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The application site comprises the residential curtilage of Farmhill Farm House which is situated to the northern side of the Farmhill Lane. The site comprises of a two storey dwellinghouse and an outbuilding. To the north east of the application site is Farmhill Manor, which is a Registered Building, and to the North West are No’s 8 and 10 Manor Drive. To the southwest is the residential property of No.31 Farmhill Lane and to the south east is the residential property of Farmhill Lodge.
The application site is located within an area zoned as predominantly residential in the Douglas Local Plan.
This application is seeking an approval in principle to demolish a disused building and to build 2no. 4 bedroom dwellings and a garage to serve Farmhill Farm House.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: Strategic Policies 1, 2, 3, 4, 5, and 10, General Policy 2, Environment Policies 3 and 42, Housing Policy 6, Transport Policies 1, 4 and 7
Housing Policy 6 states that "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
Transport Policy 7 states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
Environment Policy 42 states that "New Development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
Section 16(3) of the Town and Country Planning Act 1999 states that "In considering whether to grant planning approval for development which affects a registered building or its setting, or whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses."
The following previous applications are considered relevant in the consideration of this application: 01/1122/B – Erection of Conservatory – granted 25th October 2001 90/00167/B – Erection of boundary fence – granted 87/00167/B – Erection of boundary fence, granted
Highways Division of the Department of Transport do not oppose the application subject to the imposition of conditions. Douglas Corporation has not commented on the application. Standard comments have been received from the Isle of Man Water Authority and the Manx Electricity Authority.
The occupiers of Farmhill Lodge does not object to the revised plans submitted if the opening to the garden to Farmhill Farmhouse was blocked off and the right of way given up before any construction work was undertaken.
A resident of Port Soderick does not object to the principle of some development but considers this application to be over intensive.
The main issues in assessing this application are a) the conformity with planning policies; b) the effect of the proposal on the visual appearance of the area c) the effect on the living conditions of the neighbouring residents.
The proposed developments would be an acceptable form of development for the site as it would be accordance with the land use zoning within the Douglas Local Plan. The proposal conforms to the car parking standards of the adopted Strategic Plan in that 2 car parking spaces could be accommodated within each of the plots.
The current application is in principle only, but it is reasonably clear that the applicant wishes the Department to have regard to the indicative proposal for two dwellings. Furthermore, the applicant has indicated that the dwellings will be 4 bedroom dwellings and therefore it is likely these dwellings will be two storeys in height. The indicative plan appears awkward and cramped with very little space between the dwellings. It is therefore considered that this proposal would overdevelop the site and would not provide satisfactory living environment of the future occupiers of the dwellings.
The orientation of the dwellings would prevent any substantial overlooking between dwellings and private amenity areas from occurring.
In respect of the setting of Farmhill Manor, which is a Registered Building, the proposed dwellings are very close to the curtilage of the Manor. There are a substantial number of trees running along its boundary, which could be affected by this proposal. The trees are a substantial factor to the setting of the Registered Building. It is difficult to substantiate whether this proposal will adversely affect these trees resulting in either loss or damage to them as no tree survey has been submitted. If the trees are loss or damaged this would adversely affect the setting of the Registered Building by opening up views to the new dwellings instead of seeing the Manor in the context of the existing trees.
The application is proposing to use existing accesses to allow the site to be developed. However, one of the access points serve as the main access to Farmhill Farm House. This will serve as a shared access drive to the existing property and plot 1. The existing access is adjacent to the existing dwelling which would be detrimental to the amenity of the existing dwelling and would be inappropriate.
It is recommended that the application be refused for the above reasons.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The occupiers of Farmhill Lodge, Farmhill Lane accords with Planning Circular 1/06 and therefore should be afforded party status.
Whilst the Isle of Man Fire and Rescue Service, Manx Electricity Authority and the Isle of Man Water Authority represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance.
Mr Jessop of Seacliffe, Old Castletown Road, Port Soderick, given his distance from the application site is not granted Interested Party Status under the provisions of Planning Circular 1/06.
In summary, it is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status:
Douglas Corporation Highways Division of the Department of Transport The occupiers of Farmhill Lodge, Farmhill Lane
Accordingly the following parties are not afforded interested party status:
Recommended Decision: Refused Date of Recommendation: 31.01.2008
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
R 1. The indicative plan illustrates a considerable over-development of the site which would result in:
a) two dwellings covering much of the site creating an awkward and cramped layout which would be out of keeping with the surrounding area; b) there being inadequate external space for the future occupiers of the dwellings; and c) the dwellings would be in close proximity to a number of trees on the boundary of Farmhill Manor and would likely result in the damage to the root structure of the trees harming their long term viability which would be to the detriment of the visual amenities of the locality and the setting of a Registered Building.
R 2. The use of the existing vehicular access would by reason of it's close proximity to the existing dwelling of Farmhill Farm House be detrimental to the residential amenity of the occupiers of the existing dwelling.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made: Refused Date: ...
Signed: ...
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