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Application No.: 16/01412/B Applicant: Mr & Mrs Richard Hardman Proposal: Erection of dwelling including use of existing detached garage Site Address: Blue Bell Cottage Station Road Ballaugh Isle of Man IM7 5AE Case Officer : Miss S E Corlett Photo Taken: 03.08.2017 Site Visit: 03.08.2017 Expected Decision Level: Officer Delegation
Officer’s Report THE SITE
1.1 The site is a parcel of land which stretches from Main Road to a watercourse in the west. To the north of the site is a footpath, part of the former railway line long distance footpath and to the south are the rear boundaries of 1 and 2, Rowan Avenue and Rowan House. Within the site is an existing dwelling, Bluebell Cottage which is a traditional Manx cottage which sits around 18m back from the main road. - 1.2 The vehicular access to the site passes the dwelling to its south and leads to the rear garden where there is a car parking area. Further back there is a newly built garage approved under 14/00937/B which also approved alterations and extensions to the dwelling. - 1.3 Despite the submitted plans showing a footway alongside the side of 1, Rowan Avenue, its side boundary, along with the application site, have a stone wall which abuts the carriageway. The boundary of 1, Faaie Craine comprises a wall which is set back slightly from the carriageway with a grass strip between. THE PROPOSAL
2.1 Proposed is the construction of a new dwelling on the site with the newly approved garage allocated to its use. The proposed dwelling will share its access with Bluebell Cottage and be positioned to the north of Rowan House which sits 12m away from the mutual boundary with the proposed dwelling's southern gable sitting around 3.5m to the north of this. Between the two would be finished in bark with the formation of the area undertaken with regard to the root systems of the existing two cherry trees which sits between Rowan House and the new dwelling. Similar treatment is to be undertaken to the north of the new dwelling, to account for two more cherry trees which exist there. - 2.2 The dwelling will be a two storey dwelling with a traditional design but with characteristics of the larger, quarterland farmhouse which has five windows across the first floor of the front elevation, a two storey porte cochere entrance feature at the front and a rear annex which projects back 8m from the rear elevation. The gables will be 10.5m wide with windows in the ground floor looking towards Rowan House and windows included in the first floor as well in the northern gable looking towards the footpath. The height of the proposed ridge is commensurate with that of Rowan House, to the south. - 2.3 Car parking will be provided in front of the dwelling, alongside and utilising the recently approved garage.
2.4 The development is to be connected to the main foul sewerage system and the surface water will be discharged to a soakaway although no details of these have been provided. - 2.5 The applicant has confirmed that alterations to the access will take the form of setting back the existing wall by at least 2.4m and lowering the wall to no higher than 1m. This follows advice from Highway Services Division of Department of Infrastructure. PLANNING POLICY
3.1 The site lies within an area designated on The Isle of Man Planning Scheme (Development Plan) Order 1982 as Predominantly Residential. As such, there is a presumption in favour of development where this complies with the general standards of development as set out in General Policy 2 as follows:
4.1 The site has been the subject of a number of applications including ones for the extension of the main dwelling, polytunnels and the garage. Permission was also granted in the 1980s for the use of the site for the growing and sale of horticultural products although this is clearly not how the site is currently used. REPRESENTATIONS - 5.1 Ballaugh Parish Commissioners are not opposed to the proposal provided that the height of the proposed dwelling does not stand out from that of the surrounding dwellings (14.02.17).
5.2 Highway Services have sought a deferral pending the submission of further information (27.01.17). They have had sight of the amended plans and make the following comments:
"Following receipt of an amended drawing Highway Services does not oppose this application subject to conditions:
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety." (11.08.17)
5.3 The owners of Mwyllin Squeen, which lies to the north west of the site express an interest in the application but make no comment on the merits or otherwise of it (11.01.17). - 5.4 The owners of Rowan House which abuts the site to the south objects to the application, considering that the access is not safe and the proposed dwelling is significantly larger and taller than those about it (undated letter received on 20.07.17).
6.1 The issues in this case are whether the proposal has any adverse impact on the living conditions of those in adjacent property, whether it would have any negative impacts on the character or appearance of the surrounding area, including the footpath to the north, whether the proposed development would adversely affect highway safety and finally whether it is considered acceptable in terms of potential flood risk. Living conditions of those in neighbouring property
6.2 Whilst the owners of Rowan House have objected to the application, this is not on the grounds of unneighbourliness but regarding highway safety and the visual impact of the dwelling in the landscape. There is a substantial hedge and trees between the existing and proposed properties which will screen each from the other and there are no first floor windows in the side of the proposed dwelling which faces Rowan House. Rowan House is the closest to the site, with 2, Rowan Avenue being slightly further away with trees between it and the proposed dwelling. The applicant's own dwelling, Bluebell Cottage is more than 40m away. As such, it is not considered that there would be any adverse impact on the living conditions of those in adjacent property to warrant refusal of the application. The character of the area - 6.3 The dwelling would be set back from the road by the same distance as, and be as high as Rowan House and would as such have a similar impact. It is considered that this distance would screen much of the property from the view from Station Road and Bluebell Cottage would provide additional screening. The proposed dwelling would be visible above the single storey properties in Faaie Craine but separated therefrom by the public footpath. It is not considered that the proposed dwelling would have an adverse impact on the character of the area. Highway safety - 6.4 The existing access is not ideal but what is proposed will improve visibility for the occupants of Bluebell Cottage as well as the new property, as well as increasing the visibility of vehicles emerging by those approaching the site. In addition, the set back of the wall will allow for any future proposal to extend the footway along this stretch of highway, utilising the grass verge alongside 1, Faaie Craine and any land alongside 1, Rowan Avenue which may become available in the future. Highway Services have confirmed that they are content with the proposals and the modified access shown in drawing PA-002-HW is considered acceptable. Flood risk - 6.5 Manx Utilities have confirmed that the site does not lie within the 1 in 100 year flood footprint and as such, they have no issue with the proposal. Whilst they suggest that the provision of a drainage connection to the mains service may involve the use of third party land, this is a matter for the applicant and if any alternative drainage proposal is suggested, this would require planning approval, or at least approval under the Building Regulations. - 6.6 Given the above, it is considered that the proposed dwelling is acceptable and is recommended for approval.
7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
the owners of Rowan House and Mwyllin Squeen, all of whom own land adjacent to the site.
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: 07.08.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
Reason: To ensure that existing trees which are important for public and private amenities, are retained.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
This approval relates to drawings PD-001, PA-002A, insofar as it relates to site levels and tree and root protection, PA-003, PA-004, PA-005 and PA-006 received on 22nd December, 2016 and PA002-HW received on 17th July, 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 : 11.08.2017 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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