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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91116/REM Applicant : Miss Pippa Edmonds Proposal : Reserved Matters application in relation to P.A. No 21/01161/A, including erection of new dwelling and demolition of part of existing dwelling. Site Address : The Bungalow Ballamanagh Road Sulby Isle Of Man IM7 2HB
Planning Officer: Paul Visigah Photo Taken :
Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.04.2025 __
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. Prior to the commencement of the development hereby approved, an Energy Statement shall be submitted and approved in writing by the Department which demonstrates that the new dwelling would have a Standard Assessment Procedure (SAP) rating of at least 97 (or similar rating system) and prior to the occupation of the dwelling a further Energy Statement post completion shall be submitted to and approved in writing by the Department to demonstrate that the SAP rating of at least 97 (or similar rating system) has been achieved.
Reason: A reason why the application is considered acceptable is due to the overall environmental impacts as outlined on Housing Policy 14 and namely the eco efficiency credentials of the new dwelling.
C 3. Prior to the removal of any tree on site, suitable checks for nesting birds and roosting bats must be undertaken by a suitably qualified ecologist with report submitted to and approved in writing by the Department. If either are present then the works must stop and advice be obtained from the Ecosystem Policy Team.
Vegetation removal should ideally take place outside of nesting bird season. If this is not possible then thorough checks for nesting birds should be made first and if present then works must stop and can only recommence once the birds have finished breeding.
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Reason: To provide adequate safeguards for the ecological species existing on the site.
C 4. Prior to the installation of external lighting at the site, a detailed external low level lighting scheme shall be submitted to and approved in writing by the Department. The lighting of the site will be designed in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018).
The lighting details shall include detailed drawings of the proposed lighting columns and fittings, information about the levels of luminance and daily duration and any measures for mitigating the effects of light pollution.
The development shall not be carried out other than in accordance with the approved plan.
Reason: To provide adequate safeguards for the ecological species existing on the site and immediate locality.
C 5. The development hereby approved shall be carried out in strict accordance with the working methods recommended in the bat report, detailed in the Manx Bat Group's Bat Survey Report for The Bungalow, Ballamannagh Road, Sulby dated 19 March 2023, to provide appropriate mitigation for bats within the site and immediate locality.
Reason: To safeguard a statutorily protected species within the site and in the area, and to minimise risks to bats during demolition of the extension to the main dwelling at The Bungalow, Ballamanagh Road, Surby.
C 6. The landscaping of the site, including the boundary hedging, and the feature plantings must be undertaken in accordance with the approved plan (Drawing Nos. 21 1539 RM/D - 04 Rev A, Site Plan & Landscaping), and retained as such thereafter.
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of any unit, 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.
Reason: In the interests of protecting and enhancing the biodiversity of the environment.
C 7. Prior to the commencement of the development hereby approved, a scheme for the protection of the trees (a Tree Protection Plan) which shall be prepared in accordance with the recommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction) shall be submitted to and approved in writing by the Department.
Such a scheme shall include details of: o All trees and other planting which are to be retained; o Construction Exclusion zones on site; and o A programme of implementation for new trees/plantings.
Within the Construction Exclusion Zones identified on this drawing, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit.
Any retained tree which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the
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Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.
Reason: To safeguard the existing trees and planting to be retained within the site.
C 8. The development hereby approved shall not be occupied or brought into use until all access arrangements, including visibility splays, vehicular and pedestrian areas have been provided in accordance with the approved plans (Drawing Nos. 21 1539 RM/D - 04). Such areas shall not be used for any purpose other than for purposes associated with the development and shall remain free of obstruction for such use at all times. The access shall be bound and consolidated within at least 5m of the adopted highway boundary.
Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety.
C 9. The access to the site shall be bound and consolidated within 5 meters of the adopted highway boundary, as indicated in drawing No. 21 1539RM/D08/A.
Reason: To ensure a durable and stable surface that prevents debris from being carried onto the public highway, in the interest of highway safety.
C 10. Prior to the occupation of the new dwelling hereby approved, the bin storage provision shown on drawing No. 21 1539RM/D08/A shall be implemented and retained thereafter.
