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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00276/REM Applicant : Mr & Mrs David & Wendy Davies Proposal : Reserved Matters application to PA 21/00365/A for the erection of a dwelling and garage with associated landscaping, addressing siting, landscaping, drainage, design, internal layout and external appearance Site Address : Part Of Field 312909 Balladoyne Farm Main Road St Johns Isle Of Man
Planning Officer: Paul Visigah Photo Taken : Site Visit : 18.07.2024 Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 12.08.2024 __
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.
C 2. Prior to the installation of external finishes and materials, a schedule of materials, finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, shall be submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and retained thereafter.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
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C 4. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.
Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
C 5. The Landscaping of the site must be undertaken as per the Proposed Site Plan (Drawing No. P-03) and retained as such thereafter. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Thereafter, all soft and hard landscape works shall be permanently retained in accordance with the approved details.
Reason: To ensure the provision of an appropriate landscape setting to the development, and to safeguard the appearance of the development and the surrounding area.
C 6. The development hereby approved shall not be occupied/brought into use unless the bird and bat boxes, have been installed/constructed in accordance with details submitted.
The mitigation bird and bat boxes are to be erected on site as detailed in the details in Proposed Elevations (Drawing No. P-04) and maintained thereafter.
Reason: To provide adequate safeguards for the ecological species existing in the locality.
C 7. 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 shall be submitted to and approved in writing by the Department, and maintained thereafter.
Reason: In the interest of visual amenity and to protect and enhance wildlife interests.
C 8. The development hereby approved shall not be occupied or brought into use until the service road, parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than for access, movement, and parking 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 in the interests of highway safety.
N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
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To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason. Overall, it is considered the proposal would not have any significant impact upon public or private amenity, would not harm the character and quality of the immediate vicinity and surrounding landscape, or result in adverse impact of parking and highway safety, and drainage. The proposal would, therefore, comply with General Policy 2, Housing Policy 4 & 6, Transport Policy 4 and 7, Strategic Policies 1, 2, 4 and 5, and Environment Policies 4 and 5 of the Isle of Man Strategic Plan 2016, Residential Design Guide 2021 and the St John's Local Plan.
Plans/Drawings/Information;
This decision relates to the documents and plans received 10 March 2024, and correspondence from the Applicant's Agent received 30 April 2024.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Plot 1, Area 1, Balladoyne, St Johns, as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
1.0 THE SITE 1.1 The site is a parcel of land which lies to the south of the A1 Peel to Douglas Road running through St John's and between St John's Primary School and the Balladoyne residential estate comprising a mix of bungalows and dormer bungalows. Directly south of the application site is the St. Johns primary School which is only separated by the dismantled railway line which abuts the north boundary of the school. This site is a part of Area 1 which was designated within the St. John's Local plan to house a maximum of six (6) residential units.
2.0 THE PROPOSAL 2.1 Planning approval is sought for outstanding Reserved Matters application to PA 21/00365/A, for the erection of a dwelling and garage with associated landscaping, addressing siting, landscaping, drainage, design, internal layout and external appearance.
2.2 The new development would provide detached a two bedroom dwelling with parking for two cars parked within the site and two cars parked within the detached double garage. The dwelling layout would comprise two bedrooms (both with ensuite), a large bathroom, an open plan kitchen, dining and snug area, a lounge, utility room, study, a bootroom, a covered porch with cloaks, and a long hallway linked to most parts of the dwelling. No stairway is proposed, nor is accommodation proposed within the roof space.
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2.3 The proposed dwelling will have a general footprint measuring around 263sqm, with internal floor area measuring approx. 227sqm.This pitched roofed dwelling which will have multiple roof levels, will have its ridge set at approx. 6.7m, while its eaves would be 2.1m from the ground level to the base of the eaves. There would be a two gables to the front to serve the entrance porch and bootroom, while a larger gable would be situated to the rear.
2.4 The external finishing would include a combination of smooth coloured render, natural stone, and composite timber effect cladding, with roof covered in natural slate tiles. Windows are to be UPVC or Aluminium double glazed units. The rooflights would also be UPVC or Aluminium units.
