25 August 2021 · Planning Committee
Land At, Ellan Vannin, Laxey Road, Baldrine, Isle Of Man, IM4 6ha
The proposal seeks to extend the time limit on a prior approval (PA 16/00960/B) for erecting a new two-storey dwelling with integral garage and sun room on a parcel of land between existing dwellings on the A2 Coast Road in Baldrine.
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The principle of residential development was finely balanced due to the site's 'Green Gap' designation under the Area Plan for the East 2020, which presumes against development that erodes separation …
Strategic Policy 1
Requires development to optimise use of land, ensure efficient site use with access/landscaping/amenity, and utilise existing infrastructure. Officer assessed the infill site as efficient, served by A2 road, with adequate access/parking, tipping balance in favour despite green gap.
Environment Policy 1
Protects countryside outside settlements unless overriding need and no alternative. Site in countryside/Green Gap but accepted as infill not adversely affecting countryside character, with prior approvals providing material weight.
Environment Policy 42
New development in settlements must respect local character, avoid inappropriate backland or loss of green spaces. Proposal respects varied roadside character, not backland, with retained hedgerows/trees maintaining amenity.
General Policy 2
Permits zoned development respecting site/surroundings in siting/scale/design/landscaping, without adverse impacts on landscape/amenity/highways/trees/services. Fully assessed: scale/form in keeping, no amenity/highway/tree harm, services feasible.
General Policy 3
Restricts countryside development to exceptions; site outside zoning but justified via prior approvals/infill not fitting open countryside, akin to previously developed land argument though not explicitly listed.
Transport Policy 4
Highways must accommodate development traffic safely. Visibility splays, parking/turning provided per standards, no Highways objection.
Transport Policy 7
Requires parking per standards; at least two spaces and turning conditioned, compliant.
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.
Visibility splays
The visibility splay(s) identified on drawing 835.02 of 2.4m x 90m shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level. Reason: In the interests of highway safety.
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. 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. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Arboricultural Method Statement
Prior to the commencement of the development hereby approved an Arboricultural Method Statement prepared by a qualified Arboriculturist, adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The agreed protection measures and programme of arboricultural supervision (Project Arboriculturist) detailed within shall adhered to in full. Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site.
Project Arboriculturist appointment
For the purposes of undertaking the required arboricultural supervision as per condition 4, prior to the commencement of the development hereby approved, details of the appointment of a suitably qualified and experienced tree specialist to the role of Project Arboriculturist (PA) shall be submitted to and approved in writing by the Department. The Department shall be notified in writing if person appointed to the role of PA changes. Reason: To provide a high level of confidence in the outcome for retained trees on the site.
Tree planting details
No works or development shall be carried out until the Department has approved in writing the full details of all trees to be planted, including a) their quantity, location (or density), species, size at date of planting; b) the approximate date when they are to be planted; and c) how they will be maintained until successfully established. All planting, seeding or turfing comprised in the approved details must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: To ensure the provision of an appropriate landscape setting to the development.
No extensions without approval
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. Reason: To control development in the interests of the amenities of the surrounding area.
No additional garages/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 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. Reason: To control development in the interests of the amenities of the surrounding area.
no objection
no significant negative impact upon highway safety, network efficiency and/or parking; repeat conditions 2 and 3 of PA 16/00960/B; advise bicycle parking and EV charging in garage
no objection subject to revised wording for conditions on Arboricultural Method Statement, Tree Protection Plan, and appointment of Project Arboriculturist
All three consultees (DEFA Forestry, DOI Highways, and Garff Commissioners) raised no objections to the application for a two-year extension of planning approval, with DEFA Forestry recommending specific arboricultural conditions and DOI Highways advising on bicycle parking and EV charging.
DEFA Forestry
Conditional No ObjectionReason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site; The AMS should address (where applicable) the specification of the protective fencing to be used around trees, the removal of existing structures and hard surfacing, the installation of temporary ground protection over portions of RPA not within a CEZ, excavations within portions of RPA not within a CEZ, the installation of new hard surfacing within RPAs, specialist foundations required to prevent damage to trees, the use of retaining structures to facilitate changes in ground levels, preparatory works for new landscaping and how the project arboriculturist and/or construction manager will carry out arboricultural site monitoring, including a schedule of specific site events requiring input or inspection
Conditions requested: Prior to the commencement of the development hereby approved a Tree Protection Plan and an Arboricultural Method Statement, adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The agreed protection measures, construction methods, and programme of arboricultural supervision shall adhered to in full.; In a separate condition it would be useful to have the applicant confirm the appointment of a Project Arboriculturist prior to commencement
Department of Infrastructure (DOI) Highways Division
No ObjectionAfter reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking; Additionally, the Applicant be advised to consider within the proposed garage the provision of bicycle parking and an electric vehicle charging point
Conditions requested: repeating conditions 2 and 3 of PA16/00960/B
Garff Commissioners
No ObjectionThe Board had no objections to this application.
