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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/90997/B Applicant : Mr Alex Brindley Proposal : Variation of Condition 1 to PA 22/01558/REM (Erection of a dwelling) for an extension of time for a further four years Site Address : Fields 624255 & 624256 Glen Mona Loop Road Glen Mona Ramsey Isle Of Man
Principal Planner: Chris Balmer Photo Taken : Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.10.2024 __
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. 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. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only.
Reason: In the interests of highway safety.
C 4. 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.
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Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 5. Prior to the occupation of the dwelling hereby approved the new wire fencing annotated as "08" on drawing 10B shall be completed and retained thereafter.
Reason: in the interest of ecology and the visual amenities of the area.
C 6. 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 7. All planting, seeding or turfing comprised in the approved details of landscaping plan 12B and green roofs to garage and lower ground floor building must all be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants (green roof) which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 8. Prior to the occupation of the dwelling hereby approved the integrated bat and bee bricks shall be installed as shown on drawing 'Proposed Elevations 01' and retained thereafter.
Reason; In the interest of biodiversity.
C 9. No approval is hereby given for the installation of the bird boxes as shown on drawing 18A, instead these bird boxes shall be installed to the northern elevation prior to the occupation of the dwelling.
Reason; In the interest of biodiversity
C 10. Prior to the commencement of any development details of measures to be undertaken to prevent bird strikes on clear glazing shall be submitted to and approved in writing by the Department. This approved scheme shall be completed prior to the occupation of the dwelling and shall be retained thereafter.
Reason; In the interest of biodiversity.
C 11. The living accommodation within the lower ground floor as shown on drawing 16 shall only be used in association with the main dwelling house hereby approved and for purposes incidental to the use of main dwelling house as a single dwelling, for no commercial purposes and only in accordance with the internal layout shown on plan 16 received on the 27.08.2024.
Reason: The application does not propose to create separate units of accommodation within the site and has not been considered as such.
This application has been recommended for approval for the following reason. Overall, it is considered the proposal would not have any significant impacts upon public or private amenities, would not adversely affect the countryside or harm the character and quality of the landscape and would therefore comply with Environment Policy 1 & 2 and Housing Policy 14 of the Isle Of Man Strategic Plan 2016, Planning Circular 3/91 (in part) and Residential Design Guide 2021.
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Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers all received;
27.08.2024 01 LOCATION PLAN 02 SITE PLAN - TOPO SURVEY 03 DESIGN AND ACCESS STATEMENT 05 DESIGN AND ACCESS STATEMENT 06 DESIGN AND ACCESS STATEMENT 07 DESIGN AND ACCESS STATEMENT 08 DESIGN AND ACCESS STATEMENT 09 DESIGN AND ACCESS STATEMENT 15 PROPOSED FIRST FLOOR PLAN 16 PROPOSED LOWER LEVEL PLAN PRELIMINARY ECOLOGICAL APPRAISAL REPORT
18.09.2024 10B PROPOSED SITE PLAN
19.09.2024 04 A DESIGN + ACCESS STATEMENT A3 11B PROPOSED SITE PLAN 12B LANDSCAPE PLAN 13A SITE SECTION 14B PROPOSED GROUND FLOOR PLAN 17A ELEVATIONS 01 18A ELEVATIONS 02 19A APPLICATION FOR VARIATION OF CONDITION __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
DOI Highway Services & Drainage - No Objection Local Authority - No Objection __
Officer’s Report
1.0 SITE 1.1 The application site forms the curtilage of a parcel of undeveloped land, Field 624255 & 624256, Glen Mona Loop Road, Glen Mona, Ramsey. The site is located on the eastern side of the Glen Mona Loop Road and south east of Glen Mona Village. The site is characterises as an open parcel of land which due to the hillside topography of the area, slopes downwards from the roadside boundary (west) to the rear boundary to the east. The boundaries to either side of the site comprises of mature landscaping (trees/hedgerows), which are shared with the neighbouring residential properties Barony View to the north and Fieldhead to the south.
2.0 PROPOSAL 2.1 The application seeks approval for the Variation of Condition 1 to PA 22/01558/REM (Erection of a dwelling) for an extension of time for a further four years.