Reason: To ensure that appropriate waste management facilities are available for residents, in the interest of the visual amenity of the area.
C 11. Prior to the commencement of development, details of the sustainable drainage systems (SuDS) to be installed on site must be submitted to and approved in writing by the local planning authority. These details shall include the location, type of systems to be installed, and the maintenance and management arrangements for the SuDS. The scheme shall be implemented according to the approved plans and retained as such thereafter.
Reason: In the interest of maintaining the character of the area and ensuring proper drainage on and off the site.
C 12. Within one month of this decision becoming final, a detailed plan must be submitted to and approved in writing by the Department. This plan should clearly show the proposed subdivision and layout of the new curtilages, ensuring that all boundaries are distinctly marked and comply with the guidelines set forth. The boundaries should be demarcated by either a planted hedge of native species or a Manx hedge, as per Planning Circular 1/92. The new dwelling shall not be occupied unless the site has been subdivided and laid out in accordance with the approved plan and shall be retained as such thereafter.
Reason: To ensure that the curtilages are clearly defined in the interest of protecting the countryside
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 harm the character and quality of the immediate vicinity and surrounding landscape, or result in significant adverse impacts on trees and biodiversity, parking and highway safety. The proposals would, therefore, comply with General Policy 2, Transport Policy 4 and 7, Strategic Policies 1, 2, 4 and 5, and Environment Policies 1, 4 and 5 of the Isle of Man Strategic Plan 2016, and the Residential Design Guide 2021.
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Plans/Drawings/Information; This decision relates to the following documents and plans:
21 1539RM/D/01/A: Proposed Ground Floor Plan (24th February 2025). 2. 21 1539RM/D/02/A: Proposed First Floor Plan, Section A-A & Elevations (24th February 2025). 3. 21 1539RM/D03/B: Proposed Sections B-B & C-C (24th February 2025). 4. 21 1539RM/D/04/A: Proposed Site Plan & Landscaping (24th February 2025). 5. 21 1539RM/D/05/A: Proposed Finishes (24th February 2025). 6. 21 1539RM/D/06: 1:500 Site Plan. 7. 21 1539RM/D/07: Location Plan. 8. 2105G/01: Topographical Measured Survey. 9. 21 1539RM/02: Survey Drawing - Ground Floor Plan, (Existing Dwelling). 10. 21 1539RM/03: Survey Drawing - First Floor Plan & Elevations, (Existing Dwelling). 11. 21 1539RM/04: Proposed Ground Floor Plan & Elevations, (Existing Dwelling). 12. 21 1529/01: Approved 1:200 Site Plan. 13. 21 1529/03: Approved South-West Visibility Splay. 14. 21 1529/04: Approved North-East Visibility Splay. 15. 21 1539RM/D08/A: Proposed Vehicle Access (24th February 2025). 16. 21 1539RM/D/PS: Planning Statement. 17. 21 1539RM/DSP: Site Photographs, (New Dwelling). 18. 21 1529/1 to 14: Site Photographs, (Existing Dwelling). 19. Manx Bat Group Bat Survey Report dated 19 March 2023. 20. SFV: Scotframe Brochure. 21. SAP: SAP Rating Confirmation email dated 25th September 2024.
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
o Lezayre Parish Commissioners - No objections o DOI Highways - as they raised no objection subject to conditions and these have been applied o DoI Highways Drainage - No objection
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE 1.1 The application site is located to the North of Ballamanagh Road and is surrounded by agricultural land. It comprises an existing property (The Bungalow) and land to the rear. The character of the road is rural and it extends from the Claddaghs to the Ginger Hall public house.
1.2 The existing house is a large (in footprint) single storey property with a hipped tiled roof and prominent chimneys stacks on its east and west (sides) elevations that sits to the east. The property has a flat roof link extension to the west that connects onto a sizeable hipped tiled roof extension that is finished in the same format. The overall appearance is painted render. The appearance is elongated parallel with the highway rather than extending to the rear (north). The site has existing mature landscaping.
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1.3 The rear half of the site is also well landscaped, both around the edges and to some extent between it and the existing house. During a site visit (6th April) there was evidence of it being used by the occupants of the dwelling (shed etc.).
