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The site represents the northern part of field 421519 which lies between Ballamaddrell Farm and a detached property known as Hawthorns on the southern side of the B40 Grenaby Road.
The site is within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as "white land", that is not designated for development.
Planning permission was granted in principle for a new agricultural dwelling on this site (PA 04/1951). This required that the new dwelling was located in the north western quarter of the defined site and this should form the curtilage of the dwelling: the remainder of the field must remain in agricultural use. Access to the new dwelling was required to be from the existing access track serving Ballamaddrell Farm as indicated on the approved drawing. The existing front boundary of the site must remain un-breached. The proposed dwelling must be of modest size and traditionally styled in accordance with Planning Circular 3/91.
Planning permission has been sought for conversion of an existing outbuilding in front of Ballamaddrell farmhouse to an artist's studio (PA 04/1741) permitted and an application is currently pending for the conversion of the other stone building in front of the farmhouse to tourist accommodation (PA 05/92309).
An existing agricultural worker's bungalow exists further to the north east on the Grenaby Road than this property. This was approved some time ago but approval was sought under PA 04/00426 for removal of the agricultural tie on the property. This was refused up to and at appeal (06.05.05) for reasons relating to an absence of demonstration that there was no longer a need for such agricultural dwellings. Approval was granted for the principle of this new dwelling on 01.04.05 before the appeal was rejected for the removal of the tie but those approving this new dwelling would have been aware of the existence of the agricultural dwelling and the application to remove the tie when approving this new dwelling in principle.
The application is described as for the matters reserved from this application in principle. The application is actually a full detailed application as one of the conditions of the approval in principle has not been complied with and as such the application cannot be one for reserved matters.
The application proposes the erection of a bungalow situated in the middle of the top part of the field. The bungalow is to be 8.5m deep and 14m. the bungalow is traditionally styled with a pitched slated roof and modest pitched roofed porch. Access is to be provided using the existing access onto the Grenaby Road.
The proposal does not comply with the approval in principle. However, the location of the property has changed as the applicant wishes to avoid building on boggy ground and to avoid existing trees in this corner of the field. The trees are shown on the plans and clearly the dwelling could not be built in this corner in compliance with the condition without adversely affecting the trees.
The dwelling is modest - three average sized bedrooms and whilst it may be reasonable to assume that a garage may be forthcoming once the dwelling is built, this would not be unacceptable if it is detached. The provisions of the Town and Country Planning (Permitted Development) Order 2005 should be suspended so that there is some control about further extensions and garages.
The Department of Transport's objection relates to no improvement to the existing access and refers back to the approval in principle. However this did not require any improvement to the existing access, only to require that the new dwelling be accessed using the existing access serving Ballamaddrell Farm. the site of the previous application did not include the existing access and as such it would have been inappropriate to attach such a condition. I am not sure that the existing access is capable of being improved significantly due to its proximity to the bend and the existence of trees and vegetation.
The applicant's agent has submitted further plans which show a new entrance to which the Department of Transport has no objection. There is, however an objection from the owner of The Hawthorns who is concerned that if the access remains as now proposed, this will result in vehicles associated with the property being parked at the eastern side of the site, closest to his property, not on the west as would have been the case with the previous proposal for access.
Whilst, due to the existing vegetation between The Hawthorns and the site, and the distance of The Hawthorns from the entrance I doubt that the parking of vehicles on the eastern side would cause detriment to the occupants of The Hawthorns, however, it would be preferable not to have such vehicles or further buildings on this site, thus extending built development further from the original farmhouse. A condition suspending the provisions of the Town and Country Planning (Permitted Development) Order 2005 would be appropriate anyway and a note indicating that if further buildings (shed, garages as would be allowed under the Order) are proposed they should be on the western side, may allay this objector's fears in this respect.
Arbory Parish Commissioners and Department of Transport Highways and Traffic Division are statutory authorities and as such should be afforded party status in this instance.
Fire Prevention Officer represents a statutory authority and should be afforded party status in this case.
The occupant of "Hawthorns" is directly alongside the application site and should be afforded party status as he was in the case of the previous application.
Recommended Decision: Permitted
Date of Recommendation: 18.08.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the erection of a dwelling, parking area and access as shown in drawings reference BA210.P10-01, -03 and -04 received on 23rd February, 2006 and BA210.P10-02A received on 5th June, 2006.
C 3. The occupation of the proposed dwelling(s) must be limited to persons whose employment or latest employment is or was in agriculture in the Island and including the dependants of such persons as aforesaid.
C 4. Prior to the commencement of any excavation or building works on the new dwelling, the proposed access, complete with visibility splays as shown in drawing reference BA210.P10-02A must be in place and available for use.
C 5.
The existing access onto the B40 must be closed off by the creation of walling and/or sod hedging to match that on each side, immediately following the completion of the new approved access.
C 6.
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, garden sheds, summerhouses, decking or garages shall be erected.
Note: if applications are to be made for such structures or any other new buildings on the site, such should be sited on or towards the western side of the site so as to reduce the visual impact of such further development
C 7.
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005, no windows may be replaced without the permission of the Planning Authority and the windows to be installed in the new dwelling must match those shown in drawing reference BA210.P10-04 received on 23rd February, 2006.
N1 SN0016 -Smoke detection
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date: 18/8/06
Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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