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This statement was initially drafted in support of an application for Approval in Principle for the construction of a retirement dwelling in the garden of their bungalow, Overdale, Balleira Glen Road, Kirk Michael by Mr and Mrs R Harvey. Since that time Mr Harvey has suffered a series of strokes and while it is still hoped that the new dwelling will be suitable for their continued use it may well be that they have to relocate, in which case, given approval the design of any new building will be by others.
It came as a surprise to Mr and Mrs Harvey when they started to plan the building to find that only part of their garden was zoned as residential, hence the need for this Approval in Principle application and this Planning Statement.
This statement will seek to show that the granting of approval for this development would be in accordance of the main objectives of the Isle of Man Strategic Plan while at the same time not setting an unacceptable precedent for development on un-zoned land.
The grounds of Overdale bungalow extend to approximately 1.2 acres (4,480 m²) and the area shown as the site for the new dwelling is approximately 0.75 acre (3,000 m²).
The site is generally level and under grass, and fronted on the north and east by semi mature trees and on the south and west by the gardens of two adjacent properties. See photographs (Appendix 1).
As this application is for approval in principle, if granted any future application will be address the Reserved Matters. However the following is considered relevant as the attributes of the site are listed and help to show the sense of permitting development.
It was Mr and Mrs Harvey’s original intention is to build a state of the art, low energy, and low maintenance retirement dwelling to suit them into their old age. Access would be via the existing, albeit improved, driveway serving Overdale, extended through to the site.
The plot is large enough to utilise systems such as ground source heating and is screened on virtually all sides. This, combined with the variety of different building designs in the immediate area means that there is no one dominant aesthetic and any detailed design can be of a style and form that will accommodate all the latest technology such as solar panels, photovoltaics and passive solar gain.
In or about February 1964 a planning application by Mr R Telford, IDO 18986, was approved for the construction of a bungalow and garage. It is pertinent to note that the site plan attached to this application includes the area of the site now proposed for the new dwelling (Appendix 2). On the form submitted, “Application for permission for development or change of use of land or buildings”, the answer to question 2, “particulars of purpose for which property when developed is intended to be used” is noted as being “dwelling”.
Also the proposed access is shown as being through the application site
In 1992 an application was submitted to alter Overdale and this is not relevant to this application.
The two documents which give guidance as to how a planning application in Kirk Michael should be assessed are:
(a) The Isle of Man Strategic Plan dated June 2007, and, (b) The Kirk Michael Local Plan dated July 1994.
Part of the plan attached to the Kirk Michael Written Statement is included (Appendix 3) as the field numbers are at variance with those shown on other OS maps.
Strategic Plan: In earlier consultations the author sought advice from the planning department and attached herewith are e-mails (Appendix 4) from Chris Balmer, planning officer, listing reasons why the application would
not be acceptable. In particular reference is made to Environment Policy 1, General Policy 3, and Housing Policy 4. We would contend that these are standard policies to which officers refer and that he has not had particular regard to the site or to the objectives of the Plan.
With regard to the specific policies referred to we would comment as follows:
Environment Policy 1 – In the wider context this is acknowledged as being reasonable, but this site is not in the countryside. It is the garden of an existing house set within the village of Kirk Michael. Indeed the approval granted under IDO 18986 grants it residential status
General Policy 3 - While this lists reasons for refusing development it is argued that the site by virtue of its position and history meets a number of the criteria included in sub-paragraph c.
Housing Policy 4 – “New housing will be located primarily within our existing towns and villages ...” Due to what we consider to be historical accident the site is not zoned, but in all other respects it meets this policy.
As noted, when considering the merits of the application the officer has referred to perceived contraventions of the POLICIES of the Strategic Plan, but he has failed to consider the AIMS & OBJECTIVES as contained in chapters 2 and 3 of that document. There are a number of criteria set out in these chapters that we consider relevant. As the site meets these objective therefore development would/should be permissible.
Kirk Michael Local Plan - This is the document referred to in the Strategic Plan and the prime reason why this application is having to be made is because that part of the garden of Overdale which forms the site for the proposed development is shown on the map (Appendix 3) attached to the Written Statement (field no 7709) as zoned as open space (agriculture). In fact the fence to the rear (east) of Overdale was erected by the current owners in 1990 to create a paddock for their pony. In earlier records, including OS sheet (Appendix 5) there is no division and this is further evidenced by the plans attached to the deeds (Appendix 6). The zoning of the site could/should be as part of the garden of Overdale
It is interesting to note also that field 7112 immediately to the north of the site is shown as open space whereas in fact it forms the garden to Ballyre House and access to this property is via a driveway through the field. There has either been subsequent development or this area too is wrongly annotated
Finally, the Kirk Michael Local Plan is now some 20 years old. Other local plans have been updated to accommodate changing needs and allow for sensitive, sensible development. This will no doubt be the case for Kirk Michael and, as and when it is re-drafted it would be hoped that the site would be re zoned as logical infill.
6 Access
Officers of the Department of Infrastructure Transport Division have been consulted. The road in Balleira Glen is not considered a traffic problem but the development would provide the opportunity to alter the driveway to Overdale so that access would be improved. The drive will be widened
and visibility splays improved to a detailed design approved by the Department.
It should be noted that the improvement works can be undertaken without the loss or damage to any mature trees.
(a) Drainage - The proposed site can be serviced by linking into the existing foul sewer (b) Surface water drainage - While it would be possible to route surface water to the stream in Balleira Glen the site readily drains so natural wastage incorporating soakaways would also be an option. It was originally envisaged that the detailed design would look carefully at porous surfaces and rainwater harvesting as part of its ecological credentials. (c) Mains electricity, gas, water and telephone services are available. Responses can be supplied if required but as this can reasonably be assumed have not been included
There are a number of properties on the Balleira Road and there is no strong architectural style encompassing the area. Indeed, modern houses have been permitted alongside traditional dwellings and less successful extensions. It would be possible therefore to design a new property that would sit happily on its plot, respect its neighbours and its boundaries without the need necessarily to follow the traditional format that is required outside the village boundary
If approval is granted then the design of the dwelling will be subject to further detail discussions with the planning department and be subject to compliance with any Reserved Matters
We have tried to show that the site should have been zoned as part of the grounds of Overdale and that the fact that it is not is a cartographer’s error. Evidence for this is twofold; the site plan of the earlier planning application designates the area “dwelling” (and early OS maps show it as one field) and also that the grounds of Ballyre House are incorrectly zoned. Even if this were not the case, the granting of approval for development, given its siting and proximity to the centre of Kirk Michael Village would meet the aims and objectives of the Strategic Plan and would not set any unwelcome precedents. We would ask that approval in principle be granted for a dwelling on the site
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