1.4 The property has two accesses off the highway one formally presented with rendered walls and capped pillars and the second one with Manx stone walls splaying into a solid wooden gate approx. 2.2m wide.
1.5 A public footpath (51) runs immediately alongside the eastern boundary of the site, from the Ballamanaugh Road to join footpath 50 which leads south west to the Claddaghs and also continues on north to Sulby Village and the A3 TT Course.
2.0 THE PROPOSAL 2.1 The application seeks approval for Reserved Matters in relation to P.A. No 21/01161/A, including erection of new dwelling and demolition of part of existing dwelling.
2.2 The proposed dwelling would have a ground floor with longest elevation measuring 20.50m while the widest elevation would be about 10.20m, while the upper floor would measure approximately 11.5m x 10.3m, with an overall height of the building would be about 7.15m (5m to the eaves of the upper floor). The proposed dwelling is to provide two car ports (on either side of the dwelling), three bedrooms (one with ensuite), a linen room, a bathroom, stairway/hallway, and an enclosed porch on the ground floor, while the upper floor would house an open plan living room/dining area, and kitchen, utility, WC and a balcony on the front and rear of the dwelling (respectively).
2.3 The materials proposed are a slate roof, walls are to be a mixture of plain smooth render and timber cladding, dark grey rainwater goods, light grey fascias and soffit boards, windows and doors to be composite/light grey powder coated aluminium framed, double/triple glazed units, while the Q-Railing glass balcony panel systems are to be fitted with stainless steel fascia brackets set over the top of the parapet walls.
2.4 The site plan and layout drawings shows the creation of a new access as approved under PA 21/01161/A. Some trees would be removed to facilitate the development, while seven new trees would be planted on site as mitigation for tree loss. There would be no change to the site level.
2.5 All surface water is to be discharged to existing/proposed soakaway, while foul water would be discharged to existing septic tank.
3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The application site is identified on the Sulby Local Plan 1998 as white land or land not zoned for development. The Sulby Local Plan identifies several opportunities for residential development and clarifies in para 3.20 that it does not propose any additional residential development outside those areas. The site is not within a designated Conservation Area or prone to flood risks. The site is not within a registered tree area and there are no registered trees on site, although the entire south-western boundary of the site abuts the Glen Villas Registered Tree Area.RA1694
3.1.2 The Sulby Local Plan (1998) does not include on the proposal map any Areas of High Landscape or Coastal Value and Scenic Significance. The 1982 Development Plan, however, classifies the areas South of the TT course goings towards the uplands (including the application site) as Areas of High Landscape or Coastal Value and Scenic Significance.
3.2 THE ISLE OF MAN STRATEGIC PLAN (2016) 3.2.1 The following policies of the Strategic Plan are considered relevant;
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1. Strategic Policy 1 indicates development should make the best use of resources by ensuring efficient use of sites and being located so as to utilise existing and planned infrastructure, facilities and services. 2. Strategic Policy 2 - directs new development to existing towns and villages, or the countryside only in exceptional circumstances (see General Policy 3) 3. Strategic Policy 5 - design quality 4. Strategic Policy 10 - integrated transport network and related issues 5. Spatial Policy 4 - indicates that in certain villages (including Sulby) development should be at an appropriate scale to meet local need and that Area plans will define boundaries. 6. Paragraph 4.3.11 states, "While wishing to conserve the historic landscape of the Island the Department welcomes new styles of housing as long as they take into account the landscape context and the impact on the amenities of the area in which they are sited. Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development". 7. Spatial Policy 5 - development outside defined settlements only permitted in accordance with General Policy 3. 8. General Policy 2 - sets out normal 'Development Control' considerations. 9. General Policy 3 - sets out the exceptional circumstances in which development will be approved in the countryside (none of which are considered to apply to this site) 10. Environment Policy 1 - protects the countryside and its ecology for its own sake 11. Environment Policy 2 - protects Areas of High Landscape or Coastal Value and Scenic Significance* 12. Environment Policy 42 - seeks to prevent inappropriate backland development - supporting text defines this as, "development on the land at the back of properties" and indicates it "may also be acceptable in some circumstances, but only if satisfactory access can be achieved and if there is sufficient space to provide adequate amenity for both new and existing adjoining dwellings" 13. Transport Policy 7 and Appendix 7 relate to parking standards. 14. Housing Policy 4 directs new housing to settlements other than in exceptional circumstances and cross references the policies which set those circumstances (HP 7, 8, 9, 10, 11, 12, 13, and 14). 15. Housing Policies 15 and 16 relate to extensions to properties in the countryside. 16. Recreation Policy 3 - stipulates that new development should include the provision of landscaped amenity areas as an integral part of the design, where appropriate. 17. Energy Policy 5 - requires that schemes of this scale demonstrate the measures that have been taken in the design to reduce energy consumption and increase energy efficiency. 18. Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5 (water conservation and management), Community Policy 7 (designing out criminal and anti-social behaviour), Community Policy 10 (proper access for firefighting appliances) and Community Policy 11 (prevention for the outbreak and spread of fire).