2.5 A new detached garage would be erected northeast of the new dwelling. This double garage would have footprint measuring 8m x 7m, and would be 5.6m tall (2.1m from the ground level to the top of the eaves). This single storey garage which would serve as garage and bicycle store for the site would have 8 roof lights set over its roof. Its external finish would be similar to the main dwelling.
2.6 Two small trees would be removed to facilitate the erection of the garage, while six new trees would be planted on site as replacement for the trees removed. There would be no changes to the site level.
2.6 Additional works would involve: a. The creation of a bin store area by the garage. b. Erection of a 2m timber fence along sections of the eastern boundary (Under PD rights). c. Creating new hornbeam boundary hedges around the site boundary. d. Creating 2 new soak-away for dwelling. e. Installation of ground source heat pump (No details have been provided).
2.7 The applicants have provided the following information as support for the application: a. Design Statement: This contains correspondence with Manx National Heritage regarding Archaeological works. b. Preliminary Ecological Appraisal Report prepared by Manx Wildlife Trust (dated August 2021). c. Division Plan showing subdivision layout of Area 1 and individual plots. d. Settlement Agreement between parties that own land within Area 1.
3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The site is within an area of land identified in the St. John's Local Plan 1999 as land designated for residential development, and as part of an area recognised as 'Area 1'. The site is not susceptible to flooding as shown on the Isle of Man Indicative Flood Maps. The site is also not within a Registered Tree Area, and there are no protected trees on site.
3.2 Local: St. John's Local Plan (1999) 3.2.1 Proposed development areas "AREA 1: THE AREA SOUTH OF PEEL ROAD to THE WEST OF BALLADOYNE ESTATE (In part) 2.7 This area represents part of the site designated for residential development in the 1982 Development Plan (Appendix D) which was also zoned for residential use in the 1991 Sector Plan (Appendix E). The Issues and Options document suggested that low density housing could be sited within this smaller area with a minimal impact on the amenities of adjoining residents and without compromising the visual setting of Tynwald Hill. Following consultation with the Department of Transport, vehicular access to this area was recommended through the adjoining Balladoyne estate.
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2.10 The Public Inquiry heard from Manx National Heritage that the development site, in particular field 0071 (the field to immediately west of numbers 8 and 9, Balladoyne estate) should not be accepted due to the presence of a mediaeval chapel and crop marks. The Inspector did not accept that the development of the field should be resisted on this basis and suggested that the site should continue to be included for development but with some provision in the development brief to allow for any archaeological finds to be properly dealt with. The Department concurs with this recommendation."
3.2.2 On this basis Policy RES/P/1 and Development Brief for Area 1 were considered appropriate for inclusion within the written statement. "POLICY: RES/P/1 2.11 RESIDENTIAL DEVELOPMENT SHALL BE PERMITTED WITHIN DEVELOPMENT AREA 1 IN ACCORDANCE WITH THE FOLLOWING DEVELOPMENT BRIEF. Development Brief:
a. The maximum number of units which may be developed on this site is six (6). b. All dwellings shall be single storey (dormer accommodation will not be permitted). c. No detailed application for development of any dwelling will be approved until such time as a detailed application for the installation of roads and sewers together with the indication of plots and landscaping, has been approved by the Planning Committee. d. The application for the development of the site must include an indication of the temporary route to be used by construction traffic and such route must not be through the Balladoyne estate. Such a temporary route must be removed and the site made good when construction works are completed. e. Permanent access to the site after the development is completed may be taken through the Balladoyne estate. f. No development may commence until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved by the Department. Such a scheme must be included as part of any detailed application for consideration and the applicant is strongly recommended to consult Manx National Heritage in this respect. g. Whilst field 9378 (that immediately behind Balladoyne Farmhouse) has been included within the development area, this land may only be used or developed in association with the existing adjacent properties (Balladoyne Farmhouse, "Allo" and 11, Balladoyne Estate and the building known as the Methodist Church) and may not be used for the erection of any new dwellings."
