1 July 2024 · Delegated - Principal Planner (Chris Balmer)
1, Netherby, Castletown, Isle Of Man, IM9 1tn
The proposal seeks permission for minor amendments to two detached dormer bungalows with garages, previously approved under PA 21/01567/B as part of a larger seven-dwelling scheme replacing an existing house.
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The principle of residential development was accepted based on the extant approval under PA 21/01567/B, which had commenced, with no material changes in policy or site circumstances since; thus, focus…
General Policy 2
Requires development to respect amenity, character, highway safety, ecology. Officer assessed amendments compliant as no significant adverse visual, amenity, tree, or ecology impacts; minor elevation changes at sufficient separations; mitigations via conditions.
General Policy 3
Presumption against countryside development, but principle established by prior approval PA 21/01567/B which commenced; no policy change, so amendments acceptable without re-testing principle.
Strategic Policy 3 - To respect the character of our towns and villages
Safeguards town character and avoids coalescence. Amendments do not exacerbate loss of openness accepted previously; retained trees/hedging maintain verdant frontage in Green Gap views.
Spatial Policy 5
Requires high quality design. Modern form with traditional elements (pitched roofs, gables, render/stone/slates) fits 1940s Brookfield styles; limited visibility due to screening.
Environment Policy 3
Protects amenity trees. No changes to positions; DEFA Arboricultural confirms no issue; conditions carry over protection/replacement from prior approval.
Environment Policy 4
Protects biodiversity. Updated bat/bird/bee bricks content DEFA; no tree removal; conditions secure mitigations.
Environment Policy 5 - Mitigation against damage to or loss of habitats
Requires mitigation for unavoidable loss. Conditions enforce bricks, hibernaculum, lighting, tree works as per prior ecological appraisal.
Environmental Policy 22
Protects from noise/pollution. ASHP noise mitigated by distance (17-20m), screening; construction hours limited.
Environment Policy 40
Protects archaeology. Manx National Heritage confirms amendments do not impinge on prior discoveries.
Environment Policy 42 - character and need to adhere to local distinctiveness
Requires locality-appropriate design. Amendments maintain scale/form; compatible with local styles; screening limits impact.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
No additional enclosures/structures
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012... no means of enclosure, structures or other free standing buildings, other than as shown on the approved plans shall be erected on the site.
Bat, bird, bee bricks details and installation
Prior to the installation of the bat, bird and bee bricks on each of the dwellings, plans shall be submitted to Planning for written approval containing details of Bat, Bird and Bee bricks on the new development. The development shall not be carried out unless in accordance with the approved details, and shall thereafter be permanently retained as such. The wildlife mitigation must be installed as shown on Drawing Nos. 24 Rev A and 25 Rev A. None of the dwellings hereby approved shall be occupied until bat, bird, and bee bricks have been installed/constructed as detailed in the approved plans.
Low level lighting scheme
No external lighting shall be installed or operated within the site other than in accordance with the scheme of low level lighting (designed in accordance with the recommendations outlined in the BCT and Il-P Guidance Note 8 Bats and Artificial Lighting (12 September 2018), which has been submitted to and approved in writing by the Department.
Lizard hibernaculum
None of the dwellings hereby approved shall be occupied until a stacked log pile or hibernaculum suitable for Common Lizard, as shown on Plan No Hart_55_03B (Proposed Site Plan) under PA 21/01567/B, has been constructed in accordance with the details set out at Appendix VII of the Manx Wildlife Trust Preliminary Ecological Appraisal Report dated June 2021. The stacked log pile/ hibernaculum shall be retained thereafter.
Tree retention and replacement
The existing trees marked for retention on the Outline Tree Protection Plan (Drawing No. OTP-201221 under PA 21/01567/B) shall be retained in accordance with the approved details. Any retained tree which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department. The Arboricultural monitoring indicated in the Arboricultural Method Statement... shall be carried out...
Replacement tree planting
The replacement tree planting shown on Plan No Hart_55_06A (Landscape Plan) under PA 21/01567/B, shall be carried out in the first planting season following the removal of the existing trees. Any replacement trees which, within a period of five years from their planting die, are removed or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced...
Access, visibility splays, parking and turning
None of the dwellings hereby approved shall be occupied until the existing vehicular access to the site has been closed and the verge reinstated and the new access, visibility splays and all parking and turning areas have been provided and surfaced in accordance with the details shown on Dwg. Nos ITB16403-GA-007D... and Plan No Hart_55_03B... Once provided, all access, parking and turning areas shall thereafter be permanently retained as such.
Foul and surface water drainage
None of the dwellings hereby approved shall be occupied until foul sewage and surface water drainage systems have been provided as shown on Plan Nos Hart_55_16A (Drainage Plan Pumped Option) and Hart_55 03B (Proposed Site Plan) submitted under PA 21/01567/B. The foul and surface water drainage systems shall be permanently retained in working order thereafter.
Construction hours
Other than works of demolition and excavation, any construction works audible at the site boundary shall only be carried out between 08.00 and 18.00 Monday to Friday; between 08.00 and 13.00 on Saturday; and at no time on Sundays and/or bank or public holidays. Works of demolition and excavation shall only be carried out between 08.00 and 18.00 Monday to Friday; and at no time on Saturdays, Sundays and/or bank or public holidays.
no significant negative impact upon highway safety, network functionality and/or parking
happy with the proposals... drainage will remain private and will not be adopted
content with the updated details which include built in bat, bird and bee bricks... request installation secured via condition
no issue with the application... recommend tree protection conditions carried over
no objections
alterations proposed... in no way impinge on the discoveries... no concerns
Highways, DEFA Ecology, DEFA Forestry, Manx National Heritage, and Malew Parish Commissioners raised no objections to the application with some recommending carry-over conditions for tree protection and bat/bird/bee bricks; a private individual objected strongly on archaeological and bat disturbance grounds.
Highway Services HDC
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking.
DOI, Highways Development Control
No ObjectionHighways HDC has reviewed the updated information for application 24/00100/B dated 7 Mar 2024 online and have no further comments to make.
Manx National Heritage
No ObjectionI can confirm that the archaeological fieldwork required under Condition 6 applied to 21/01567/B has been completed; the alterations proposed under 24/00100/B in no way impinge on the discoveries that made, nor vice versa, and that we therefore have no concerns or reason to comment further
DEFA Ecosystem Policy Team
Conditional No ObjectionThe Ecosystem Policy Team can confirm that we are content with the updated details which include built in bat, bird and bee bricks on each property.; Should this application be approved, we request that the installation of the bat, bird and bee bricks is secured via a condition on approval.
Conditions requested: installation of the bat, bird and bee bricks is secured via a condition on approval
DEFA Forestry
Conditional No ObjectionAs there are no changes to the position of the dwellings, I have no issue with the application. I would recommend all conditions pertaining to tree protection are carried over on to this application.
Conditions requested: all conditions pertaining to tree protection are carried over on to this application
Malew Parish Commissioners
No ObjectionI can confirm that the Board have no objections to the following planning applications... 24/00100/B
