6 May 2022 · Delegated - Principal Planner Chris Balmer
Land East Of Watersmeet, Phildraw Road, Ballasalla, Isle Of Man, IM9 3du
The proposal seeks Approval in Principle (AIP) to establish a residential plot for a future dwelling on a tree-surrounded site accessed from Phildraw Road in Ballasalla, addressing only the principle of development and access, with all other details reserved for later approval.
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The officer assessed the principle of residential development as appropriate given the site's Predominantly Residential zoning on the Area Plan for the South, creating a presumption in favour subject …
Strategic Policy 1
Requires development to make best use of previously developed land and existing infrastructure. Officer found site suitable for residential principle within existing settlement.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development must be in existing settlements unless complying with GP3. Site in Ballasalla settlement and Predominantly Residential zone supported principle.
General Policy 2
Requires development to respect site/surroundings in siting, scale, design; incorporate trees/topography; safe access; no adverse amenity/highway/flood impacts. Proposal acceptable with conditions for trees, access, drainage, biodiversity.
Environment Policy 10
Applies due to partial Flood Risk Zone. Mitigated by conditioning Flood Risk Assessment at reserved matters and no dwelling in flood-prone north-west.
Environment Policy 13
Prohibits development causing unacceptable flood risk. Officer required Flood Risk Assessment condition given medium likelihood surface water flood risk in north-west.
Time limit for reserved matters
Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Reserved matters approval required
Approval of the details of siting, design, external appearance of the building[s], internal layout of buildings, drainage, and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Arboricultural Method Statement
Prior to the construction of the access to this building plot hereby approved an Arboricultural Method Statement (AMS), 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 AMS should confirm what protection measures are going to implemented, how and when they are they are going to be implemented, and how arboricultural site monitoring will take place throughout the construction process, in sufficient detail to provide a high level of confidence in the outcome for retained trees. The agreed protection measures and construction methods shall be adhered to in full.
Driveway and access construction
Prior to the occupation of the dwelling the driveway and means of vehicular access identified on drawing No. 271/021a dated 8th April 2022 shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction.
Additional reserved matters details
Notwithstanding the details outlined in relation to Condition 2 the Reserved Matters Application shall also include details of; (a) dwelling limited to single storey below their eaves level; (b) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; (c) all external materials to be used in the development; (d) existing and proposed ground and floor levels; (e) foul and surface water drainage; (f) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; (g) existing and proposed ground and floor levels; (h) integrated measurers to support bio-diversity net gain; (i) provide sustainable drainage systems; (j) preliminary Ecological Appraisal, which is to include bats, nesting birds and Japanese knotweed; (k) Flood Risk Assessment; (l) Bicycle, EV charging points and car parking provisions in accordance with the adopted standard; and (m) Waste bin storage and collection; (n) Soft and hard landscaping.
No significant road safety or highway network efficiency issues. No objection subject to access arrangements per drawings 271/020c and 271/021a, and Section 109A Highway Agreement.
No objection
Multiple statutory consultees raised ecological, arboricultural, and highway concerns but ultimately provided no objection subject to conditions and further surveys; third-party representations strongly objected due to tree loss and access safety.
Key concern: loss/damage to Registered trees and protected species (bats/birds) requiring PEA and surveys prior to determination
DEFA Ecosystem Policy Officer
Conditional No ObjectionThe proposal site is an area of semi-improved grassland, surrounded by trees, many of which are mature, immediately adjacent to a wooded river corridor. The site is therefore likely to be of ecological interest and requires further investigation.; Development proposals will need to evidence there will be no net loss or biodiversity on site
Conditions requested: Preliminary Ecological Appraisal (PEA) adhering to CIEEM (2017) Guidelines submitted prior to determination; bat survey/assessment for trees to be removed prior to felling; bat mitigation with Preliminary Roost Features (PRFs) and soft felling methodology; no external lighting unless detailed low level lighting scheme approved per BCT/ILP Guidance Note 8
DOI Highways Development Control
Conditional No ObjectionThe proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject to all access arrangements
Conditions requested: Section 109(A) Highway Agreement post-consent; surface water drainage details to show no discharge onto highway at full application; Strategic Plan parking: two spaces per dwelling at full application; bicycle parking: one space per bedroom at full application; electric vehicle charging point provision at full application
Senior Arboricultural Officer, DEFA Agriculture & Lands
No ObjectionI do believe it would be possible to build some form of dwelling on this site, with the right design.; the residual constraints – those imposed only by good quality trees – are likely to represent a much smaller area than the constraints shown
Conditions requested: replanting details to mitigate highway tree removal per DEFA Tree Protection Policy
Manx National Heritage
Conditional No ObjectionWithout such information it is not possible to make an informed decision on the suitability of this application for approval in principle.
Conditions requested: Preliminary Ecological Appraisal (PEA) adhering to CIEEM (2017) Guidelines prior to determination; bat survey prior to tree felling/removal/lopping; tree works outside bird nesting season (late Feb-late Aug/Sep)
DEFA Senior Arboricultural Officer (initial)
Conditional No Objectionif details of sufficient mitigation for the proposed tree removal are not submitted then the Directorate would object to this application.
Conditions requested: details of sufficient mitigation/replanting for proposed tree removal per Directorate's Tree Protection Policy
Sarah Corlett Town Planning Consultancy Ltd (for Phildraw Mansion House/Moorecroft)
ObjectionThe development will result in an unacceptable impact on existing Registered Trees; we are not satisfied that the proposed new access would be safe
Conditions requested: individual RPAs determined for northern trees prior to determination; detailed planting scheme with 5 year aftercare plan
Sarah Corlett Town Planning Consultancy Ltd (further response)
Objectionit has not been satisfactorily demonstrated that a dwelling could be accommodated on the site without significant adverse impact on the boundary trees.
Resident of Struan
ObjectionWe need to be planting trees not felling them to make way for another dwelling.; I regard this application as detrimental to the area.