3.3 National: STRATEGIC PLAN (2016) 3.3.1 The following Strategic Plan policies are also relevant: a. General Policy 2 - General Development Considerations. b. Environment Policy 4 - Protects biodiversity (including protected species and designated sites). c. Environment Policy 5 - Mitigation against damage to or loss of habitats d. Environment Policy 42 - new development should be designed to take into account the character and identity of the area. e. Housing Policy 4 - New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Refers to exceptional circumstances where new housing will be permitted in the countryside. f. Housing Policy 6 - Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive. g. Strategic Policy 1 - Efficient use of land and resources. h. Strategic Policy 2 - Priority for new development to identified towns and villages. i. Strategic Policy 3 - Development to respect the character of our towns and villages. j. Strategic Policy 4 - development proposals must protect or enhance the nature conservation and landscape quality of urban as well as rural areas.
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k. Strategic Policy 5 - Design and visual impact. l. Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel. m. Spatial Policy 3 - identifies service villages which includes St Johns, especially as it relates to the provision of housing development. n. Spatial Policy 5 - new development will be in defined settlements only or in the countryside only in accordance with GP3. o. Transport Policy 1 - Proximity to existing public transport facilities and routes, including pedestrian, cycle and rail routes important for new development. p. Transport Policy 3 - New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes. q. Transport Policy 7 - Parking considerations/standards for development. r. Community Policies 7, 10 and 11 provide guidance in respect of minimising criminal activity and reducing spread of fire, while Infrastructure Policy 5 deals with methods for water conservation.
3.4 Area: AREA PLAN FOR THE NORTH AND WEST
3.4.1 It must be noted that at the time of writing, the Draft Area Plan for the North and West is not formally adopted and is only, at this stage, a broad direction of how planning policy is reviewing the areas. Their proposals can still be challenged at a public enquiry where an inspector could reach a different opinion to the drafts. The final draft would also need to be ratified by COMIN. This means that the 1982 development plan remains the correct land use designation and no material weight is given to the Draft Area Plan for the North and West.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Residential Design Guide (2021) 4.1.1 This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
4.2 The Isle of Man's Biodiversity Strategy (2015 - 2025) 4.2.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.
5.0 PLANNING HISTORY 5.1 The following previous applications are considered relevant:
5.2 The most recent application for the site under PA 21/00365/A which sought Approval in principle for the erection of 1 detached bungalow addressing means of access, was granted approval by the Planning Committee on 26 September 2022. The application was approved subject to seven conditions, one of which required that an Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of the approval (Condition 2).
5.3 Approval was granted for the Creation of new vehicular entrance, and construction route across field (312711) to the application site which is within Field 312909 on 24 August 2020 under PA 20/00245/B.
5.3.1 The conditions of approval within that scheme are considered to be relevant to the current application as they set the parameters within which any development carried out on the site is to benefit from the temporary construction access should be set out to ensure highway safety, protection of trees and the preservation/restoration of the landscape after development.
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5.4 It will also be vital to consider PA 19/01324/B for the Erection of a detached dwelling at the neighbouring site. This application was initially refused by the Planning Officer for two reasons relating to the principle of the development and highway matters, but granted approval by the Planning Inspector for the erection of a detached dwelling on part of Field 312909 to which the site belongs being within Area 1.
5.5 PA 20/00787/B which is the most recent application for Area 1 is considered relevant to the current application. Paragraphs 6.2 and 6.3 of the Officer report states thus: "Principle 6.2 The application site is allocated for residential development for a maximum of six single-story storey dwellings, without dormers, served by roads and sewers for which an advance comprehensive layout is required to be approved as well as a programme of archaeological work provided, and there is to be no construction access via the Balladoyne estate.
6.3 Proposed is the erection of 5 dwellings coupled with the 1 already approved under 19/01324/B and thus bringing the total in line with the 6 referred to in Policy RES/P/1. Each of the proposed dwellings are single storey although the roof spaces would be capable of accommodating a second floor, each roof would contain only roof-lights and there are to be no dormers and in this respect would be compliant with Part (b) of Policy RES/P/1. The proposal includes a turning head at the end of the Balladoyne estate road and how access to each of the 6 plots would be achieved and there are details shown to demonstrate conceptually how drainage can be achieved. This level of detail mimics that considered sufficient by the Inspector of 19/01324/B and it would be unreasonable to not accept this level of detail now. Matters relating to safe access, archaeology and ecology are covered in more detail below but on a whole the principle of the proposal is considered to be acceptable in respect of the land use designation, RES/P/1 and GP2(a)".
