17 March 2021 · Planning Committee
Land West Of The Herring Houses, Fort Island Road, Derbyhaven, Isle Of Man, IM9 1tz
The proposal involves building a new 'upside down' two-storey detached house (living areas on first floor, bedrooms and garage on ground floor) with a footprint of about 121.9 sqm, ridge height of 7m and eaves at 4.7m, on a turfed area within the curtilage of The Herring Houses, enclosed by high stone walls.
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The principle of residential development was accepted on balance due to the site's location within the predominantly residential zoning and Derbyhaven settlement boundary, despite the Area Plan statin…
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design, not adversely affect character/amenities/highway safety, provide adequate parking/amenity. Officer assessed proposal complies as amended design preserves character, no overlooking/loss of amenity (20-21m separation, no rear/side upper windows), acceptable access/parking, improved internal outlook/gardens.
Strategic Policy 1
Optimise use of under-used land, efficient site use with access/landscaping/amenity. Site is under-used turfed area in residential curtilage; larger gardens and upside-down layout provide pleasant outlook over fields/golf course, efficient use accepted.
Environment Policy 42
New development in settlements must respect local character/landscape; no inappropriate backland or removal of green spaces contributing to amenity/place. Amended scheme not inappropriate backland: subordinate positioning, mirrors existing annex, preserves stone walls, blends with rear buildings in locality; overcomes prior refusal on over-development/character harm.
Transport Policy 7
Requires 2 parking spaces per dwelling, at least one in curtilage behind front. Proposal provides integral single garage + driveway space; acceptable on low-volume private lane per DOI Highways.
Time limit
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.
Surface water drainage
Prior to the occupation of the development hereby approved, the Soakaway and the drainage system designed to ensure that surface water is not discharged into the combined sever shall be provided in accordance with Drawing No. P01 Rev. A, and shall be permanently retained thereafter. Reason: In the interests of the appearance of the development and of the amenities of the area.
No future extensions or outbuildings
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 and no garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, shall be carried out, without the separate grant of approval of the Department. Reason: To control development in the interests of the visual amenity and the character of the area.
Parking and access
Prior to the occupation of the dwelling hereby approved, the parking and access arrangements, including visibility, shall be provided in accordance with approved plan Drawing No. P02 received 14 December 2020 and P01 Rev. A received 5 February 2021 and retained as such thereafter. No other/additional access provisions may be made. Reason: In the interests of highway safety.
Materials approval
All external facing and roofing materials shall be as shown on the plans and specified within the list of external finishes on the submitted Drawing No. P01 Rev. A received 5 February 2021 and retained as such thereafter. No new types of materials shall be added to the external elevations of the development, hereby approved. Reason: In the interests of the character and appearance of the site and surrounding area.
No opposition (DNOC), satisfies highway requirements subject to conditions on parking/access/visibility per drawings P01/P02; low traffic/speeds acceptable; suggests Grampian condition for junction improvement
No Flood Risk Management interest
Highway Services raised no opposition subject to conditions on parking, access, visibility, and a Grampian-style condition for junction improvements; Flood Risk Management has no interest; Malew Parish Commissioners object due to unchanged issues from prior refusal affecting locality character.
Key concern: does not address reasons for refusal of previous application regarding adverse impact on locality character
Department of Infrastructure Highway Services
Conditional No ObjectionRecommendation: DNOC; the proposal satisfies highway requirements, allowing Highway Services to raise no opposition, subject to the conditions; Consideration should be given to the provision of an electric vehicle charging point; provision of secure and covered bicycle storage should be given in a separate location
Conditions requested: conditions for parking and access arrangements, including visibility, to accord with drawings No. P01 and P02; Grampian style condition for the junction improvement; provision of an electric vehicle charging point; provision of secure and covered bicycle storage in a separate location
Department of Infrastructure Flood Risk Management Division
No CommentNFRMI; No Flood Risk Management interest
Malew Parish Commissioners
Objectionthis application does not address the reasons for refusal of Planning application 20/00498/B on the same site, in particular part 2. of the refusal
