4 March 2024 · Planning Committee
Eskdale, King Edward Road, Onchan, Isle Of Man, IM4 6ab
The site is a 0.71 hectare residential curtilage surrounded by mature trees and hedging, located in a rural countryside area near King Edward Road and the Manx Electric Railway, with a watercourse running through it.
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The officer determined that the principle of demolition complies with Housing Policy 12 (HP12) as the existing dwelling, while attractive in parts, has been diluted by inappropriate extensions, is not…
Environment Policy 1
Requires protection of countryside from adverse development unless overriding need. Officer assessed proposal would not harm landscape character due to high-quality design, low profile form, siting, retained woodland setting, and varied local property styles despite larger size.
Housing Policy 12
Permits replacement unless building abandoned or of architectural/historic interest capable of renovation. Existing Arts and Crafts dwelling diluted by extensions, not registrable, previous approvals granted; no new info to overturn.
Housing Policy 14
Replacement must not be substantially different in siting/size (max 50% increase) unless environmental improvement or less visual impact; innovative modern design permitted if high quality/no adverse impact. 83% increase accepted due to reduced massing/height from key views, similar footprint, less visual impact overall vs existing/previous approvals.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
No extensions/alterations
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.
No additional buildings
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 garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
Parking and turning
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 (300/021a). 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.
Garage for parking
The garage hereby approved shall at all times be made available for the parking of private motor vehicles(s) and shall be retained available for such use.
Soft landscaping
No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of the retention of existing landscaping and new planting showing, type, size and position of each. 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 the kennel extension, 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.
Tree retention
No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner 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. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Tree protective measures
Prior to the commencement of the development hereby approved, the protective measures detailed in the Existing site plan (Drawing number 300/002), prepared Wilson Consulting and submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process.
Bat survey
No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details.
Visibility splays
The visibility splay(s) identified on drawing 300/020a; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level.
Non-fossil fuel systems
Notwithstanding the details of the non-fossil fuel energy/heating systems as shown on drawing 300/020a, prior to the commencement of any works detailed drawing/s showing the location of any external non-fossil fuel energy/heating systems shall be submitted to and approved in writing by the Department, including specifications of such systems and these approved systems shall be completed prior to the occupation of the dwelling and retained thereafter.
Materials approval
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.
Flood Risk Assessment
Prior to the occupation of the dwelling the Flood Risk Assessment findings and conclusion as outlined in Section 10 and drawing 100 (BB Consulting) shall be fully adhered to and retained thereafter.
Lighting strategy
Prior to the installation of any internal or external lighting to the dwelling hereby approved a detailed strategy for lighting shall be submitted to and approved in writing by the Planning Authority which demonstrates with internal and external lighting and to the potential impacts therefrom including the position, number, type and intensity of lighting throughout the site and any other measures required to mitigate any potential impacts therefrom to ensure protection of bats and shall include a timetable for the implementation of the scheme. The approved scheme shall be fully adhered to and retained thereafter. There shall be no external illumination and no additional lighting of any kind within the building other than that approved within the strategy for lighting.
No objection after garage size increase to meet standards; Section 109(A) Highway agreement required for access
No objections provided no adverse effect on adjacent watercourse and precautions against pollution; Section 18 consent needed for watercourse/culvert works
No objection subject to conditioning FRA findings
No objection as no trees for removal, subject to tree protection conditions
Multiple consultees responded to application 23/00799/B with no objections overall; Forestry/Amenity and Lands recommended tree protection conditions, Highways requested garage dimension revisions, DEFA Biodiversity requested bat surveys, and others provided conditional no objections or support.
Key concern: potential for legally protected bat roost in existing house
Forestry, Amenity and Lands Directorate
Conditional No ObjectionThe information provided shows no trees for removal on the site and there for the directorate does not object to this proposal.; As there are existing trees in close proximity to the proposed development we would recommend the following conditions if this application is approved
Conditions requested: No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner 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. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant’s control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.; Prior to the commencement of the development hereby approved, the protective measures detailed in the Existing site plan (Drawing number 300/002), prepared Wilson Consulting and submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process.
Highway Services Division
Conditional No ObjectionHighways request the increase in depth of the garage to 6m.; The Manual for Manx Roads minimum standard for a double garage is 6m x 6m with minimum door width of 2.4m.
Conditions requested: increase in depth of the garage to 6m
DEFA Biodiversity
Conditional No ObjectionDue to the age, condition and location of this property, immediately adjacent to Groudle Glen Wildlife Site, the Ecosystem Policy Team believe that there is potential for a legally protected bat roost to be present
Conditions requested: preliminary assessment for roosting bats is undertaken on the dwelling by a suitably qualified ecological consultant; report detailing the findings of the preliminary assessment and any additional surveys, alongside appropriate avoidance and mitigation measures, to ensure that bats are protected during and after development, should be submitted to Planning prior to determination of the application
DEFA Fisheries
Conditional No ObjectionDEFA, fisheries have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse.
Conditions requested: precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river; Any works on the watercourse or culvert would require a Section 18 consent from DEFA Fisheries
Department of Infrastructure Flood Risk Management Division
Conditional No ObjectionFRM have read and accept the FRA
Conditions requested: conditioning the findings of the FRA dated 4th December 2023 - in particular section 10
Manx National Heritage
Conditional No ObjectionWe would ask that a bat survey be undertaken in order to establish if bats are present in the area as some older trees would provide ideal bat roost/maternity sites.
Conditions requested: bat survey be undertaken in order to establish if bats are present in the area; full nesting bird survey be undertaken, also prior to works commencing
Garff Commissioners
No ObjectionA Member expressed concern with the style of the proposed dwelling which they felt was inappropriate for this rural location.; No Objection.