3.3 Area: AREA PLAN FOR THE NORTH AND WEST
3.3.1 It must be noted at the time of writing, the draft area plan for the North and West is not formally adopted and is only, at this stage, a broad direction of how planning policy is reviewing the areas. Their proposals can still be challenged at a public enquiry where an inspector could reach a different opinion to the drafts. The final draft would also need to be ratified by COMIN. This means that the 1982 development plan remains the correct land use designation and no material weight is given to the draft area plan for the North and West.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 PLANNING POLICY STATEMENT 3/91 provides guidance on the design of residential development in the countryside.
4.2 RESIDENTIAL DESIGN GUIDE (2021)
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4.2.1 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.
4.3 THE ISLE OF MAN'S BIODIVERSITY STRATEGY (2015 - 2025) 4.3.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.
4.4 CLIMATE CHANGE ACT (2021) 4.4.1 The Act includes provisions to amend various element of planning legislation including to add the wording below after section 2(2) of the Town and Country Planning Act (1999). Although this element of the Act has not been the subject of an Appointed Day Order, it shows the direction of travel and is capable of being a material consideration.
"(2AA)The development plan must also take into account the following climate change policies established under the Climate Change Act 202- - (a) the maximisation of carbon sequestration; (b) the minimising of greenhouse gas emissions; (c) the maintenance and restoration of ecosystems; (d) biodiversity net gain; (e) the need for sustainable drainage systems; and (f) the provision of active travel infrastructure".
5.0 PLANNING HISTORY 5.1 The application site has been the subject of the following previous planning applications which are considered relevant in the determination of this application.
IDO32015 (Approved on 25/02/1972) provided for the demolition of Gaythorne and its replacement with an extension of the Bungalow, with the curtilage of Gaythorne being subsumed into that of The Bungalow.
It is noted that the site plan for 32015 is clear that the other house was to be demolished and the curtilage subsumed into the curtilage of The Bungalow but also seems to exclude the land at the back as being either part of the existing or proposed curtilage of either property. It would therefore appear that the curtilage of the Bungalow has at some point been extended into surrounding agricultural land without the benefit of planning approval.
PA 21/01161/A for Approval in principle for the erection of a new dwelling, closing up of existing access, creation of new access and demolition of part of The Bungalow, addressing details of the means of access. This was refused on 9 May 2022 by the Planning Committee for the following reason: R1: The application is considered to be contrary to Strategic Policy 1, Spatial Policy 4, Paragraph 4.3.11, Spatial Policy 5, General Policy 3 and Environment Policy 1 of the Strategic Plan (2016) and the site designations of the Sulby Local Plan (1998) and no 'other material considerations' have been identified that would outweigh these formally adopted policies which should be afforded significant weight having been informed by public consultation, public inquiry and adoption by Tynwald.
The decision to refuse the application was, however overturned at Appeal. The Appeal Inspector in recommending approval for the application and set out the basis for recommending approval within Paragraphs 33 and 51 of the Inspectors Report.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
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6.1 DOI Highways have stated that they find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking as the access and layout is the same as approved application 21/01161/A, subject to conditions on access (which shall be bound and consolidated within 5m of the adopted highway boundary), visibility splays protected and internal vehicular layout construction to be completed as per approved plans before first occupation and retained thereafter (18 Oct 2024).
