DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/00514/REM Applicant: Phlash Holdings Limited Proposal: Reserved Matters application to PA 21/01478/A for the erection of a detached dwelling with associated driveway and landscaping, addressing siting, internal layout, landscaping, drainage, design, and external appearance Site Address: Land East Of Watersmeet Phildraw Road Ballasalla Isle Of Man IM9 3DU Planning Officer: Vanessa Porter Photo Taken: 29.07.2024 Site Visit: 29.07.2024 Recommended Decision: Permitted Date of Recommendation: 08.10.2024 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. 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.
• C 3. 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.

• C 4. 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.

• C 5. 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.

• C 6. 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.

• C 7. 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.

• C 8. 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.

This application has been recommended for approval for the following reason.

The proposal is not considered to result in adverse visual impacts on the site and streetscene, nor detrimental impacts on neighbouring amenity, and the development would be afforded appropriate amenity provisions, meet the parking requirements, and would have acceptable highway safety impacts. Therefore, considered to comply with Strategic Policy 1, 2, 3, 5 & 10, General Policy 2, Housing Policy 4 & 6, Transport Policy 1, 4, 7 and Environment Policy 42 of the Strategic Plan.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 9th May 2024;

• o Covering Letter
• o Design Statement
• o Drawing No. 317/001
• o Drawing No. 317/002
• o Drawing No. 317/020
• o Drawing No. 317/021
• o Drawing No. 317/022
• o Flood Risk Assessment
• o Drawing No. SK01 Rev A

This decision also relates to a Preliminary Ecological Appraisal Report dated received 31st May 2024. _______________________________________________________________

Interested Person Status

It is considered that the following Government Department should be afforded Interested Person Status as they have raised material consideration in their representations in accordance with Article 4(2):

DOI Flood Risk Management Division ___________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is a parcel of land that is situated to the North East of Fildraw Road and is accessed via an entrance gate situated to the West of the overall site. - 1.2 The site is surrounding by trees upon all sides, with a stream/river which abuts the North West side of the site. PROPOSAL

2.1 This application follows on from PA21/01478/A which was an "Approval in Principle for the creation of a residential curtilage for a dwelling addressing means of access."

2.2 The application seeks approval for the erection of an L shaped two storey dwelling, which is to be situated to the North West of the overall site and follows on from the approved approval in principle application PA21/01478/A. - 2.3 The proposed dwelling is to measure 22.54m by 48.44m at its largest part, with an overall height of 10.057m. The materials proposed are a slate roof, lead box dormer, black rainwater foods, dark grey fascias and barge boards, dark grey windows and door frames, red cedar timber cladding and personal doors, white render and dark grey garage doors. - 2.4 The proposed dwelling is to provide an open plan living room/kitchen, utility, snug, study, WC and a two-car garage to the ground floor level and four bedrooms, two of which are onsuite and a separate bathroom to the first floor level. PLANNING HISTORY

3.1 There is one previous application which is relevant to the assessment of this application, PA21/01478/A which was for, "Approval in Principle for the creation of a residential curtilage for a dwelling addressing means of access," and was Permitted with 5 conditions for time scale of submission, what's required in a reserved matters application, the requirement for an arboricultural method statement (approved under PA23/10049/AIR) and that the driveway/ vehicular access must be constructed prior to occupation of the dwelling. - 3.2 This application satisfies Condition 2 and does not go against Condition 3 of PA21/01478/A. PLANNING POLICY

4.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the South, Map 4 - Ballasalla. The site is not within a Conservation Area but a small area of land situated to the North West is within a Flood Risk Zone and surrounding the site are Registered Trees under RA2004. - 4.2 Given the nature of the application and the land designation there are several relevant policies from the Isle of Man Strategic Plan including;

• Strategic Policy 1 - development should be located to make best use of previously developed land, redundant and underused buildings and utilising existing infrastructure;
• Strategic Policy 2 - focuses new development in existing settlements unless complies with GP3; Spatial Policy 3 - identifies Ballasalla as a service village Strategic Policy 5 - development must be well designed; Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel; General Policy 2 - detailed 'development control' considerations; Community Policy 7 - designed to prevent criminal and antisocial behaviour; Community Policies 10 & 11 - implement best practice so as to reduce the outbreak and spread of fire; Housing Policy 4 - new housing will be located primarily within the existing towns and villages Housing Policy 6 - development in residential areas must be in accordance with the design brief of the area plan or in absence of a brief Paragraph 6.2 Transport Policy 1 - new development should be located close to existing public transport facilities and routes Transport Policy 4 - safe and appropriate provisions for journeys; Transport Policy 7 - parking standards Environment Policy 3 - seeks that development will not result in an unacceptable loss or damage to woodland areas. Environment Policy 10 - seeks that development in a Flood Risk Zone is accompanied with a Flood Risk Assessment Environment Policy 13 - seeks that development would not result in unacceptable risk to flooding on or off site