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 DOI Highways Division have stated that they find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking subject to the service road, turning and parking areas to be implemented before first occupation of the proposals (15 March 2024).
6.2 Manx National Heritage support this application and suggest that the constraints and mitigation outlined in section 6.0 of the MWT Consultancy Services Preliminary Ecological Appraisal, form part of the consent if this application is deemed eligible for approval (21 March 2023).
Outdoor lighting plans are to be installed in accordance with best practise for bats.
6.4 German Parish Commissioners have indicated that they have no objection to the application (11 April 2024).
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6.5 The Owners/Occupiers of Plot 1, New Development, Balladoyne, St. Johns have made the following comments regarding the application (8 April 2024): o They state that the garage indicates windows at first floor level as well as at ground floor level both of which overlook their new house within 11 metres of plot 1. o They state that the main house faces their main habitable rooms and indicate that the roof lights are the balcony type that open to allow a person to use these as a balcony, which would overlook their property. o They also state that the ground floor glazing to the east from the kitchen and dayroom also faces within a short distance to their main rooms and private garden area. o They note potential impacts on trees. o They note that no archaeological survey has been submitted with the application.
6.5.1 In response to the comments made by the occupants of Plot 1, the applicants Agent have provided the following comments (30 April 2024): o The owner of Plot 1 is incorrect in their objection. The eastern façade of the garage which faces their property actually only has one window and at ground level. The higher windows that the owner refers are actually on the western façade overlooking the application site only. o A 2m high fence will also separate the garage from next door so there is no possibility of looking into next door from the garage. o The rooflights on the garage face northwards and southwards and not eastwards. The garage is single storey. o The main house does not face Plot 1. The principle elevations are northerly and southerly facing, NOT easterly. The windows that face east on the eastern gable are in the walls at ground floor only in the Kitchen and Dayroom. The gabble end is oriented such that the gable actually faces back down the access road and gated entrance, so it's not looking directly at the dwelling on Plot 1. There is a 2m high fence proposed for the boundary to Plot 1, so there is no opportunity for overlooking. o The rooflights referred in the objection are over the Living Room and Boot Room - both rooms are single storey. Overlooking is NOT an issue. o The house is located away from tree RPA's so there is no interference with roots and as a result no tree survey was required. o Pre-application consultation was held with Curator of Archeology at MNH and they concluded "no further programme of archaeological works" was required. An email has been attached to confirm this.
7.0 ASSESSMENT 7.1 The principle of development has already been established through the previous grant of an Approval in Principle under PA 21/00365/A for the erection of 1 detached bungalow addressing means of access. As such, the main issues to consider in the assessment of this planning application are: a. The Design and visual impact (STP 1, 2, 4 and 5, GP2, HP 4 & EP1); b. Landscaping (GP 2 and SP4); c. Impacts on neighbouring Residential amenity (GP2 & RDG 2021); d. Impacts on Tress and Ecology (EP4 & 5); e. Impacts on Highways and parking (TP 1, 3, 4 & 7; SP 10, & GP 2h & i); and f. Drainage Issues (GP2).
7.2 DESIGN & VISUAL IMPACT 7.2.1 In assessing the design and visual impact of the proposed development, it is considered that the overall layout, design and external appearance of the dwelling and detached garage would be in keeping with the context of the immediate vicinity, and the design of the new dwellings within the street scene which is mainly comprised of modern detached bungalows.
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7.2.2 Likewise, the external materials replicate the dominant materials in the immediate vicinity, whilst the overall building height, proportions, fenestration size and positions, are also largely in keeping with the locality. Additionally, the new dwelling would be single storey which would serve to ensure that its design ties in with the Development Brief for Area 1, stipulated within the St. John's Local Plan. This would also serve to minimise the visual impact upon the site and surroundings, whilst helping to blend the new dwellings into its surroundings.
