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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/00763/B Applicant : Eastlake Developments Ltd Proposal : Demolition of existing dwelling; construction of 3 detached dwellings; new entrance to replace existing entrance, removal of an existing entrance; providing a passing place to public road; creation of internal shared private access driveway, parking & turning; new foul and surface water systems Site Address : Ashwood Ballamenagh Road Baldrine Isle Of Man IM4 6AL
Principal Planner: Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 26.11.2024 __
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. 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.
C 3. Prior to the occupation of any dwelling hereby approved the approved works to the access of the site onto the Ballamenagh Road, creation of a passing place and visibility splay(s) all identified on drawing Nr 1054-07 REV A shall be constructed in accordance with the approved plans and the visibility splay(s) shall also be kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level.
Reason: In the interests of highway safety.
C 4. The swift bird boxes shall be installed in accordance with the details specified on Drawings Nos. 1054-03, 1054-04 and 1054-05 and shall be provided on that dwelling prior to
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its occupation. Once provided, the bird boxes, bat boxes and bee bricks shall be retained thereafter.
Reason: To safeguard statutorily protected species and in the interest of biodiversity (Environmental Policy 4 & 5.
C 5. All works to be undertaken in full accordance with the tree retention and protection measures, including use of Construction Exclusion Areas, shown in Drawing No. 1054-02 REV B and these shall remain in place till the construction phase of the development in that plot has been completed.
Reason: To retain and protect trees on the site, safeguard the character and amenity of the area, to provide ecological, environmental and bio-diversity benefits.
C 6. No retained tree or hedgerow shall be cut down, uprooted, or otherwise destroyed during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars as shown on drawing 1054-02 REV B. In the event that existing trees marked for retention die or become damaged or otherwise defective prior to commencement or during the construction phase the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Reason: Required to safeguard and enhance the character and amenity of the area, to provide ecological, environmental and bio-diversity benefits and to enhance its setting within the immediate locality.
C 7. 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.
C 8. All planting, seeding or turfing comprised in the approved details of landscaping on drawing 1054-02 REV B must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the development, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. The hard landscaping works (i.e. footpaths etc) shall be completed in full accordance with the approved details prior to the first occupation of the development thereby permitted.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 9. Prior to the occupation of any dwelling the soakaway/swales and foul water pump/drains as shown on Drawings Nr 22-152-01 REV C and Nr 1054-02 REV B shall be completed ready for use and retained thereafter.
Reason: In the interest of surface and foul water drainage.
C 10. Prior to the occupation of any dwelling the passing place/highway works as shown on drawings 1054-02 REV B and 1054-07 REV A shall be completed and retained thereafter.
Reason: In the interest of highway safety improvements.
This application has been recommended for approval for the following reason.
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Overall, it is considered the proposal would be developing a site which is designated for residential development currently and one which has gain previously planning approvals for greater levels of development on this site; albeit a single much larger replacement dwelling. The proposal would provide an additional supply of housing within an existing settlement and would meeting the overarching aims of the IOM Strategic Plan.
In relation to highway safety there are no concerns raised and it is considered the level of parking provision is appropriate for the level of development. The inclusion of a passing place for all road users of the Ballamenagh Road, is of benefit.
Finally, there are no adverse impacts to protect species on this site and appropriate conditions in place to ensure biodiversity on the site is provided and would result in an energy efficient development. Further, the development in terms of foul sewerage would connect to the existing mains services for foul water in compliance with planning policy without having any significant adverse impacts upon the environment.
There are not considered to be any significant impacts upon neighbouring residential amenities to warrant a refusal.
In conclusion, the proposal would comply with; Strategic Policy 1, 2, 3, 4, 5, 10 & 11, Spatial Policy 2 & 5, General Policy 2, Environment Policy 4 & 42, Housing Policy 1, & 2, 3, 4 & 6 and Transport Policy 1, 4, 6 & 7 of the IOM Strategic Plan 2016, Area Plan for the East and the Residential Design Guide 2021.
Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on;
04.07.2024 1054-01 1054-03 1054-04 1054-05 1054-06 1054-08 01 Planning Statement - Sarah Corlett Town Planning Consultancy External Finishes Example Images Computer Generated Images Part 1 & 2 Photographic Record Part 1 & 2
04.07.2024 1054-07 REV A
01.11.2024 22-152-01 REV C 1054-02 REV B Planning Statement Relating to Drainage Issue 2.0
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Interested Person Status
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
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Manx Utilities
It is recommended that the following persons 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):
Cubalibre Moar, Ballamenagh Road, Baldrine as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (2019).