Environment Policy 42 - sets out new development within existing settlements must take into account the particular character and identity Infrastructure Policy 5 - methods for water conservation

4.3 The strategic plan gives guidance on the interpretation of "Infill development(1)" (in the sense of filling a small gap in an otherwise built-up frontage) may be acceptable in built up areas, but the value of spaces between buildings should not be underestimated, even in small settlements.

4.3 Other Material Considerations

• 4.3.1 The Department has published the Residential Design Guidance (July 2021) which 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 property. This includes specific guidance on new houses, and impacts on Neighbouring Properties. REPRESENTATIONS
• 5.1 The following consultations can be seen online in full,

5.2 Highway Services have considered the proposal and states, " After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking. If not already, the DOI drainage team should be consulted on the drainage proposals of the application." (17.05.24)

5.3 Malew Commissioners have considered the proposal and state, "No objection, subject to DOI Flood Risk approval." (30.05.24) - 5.4 DOI Flooding have considered the application and suggest that 8.1 of the Flood Risk Assessment is conditioned. (11.09.24)

5.6 DEFA Ecosystem Policy Team have considered the application and have requested several conditions be attached. (03.06.24) - 5.7 DEFA Assistant Arboricultural Officer has considered the application and has provided several conditions regarding the trees on site and their preservation. (18.09.24)

ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are:

• - principle of development (SP1, SP2, SP3, HP4, HP6)
• - character and appearance (SP5, GP2, EP42, RDG)
• - highway safety/ parking standards (SP10, GP2, TP1, TP4, TP7)
• - impact on neighbouring properties (GP2, EP22)
• - impact of future occupants (GP2)
• - ecology and registered trees (GP2)
• - drainage

- 6.2 PRINCIPLE (SP1, SP2, SP3, HP4, HP6)

• 6.2.1 As outlined in section 2 of this report, in which the application follows an approval in principle application and section 4 of this report which states that the site is situated within an area zoned as "Predominantly Residential," which implies that the creation of an additional independent residential unit within the site would be compatible with the land zoning and the surrounding streetscene which is existing residential dwellings. Whilst the site is a short distance away from the already existing public transport links, it is situated within the main settlement boundary and as such by dint of its location is deemed to align with Strategic Policy 1, 2 & 3 and Housing Policy 4 / 6 of the Isle of Man Strategic Plan 2016.

• 6.2.2 Recognising the above, it is considered that the proposed development aligns with the land use zoning within the Area Plan for the South and that the application meets the Reserved Matters within PA21/01478/A. It is however, worth noting that the factors highlighted above do not provide an automatic approval for residential use of the site, given that further residential development within the site would have to be appropriate for the existing site character, character of the locality and not to have adverse impacts on other attributes of the site, such as access and highway issues, drainage, neighbouring amenity and amenity for future occupants.
• 6.3 CHARACTER AND APPEARANCE (SP5, GP2, EP42, RDG)

• 6.3.1 When looking at the character and appearance of the proposal and whether it would have a visual impact upon the streetscene. The change from a field to residential will be noticeable within the overall streetscene, with not only the built fabric being seen from the main road but the residential paraphernalia which will go with a residential property. Whilst this is the case, the site is situated within a cluster of properties, as such, ultimately over time the built fabric and paraphernalia will settle within the overall streetscene.
• 6.3.2 The proposed character and appearance of the new dwelling is of materials which are becoming more and more prevalent in residential properties, with this in mind and noting that the dwellings situated where the application site is proposed are less traditional in appearance and all different, the proposal is deemed to be acceptable and does not introduce features that are at variance with the prevailing design of the surrounding properties and as such complies with Environment Policy 42.
• 6.3.3 The overall streetscene is a mixture of both two storey and bungalows, with the proposed height of the dwelling being deemed acceptable from a character and appearance point of view as it would fit within the already existing streetscene.
• 6.4 HIGHWAY SAFETY / PARKING STANDARDS (SP10, GP2, TP1, TP4, TP7)

• 6.4.1 Turning towards Transport Policy 7 and whether the proposal provided enough parking for the site. Based on the information provided the site has at least 4 parking spaces, two spaces within the proposed garage and two spaces within the proposed driveway. The proposal also includes a turning area.
• 6.4.2 It's noted that Highway Services are happy with the visibility splays which were provided under PA21/01478/A and with the proposal within this application. Therefore, it is considered that the proposal complies with the requirements of Transport Policy 1 and Strategic Policy 10.