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2.2 The applicants in support of the application make the following comments; "SCALE The scale of the development has been carefully considered, particularly in relation to how the house would be seen form the road and from the surrounding countryside. The main section visible from the road is a two-storey house traditional in form, scale and appearance. The third, lower ground, storey is built into the slope which, as the ground falls away from the roadside, is concealed from view, thereby reducing the apparent scale of the property.
APPEARANCE As noted above, the house has a traditional appearance when viewed from the road and the third, lower, storey is generally concealed from view. This would appear as glazing within stone and timber-clad walls when viewed from across the landscape. As the timber cladding ages, it will blend with the landscape very well, appearing as a secondary and less visible element to the 'home' above. The house is screened from the adjacent properties by the existing boundary trees and vegetation, which will be bolstered with additional planting where needed. The main part of the house would have rendered masonry walls and a slate roof giving the building a traditional appearance. Chimney stacks at either end of the building further reinforce the traditional form. The windows are generally full height double-glazed aluminium-framed units which would better reflect the modern arrangement of spaces. Balustrades along the edge of the lower ground floor rood would be alternately stone-clad and glazed.
LANDSCAPING The house is screened from the adjacent land by retaining all but one small tree and the vegetation and by additional planting. In addition, an area of 0.49 acres (0.2 ha) of semi- natural grassland in the east part of the site will be kept and managed for its value to nesting birds, bats and the wildlife. There is no boundary with the open countryside to the west. Manx Wildlife Trust was commissioned to prepare a Preliminary Ecological Appraisal Report at an early stage in the design process, and their recommendations have been followed in order to mitigate the effect of the development on the local ecosystem and provide longer-term biodiversity benefits.
ACCESS A vehicular access is proposed through the existing gate. The development would create an on-site turning area and parking for more than two cars. The development complies with the requirements for visibility splays onto the highway: 70m in both directions measured 2.4m back from the carriageway."
3.0 DEPARTMENT POLICIES 3.1 The application site is allocated as an Areas of High Landscape or Coastal Value and Scenic Significance, not designated for development under the Isle of Man Development Plan 1982. The site is not within a Conservation Area.
3.2 Due to the site location, designation and the type of proposal, the following policies are relevant for consideration:-
3.3 The Spatial Distribution Policies within the Strategic Plan set out the hierarchy of settlements, indicating that Douglas will remain the main employment and service centre for the island, with other towns as supporting service centres. Some large villages are identified as service villages where appropriate increase in employment and housing should be provided to meet local needs. Glen Mona, is classified as not within any of those service villages and consequently Spatial Policy 4 set out that these villages should maintain the existing settlement character and be of an appropriate scale to meet local needs for housing and limited employment opportunities. Area plans will define the development boundaries.
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3.4 Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
3.5 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
3.6 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement"
3.7 Environmental Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
3.8 Environment Policy 2: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
(a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."
3.9 General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
3.10 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns
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and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9
and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
3.11 Housing Policy 14 states: "Where a replacement dwelling is permitted, it must not be substantially different to the existing in terms of siting and size, unless changes of siting or size would result in an overall environmental improvement; the new building should therefore generally be sited on the "footprint" of the existing, and should have a floor area(1), which is not more than 50% greater than that of the original building (floor areas should be measured externally and should not include attic space or outbuildings). Generally, the design of the new building should be in accordance with Policies 2- 7 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for buildings of innovative, modern design where this is of high quality and would not result in adverse visual impact; designs should incorporate the re-use of such stone and slate as are still in place on the site, and in general, new fabric should be finished to match the materials of the original building.
Consideration may be given to proposals which result in a larger dwelling where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact."
3.11 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
3.12 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
The current standards are set out in Appendix 7."
3.13 Planning Circular 3/91
3.14 Residential Design Guide 2021
4.0 PLANNING HISTORY 4.1 The previous planning applications is considered relevant in the assessment and determination of this application;
4.2 Reserved matters application for erection of a new dwelling, approval of the details of siting, design, external appearance and internal layout of the dwelling, the means of access and the landscaping of the site - 22/01558/REM - APPROVED
4.3 Approval in principle for the erection of a dwelling - 18/00200/A - Approved at Appeal with the following conditions attached;
"C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval, or before the expiration of two years from the date of approval of the last of the reserved matters.