It is recommended that the following persons should not be given Interested Person Status as they are not 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):
Manx Wildlife Trust The owners/occupants of Berberis Cottage, Pinfold Hill, Laxey
As they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE DUE TO OBJECTION FROM LOCAL AUTHORITY BUT RECOMMENDED FOR AN APPROVAL
1.0 THE APPLICATION SITE 1.1 The application site is the residential curtilage of a detached dwelling located on Ballamenagh Road in Baldrine. 'Ashwood' is a bungalow with limited architectural merit or interest, having an appearance of a 1970's bungalow, with painted pebbledash wall finish and concrete roof finish.
1.2 The property occupies a large plot (0.48 hectares / 1.2 acres), all of which is a residential garden. Situated on the southern edge of this part of Baldrine, the application site marks the end point of the settlement on this side of Ballamenagh Road, before the character is mainly of agricultural fields to the south of the site. To the north of the site is Baldrine Park which is made up of similar styled properties, while to the west of the site is Ballamenagh Beg Farm which includes larger detached traditional dwellings, converted barns and other single storey bungalows.
1.3 The site itself is flat, but due to the area's topography, existing vegetation, and the presence of Baldrine Park to the north, views of 'Ashwood' are surprisingly limited. Distant views into the site are available from the Ballanette Nature Reserve and Raad-ny-Foillan to the southeast. The site is generally most apparent when immediately passing the site along the Ballamenagh Road.
2.0 THE PROPOSAL 2.1 The application seeks full planning approval for demolition of existing dwelling; construction of 3 detached dwellings; new entrance to replace existing entrance, removal of an
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existing entrance; providing a passing place to public road; creation of internal shared private access driveway, parking & turning; new foul and surface water systems.
2.2 The proposed three dwellings which have a similar style in terms of design approach and finishes; albeit are each different designed and sized properties, with Plot 3 being the largest and Plot 2 the smallest. Each dwelling would have its own parking and turning facilities and would share a private road within the site, which runs parallel with the Ballamenagh Road along part of the western boundary of the site. The majority of the existing hedgerow/Manx bank along this boundary would be retained and would run between the Ballamenagh Road and the private road serving the three properties. The private road accesses onto the Ballamenagh Road to the north-western corner of the site. This access existing currently, albeit being altered/widened. Immediately to the south of this altered access is an enlargement of the highway to create a passing place. To undertake these elements part of the existing hedgerow/Manx bank would be removed and replaced with a new hedgerow/Manx bank set further into the site.
2.3 Visibility splays of 2.4m x 120m in a north-westerly direction (towards Baldrine Park) and 2.4m x 100m in a southerly direction would be provided.
2.4 Each dwelling in terms of form and proportion are generally traditional with pitched roofs and gables utilised, with vertically proportioned windows and finishes of painted render and stone. However, the overall design approach, namely the window fenestration designs/sizes and Standing Seam Roof Covering giving a more contemporary approach overall.
2.5 Each dwelling would have gardens to the front and rear. Each would have front 1m high Manx stone walls facing onto the private road and front garden boundaries of each plot. Landscaping is proposed throughout and also reinforcements to existing landscaping to all boundaries of the site.
2.6 Regarding surface water drainage, a private swale and soakaway is proposed to run along the majority of the western boundary of the site, this will drain any surface water of the three properties, including roof, driveways and private road. The design criteria for all proposed surface water drainage is 1 in 50 year storm event.
2.7 In terms of foul drainage, the proposed layout and topography of the site is such that the foul drainage system is to be a combination of both gravity and pumped mains, due to the location and level of the existing MUA assets within the existing Baldrine Park residential estate.
3.0 PLANNING HISTORY 3.1 The application site has been the subject of a number of previous planning applications; however, the following are considered the most relevant;
3.2 Erection of four detached dwellings with garages and associated access road - 21/00992/B - WITHDRAWN
3.3 Erection of a replacement dwelling - 15/00668/B - APPROVED. This approved a replacement dwelling of a floor space of almost 730sqm, compared to the existing which has a floor space of almost 175sqm. It should be noted that this was pre the adoption of the Area Plan for the East in 2020 where this site was within wider areas of land designated as open space/agricultural use and also as being of high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005.
3.4 Erection of a replacement dwelling with associated landscape works - 11/00933/B - APPROVED. The floor area of the approved replacement dwelling was estimated to be 439 square metres, which equates to an increase in floor area of 152%.
