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Application No.: 08/00326/REM Applicant: Mr M Bibby Proposal: Reserved Matters application to erect a dwelling Site Address: Land Adjacent To Allandale Farm Ballamanagh Road Sulby Isle Of Man ### Considerations Case Officer: Mr Chris Balmer Photo Taken: 31/03/08 Site Visit: 31/03/08 Expected Decision Level: Delegated Decision Senior DC Officer ### Written Representations ### Consultations {{table:522555}} Consultee : Manx Electricity Authority Notes: Note received
The application site represents a parcel of land adjacent to Allandale Farm, Ballamanagh Road, Sulby. The property is located on the northern side of Ballamanagh Road and south of the Sulby Bridge. Presently there are a total of three detached buildings within the site, all of which are in a poor state of repair.
The application site is within the area covered by the Sulby Local Plan Order 1998. Under this the application site recognised as being within an area of open space (including agriculture). Under the Isle of Man Development Plan Order 1982 the site is also within an area of High Landscape Value and Scenic Significance.
Relevant policies include:
The following previous planning applications are considered relevant in the assessment and determination of this application.
Approval in principle for the erection of a dwelling - 07/00375/A - APPROVED
The application seeks approval for the Reserved Matters application to erect a dwelling. The dwelling would have a width of 23 metres, a maximum depth of 21 metres and a height up to ridge level of 8 metres.
Lezayre Parish Commissioners have recommended a refusal which can be summarised by; Consider the size of the dwelling is totally beyond what must be required; out of keeping with neighbouring properties; and drainage problems in the area have already halted nearby building work.
Highways Division do not oppose subject to the imposition of the following conditions:- A visibility splay of 2 metres by 18 metres shall be provided for the access on to River Meadowland. Off street parking must be provided in accordance with Manx Roads 1. Access arrangements should incorporate a turning facility so a vehicle can turn around and emerge in forward gear.
The Manx Electricity Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The IOM Water Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The Chief Fire Officer makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The owners and/or occupants of Nonnezoshe, Ballamanaugh Close, Sulby, object to the planning application, which can be summarised as; loss of light due to height of proposal; proposal should be a single storey in height; and loss of privacy.
The owner and/or occupant of 36 Carrick Park, Sulby, objects to the planning application, which can be summarised as; drainage issues relating to the high water table in the area and proposal would add to the problem; the land has always been agricultural land and should remain so; the size of the proposal is out of keeping with the area, a blot on the landscape; loss of privacy due to the balcony; a septic tank should not be installed in an area served by sewer pipes, particularly due to the high water table; and the drainage in the area is already a problem, this proposal will exacerbate the problem.
The owner and/or occupant of 27 Carrick Park, Sulby, objects to the planning application, which can be summarised as; drainage issues relating to the high water table in the area and proposal would add to the problem; the land has always been agricultural land and should remain so; the size of the proposal is out of keeping with the area, a blot on the landscape; loss of privacy due to the balcony; a septic tank should not be installed in an area served by sewer pipes, particularly due to the high water table; and the drainage in the area is already a problem, this proposal will exacerbate the problem.
The owner and/or occupant of 28 Carrick Park, Sulby, objects to the planning application, which can be summarised as; drainage issues relating to the high water table in the area and proposal would add to the problem; the land has always been agricultural land and should remain so; the size of the proposal is out of keeping with the area, a blot on the landscape; loss of privacy due to the balcony; a septic tank should not be installed in an area served by sewer pipes, particularly due to the high water table; and the drainage in the area is already a problem, this proposal will exacerbate the problem.
The owner and/or occupant of 35 Carrick Park, Sulby, objects to the planning application, which can be summarised as; drainage issues relating to the high water table in the area and proposal would add to the problem; the land has always been agricultural land and should remain so; the size of the proposal is out of keeping with the area, a blot on the landscape; loss of privacy due to the balcony; a septic tank should not be installed in an area served by sewer pipes, particularly due to the high water table; and the drainage in the area is already a problem, this proposal will exacerbate the problem.