- 6.5 IMPACT ON NEIGHBOURING PROPERTIES (GP2, RDG)

• 6.5.1 Turning towards the potential impact of the proposed dwelling on the neighbouring properties, having visited the site twice there is a clear difference in the vegetation around the site. With this in mind it is noted that during the officers site visit for PA21/01478/A (dated

09.03.22) views were awarded from the upper floors of both "The Vicarage" and "Moorecroft" which are situated to the East and South East of the proposed dwelling, when stood within the middle of the proposed site. There were also views directly into the rear garden to the North East of "Moorcroft," which was mostly accountable to the fact that there was no boundary treatment apart from minimal small fencing. During the officers second site visit (29.07.24) it was noted that a lot of the vegetation had grown and these views were not available anymore. As such there is a wide range of available views into and out of the proposed site depending on the season.

• 6.5.2 Firstly with regards to "The Vicarage" which is situated to the South East of the dwelling, there is over 20m distance from the window within the first floor to the boundary of both properties as such it is deemed that there would not be an impact on the "The Vicarage" by means of any perceived/ actual overlooking, overshadowing or overbearing impact.

• 6.5.3 Turning towards "Moorecroft," it's noted that five windows are situated within the ground floor level of the proposed dwelling and three to the first floor level which would face onto the rear garden of "Moorecroft." When looking at the windows, the ground floor would be deemed acceptable with the potential that more mitigation that what currently exists in the form of hedging could be sought and planted, with the windows to ground floor level all supporting non-habitable rooms. Two of the windows to first floor level support non-habitable rooms, with one window supporting an en-suite bathroom.
• 6.5.4 With the above in mind it is deemed that the proposal is unlikely to impact "Moorecroft" in terms of any perceived/ actual overlooking, overshadowing or overbearing impact, this also means that from a neighbouring impact point of view, the proposed height of the dwelling is deemed acceptable.

- 6.6 IMPACT OF FUTURE OCCUPANTS (GP2)

• 6.6.1 With regards to amenity provisions for the future occupants of the proposed dwelling, General Policy 2 (h) requires development is to have satisfactory standards in itself. In this case, the proposed detached dwelling would have outdoor amenity space appropriate for the scale of the dwelling and the number of bedrooms given. The view from the main living space is to the rear of the dwelling and should get amble sunlight for the site.

6.7 ECOLOGY & REGISTERED TREES (GP2, EP3)

• 6.7.1 The comments raised by DEFA Ecology are noted and conditions should be attached offset losses.

- 6.8 DRAINAGE

• 6.7.2 Having noted that there is a difference between the previously approved application and this application with regards to the trees on site, confirmation was sought from the DEFA Assistant Arboricultural Officer. It is noted that due to the main living of the property being to the North West, there is the possibility that the home owners might want to remove these trees for more light. As such due to the trees being registered conditions to protect them during the works and afterwards.
• 6.8.1 Turning towards the drainage on site and how this is to be managed, Section 5 and 6 of the Flood Risk Assessment provides how the surface water management and foul water management is to be done on site, which is a mixture of runoff through soak aways, permeable paving and a Biodisk, all of which are deemed acceptable.

CONCLUSION

7.1 The proposal is not considered to result in adverse visual impacts on the site and streetscene, nor detrimental impacts on neighbouring amenity, and the development would be afforded appropriate amenity provisions, meet the parking requirements, and would have acceptable highway safety impacts.

7.2 The proposal is, therefore, considered to comply with Strategic Policy 1, 2, 3, 5 & 10, General Policy 2, Housing Policy 4 & 6, Transport Policy 1, 4, 7 and Environment Policy 42 of the Strategic Plan and is therefore, it is recommended for approval. INTERESTED PERSON STATUS - 8.1 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.

8.2 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 _____________________________________________________________________

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 and/or rights to appeal.

Decision Made: Permitted Date: 14.10.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.