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4.0 PLANNING POLICY 4.1 LOCAL PLAN 4.1.1 The site is designated on the Area Plan for the East 2020 as "Predominantly Residential". The site is also designated as being within the "Settlement Boundaries" of Baldrine. This site is not within a Conservation Area nor in a High Flood Risk Area. It is noted that there is a "Low Likelihood" surface water flood risk along the Ballamenagh Road which runs along the western boundary of the site.
4.2 STRATEGIC PLAN 4.2.1 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application;
Strategic Policy 1 Efficient use of land and resources 2 Priority for new development to identified towns and villages 3 To respect the character of our towns and villages 4 Protection of built heritage and landscape conservation 5 Design and visual impact 10 Sustainable transport 11 Housing Needs
Spatial Policy 2 Identified Baldrine as a Village 5 Building in defined settlements or GP3
General Policy 2 General Development Considerations
Environment Policy 4 Wildlife and Nature Conservation 22 Development will not be permitted where unacceptable pollution occurs 42 New development in existing settlements must be designed to take account of the particular character and identity
Housing Policy 1 General need for additional housing from 2011 -2026 2 Supply of designated housing land available 3 Defined housing provision per area 4 Location of new housing and exceptions 6 Development Briefs
Transport Policy 1 Be located close to existing public transport facilities 4 Highway Safety 6 Equal weight for vehicles and pedestrians 7 Parking Provisions
4.3 RESIDENTIAL DESIGN GUIDE 2021 - Section 3.0 New Houses 4.3.1 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.
4.5 Isle of Man Economic Strategy 4.5.1 The Isle of Man Economic Strategy was approved by Tynwald in November 2022. The Economic Strategy outlines a 10-15-year strategy which seeks to,
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"...build a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which positively impacts all residents on the Isle of Man".
4.6 UNESCO Biosphere Isle of Man 4.6.1 UNESCO Biosphere Isle of Man is all about keeping the Isle of Man a special place to live, work and visit. The Isle of Man is the first entire Island Nation in the world to receive this designation. The UNESCO Biosphere Isle of Man project does not seek to prevent any specific actions, but to promote enjoying and celebrating the Isle of Man to the full, making it an even better place to be and promoting engagement. The Biosphere Reserves are about achieving a good working balance between people and nature' and the Accreditation reflects how the Isle of Man manages its environment, community and economy, acknowledging that all three components are necessary to achieve a sustainable situation. The Biosphere related guidance, as summarised below, is not formal planning policy but the designation is capable of being a material consideration.
5.0 REPRESENTATIONS It should be noted that full comments made by all representations are available on the Online Services. Below are the final comments received from the various parties;
5.1 Garff Parish Commissioners comment (08.08.2024); "The Board considered the details presented in these proposals and have resolved to Object to the application. Please see additional comments below:
o Members note that the applicant has proposed three large dwellings on the land and acknowledge that this is a reduction from the four dwellings that were proposed in the previous application PA 21/00992/B.
o After assessing the site plan, Members believe that the scale of the proposals still constitutes 'over-intensive' development of a site which sits in an extremely sensitive location.
o If successful, the development would have a considerable impact on the immediate area. Currently the 'low-level' development at Baldrine Park forms a restrained 'transition' between an open rural landscape and the settlement. The size and height of the proposed dwellings would significantly increase the impact of this transition and would be highly detrimental to the character of the adjacent agricultural land and countryside: both in the immediate area and in wider views.
o The Commissioners share the concerns of the DEFA Ecosystem Policy Officer and of MWT in regard to sewage discharges into Laxey Bay.
o The Commissioners also note the measured comments of the Highways Officer and the mitigations included by the applicant's agent, but feel that the development will have an undesirable impact on road safety through additional traffic movement, etc.
After considering the application carefully, the Board has resolved to submit an Objection on the grounds outlined briefly above.
The Commission thanks the Planning Authority for the opportunity to comment on this application."