6.2 DOI Highways Drainage have stated that 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. They note that there are no site levels indicating falls at the entrance, whilst advising the applicant to be aware of and demonstrate compliance with the referenced clauses (6 November 2024).
6.3 DEFA Ecosystem Policy Team has made the following comments on the application (1 November 2024): 1. They have no objection subject to conditions. 2. They that the bat Survey report which was provided with the application, which assessed the risks to bats and concluded that the risk is low, but provided working methods to minimise that risk be followed. 3. They note that the submitted bat report covered the house extension and two trees originally to be removed, but another large tree is now to be removed which has not been assessed for any risk to bats and no comment has been made on this tree and its wildlife, Therefore, they request that the affected tree should be checked for bat potential before its removal. 4. They highlight the fact that all demolition and tree removal carry a potential risk to nesting birds and therefore must either be undertaken within the September-February period or carefully checked to ensure there are no nesting birds, prior to removal, in order to avoid the risk of reckless destruction of an active nest, under the Wildlife Act.
6.4 DEFA Environmental Health has made the following comments on the application (30 October 2024): o They note that their opinion is based on the plans provided for the planning application and that a site visit has not been carried out. o They provide advice regarding the Factors that may affect the likelihood of a nuisance occurring from the installation of flues. o They state that while the plans don't appear to indicate an obvious risk of a smoke nuisance, raising the height of the flue should help reduce the risk of a nuisance being caused to neighbouring properties. o They state that there should be a flue connected to the wood burning stove which should discharge at a height suitable to ensure dispersion of products of combustion and not cause nuisance to any neighbouring properties.
6.5 Lezayre Parish Commissioners indicate that they have no objections to the application (8 November 2024).
6.6 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The principle of the new dwelling on site was established via an approval in principle under PA 21/01161/A where the Appeal Inspector considered that the proposal would not be at variance with Policy EP1 which seeks to ensure that the countryside and ecology is protected for its own sake; and seeks to ensure development does not have an adverse effect on the countryside, whilst noting that the policy does not preclude development that would not lead to harm to the countryside, even though the site is not allocated for development, such that the proposal would be at odds with policies GP3, SP4 and SP5. The Inspector further noted that approach is evidenced by a number of planning approvals referenced by the appellant for
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development on undesignated sites. The application was, therefore, considered acceptable as it would not have a harmful effect upon the countryside location or be at odds with Policy EP1.
7.2 Based on the foregoing, the fundamental issues to consider in the assessment of the application area: 1. The Design and visual impact (STP 1, 2, 4 and 5, GP2, HP 4 & EP1); 2. Landscaping (GP 2 and SP4); 3. Amenity for future occupants (GP2, STP1, RP3); 4. Impact on Neighbouring Amenity (StP5, GP2, EP42); 5. Impacts on Trees and Biodiversity (GP2); 6. Energy Use/Conservation (GP2n & ENP5); and 7. Highway Issues (GP2, TP7).
7.3 THE DESIGN AND VISUAL IMPACT 7.3.1 In assessing the design and visual impact of the proposed development, it is considered that the overall layout, design and external appearance of the dwelling would be in keeping with the context of the site which is largely verdant in nature, and the design of the new dwellings within the locality, particularly the estate of Carrick Park which is mainly comprised of modern detached dwellings. The siting of the dwelling is also considered to be well related to existing building within the broader site area and would not compromise the character of the existing traditional dwelling that it would adjoin, given the significant landscaping on site.
7.3.2 The finish of the dwelling in a combination of modern and traditional features would also respect the character of the site and broader area, with the proportion and form of the dwelling, including position of fenestrations also respecting the site character. As well, the layout of the dwelling is such that would lend itself to modern living, with its upside down design approach which places the main living spaces on the first floor level affording good views to the surrounding landscape. Furthermore, the layout of the site as indicated on the site plans would ensure that the scheme makes optimal use of the site area, with necessary services and amenity space provisions also accommodated effectively on the site without compromising the amenity of future occupants of the proposed dwelling, and the main dwelling at The Bungalow, Ballamanagh Road, which shares the broader site area with the new dwelling.