The owner and/or occupant of 37 Carrick Park, Sulby, objects to the planning application, which can be summarised as; drainage issues relating to the high water table in the area and proposal would add to the problem; the land has always been agricultural land and should remain so; the size of the proposal is out of keeping with the area, a blot on the landscape; loss of privacy due to the balcony; a septic tank should not be installed in an area served by sewer pipes, particularly due to the high water table; and the drainage in the area is already a problem, this proposal will exacerbate the problem.
The owner/occupier of Strooanane, Ballamanaugh Close, Sulby, has objected to the application which can be summarised as; previous application sets a precedent; dwelling is a "mansion" and is therefore not in sympathy with the area; loss of light; soakaways/drains are inadequate and will result in flooding of the surrounding properties; septic tank sewerage will give raise to a serious risk for contaminating the streams; the land has been contaminated; additional traffic will cause disturbance; impact upon the natural beauty of the area; loss of barns will result in harm to birds and owls; loss of wild fauna and orchids; and the proposal will impact upon the High Landscape Value and Scenic Significance.
The owners and/or occupants of, Allandale Farm, Ballamanaugh Road, Sulby, objects to the planning application, which can be summarised as; size of their dwelling; where will the excess water be drained too, leading to flooding of neighbouring properties, proposal would overlook our property
The proposal is a unique application, as the previous Approval in Principle gave permission for a new dwelling located within "Open Space", which is against generally Planning Policy. The only exceptions for new dwellings in open space generally are replacement dwellings, which allow the replacement to be no more than 50% of the existing footprint or dwellings for agricultural workers who have justified and proven the need. However, the principle for development has been approved on this site, and therefore this proposal will be judged on the Reserved Matters of the application only.
The Material Planning Matters which are needed to be considered are:
Whilst the site is within an area of land zoned as open space, the site is situated within the vicinity of Sulby Village, especially to the housing estates to the north of the site. The dwellings are made up by a variety of different types and designs; these include single bungalows within Ballamanaugh Close and Carrick Park, made up by single storey bungalows, dormer bungalows, and two storey dwellings.
The dwelling is essentially a dormer bungalow; however, it would have two storey projecting gable elevations. The proposed dwelling is a substantial dwelling, which incorporates 7 bedrooms. Of these bedrooms, two are located at ground floor level, one of which is for Daughter of the applicant who requires assistance and the other is for the carer's bedroom. The rest of the large family will be accommodated in the remaining bedrooms.
The siting of the dwelling in this position was due to the condition attached to the previous application which stated: "This permission is for residential use of land extending to no more than 60% of the depth of the land shown on the submitted plan".
The dwelling is of a substantial size; however, the proposal fits well within the site and would not represent an overdevelopment of this particular site, due to the size of the site. Additionally, the dwellings' footprint is not substantially larger than a number of properties within the surrounding locality, albeit some are single storey bungalows, so they would be smaller in height; however, as indicated previously, there are fairly large two storey dwellings within Carrick Park, which have significant less land associated with them. The proposal, due to its dormer bungalow design, does help in reducing the massing and appearance of the dwelling, and overall, it is considered the proposal would be acceptable from this aspect.
The boundary treatment which runs along the north-eastern boundary of the application site and is shared by the neighbouring dwellings Strooanane, Nonnezoshe, and Argyll, which comprises of a number of mature trees. Additionally, there are hedgerow/bushes which vary in height from 1 metre in height to 2.5 metres in height.
The proposed dwellings' north-eastern elevation would be located approximately 19.4 metres from the rear elevations of the two closest neighbours Nonnezoshe and Strooanane. Additionally, the proposed dwelling is located to the southwest of the neighbouring properties; therefore, the orientations of the properties will not result in a significant amount of direct sunlight to the neighbouring properties being blocked by the proposal.