5.2 Highway Services (DOI) make the following final comments (30.07.2024 & 15.08.2024);
"Previous Highways response to the above application (dated 30/07/24) requested alterations to be made to southern extent of the passing place, and the submission of a road safety audit. The agent has now reduced the angle of entry at the end of the passing place, making the
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transition back to original highway more gentle. Additional measures, if required, such as lining can be provided at the Section 109(A) Highway Agreement stage. The scheme is still subject to a road safety audit, which may identify additional changes to be made to the highway alteration. However, the agent has agreed to defer the submission of the road safety audit until the highway agreement stage, accepting the risk of potential redesign of the highway elements and subsequent minor amendment planning applications. The proposal raises no significant road safety or highway network efficiency issues, accordingly, Highway Services DC raises no objection to the proposal subject to all access arrangements to accord to Drawing No. 1054-02 Rev A and 1054-07 Rev A, and for all access, parking and associated highway works to be complete prior to first occupation. The applicant this advised that a S109 agreement is required post planning consent."
5.3 Ecosystem Policy Officer (DEFA) comments (02.08.2024): "The Ecosystem Policy Team do not object in principle to the use of this site for additional residential dwellings, and the proposed design of the site is appropriate with new tree, hedge and wildflower planting, which we would seek to be secured via condition, alongside the proposed tree protection measures.
However, the DEFA Ecosystem Policy and Fisheries Teams are aware of historic and ongoing raw sewage discharges into Laxey Bay Marine Nature Reserve, which originate from Baldrine residents, and which has recently been highlighted in local media https://www.manxradio.com/news/isle-of-man-news/garff-commissioners-under-fireover-plans- to-renew-swimming-raft/
DEFA is fully aware of the ongoing efforts to develop a new sewage treatment facility for Laxey, and remove the current, large raw sewage discharges into this statutorily protected marine protected area. The removal of undesirable legacy infrastructure is a positive initiative and should improve water quality in Laxey Bay, which does not currently meet standards for bathing waters (https://www.gov.im/media/1383442/2023-bathing-water- report_compressed.pdf) and poses a risk to protected eelgrass beds within the MNR.
It is therefore a retrograde step to be attempting to reduce raw sewage discharge in the northern part of Laxey Bay MNR, while potentially increasing it in the southern part by approving additional housing development in the Baldrine area without the adequate supporting infrastructure, and connection to an appropriate sewage treatment facility.
As such DEFA Ecosystem Policy and Fisheries Teams objects to the proposed development on the basis of greater likelihood of increased raw sewage discharge into a statutorily protected marine nature reserve, and in possible contravention of the Manx Marine Nature Reserves Byelaws 2018.
Timely (i.e. before occupancy) and effective mechanisms to remove the risk of raw sewage discharges into Laxey Bay, may remove this objection."
5.4 Highway Services Drainage comment (29.07.2024); "Highways Drainage Comments: Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: Applicant should be aware off and comply with the clause above."
5.5 Manx Wild Life Trust comments (18.07.2024); "Manx Wildlife Trust exists to protect Manx wildlife and the habitats upon which wildlife depends, both on land and at sea.
We note that the above planning application includes provision for foul drainage to connect to the mains sewer for Baldrine. As the mains sewer for Baldrine currently flows, unfiltered and
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untreated into the Laxey Bay Marine Nature Reserve, one of our UNESCO Biosphere 'Core Areas' which is protected under Sections 32 and 33 of the Wildlife Act 1990, we therefore recommend that no approval be given for this proposal until either the Garff sewage issue has been fully resolved via the provision of treatment facilities, or unless sufficient other forms of foul waste disposal and/or treatment are incorporated within this proposal.
Approval of the existing plans would be contrary to Environment Policy 4, Environment Policy 7, Environment Policy 22 of the Strategic Plan, off of which relate to the protection of habitats and water. Please note that the Isle of Man is a voluntary signatory to the Ramsar Convention or the protection of wetlands, and therefore has an international legal obligation to protect our wetlands, which includes coastal waters under the terms of this binding international treaty..."
5.6 Manx Utilities, initially raised an objection to the application. However, following discussions with the applicants and amended drainage plans Manx Utilities have no objection to the proposal, making the following final comments (25.11.2024); "Manx Utilities did receive a notification on 1st November that additional information had been submitted by the applicant in relation to the above application. As Manx Utilities had initially raised concerns over the proposals, we had been discussing matters directly with the applicants' engineers and agreed the best way forward with regard to the disposal of surface and wastewater. The proposal to install a single pump station and pumping main for the three dwellings now eliminates the risk of sewage remaining within the pump main for long periods and potentially becoming septic, which would lead to odours and other problems in the downstream sewerage network. The updated proposal by the applicant now addresses Manx Utilities concerns and as such we have no concerns with the application. The applicant has been advised that the pump station and rising main will not be adopted by Manx Utilities and it will remain private with the property owners sharing such maintenance and operation costs. I can confirm that the defect previously identified on the Garwick Outfall has now been repaired with works being carried out in late August 2024."