7.2.3 It is also important to note that the design and layout allows for the integration of the new development with the landscape elements (trees and hedges), which creates a suitable landscape setting for the residential development, and would ensure that the dwelling is in keeping and sympathetic with the character of the site and surrounding area which has a good amount of tree cover.
7.2.4 Accordingly, the overall design, siting, layout, size, landscaping and finishes of the dwelling would all be acceptable and would create a pleasant housing development, without having significant adverse visual impacts to the amenities of the street scene, site or area.
7.3 LANDSCAPING 7.3.1 With regard to the proposed landscaping of the site, it is considered that the scheme provides a landscaping scheme on the proposed site plan, which includes the landscaping layout, details of plantings (trees/hedgerows/low level shrubs) to be planted on site, as well as their specific location on site. The scheme also shows areas of hardstanding allocated for parking and vehicular movement on site, as well as patio areas to be created on site. It is also important to note that the plan shows new areas of grassed lawn planting around the dwelling and garage. All these provide a coherent approach to the finishing of the site area to ensure that the proposals achieve a high standard of design, layout and amenity and makes provision for hard and soft landscaping which contributes to the creation of a high quality, accessible, safe and attractive environment, and these align with the aforementioned policies.
7.3.2 Overall, the landscaping proposals are acceptable and will ensure the development is well-integrated into the landscape setting in its current context which is adequately landscaped.
7.4 RESIDENTIAL AMENITY 7.4.1 With regard to potential impacts on neighbouring amenity, the property most likely to be impacted by the new development would be 'Plot 1, which is situated of the northeast of the new dwelling and east of the proposed garage, given that the proposed detached garage would sit at the boundary of the site and about 10.7m from the dwelling at Plot 1. However, it is not considered that there would be any adverse impacts on the amenity of this neighbour for the following reasons. Firstly, the garage would be single storey and the only fenestration on the east elevation would be at ground floor level, such that overlooking or overbearing impacts would not occur. It is also considered that the position of the garage close to the boundary is reflective of the dominant design within Area 1, and plantings/fencing are proposed for the boundary, which would serve to soften the views of the garage that would be obtainable from Plot 1.
7.4.2 The main dwelling is also not considered to result in adverse impacts on any of the neighbours given that it would be situated about 20m from the dwellings on Plot 1 and 2. Besides, significant planting of trees, new Hornbeam boundary hedge, and low level shrub plantings would be carried out at the boundary with this neighbours, together with a 2m high timber fence, and these would serve to ensure that no adverse impacts in terms of overbearing impacts or overlooking would result.
7.4.3 The comments made by the owners of Plot 1 regarding overlooking from rooflights, and areas of glazing are noted. However, the dwelling is single storey and the rooflights do not have balconies as have been erroneously considered. The fence and plantings proposed for the
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boundary would also not allows views to this neighbour, notwithstanding the about 20m distance between both dwellings which should diminish any overlooking concerns, even if the boundary treatments were not proposed. Further to the above, the new dwelling is oriented north and not northeast, which further diminishes any concerns that should result from the development.
7.4.4 In terms of impacts on any of the properties situated west and south of the proposed development, it is considered that the existing mature landscaping (trees and hedges) on this boundary would be retained with sufficient screening provided by the mature hedging. It is also important that the new dwelling would be single storey such that any rooflights and full height glazing would not offer elevated views towards these neighbours. The separating distance between the new dwelling and garage from any neighbouring properties would diminish any loss of light from occurring.
7.4.5 Based on the foregoing, it is considered that any impacts on the amenity of this neighbour resulting from the proposed development would be minimal.
7.5 IMPACTS ON ECOLOGY AND TREES 7.5.1 In terms of impacts on the biodiversity of the site, it is considered that the application is supported by ecological information which the Ecosystem Policy Team is content with. The Team, has, however, requested conditions regarding artificial bat and bird bricks, landscaping, and outdoor lighting plans, to ensure that appropriate mitigation is integrated within the development. Therefore, conditions would be attached to ensure that the required mitigation to protect ecological species on site form the core of any development carried out on the application site. The proposal is, therefore, considered to be aligned with the principles promoted by GP2 (d), Environment Policy 4, and Environment Policy 5.
