15 October 2024 · Acting Head of Development Management (Abigail Morgan)
Land East Of Watersmeet, Phildraw Road, Ballasalla, Isle Of Man, IM9 3du
The proposal is for an L-shaped two-storey dwelling measuring 22.54m by 48.44m with a height of 10.057m, featuring a slate roof, white render, red cedar timber cladding, dark grey windows and doors, and a garage, on a site zoned Predominantly Residential in Ballasalla.
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The officer concluded the proposal complies with relevant policies as it is located on previously approved residential curtilage within a Predominantly Residential zone in Ballasalla, aligning with St…
Strategic Policy 1
Requires development on previously developed land utilising existing infrastructure. Site follows approved residential curtilage in residential zone, making best use of land within settlement.
Strategic Policy 2 - Priority for new development to identified towns and villages
Focuses new development in existing settlements unless complies with GP3. Ballasalla site within settlement boundary deemed compatible.
Strategic Policy 3 - To respect the character of our towns and villages
Identifies Ballasalla as service village for new development. Proposal aligns as infill in built-up cluster.
Spatial Policy 5
Requires well-designed development. Materials and height fit mixed streetscene of two-storey homes and bungalows.
Strategic Policy 10
Promotes integrated journeys minimising car use. 4 parking spaces and turning area accepted despite distance to public transport.
General Policy 2
Covers development control including amenity, highways, ecology. Proposal provides satisfactory standards, no neighbour harm, adequate parking.
Housing Policy 4
New housing primarily in towns/villages. Site in Ballasalla village zoning.
Housing Policy 6
Residential development per area plan design brief. Complies with Predominantly Residential zoning and para 6.2.
Transport Policy 1
Development near public transport. Within settlement, visibility splay approved previously.
Transport Policy 4
Safe journey provisions. Highway Services no objection.
Transport Policy 7
Parking standards met with 4 spaces.
Environment Policy 42 - character and need to adhere to local distinctiveness
New development respects settlement character. Design not at variance with surrounding varied properties.
Environment Policy 3
Prevents loss/damage to woodland. Conditions protect registered trees and require replacement planting.
Environment Policy 10 - Development and flood risk
Flood Risk Zone requires assessment. FRA section 8.1 conditioned.
Environment Policy 13 - Development and flood risk
No unacceptable flood risk on/off site. Managed via soakaways, permeable paving, Biodisk.
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Bat and bird mitigation plan
The development hereby approved shall not be commenced unless a bat and bird mitigation plan has been submitted to and approved in writing. The mitigation plan shall include the type, specification, location of the bat roost room, bat access tile and bat boxes, new nesting locations suitable for barn swallow, an open fronted next box suitable for wagtails and robins and an integral brick suitable for swifts. Details should also be provided about the measures to be implemented to prevent collisions on to clear glass balustrades. Measures could include use of etching, ultraviolet coatings or decals. The proposals shall be carried out in accordance with the approved details and retained thereafter. Reason: In the interests of protecting and enhancing the biodiversity of the environment.
External lighting plan
No permission is hereby given for the installation of any external lighting to the barn hereby approved, unless a low level lighting plan, in accordance with the Bar Conservation Trust and Institute of Lighting Professionals Guidance Note 08/23 - Bats and Artificial Lighting (2023), is submitted to and approved in writing to the Department prior to works commencing and this approved lighting scheme shall be installed prior to occupation of the barn and retained thereafter. Reason: To safeguard roosting bats and in the interests of biodiversity.
Tree protection
All existing trees shall be retained, unless shown on the approved drawings as being removed. All trees on and immediately adjoining the site shall be protected from damage as a result of works on the site, to the satisfaction of the Department in accordance with British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction - Recommendations) for the duration of the works on site and the development is completed. In the event that trees become damaged or otherwise defective during such period, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. In the event that a tree dies or is wilfully removed without prior consent it shall be replaced as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with trees of such size, species and in such number and positions as may be agreed with the Department. Reason: to ensure the continuity of amenity afforded by existing trees.
Flood risk mitigation
The flood risk mitigation as stated within section 8.1 of the Flood Risk Assessment dated received on 9th May 2024, and shown on drawing no. 317/022 must be carried out during the construction process. Any alterations to the proposed flood risk mitigations must 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: to ensure that there is adequate flood protection of the site and the application has been considered on the basis of the flood risk management proposed.
Soft landscaping scheme
No development shall be commenced until a soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of all trees, hedgerows and other planting which are to be retained; details of all other boundary treatment and finished ground levels ; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; the location of grassed areas and a programme of implementation. All soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out in full accordance with the programme approved in writing by the Department and retained thereafter. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. Reason: To ensure the provision of an appropriate landscape setting to the development.
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.
Replacement tree planting
The replacement tree planting as shown on drawing no. 317/020, shall be carried out in accordance with the planting and maintenance plan landscape scheme (on the proposed site plan), 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 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 trees already removed to facilitate the development.
no significant negative impact upon highway safety, network functionality and/or parking
No objection, subject to DOI Flood Risk approval
DEFA Biodiversity requests conditional approval with detailed landscaping, CEMP, bat/bird boxes, and lighting plans due to inadequate mitigation for tree loss and ecological features. Other consultees including Highways, Malew Parish, DEFA Forestry, and Flood Risk Management raise no objections subject to specific conditions.
Key concern: inadequate landscaping and native species replanting to mitigate tree loss and protect ecological features including Awin Ruy stream
DEFA Biodiversity
Conditional No ObjectionThe Ecosystem Policy Team can confirm that Ecology Vannin’s (EV) Preliminary Ecological Appraisal Report (PEAR) dated April 2024, is all in order; a greater level of replanting is required than is currently proposed; We also not agree with the use of herbicides in the areas of planting
Conditions requested: No works to commence unless a soft landscaping plan has been provided to Planning and approved in writing. The plans should include, species names, locations, numbers and specifications, as well as timescales for new planting.; No works, including vegetation clearance and enabling works, to commence unless a Construction Environmental Management Plan (CEMP) has been submitted to the Department and approved in writing. The CEMP shall include, but not necessarily be limited to: Protection measures for the Awin Ruy Stream; Responsible working methods for the protection of nesting birds, common frogs and roosting bats; Responsible working methods for the avoidance or eradication of Wildlife Act 1990 Schedule 8 invasive non-native plant species Griselinia littoralis and Montbretia Crocosmia x crocosmiliflora.; No works to commence unless a bat and bird box plan written by a suitably qualified ecological consultancy, has been submitted to Planning and approved in writing.; No permanent external lighting to be installed unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to Planning and approved in writing.
DEFA Forestry
Conditional No Objectionthere should be no need for further tree removal to facilitate works; the trees are registered we would be unlikely to grant permission for their removal without a valid reason
Conditions requested: 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 dwelling, other than in accordance with the approved plans and particulars.; Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TP-280324) prepared by Manx Roots and submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process.; The replacement tree planting shall be carried out in accordance with the planting and maintenance plan landscape scheme (on the proposed site plan), 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.
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.
Malew Parish Commissioners
Conditional No ObjectionNo objection, subject to DOI flood risk approval.
Conditions requested: subject to DOI flood risk approval
DOI Flood Risk Management
Conditional No ObjectionDNO
Conditions requested: Suggest conditioning the recommendation 8.1 in the FRA provided.