5.7 The owners/occupants of Berberis Cottage, Pinfold Hill, Laxey have objected on the following grounds (24.07.2024); Access on this road is already comprised especially on this bend; Consent island wide should be for affordable homes not executive homes for none island residents to buy and then rent out, inflating rents and therefore making it impossible for young Manx people to afford to buy their own homes.
5.8 The owners/occupants of Cubalibre Moar, Ballamenagh Road, Baldrine have objected on the following grounds (08.08.2024); "The area/road remains wholly unsuitable for such a large development as effectively a single- track road that already has a significant amount of traffic on it which, to my mind, explains why the previous owners only ever got permission to build 1 replacement dwelling on the land 3 times now though the building work was never carried out. Previous attempts for 3 houses back in 2005 and 4 houses in 2021 have rightly either been refused or withdrawn as in the case of the 2021 application.
Maybe the current owners are hoping for 3rd time lucky but nothing has changed to the surrounding area (roads etc.) to make it more viable and nor will it in the future as far as I can see even with the proposed "passing place" which is the correct decision for the location.
I should add that my objection is nothing personal to the applicants and appreciate they appear to have considered potential issues with overlooking my property to a degree however, aside from their apparent attempt to maximise their profits from the land (old adage, build 3 get 1 free), I still strongly believe that this proposed development is entirely out of keeping with the area and remains an unnecessary overdevelopment of the property/land of which has been refused previously time and time again."
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6.0 ASSESSMENT 6.1 APPROACH TO ASSESSMENT 6.1.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application: (a) Principle of development; (b) The potential impact upon the visual amenities of the area/landscape; (c) Potential impact upon neighbouring amenities; (d) Potential impact upon highway safety / Parking provision; (e) Potential impacts upon ecology; (f) Energy Efficiency / Climate Change.
6.2 PRINCIPLE OF DEVELOPMENT (Strategic Policy 1 & 2, Spatial Policy 4 & 5 General Policy 2, Environment Policy 43, Housing Policy 1, 2, 3, 4 & 6 and Area Plan for the East 2020 Map 9)
6.2.1 The first issues relating to this application is the principle of residential development on this site. As outlined within the planning policy section of this report the site is designated for residential development under the Area Plan for the East which has been adopted by Tynwald since 1st December 2020. The proposed residential use complies with this land uses designation and the area plan.
6.2.2 Furthermore, the Isle of Man Strategic Plan has been adopted firstly in June 2007 & again on 1st April 2016 (housing numbers updated only). Within this document Strategic Policies 1 & 2 require that new dwellings be located within existing sustainable settlements. Spatial Policy 4 also indicated that within villages such as Baldrine, should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities and that the Area Plans will define the development boundaries of such settlements so as to maintain their existing character. The site is within the settlement boundaries of Baldrine as identified in the recent Area Plan for the East 2020.
6.2.3 In terms of housing need, more recently the update to the Isle of Man Strategic Plan 2016 has been undertaken and adopted, which identified that a total of 2,440 new dwellings is required to be provided between the years of 2011 to 2026 in the East of the Island alone. While the majority of these would be located in and around Douglas, the Area Plan has designated land at Baldrine, including the application site but also site GH013s which is to the north of Baldrine Road.
6.2.4 Accordingly; given the above reasons, it is consider the principle of developing the site for residential purposes is acceptable. This is not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if 3 dwellings on the site are appropriate.
6.3 THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA (Strategic Policy 3, General Policy 2, Environment Policy 42 & 43)
6.3.1 In terms of the potential impacts upon the visual amenities of the area, it is considered the development will be most publically apparent when travelling immediately past the site along the Ballamenagh Road. Further, more distance public viewpoints may also be achieve further south of the site along the Ballamenagh Road; albeit these views are likely to be reduced given the height of the Manx sod banks and landscaping above, along the Ballamenagh Road.
6.3.2 It is clear the proposals will alter the character of the site significantly, from a single modest bungalow set in a large plot, to three larger detached two storey dwellings with spacious gardens. However, when designating the site as predominately residential under the Area Plan for the East, from open space/agricultural under the previously adopted Laxey and
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Lonan Area Plan Order 2005; there would have been an acceptance that a greater level of development would likely to occur on the site.