7.3.3 Based on the foregoing, it is considered that the siting, size, design, finishing and overall layout of the site would respect the character and appearance of this rural setting, and it is not considered that the contemporary approach applied here would result in adverse impacts upon the site character and landscape quality in the area. The proposal is, therefore, considered to align with the provisions of General Policy 2, Environment Policies 2, and Strategic Policy 5 of the Strategic Plan. The fact that the scheme would not align with the guidance set out within Circular 3/91 is noted. However, there is provision set out within Housing Policy 14 which supports modern/contemporary dwellings which the current scheme would not conflict with, particularly as there would be no adverse visual impacts on the site and surrounding landscape (although HP 14 relates specifically to replacement dwellings which the current scheme does not represent).
7.4 LANDSCAPING 7.4.1 With regard to the proposed landscaping of the site, it is considered that the scheme provides a landscaping scheme on the proposed site plan, which includes the landscaping layout, details of trees and plantings to be removed from site, as well as details of new plantings (trees/hedgerows) to be planted on site, as well as their specific location on site. The scheme also shows areas of hardstanding allocated for parking and vehicular movement on site, as well as patio areas to be created on site. It is also important to note that the plan shows new areas of grassed lawn planting for the new dwelling. All these provide a coherent approach to the finishing of the site area to ensure that the proposals achieve a high standard of design, layout and amenity and makes provision for hard and soft landscaping which
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contributes to the creation of a high quality, accessible, safe and attractive environment, and these align with the aforementioned policies.
7.4.2 The site also shows the position of new hedgerows/infill hedgerows which would clearly demarcate the site boundaries between the new dwelling and the existing dwelling at The Bungalow, Ballamanagh Road, and ensure that the new development is well-integrated into the landscape setting in its current context which is adequately landscaped, without impacting on the landscape setting of the retained dwelling on the broader site area.
7.4.3 Overall, the landscaping proposals are acceptable and will ensure the development is well-integrated into the landscape setting in its current context which is adequately landscaped.
7.5 AMENITY FOR FUTURE OCCUPIERS 7.5.1 In terms of amenity provisions for the future occupants of the new dwelling, GP2 (h) requires development to have satisfactory amenity standards in itself. In this case, the internal accommodation would be of an acceptable size, and all primary rooms would have adequate level of outlook and light.
7.5.2 Likewise, the proposed three-bedroom dwelling would have an amount of outdoor amenity space appropriate for the scale of the dwelling and the number of bedrooms. Likewise, the utility of the rear garden of the new dwelling would be compromised by overlooking windows, given the clear separation offered by the large garden areas and mature landscaping on site. As such, it is considered that the amenity space provision in terms of private outdoor garden space provision would meet the requirements of General Policy 2 (h).
7.5.3 Given the above, it is considered that the total amenity provision would be adequate for the new dwelling, such that the scheme would comply with the provisions of General Policy 2 (h), Strategic Policy 1 (b), and earlier sections of Recreation Policy 3.
7.6 IMPACT ON NEIGHBOURING RESIDENTIAL AMENITY 7.6.1 With regard to potential impacts on neighbouring amenity, the property most likely to be impacted by the new development would be the existing dwelling at The Bungalow, Ballamanagh Road, given that it shares the site area with the proposed dwelling. However, it is not considered that there would be any adverse impacts on the amenity of this neighbour for the following reasons. Firstly, the first floor balcony on the front elevation of the new dwelling is situated at the closest at about 41m from the rear conservatory on the existing dwelling (which is the closest element of the existing dwelling) such that there would be no overlooking views into this part of the property. Whilst it is noted that there is potential for overlooking of the garden space for the existing dwelling from the new balcony, there are mature trees and hedging that sit in between the gaps between both dwellings and as such, overlooking of garden spaces is not expected to such an extent to warrant refusal of the proposal.
7.6.2 The dwelling is also not considered to result in overbearing impacts or loss of light due to the separating distance and nature and height of intervening vegetation. Besides, significant plantings would be carried out at the boundary with this neighbours, which would serve to ensure that no adverse impacts would result.
7.6.3 No other properties sit within close proximity such that the new dwelling should impact on their amenity. Therefore, it is considered that any impacts on the amenity of neighbours would be minimal, and not sufficient to result in refusal of the development.
