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PLANNING OFFICER REPORT AND RECOMMENDATIONS 14/00401/A Mr Edwin Davies OBE Variation of condition 2 of permitted approval in principle application for three dwellings (PA 12/00525/A) in order to extend period of permission by two years Field 432533, 432534 & 432535 Phildraw Road Ballasalla Isle Of Man Application No. : Applicant: Proposal; Site Address: Case Officer: Photo Taken : Site Visit: Expected Decision Level : Officer Delegation Miss S E Corlett Officer's Report THE SITE 1,1 The site is a parcel of land which is 7.7 acres in size, located on the western side of Phildraw Road. The site has to its south, the residential curtilages of two existing dwellings, Firlea and Dale Rise, Opposite the site, on the eastern side of Phildraw Road, there are other existing properties, Sunnyside, Walden and Ballavoddan. Thrang End sits to the north of the site. 1.2 The area is generally characterised by two types of property - relatively modest dwellings in commensurate curtilages and much larger, grander dwellings in substantial grounds, such as Phildraw Mansion House, Finito, Fildraw, Phildraw House and a new dwelling being built just to the north east of the application site. The road has Manx hedges and self seeded trees alongside the road which is around 7m wide without footways. THE PROPOSAL 2.1 Proposed is the variation of one of the condition attached to PA 12/00525 for the approval in principle of the creation of three dwellings on the site and which was approved subject to the following conditions: C 1. Approval of the details of siting, design, external appearance of the building[s], Internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced. C2. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission. C3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later. 14/00401/A Page 1 of 5 20 May 2014

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C4. The application for reserved matters must demonstrate that a safe access can be provided together with the retention or re-construction of traditional Manx banks along the frontage of the site. NOTE: The advice of the Department of Transport should be sought in this respect. C 5. The application for reserved matters must include a detailed and accurate survey of all existing hedges and trees on site and provision for the protection of such vegetation both during and after the course of construction together with a scheme for new planting to create a landscaped setting for each of the properties and to complement and reinforce the existing vegetation. C6. Each dwelling must be individually designed in response to the topography of each plot and to a high quality, standing within at least one acre of its own landscaped grounds, in accordance with the provisions of Planning Circular 8/89. C7. This permission relates to the principle of the erection of three dwellings and the creation of a new access as shown generally in plans reference WL/12/1237/1 and WLyi2/1237/2 both received on 3rd April, 2012. 2.2 Whilst PA 13/91126 proposed the discharge of the matter of the access, a number of matters remained for discharge within the appointed time - ie prior to 17th May, 2014 - the design and siting of the proposed dwellings and landscaping must be submitted prior to 17th May, 2014 and the development commenced within 2 years of the approval of the last of the reserved matters or by 17th May, 2016 whichever is the later. 2.3 The application seeks a variation of the approval such that condition 2 of the approval in principle would allow the application for the details of the reserved matters to be made by 17th May, 2016 which effectively allow the development to be commenced two years after the date of the approval of the last of the reserved matters. PLANNING STATUS AND POLICY 3.1 The site is identified in the Area Plan for the South as "Proposed Low Density Housing in Parkland". This refers to a designation in the 1982p and a definition provided in Planning Circular 8/89 which describes the provision of land for the development of large houses set in their own landscaped grounds of at least one acre in area. This site, and additional land on both sides of Phiidraw Road were so designated in 1982p and the Southern Area Plan confirms this designation which had led to three relatively recent successful applications for development of this type - two plots to the north of Thrang End and a new dwelling on the opposite of the road. PUNNING HISTORY 4.1 Planning permission has been granted for the principle of three dwellings on this site under PAs 03/01902,08/00913 and 12/00525. Applications for a greater number of dweliings were previously refused - PAs 97/01384, 98/00363 and 99/01175. REPRESENTATIONS 5.1 Malew Parish Commissioners and Department of Infrastructure Highway Services indicate that they do not oppose the application and recommend discussion with them regarding working within the highway. ASSESSMENT 14/00401/A 20 May 2014 Page 2 of 5

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6.1 The provision of the access accords with what was shown in previous applications as being the general form of access to serve the three plots. The further detail of the walling and gates is what could be expected for a development of this density of housing and is not dissimilar to that at the front of Phiidraw Mansion House, which is also in the ownership of the applicant. 6.2 The situation regarding the status of the approvals is somewhat complicated in that whilst the matter of access has been satisfied however development may not commence until such times as all of the reserved matters have been approved. As such, the applicant wishes to have additional time to prepare a reserved matters application for the remainder of the unapproved matters such that development may commence and the permissions be taken up. Whilst it is disappointing that the sites have not been developed, bearing in mind the perceived need for larger properties and their relatively sustainable position in relation to the settlement of Ballasalla, the site is still considered suitable for development and it is in the public interest to maintain the development potential of the land as set out in the APS. 6,4 As such, it is recommended that condition should be amended to read: ’The application(s) for approval of the reserved matters shall be made to the Planning Authority prior to 17th May, 2016." PARTY STATUS 7.1 The local authority, Malew Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status, 7.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d. Recommendation Recommended Decision: Permitted Date of Recommendation: 19.05.2014 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals C 1. Details of the details of the siting, design, external appearance of the buildings, internal layout, means of access, landscaping of the site; (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Planning Authority before any development is 14/00401/A Page 3 of 5 20 May 2014

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commenced and thereafter the development shall only be carried out In accordance with the details as approved. Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013. C 2. The application for approval of reserved matters shall be made to the Planning Authority prior to 20 May 2016. Reason: To avoid the accumulation of unimplemented planning approvals. C3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved mattersm whichever is the later. Reason: Procedure) (No2) Order 2013. To comply with article 14 of the Town and Country Planning (Development C4. The application for reserved matters must demonstrate that a safe access can be provided together with the retention or re-construction of tradtional Manx banks along the frontage of the site. Reason: In the interests of visual amenity and highway safety. C5. The application for reserved matters must include a detailed and accurate survey of all existing hedges and trees on site and provision for the protection of such vegetation both during and after construction together with a scheme for new planting to create a landscaped setting for each of the properties and to complement and reinforce the existing vegetation. Reason: In the interests of visual and environmental amenity. C 6. Each dwelling must be individually designedin response to the topography of each plot and to a high quality, standingwithin at least one acre of its own landscaped grounds, in accordance with the provisions of Planning Circular 8/89. Reason: To accord with the provisions of the Development Plan. This approval relates to drawings reference WL/12/1237/1 and WL/12/1237/2 received on 31st March, 2014. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer. Decision Made : Permitted Date : Determining officer (delete as appropriate) Signed :... Chris Balmer Senior Planning Officer Signed :... Sarah Corlett Senior Planning Officer 20 May 2014 14/00401/A Page 4 of 5

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Signed :... Michael Gallagher Director of Planning and Building Control Head of Development Management Signed :... Jennifer Chanc 14/0040i/A 20 May 2014 Page 5 of 5