3 October 2019 · Planning Committee
Myveen, Hillberry Green, Douglas, Isle Of Man, IM2 6de
The proposal is for a substantial detached single-storey dwelling measuring 16.4m wide, 13.2m deep and 7.5m ridge height, with traditional pitched roof form but contemporary finishes, on a 0.5 acre grass plot surrounded by mature trees.
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The site is designated Low Density Housing in Parkland (LDHP) under the Douglas Local Plan, where the principle of residential development is acceptable, supported by multiple prior approvals in princ…
Strategic Policy 1
Requires optimising use of under-used land, efficient site use, and utilising infrastructure. Officer assessed proposal makes best use of under-used plot in sustainable Douglas location with access to services.
Strategic Policy 2 - Priority for new development to identified towns and villages
Directs new development to towns/villages or sustainable extensions, countryside exceptional. Site in Douglas urban area, acceptable location.
Strategic Policy 1
Douglas as main employment/services centre. Proposal in Douglas, utilising urban infrastructure.
General Policy 2
Requires development respecting site/surroundings in siting/layout/scale/design/landscaping; no adverse character, amenity, highway, habitat impacts. Tested against design fitting parkland, tree retention/mitigation, obscure glazing for privacy, visibility/parking for safety; all compliant with conditions.
Housing Policy 6
Residential zoned land per area plan brief or GP2 criteria; encourages good/innovative design. Douglas Local Plan LDHP brief met via substantial high-quality design despite plot size/tree variances justified by context/precedents.
Transport Policy 4
Highways to accommodate development traffic safely per environmental objectives. Highway Services confirmed safe access/visibility; condition ensures splays.
Transport Policy 7
Parking per Department standards. Site provides 2 spaces + turning, conditioned for retention.
Planning Circular 8/89 - Low Density Housing in Parkland
Requires substantial high-quality buildings in 1 acre landscaped grounds without tree-felling/diminishing amenity in town areas. Plot 0.5 acres and 7 tree removals non-compliant strictly, but officer interpreted flexibly: design substantial/quality; sits comfortably per neighbours; low-impact trees with mitigation; precedents approved similar; retains parkland character.
Time limit
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.
Highway visibility splay
Prior to occupation of the development hereby approved, the adjacent hedging shall be realigned / lowered to no more than 1.0m above carriageway and the visibility splays both as shown on Drawing No 18/069/101 REV D dated stamped 10th September 2019 are provided and retained as such thereafter. Reason: in the interests of highway safety.
Parking and turning
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. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Materials approval
No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
Tree protection during/after development
Other than the retained trees referenced as T0043 and T2423 or in accordance with the approved plans and particulars, no retained tree shall be cut down, uprooted or destroyed during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. Reason: To maintain the amenities of the area by minimising the level of tree canopy cover lost due to the development.
Tree protective measures
Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TP-26916v2) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and/or implemented and retained for the duration of the construction process. Reason: To ensure that the majority trees marked for retention are adequately protected from construction activity which may have a detrimental impact on their health and longevity.
Replacement tree planting
Replacement tree planting shall be carried out in accordance with the Mitigation Planting Plan (prepared by Manx Roots), submitted in support of the application. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of a similar size, species and number as originally approved, unless the Department gives written consent to any variation. Reason: To ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development.
Obscure glazing
Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the north-western elevation of the first floor bedroom windows and shall be maintained as such thereafter. Reason: To preserve the amenities of the occupants of the adjacent dwelling.
no objection
no objection subject to visibility splay condition; access safe, adequate parking/turning, low traffic impact
support the application; design sensitive, makes most of open nature and trees
withdrew objection following amendments; supportive of minimal hedge adjustment for visibility
withdrew objection following amendments addressing concerns
DEFA Arboricultural Officer and DEFA Biodiversity provided conditional no objection with specific tree protection conditions; Highways provided no objection subject to visibility splay condition; Douglas Borough Council had no objection; multiple private representations from Kilt…
Key concern: tree removal in protected area conflicting with highway visibility splays
DEFA Arboricultural Officer (Andrew Igoea)
Conditional No Objectionthe amended arboricultural impact assessment acknowledges that the proposed construction could have a detrimental impact on the health of the retained trees; permission would obviously be required under the Tree Preservation Act ('TPA', administered by Agriculture and Lands Directorate) and any application made under this legislation to remove trees damaged by construction activity is only likely to be approved with a condition to plant suitable replacement trees; the overall impact of the development is not significant enough to warrant my objection
Conditions requested: Other than the retained trees referenced as T0043 and T2423 or in accordance with the approved plans and particulars, no retained tree shall be cut down, uprooted or destroyed during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.; Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (Grewing 17-26915v2) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and/or implemented and retained for the duration of the construction process.; Replacement tree planting shall be carried out in accordance with the Mitigation Planting Plan (prepared by Manx Roots), submitted in support of the application. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of a similar size, species and number as originally approved, unless the Department gives written consent to any variation.
DEFA Biodiversity (Sophie Costain)
No ObjectionFrom newly submitted plans I can see that the development has now been moved, meaning it is no longer necessary to remove any mature trees, therefore my previous comments in regards to bats are no longer relevant.; I will be contacting the applicant directly to advise this.
Conditions requested: If the development results in the mature tree having to be removed, then a bat survey will need to be undertaken prior to removal
Department of Infrastructure Highways Services
Conditional No Objectionsightlines of 2.4m x 25m in either direction with the forward visibility taken out to 1.0m from the road edge; Manual for Manx Roads
Conditions requested: Prior to development becoming occupied the adjacent hedging shall be realigned/lowered to no more than 1.0m above carriageway level in order to achieve a 25m clear line of sight in both directions measured 2.4m back from the private road edge. The visibility splays shall be maintained at all times throughout the life of the development to the satisfaction of the Planning Authority.
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections.
Kiltrellig House owner
Objectionthe application due to the positioning of the house in the corner of the site requires the removal of at least 7 trees; clearly contrary to Strategic Policy; fails to comply with road safety standards
