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17/00833/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00833/B Applicant : Mr Edwin Davies OBE Proposal : Creation of a vehicular access to serve three dwellings Site Address : Fields 432533, 432534 & 432535 Phildraw Road Ballasalla Isle Of Man
Case Officer : Miss S E Corlett Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 11.09.2017 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. 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.
N 1. No approval is hereby granted to the change of use of the site from agricultural, as it currently is, to residential, which the application form purports it to be as the application is for engineering and building operations, not any change of use.
Plans/Drawings/Information;
This approval relates to drawings 1, 2, 3 and 11TS029-02 all received on 3rd August, 2017.
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Interested Person Status - Additional Persons
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Officer’s Report
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17/00833/B Page 2 of 4
THE SITE 1.1 The site is three fields which lie on the western side of Phildraw Road towards its southern end. The site has an area of just over 3 hectares and there are two existing field gate accesses into it and a small stone building facing onto the highway. The field sits higher than the road and is separated from it by a stone wall of consistent height but which is largely overgrown with ivy. A post and wire fence runs behind this in the field and vegetation grows above the wall.
1.2 The existing buildings in the area are a mix of very large houses in commensurately large grounds with other, more modest properties closer to the road with smaller gardens. There are also a small number of outbuildings, many, right alongside the highway. The boundaries with the road are generally hedging with self-set trees growing within them.
THE PROPOSAL 2.1 Proposed is the detail of a proposed new access to the site with the intention of it ultimately being developed for three houses although this is not part of the proposed development. The current application is not a particularly straightforward way of seeking permission for the development of the site as it separates the principle of the use of the site from one of the details of how that would be effected. The proposed access differs from earlier applications (see Planning History) in that the access is now further north to take account of a recent decision by the applicant to redevelop the existing property known as Walden (17/00566/A) which involved a new access which would have been opposite the approved access to serve these three fields. The application form incorrectly describes the site as existing
2.2 The layout of the site in respect of the houses is the same as previously approved, all that differs is the position and layout of the access which is not opposite the existing access to Walden and with a grander entrance which spreads over a wider area in a semi-circulate shape with a single point of access from Phildraw Road but branching off into three separate accesses to serve each individual dwelling. The shape of the internal accesses will be formed by a stone wall up to 2m high with 2.4m high pillars in architectural stone. Specimen trees will be introduced between each access.
2.3 The creation of the access will involve the re-alignment of the boundary hedge and wall up to 4m into the site to provide visibility splays of 70m in both directions. The new hedge will be constructed in accordance with the guidance on such structures, Planning Circular 1/92 and will have dimensions of 1.8m high by 1.8m at the base, tapering to 910mm at the top finished in sods.
PLANNING POLICY 3.1 The site is identified in the Area Plan for the South as "Proposed Low Density Housing in Parkland". This refers to a designation in The Isle of Man Planning Scheme (Development Plan) Order 1982 and a definition provided in Planning Circular 8/89 which describes the provision of land for the development of large houses set in their own landscaped grounds of at least one acre in area. This site, and additional land on both sides of Phildraw Road were so designated in The Isle of Man Planning Scheme (Development Plan) Order 1982 and the Southern Area Plan confirms this designation which had led to three relatively recent successful applications for development of this type - two plots to the north of Thrang End and a new dwelling on the opposite of the road.
PLANNING HISTORY 4.1 The most recent application, 16/00867/A proposed the principle of the development of the site for three dwellings and was approved with all matters reserved.
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17/00833/B Page 3 of 4
4.2 Planning permission has been granted for the principle of three dwellings on this site under PAs 03/01902/A, 08/00913/A and 12/00525/A: PA 13/91126/REM proposed the discharge of the matter of the access, with a number of matters remained for discharge within the appointed time - ie prior to 17th May, 2014 - the design and siting of the proposed dwellings and landscaping must be submitted prior to 17th May, 2014 and the development commenced within 2 years of the approval of the last of the reserved matters or by 17th May, 2016 whichever is the later. PA 14/00401/A proposed the variation of one of the condition attached to PA 12/00525/A for the approval in principle of the creation of three dwellings on the site and which was approved. 13/01377/B proposed the details of the access shown in the earlier applications and was approved.
4.3 These are all essentially the same scheme and none has been implemented. Applications for a greater number of dwellings were previously refused - PAs 97/01384, 98/00363 and 99/01175.
4.4 A current application, 17/00832/A seeks approval in principle for the use and development of the land for three dwellings and the details of the access as shown in 17/00833/B.
REPRESENTATIONS 5.1 Malew Parish Commissioners raise no objection (06.09.17).
ASSESSMENT 6.1 The development accords generally with what was shown in previous applications and is in accordance with the provisions of the Area Plan, other than the proposals for the access which, whilst grander than what was previously approved, is still acceptable given the context of the dwellings in the vicinity and the designation of the land as for large houses in their own grounds. It is somewhat disappointing that for whatever reason the approvals which have been in place since 2003 have not been taken up, particularly as there is an apparent demand for larger houses on the Island as well as the complicated way in which permission continues to be sought for the development of the land.
CONCLUSION 7.1 the application is recommended for approval in accordance with the previous decisions.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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 (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.
8.2 The Planning Committee must determine:
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17/00833/B Page 4 of 4
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 : 14.09.2017 Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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