissioners have no objection (08.06.17).

5.2 The Arboricultural Officer of DEFA makes the following comments, noting that the earlier approvals were subject to the following conditions:

"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 dwellings, 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."

He notes that the 'landscaping key notes' on the site plans provide a list of species options but are not specific about which trees will be planted where. There are also no details regarding how the tree will be planted (support systems, mulches etc.) or how the trees will be maintained until successfully established. These details would make a landscaping condition easier to enforce and encourage the applicant to consider aspects of planting best practice which will increase the likelihood of the trees successfully establishing in the landscape. He recommends these are requested details from the applicant and that the following condition is applied (slightly amended from above) if the application is approved:

Landscaping (including mitigation tree planting) and post planting maintenance shall be carried out in accordance with [quote relevant drawings and reports] submitted in support of the application in the first planting and seeding season following the completion or occupation of any part of the development (whichever is the sooner). Any trees or plants (including those retained as part of the development) which within a period of 5 years from the completion of the development die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation. Evidence that post-planting maintenance and management has been undertaken shall be submitted to the Department at the end the first three growing seasons following implementation, using the template recommended in the report. The hard landscape works shall be carried out prior to the occupation of the development.

5.3 Manx Utilities initially raised concerns about the existing electricity supplies which run across the front of the site but following discussion with the applicant no longer object to the application (12.07.17).

ASSESSMENT 6.1 The scheme is the same as that approved in 2013 and there have been no changes of circumstance or policy which would justify any change in decision. The updated approach from the Arboricultural Officer would secure more certainty in terms of the landscaping, which is very important in areas of HLVSS and his recommended conditions should be attached but modified to address the concerns raised about species, positions and methods of planting and aftercare.

6.2 The application is recommended for approval.

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                                                 17/00595/B
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INTERESTED PERSON STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case Manx Utilities; (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

The Forestry Officer is part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 12.07.2017

Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

C 1. Landscaping (including mitigation tree planting) and post planting maintenance shall be carried out in accordance with a detailed scheme to be approved by the Department prior to the commencement of any works where such scheme provides information on which trees will be planted where and how the trees will be planted and maintained until satisfactorily established. Evidence that post-planting maintenance and management has been undertaken shall be submitted to the Department at the end the first three growing seasons following implementation, using the template which should be included in the report.

Reason: to ensure that the landscaping is practicable and undertaken.

C 2. 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 dwellings, 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: The landscaping of the site is an integral part of the scheme and must be implemented as approved.

C 3. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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                                                 17/00595/B
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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.

This approval relates to drawings numbered P10-11 Rev A,P10-12 Rev A,P10-13, P10-14, P10-15, P10-200 Rev A, P12-11 and K330/P10-16 all received on the 31st May 2017.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date : 12.07.2017 Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.