7.7 IMPACTS ON ECOLOGY AND TREES 7.7.1 In terms of impacts on ecology or biodiversity within the site, it is important to establish that if any real harm would result with respect to ecological and environmental concerns that would be directly related to the removal of trees and vegetation on site to enable the erection of the new dwelling and its associated hardstanding areas. In this case, whilst some trees and
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mature planting son site would be removed, the application is supported by ecological information which the Ecosystem Policy Team is content with, given that they have no objections to the proposal subject to suggested conditions which should be integral to the development of the site. Therefore, conditions would be attached to ensure that the required mitigation to protect site ecology on site form the core of any development carried out on the application site. The proposal is, therefore, considered to be aligned with the principles promoted by GP2 (d), Environment Policy 4, and Environment Policy 5.
7.7.2 With regard to impacts on trees, it is noted that some trees on site are to be removed to enable the proposed development. However, seven new trees, together with significant plantings of new hedgerows, and ornamental planting/flower beds are proposed for the site, which would offer sufficient mitigation for the removed trees. Likewise, the new dwelling would be set considerably away from the retained trees within the site and on the boundary, such that the chance for further incursions into the tree root areas would be significantly limited. This separating distance between the new buildings and trees would serve to ensure that there are no future pressures to remove trees on the site or boundary to provide required amenity. As such, it is considered that the development complies with Environment Policy 3 and GP 2 (f) with regard to impact on trees.
7.8 ENERGY USE/CONSERVATION 7.8.1 Energy Policy 5 requires that schemes of this scale demonstrate the measures that have been taken in the design to reduce energy consumption and increase energy efficiency. This is further reinforced by GP2 (n) which stipulates that new developments be designed having due regard to best practices in reducing energy consumption. In view of the above, it is considered that the scheme would incorporate Air Source Heat Pump, with the proposed dwelling also powered by renewable energies (solar). Also, Passive environmental control would be implemented via orientation to maximise solar gain with large windows serving to minimise the use of artificial light, use of high thermal performance closed panel timber frame system, incorporating high quality double/triple glazed window/door units, complete airtightness of the proposed dwelling and a fully fitted internal Mechanical Ventilation Heat Recovery system, (MVHR). EVC ports shall also be included within the car port.
7.8.2 Accordingly, the development seeks to achieve a SAP rating of 97 (See SAP Rating confirmation provided by Scotframe email dated 25th September 2024). A Condition would need to be attached to ensure that the details submitted as well as the measures proposed are undertaken.
7.9 HIGHWAY IMPACT/PARKING 7.9.1 In terms of impacts on highway safety, it is considered that the proposed access arrangement, including visibility would be appropriate for the site and the single dwelling proposed for the site, and would offer a safe access onto the existing adjoining highway, and as such is acceptable.
7.9.2 With regard to off road parking, the dwelling would have at least 3 spaces provided within the site (2 within the car ports and one on the hardstanding area within site), with space available to enable the parking of additional vehicles on site, if required, which would meet the requirements of Transport Policy 7 as stipulated within Appendix 7 of the IOMSP. Additionally, the site is within walking distance to public transport corridor along the A3 (about 540m) which increases the public transport options available to future occupants.
7.9.3 Likewise, Highway Services have assessed the proposal and raise no objections subject to recommended conditions. Therefore, it is considered that this element of the scheme complies with the requirements of the aforementioned policies.
7.10 OTHER MATTERS 7.10.1 No further concerns are identified.
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8.0 CONCLUSION 8.1 Overall, and for the for the reasons indicated within this report it is concluded the proposals comply with the relevant planning policies of the Isle of Man Strategic Plan 2016, and the Residential Design Guide 2021. It is also considered that the scheme as proposed would not have significant adverse impacts upon public or private amenities, or result in adverse visual/landscape impacts, or adverse tree, biodiversity or highway safety impacts. Accordingly, the application is recommended for an approval.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 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).
9.2 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.
9.3 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.
9.4 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.
9.5 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 the Right to Appeal.
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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 Date: 28.04.2025
Signed : Presenting Officer
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