Reason: To comply with Article 14 of the Town and country Planning (Development Procedure) (No 2) Order 2013
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C 2. Approval of the details of siting, design, external appearance and internal layout of the dwelling, the means of access, and the landscaping of the site (hereinafter called 'the reserved matters') shall be obtained from the Department in writing before any development is commenced. Thereafter, the development shall be carried out in strict accordance with the approved details. The details for approval shall include, but not be limited to: (a) The provision to be made for the parking and turning of vehicles within the site; (b) The surface treatment of any access, parking area or amenity space, and any other parts of the site which will not be covered by buildings; (c) All external materials to be used in the development; (d) Visibility splays; (e) Existing and proposed ground, floor and ridge levels; (f) Details of boundary treatments; (g) Hard and soft landscaping.
Reason: To comply with the Town and Country Planning (Development Procedure) (No 2) Order 2013, this is an approval in principle and these matters require detailed consideration by the Department in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
C 3. The development hereby approved shall be limited to a single dwellinghouse.
Reason: This is an approval for a single dwelling as shown on the submitted illustrative drawings, and any greater density would be out of keeping with the character of the adjacent properties and the surrounding area, and would require additional space for parking and amenity areas.
C 4. The development hereby approved shall be limited to a maximum height of 6.5m above road level.
Reason; To ensure satisfactory form of development"
4.4 Approval in principle to erect a detached dwelling - 09/01067/A - Refused at Appeal for the following reason; "R 1. The application site is not zoned for development and is within an Area of High Landscape Value or Coastal Value and Scenic Significance. Therefore the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and The Isle of Man Development Plan, which seek to restrict such development to appropriate towns and villages. Approval of the planning application would result in unwarranted residential development in the countryside."
5.0 REPRESENTATIONS 5.1 Highways Services comment there is no highway interest (29.08.2024 and 29.09.2024).
5.2 Garff Commissioners comment (05.09.2024): "There were no objections to this application to extend the approval term."
5.3 Ecosystem Policy Officer (DEFA) comments (13.09.2024); "The Ecosystem Policy Team request that the ecological conditions for PA 22/01556/REM (7, 8, 9 & 10) are secured for this application.
In addition we request that an additional condition is secured for an updated Preliminary Ecological Appraisal Report (PEAR) to be provided to Planning for written approval should development not have commenced by August 2025. Should this report identify additional features of interest on site for which mitigation is required, above that which was found during the original PEAR, then details of the mitigation measures to be put in place on site should be submitted to Planning for written approval prior to works commencing.
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Should this report also identify that further ecological surveys are required, then these survey reports, containing appropriate mitigation measures, should be submitted to Planning and approved in writing before works commence.
This is in line with the statement on page 3 of the Manx Wildlife Trust's PEAR which states that "The results of this report are valid for 3 years, after which a re-assessment may be required."
This is also in line with the CIEEM (Chartered Institute of Ecology and Environmental Management) Advice Note on the Lifespan of Ecological Reports and Surveys which states that reports more than 3 years old are unlikely to still be valid and are likely to need to be updated (subject to an assessment by a professional ecologist)."
5.4 Highway Services Drainage comment (23.09.2024): "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 of and comply with the clause above."
6.0 ASSESSMENT 6.1 The principal issue in the assessment of this application is whether there have been any material planning matters (e.g. policy changes / land used designations / Local Plan adoption / new or altered legislation, and so forth) that have changed since the approval of the last application.
6.2 Since the initial approval, the Isle of Man Development Plan 1982 Order is still in force and the Isle of Man Strategic Plan 2016 has not been superseded and therefore both continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. No new legislation has been brought into force and no objections have been received.
6.3 For information the following report is the Officers report for the previous application (22/01558/REM):
"6.1 The main issues are the potential visual impact of the development upon the landscape/countryside; potential impacts upon neighbouring residential amenities; highway safety/parking provisions and ecology.
6.2 It should be noted that the principle of a single dwelling on the site has been established under the previously approved application and therefore is not a matter for consideration.
POTENTIAL VISUAL IMPACT OF THE DEVELOPMENT UPON THE LANDSCAPE 6.3 As there is a presumption against new dwellings in the countryside, there is no direct policy in relation to new dwellings in the countryside (i.e. not replacing an existing dwelling or converting an existing rural building into a dwelling).