7.5.2 With regard to impacts on trees, it is noted that two small trees on site are to be removed to enable the proposed development. However, six trees, together with significant plantings of new Hornbeam boundary hedge, and low level shrub planting is proposed for the site, which would offer sufficient mitigation for the removed tree. Likewise, the new dwelling and garage are set considerably away from the retained trees within the site and on the boundary, such that there would be no incursions into the tree root areas. This separating distance between the new buildings and trees would also serve to ensure that there are no future pressures to remove trees on the site or boundary to provide required amenity. As such, it is considered that the development complies with Environment Policy 3 and GP 2 (f) with regard to impact on trees, although conditions would be imposed to ensure that tree protection measures are integral elements of the proposed development, and that all new trees and plantings proposed are carried out as stipulated in the plans.
7.6 HIGHWAY IMPACT/PARKING 7.6.1 In terms of impacts on highway safety, it is considered that the proposed access arrangement, including visibility would be appropriate for the site and the single dwelling proposed for the site, and would offer safe access onto the existing estate road, and as such is acceptable.
7.6.2 With regard to off road parking, the dwelling would have at least 4 spaces provided within the site (2 within garage and two within site), with space available to enable the parking of additional vehicles on site, if required, which would meet the requirements of Transport Policy 7 as stipulated within Appendix 7 of the IOMSP. Additionally, the site is within walking distance to public transport corridor along the A1 which increases the public transport options available to future occupants.
7.6.3 Likewise, Highway Services have assessed the proposal and raise no objections subject to the service road, turning and parking areas being implemented before first occupation of the
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proposals. Therefore, it is considered that this element of the scheme complies with the requirements of the aforementioned policies.
7.7 DRAINAGE ISSUES 7.7.1 With regard to drainage for the site, it is considered that the new dwelling and garage would be served by soakaways for surface water drainage, foul sewage connected to a new sewer system proposed under PA 20/00787/B which would discharge to MH 9701. These would ensure that the site is appropriately drained. However, an appropriate condition would be imposed to ensure that the new dwelling is not occupied until the new sewer system has been completed and operational. Based on the foregoing, it is considered that the proposed scheme would comply with GP 2 (j).
7.8 Other Matters 7.8.1 Archaeological Concerns 7.8.1.1 In terms of archaeological Concerns with the current proposal, it is noted that the site holds the potential to support vital ecological findings. However, the advice from Manx National Heritage confirms that that a further programme of archaeological works will not be required for the site. They have, however, stipulated that MNH will require access to the site whilst topsoil is stripped to check for and record any archaeological features that might be exposed. It is, therefore, considered that the proposal would align with the requirements of Environment Policy 40 of the Strategic plan.
7.8.2 Deeds and Covenants 7.8.2.1 Whilst the applicants have provided details of land agreements, and subdivision plans that show agreed land divisions, the issue of Covenants or details contained within Deeds are civil legal matters that lie outside the scope of the planning application as land ownership is a civil matter and would hold no weight in the assessment of a planning application. Any determination under the Town and Country Planning Act 1999 can neither create nor detract from land ownerships, any right of way, or other civil legal rights and obligations as may exist between the parties. Considering these bear no weight in a planning decision, the application has been assessed with respect to the Strategic Plan policies which set the benchmark for assessing proposed developments, with no reference made to the stated deeds and covenants.
8.0 CONCLUSION 8.1 Overall, and for the for the reasons indicated within this report it is concluded the proposals comply with the relevant planning policies of the Isle of Man Strategic Plan 2016, Residential Design Guide 2021 and the St John's Local Plan. It is considered that the scheme as proposed would not have significant adverse impacts upon public or private amenities, or result in adverse visual/landscape impacts. Accordingly, the application is recommended for an approval.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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9.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 14.08.2024
Determining officer Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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