6.3.3 The proposed dwellings in terms of density are clearly much lower than those dwellings located on Baldrine Park immediately to the northwest of the site. Further, to the western side of Ballamenagh Road there are more substantially sized properties again with a lower density compared with Baldrine Park. When travelling along Ballamenagh Road from the north, towards the site the built development gradually reduces in density and it is considered this general appearance of the area will continue with the proposed dwellings in place. The level of existing banking and landscaping with the additional landscaping along the roadside boundary of the site, coupled with the setback position of the dwellings (between 18m and 26m), their design and plots sizes; will all help to ensure the dwellings would sit well within the site, and the general character of the area, which is generally residential in appearance which transitions into the open countryside.
6.3.4 When approaching the site from the south of the site; again along the Ballamenagh Road, again the three dwellings would act as the start of built development of the southernmost point of Baldrine. It is unlikely all three dwellings will be apparent from the south of the site, given their siting and orientation between each other. The southern elevation of the dwelling on Plot 3 likely being the most apparent from the south. Its setback position, landscaping proposed and design of this elevation which is made up of large sections of glazing and stone will help reduce the visual appearance of the dwelling in the landscape. It will be apparent, but it is considered it will read as the existing built form of this southern area of Baldrine, which as can be observed visiting the area is made up of more substantial properties (i.e. Ballamenagh Farmhouse - west of site) and the existing dwelling Ashwood and to the north the start of Baldrine Park dwellings. Overall, while the proposal would increase built development on the site, it is considered this would fit with the landscape which it would sit and been seen, namely from the south of the site.
6.3.5 Comments from the Local Authority are noted; but the development is not considered to be "overdeveloped", namely each dwelling would site in a specious plots, with gardens to front and rear, specious parking and turning areas to each plot, sufficient gaps between each dwelling and as outlined setback greater distance from the highway than all of the properties within Baldrine Park. Furthermore, new landscaping would be sited between the dwellings and the highway. It is also noted that the proposal would equate to approximately 6 dwellings per hectare, which accordingly to the Residential Design Guide (taken from the Area Plan for the East within the Site Assessment Framework) the site would be categorised as "Low" density level (i.e. between 5 and 10 dwellings per hectare). For comparison the properties to the north of the site which form part of Carrick Park (Nrs 40, 41, 42, 43, 44 and Narradale (latter a two storey dwelling)) are set with an area of approximately 0.54 hectares (similar to application site in area) and accommodates 6 dwellings and therefore equates to a density of approximately 11 dwellings per hectare (i.e. between low and medium density in the RDG). Accordingly, the proposal has half the density to those properties. Furthermore, it should also be noted that the Strategic Plan seeks (Strategic Policy 1) to make best use of optimising the use of previously developed land and ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards, which for the above reasons it is considered the application would, while having an acceptable visual impact to the area/landscaping.
6.3.6 The individual designed dwellings are supported, while sharing a design theme through more contemporary styled glazing and high quality finishes are considered to result in a high quality design.
6.3.7 It should be noted that previous applications have only accepted a new single dwelling on the site. This is correct as the site at that time was on land not designated for development and therefore only a replacement of the existing dwelling was considered acceptable. However, the site is now designated for development.
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6.3.8 Accordingly, it is considered the proposal would not affect adversely the character of the surrounding landscape/townscape and would respects the site and surroundings in terms of the siting and design complying with Strategic Policy 1, General Policy 2 & Environment Policy 42 of the IOMSP and the Residential Design Guide 2021.
6.4 POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES - (General Policy 2 and Residential Design Guide 2021)
6.4.1 The residential property potentially most impacted by the development would be immediately to the north of the site (Cubalibre Moar). Generally, the main issues relating to the impacts upon residential amenities are; overbearing impacts upon outlooks, loss of light, and or loss or privacy.
6.4.2 On this matter the applicants submitted Statement comments; "...The development has been designed so that there are no windows which provide a direct view into existing windows of any adjacent property within a distance of 20m. Whilst there are windows in the side of the garage, they are at a lower level than those windows in the side of Cubra Libre Moar as may be seen in the sectional drawing and as these windows serve a garage, there will be no adverse impact on the privacy of those in Cubra Libre Moar as a result of the development. The rear garden of plot 1 is the same as the garden currently available to Ashwood."
6.4.3 And
"The Guide also provides guidance on how impact on outlook may be assessed with two means of gauging this: the 25 degree and 45 degree guides. The sectional drawing illustrates that the nearest dwelling does not impinge upon the 25 degree line from any of the windows in the southern elevation of Cubralibre Moar and the property is further away than 12m in terms of the 45 degree line measurement which is relevant as the Guide states, 5.6.6 "Proposals are likely to be supported where the length of the line exceeds 12 metres before reaching any part of the proposed development."