6.4 However, as the principle has been established for a single dwelling on this site (exception to policy) it is consider the most relevant planning policies are those relates to replacement dwellings as far as the design and size and Planning Circular 3/91. Condition 4 of the AIP application also gives a starting point that the dwelling cannot be 6.5m taller than the adjacent road level.
6.5 In terms of design/siting the applicants have stated:
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"The proposed property is split over three floors, with only the ground and first floors being visible from the road; a third, lower ground floor is proposed to be set into the slope of the site in order to minimise disturbance to the views across the site to the open countryside beyond. A detached garage is proposed on a similar basis, set within the sloping ground with a green roof to help visually integrate the building with the site and landscape..." And
"...It should be noted that the proposed building occupies only the top section of the site; the ground and first floor gable is sited in line with the property line established by the adjacent dwellings, 'Barony View' and 'Fieldhead'.
6.6 The dwelling has a total floor are set over three floors of 477sqm. The detached garage is 64sqm in floor area.
6.7 As noted previously the proposed dwelling in terms of form and proportion is similar to a traditional Manx two storey farmhouse, with pitched slate roof, gable end chimneys and painted render finish to external walls. However, while traditional in form and promotion, its design, especially in relation to its fenestration is contemporary in design, with vertically proportion and larger sections of glazing especially to the front elevation (south). The glazing does take the approach of the traditional fenestration in terms of three upper windows over a central doorway which is flank by a window at either side at ground floor level. However, the proposal as mentioned take a contemporary twist to this approach. The lower ground floor which site below the main two storey element of the proposal does have a more contemporary form and overall design, being built into the hillside with a flat roof which has a green roof above, which is level to the front driveway/parking area of the property.
6.8 Again the garage is contemporary in design, being set into the hillside, with flat roof with a green roof finish.
6.9 In terms of the design approach the applicants comment: "The final development brings together and offers a refinement on the previous schemes; i.e. the upper part of the house retains a traditional form, albeit with a modern arrangement of glazing and would appear, from distance, in the landscape, as a traditional building. The main section is located to the side of the site in order to protect the view of the countryside as far as possible. The secondary lower level is built into the slope of the land and would have a green roof so as to minimise the visual impact as far as possible.
The south and main elevation design respects the form, proportion and symmetry of a traditional Manx countryside dwelling. It incorporates two chimney stacks at the gables and a central entrance with windows either side. The windows are in a more modern format though with floor to ceiling windows and doors reflecting the modern arrangement of spaces in the property and providing a better connection to the landscape and surrounding countryside. The large hallway is glazed to its full width."
6.10 Regarding Condition 4 of the AIP application which indicates the dwelling shall be limited to 6.5m below the road level, this proposal would meet this by being approximately 3.7m (roof ridge) below this level.
6.11 Any development in the countryside must not adversely affect the countryside (EP1) and must not harm the character and quality of the landscape (EP2). There are two main areas where there is the potential to view the property and the proposed works, these being from the Glen Mona Loop Road and the Rhenab Road.
6.12 From the Glen Mona Loop Road the proposal, namely the two storey element (south and west elevations namely) of the dwelling will be apparent, with the garage and lower ground level less so, mainly the green roofs of these elements. The applicant's statement
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includes details of how the current proposal evolved and how wider views of the countryside from the Glen Mona Loop Road played a part in the overall design approach. The proposal will ensure that wider and distant views of the countryside can be retained, even with the proposed dwelling in place. Of course there are parts which will be screen should views; albeit the Minister when approving the application must have acknowledged this with the addition of Condition 4 and the fact allowing any development on this site will have an impact.
6.13 In this case it is considered the proposed design approach ensures that the proposal, while having an impact, is not considered to be detrimental from these views (Glen Mona Loop Road) and the visual impact will comply with EP 1 & 2.
6.14 Regarding views from the Rhenab Road, these views are distant views, albeit limited given the topography of the land and also landscaping found between the site and the road. It should be noted that the Planning Committee may recall the application (21/00764/B) at the neighbouring property (Barony View) which allowed an additional storey above the existing dwelling, albeit changed the finishes from painted render to a dark coloured cladding (timber and metal) and overall design to have a more contemporary approach. The Planning Committee undertook a site visit and viewed the neighbouring site from the Rhenab Road. The proposal being the neighbouring property is viewed in a very similar context.