The height and design of the proposal and distance between the proposal and neighbouring dwellings will also reduce the impact upon the neighbouring properties, and therefore it is not considered the proposal would have an overbearing impact upon the adjacent properties.
Regarding to the possibility of overlooking resulting in a loss of privacy, the first floor windows within the north-eastern elevation are proposed to be obscure glazed, to prevent overlooking. The ground floor windows are not required to be obscure glazed, due to the existing boundary treatment of the site which provides adequate natural screening to prevent overlooking resulting in a loss of privacy of the neighbouring properties of Ballamanaugh Close. The neighbouring property Allandale Farm is approximately 48 metres southeast of the proposed dwelling and it is considered due to this distance the proposal would not have any adverse impact through overlooking resulting in a loss of privacy.
Objectors, have commented on the loss of privacy due to the rear balcony, however the balcony is approximately 42 metres away from "Argyll", 44 metres away from "Nonnezoshe" and 52 metres from 36 Carrick Park. It is therefore considered due to the distance and boundary treatment, the proposed balcony would not result in overlooking of the neighbouring properties.
As part of the previous approval conditions where attached which required 2 metres by 18 metres visibility splays, on-site parking provisions and a turning facility to allow vehicles to enter and leave the site in a forward gear. The proposed application would provide and therefore comply with these conditions. It is therefore considered that the proposal is acceptable from this aspect and it is also considered a single dwelling would not result in a significant amount of traffic to the area to cause a disturbance to the neighbouring residential properties.
The Drainage Division has not commented on the application; however the issue of drainage would be controlled by the Building Control and their regulations. The previous Planning Inspector commented on concern of flooding within his report which stated; "I have noted that concerns relating to flooding in the area. The Drainage Authority have not objected to the development, even though they appear to be aware of the problems in the area. In my view these matters are amenable to controls other than planning, and no objections arises for this development". It is therefore considered that the appropriate drainage details will be required to comply with the relevant Building Regulations.
Overall, it is considered the proposed dwelling is of an acceptable size for the size of the site, whilst not having significant impacts upon the residential amenity of the neighbouring properties or upon the visual amenities of the surrounding locality. For these reasons the proposals would be appropriate in these locations and therefore it is recommended the application for an approval.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Lezayre Parish Commissioners Highways Division Nonnezoshe, Ballamanaugh Close, Sulby Strooanane, Ballamanaugh Close, Sulby 36 Carrick Park, Sulby Allandale Farm, Ballamanaugh Road, Sulby It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The Manx Electricity Authority
The Chief Fire Officer The IOM Water Authority
27 Carrick Park, Sulby 28 Carrick Park, Sulby 35 Carrick Park, Sulby 37 Carrick Park, Sulby
Recommended Decision: Permitted
Date of Recommendation: 28.05.2008
N : Notes attached to conditions R : Reasons for refusal
C 2. This approval relates to the proposed dwelling and access as proposed in the submitted documents and drawings 08 / 11 / 01 and 08 / 11 / 02 REV A received on 18th February 2008 and 21st April 2008.
C 3. The roof(s) must be finished in dark natural slate. C 4. Prior to the commencement of any works, there must be submitted to and approved by the Planning Authority, samples of the external brick soldier finish course of the dwelling.
C 5. A visibility splay of 2 metres by 18 metres shall be provided for the access to the site. C 6. Off street parking must be provided in accordance with Manx Roads 1. C 7. Access arrangements should incorporate a turning facility so a vehicle can turn around and emerge in forward gear.
C 8. Prior to the occupation of the dwelling, the access onto Ballamanagh Road is to be completed to the required standard of the Department of Transport Highway Division and the hardstanding to the front of the dwelling is to be completed to allow the required parking provisions to be used.
This permission may be taken up, and the dwelling may be first occupied, only by the applicants and their dependants.
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, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval), within the area the referred as "proposed paddock" on drawing 08/11/02 REV A.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : Signed : Mrs F Mullen Senior Planning Officer
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