6.4.4 The comments outlined above and additions comments are accepted by the Department. While the dwelling proposed on Plot 1 (greatest likely impact out of there dwellings) will increase built form and the potential impacts to the amenities of Cubalibre Moar will also be greater; it is considered give the dwelling on Plot 1 in terms of design, scale, size, orientation of properties, distance between properties and the existing boundary treatment will all ensure the impacts would not be so significant to warrant a refusal.
6.4.5 Overall, whilst the proposed development will have an increased impacts upon existing neighbouring properties in the area compared to the existing situation, for the reasons given the proposed development would comply with General Policy 2 of the IOMSP and the Residential Design Guide 2021.
6.5 POTENTIAL IMPACT UPON HIGHWAY SAFETY / PARKING PROVISION (Strategic Policy 10, General Policy 2 and Transport Policy 1, 4, 6 & 7)
6.5.1 Highway Services have considered the application and have raise no objection.
6.5.2 The applicants comment; "The development will add to the amount of traffic on the local highway network, however, the adjacent highway is a public road which serves a number of farms as well as residential properties. It is not believed that two additional dwellings will result in any adverse highway impact, particularly considering the provision for road widening as part of the development."
6.5.3 Also
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"The proposed development will have a new entrance which provides visibility splays onto Ballamenagh Road of at least 100m by 2.4m and the development also proposes a section of road widening to improve highway safety and convenience at this point.
Each dwelling will have more than two parking spaces available to it in addition to a garage which may provide bicycle parking and electric vehicle charging facilities and a large driveway to accommodated vehicular turning."
6.5.4 In terms of parking provision, the parking standards as provided in the Strategic Plan require two parking space for a dwelling and therefore complies with this.
6.5.5 Highway Services initially raised a concern of the layout of the new passing place; albeit following amended plans this concerns has been resolved. There are no objections in terms of parking, traffic generated or any highway safety concerns by the proposed development by Highway Services.
6.5.6 Overall, for these reasons it is considered the proposal would provide safe and convenient access for all highway users (vehicle and pedestrian), together with adequate parking, and does not have an unacceptable effect on road safety or traffic flows on the local highways complying with Strategic Policy 10, General Policy 2, Transport Policy 1, 4, 6 & 7 of the IOM Strategic Plan.
6.6 POTENTIAL ECOLOGY IMPACTS - (Environment Policy 4) 6.6.1 The Ecosystem Policy Team and Manx Wildlife Trust have considered the application and both raise no objection to the works on the actually site, rather concerns of the foul water from this development and Garff which is collect by the main sewer network and goes directly to an outfall out at sea; without being treated, which is the situation today for properties in this catchment (including Laxey and Baldrine). The policies within the IOMSP seek any development to be connected to main sewer/services etc. which is what the current development is proposing to undertake by connected to the main sewer in the highway. This complies with General Policy paragraph (j); "can be provided with all necessary services;". Furthermore, this site as well as other sites within Garff have only recently been designated for development, including residential development under the Area Plan for the East 2021. Accordingly, it is at the Area Plan stage which address and consider such issues when developing the area plans, not at the development control level.
6.6.2 While it is public knowledge that Manx Utilities are considering a sewer treatment plant in Garff, no plans have been submitted to date (other than a scheme in centre of Laxey which was refused a few years ago). Taking the suggested approach of Ecosystem Policy Team and Manx Wildlife Trust has the potential to stifle all development in Garff, especially for any new development and/or extensions to properties which include toilet provisions for example.
6.6.3 It is noted no objection from Manx Utilities has been received in terms of the connection to the mains sewer.
6.6.4 Should any third party have concerns of any polluting taking places, they should contact the relevant Government Department to take the appropriate action under their legislation. Furthermore, while no calculations or evidence is available in terms of the amount of foul water two additional dwellings would result in, it is not unreasonable to consider that the level of additional foul waste created by this currently development is likely to be so inconsequential when taking account of the overall catchment of Garff and is not considered could be said to; "unacceptably harm the environment" as per EP22, to an extent to refuse the application on this ground.