6.15 The east elevation of the proposals will be most apparent from this views, namely the gable end wall of the two storey dwelling (painted render) and the lower ground floor (finished in vertical timber cladding). The applicants have provided CGI images of the proposal from this view which helpful give a good impressions of how the development will sit into the landscape. They have also commented; "This view also provides a useful context for the choice of materials. The main part of the house is proposed to be rendered. The majority of traditional houses in the area are finished in render. Although there may be one or two cases where the stonework has been exposed on a house, this is not a 'correct' historical detail, the stone houses were always constructed to be protected with render or, at minimum, a thick lime wash. The removal of render to expose stonework has been an on-and-off fashion since Victorian times.
In Glen Mona specifically, the Church, the School, the Glen Mona Hotel and the barn on the main road (at Ballasholague) are the buildings where the stonework is exposed, the houses tend to have a render finish. A stone cladding was considered for this application but dismissed on these grounds.
The lower ground floor of the building, where recessed into the slope of the site, is to have natural timber and stone cladding. The purpose is for this part of the building to appear backgrounded as more as part of the landscape, the main part of the house remaining more visible."
6.16 Again when approving the AIP there was an acceptation that a single dwelling and consequently a visual impact would need to occur. However, the applicants again have given detailed reasoning for the approach they have taken and why. It is agreed with the approach and while the sites appearance will change; it is considered the design of the dwelling, siting, size, finishes and overall design approach will result in a dwelling sitting comfortably in the site and not have a significant adverse impact upon the countryside (EP1) or harm the character and quality of the landscape (EP2).
POTENTIAL IMPACTS UPON NEIGHBOURING RESIDENTIAL AMENITIES 6.17 The two properties potential impacts by the development would be Barony View to the north of the site and Fieldhead to the south. The main issues relation to loss of light, overbearing impacts upon outlooks and/or overlooking resulting in a loss of privacy.
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6.18 In relation to Barony View, the rear elevation (north) of the proposed dwelling would be approximately 13.2 metres to the gable elevation of Barony View. Between these two properties is mature landscaping of varying heights. The rear elevation which faces towards Barony View has a single ground floor window, five small upper level windows and high level roof lights. The main primary habitable rooms (i.e. living rooms) to Barony View would be unaffected by the development, as the orientation of this dwelling faces away from the site. Overall, while there will be an impact, namely more built up development along the shared boundary; it is not considered it would be sufficient to warrant a refusal, namely distance from the two properties, boundary treatment, design of the new dwelling, position of habitable rooms and size of the curtilage/shared boundary of Barony View, which in the main would remain unaffected.
6.19 Regarding the impact to Fieldhead the proposals front elevation (south) would directly fact towards the gable elevation of this property. However, the proposal would be approximately 34.8m away and there is a mature and tall landscaping along the shared boundary of these properties. Accordingly, given the distance that would be retained and the overall design of the scheme, it is again not considered there would be sufficient reasons to warrant a refusal.
HIGHWAY SAFETY/PARKING PROVISIONS 6.20 Highway Services have considered the access arrangements (visibility splays of 2.4m x 70m in either direction) and the parking arrangements (more than two off road parking spaces and turning facilities) and raise no objection. Further, following initial comments a stepped pedestrian footpath and gate have been incorporated so a person could easier access the site on foot.
ECOLOGY 6.21 Manx Wildlife Trust's (MWT) have undertaken a Preliminary Ecological Appraisal dated August 2022 at the request of the applicant's which has informed the scheme, in terms of keeping approximately a third of the site being left as semi-natural grassland (lower section of site), rather than a lawned garden. The Ecosystem Policy Officer has welcomed this and the landscaping in the site and has sought a number of conditions which should be attached to any approval."
7.0 CONCLUSION 7.1 Overall, it is again considered the proposal (including additional details of ASHP) would not have any significant impacts upon public or private amenities, would not adversely affect the countryside or harm the character and quality of the landscape and would therefore comply with Environment Policy 1 & 2 and Housing Policy 14 of the Isle Of Man Strategic Plan 2016, Planning Circular 3/91 (in part) and Residential Design Guide 2021.
7.2 It is recommended that the application be approved.
8.0 Right to Appeal and Right to Give Evidence
8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
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8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
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I can confirm that this decision has been made by a Principal Planner 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: 23.10.2024
Determining Officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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