6.6.5 Should the Committee Members disagree with this approach and agree that no foul water should be connected to the main sewer, then a condition could be attached which seeks
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an alternative drainage plan be submitted to deal with foul water from the development. It is likely either a bio disc or septic tank could be possible options, until such times the properties can be connect to the main sewer once a treated systems has been provided; albeit this would seem a backwards step given the site can be provided by mains service and would go against adopted planning policy and also seem excessively costly and a unsustainable form of development (i.e. to install a costly systems to then decommission them at a later date).
6.6.6 On this issue the applicants have commented; "The discharge of foul water sewage was the subject of significant pre-application site investigations, appraisals and consultations. The Isle of Man Strategic Plan encourages connection to public drainage wherever possible, that solution is deemed to the best long term solution for the site and for the environment. We note that as of today’s date that Manx Utilities Drainage Section have not commented on the design solutions proposed. During the design stage the final decision to discharge of foul drains to the public system was taken after seeking the advice of Mr Ian Wade, Project Delivery Manager at Manx Utilities, whose recommendation was to connect to the foul system as included within the application. We acknowledge concerns raised by the Ecosystem Policy Team and Garff Commissioners in respect of foul drainage. Matters of current onward discharge of sewage is outside of the applicants control but hopefully will be resolved prior to the addition of discharge from this development. The applicant sought and implemented the advice given by Manx Utilities at the time."
6.6.7 Manx Utilities have also commented on this issue, stating that (email dated 19th August): "With regard to wastewater discharges into Garwick Bay, Manx Utilities has assessed this planning application against the current "Licence to discharge" as issued by DEFA in accordance with Section 5 of the Water Pollution Act 1993 for the Baldrine drainage catchment. The existing discharge licence does has sufficient headroom to accommodate the foul flows from the proposed three dwellings.
There is currently a defect on the sea outfall pipe that discharges flows into Garwick Bay, the location is shown on the photograph issued by Manx Wildlife Trust. This defect is known to Manx Utilities who has engaged a contractor to facilitate the necessary repairs.
Unfortunately access to the defect on the outfall is difficult and only accessible during certain low tides, the works are therefore programmed this week but are also subject to weather conditions."
6.6.8 Manx Utilities have also confirmed that the issue outlined above as now been resolved (email 25.11.2024). They also confirm that the surface water proposals and foul water proposals for the three dwellings are acceptable.
6.6.9 Overall, for the reasons outline it is considered the proposal is acceptable in terms of drainage provision.
6.7 Energy Efficiency/Climate Change - (Climate Change Act)
6.7.1 The applicant's comment; "The dwellings will have to conform to the latest standards of construction as required by the Building Regulations which are requiring increasing levels of thermal and energy efficiency. Provision is available for the installation of solar panels on all of the properties as all have south facing roofing and sufficiently large gardens to incorporate areas for growing fruit or vegetables should the owners so wish."
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6.7.2 Furthermore, each dwelling would have two air source heat pumps. The Department is comfortable that the scheme complies with the aims of the Climate Change Act, albeit the latter is not yet in force.
7.0 CONCLUSION 7.1 Overall, it is considered the proposal would be developing a site which is designated for residential development currently and one which has gain previously planning approvals for greater levels of development on this site; albeit a single much larger replacement dwelling. The proposal would provide an additional supply of housing within an existing settlement and would meeting the overarching aims of the IOM Strategic Plan.
7.2 In relation to highway safety there are no concerns raised and it is considered the level of parking provision is appropriate for the level of development. The inclusion of a passing place for all road users of the Ballamenagh Road, is of benefit.
7.3 Finally, there are no adverse impacts to protect species on this site and appropriate conditions in place to ensure biodiversity on the site is provided and would result in an energy efficient development. Further, the development in terms of foul sewerage would connect to the existing mains services for foul water in compliance with planning policy without having any significant adverse impacts upon the environment and with the existing sewer system able to accommodate the three dwellings.
7.4 There are not considered to be any significant impacts upon neighbouring residential amenities to warrant a refusal.
7.5 In conclusion, the proposal would comply with; Strategic Policy 1, 2, 3, 4, 5, 10 & 11, Spatial Policy 2 & 5, General Policy 2, Environment Policy 4, 22 & 42, Housing Policy 1, & 2, 3, 4 & 6 and Transport Policy 1, 4, 6 & 7 of the IOM Strategic Plan 2016, Area Plan for the East and the Residential Design Guide 2021.
7.6 It is recommended that the planning application be approved for the reasons given and subject to the conditions listed.
8.0 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.
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8.3 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.
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted
Committee Meeting Date: 09.12.2024
Signed : C BALMER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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