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Application No.: 08/00908/B Applicant: Hartford Homes Limited Proposal: Residential estate of five dwellings with access road, drainage and landscaping Site Address: - Vacant Land At - Bradda View - Ballakillowey - Colby - Isle Of Man ### Considerations Case Officer: Miss S E Corlett Photo Taken: - Site Visit: - Expected Decision Level: - Planning Committee ### Written Representations - 7 Ballakeyll Colby Isle Of Man IM9 4AY - Objects to the proposal - Loss of privacy - The Cedars 17 Odin's Way Ballakillowey Colby - Interest expressed - 9 Bradda View Ballakillowey Colby Isle Of Man - Interest expressed - Thalassa Christeen's Way Ballakillowey Colby - Objects to the proposal - 11 Bradda View Ballakillowey Colby Isle Of Man - Interest expressed - Seacliffe Old Castletown Road Ballaveare Braddan - Interest expressed - The Rustlings 8 Ballakeyll Colby Isle Of Man - Objects to the proposal - Loss of privacy - Loss of light - Greenacres Ballagawne Road Colby Isle Of Man - Interest expressed ### Consultations Consultee: Chief Environmental Health Officer Notes:** - See below Consultee : Chief Fire Officer Notes : Comments received Consultee : IOM Water Authority Notes: For connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning and Projects Section, tel. 695958. Consultee : Manx Electricity Authority Notes: There are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department, Manx Electricity Authority, [Tel. 687687] to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site. Consultee : Drainage Division Notes: No objection subject to conditions Consultee : Highways Division Notes: Do not oppose Note: Adopt to the boundary of driveway No 4 Consultee : Rushen Commissioners Notes: Comments received.
The site represents an undeveloped parcel of land which lies generally between Ballakeyll, Christiansen's Way, Bradda View within Ballakillowey. More specifically, the site has around it Greenacres - a large detached property which sits to the south and has access from the A7 Main Road; numbers 7 and 8, Ballakeyll to the south west which also have an access onto the A7 Main road; 17, Odin's Way to the east; Thalassa on Christeen's Way to the north east; Longridge to the north which gains its access from The Chase and numbers 7, 9 and 11, Bradda View lie to the west.
The site slopes downward from north west to south east by around 10 m over 150 m . There is an electricity underground cable which runs across the site from around 9, Bradda View to the Manx Electricity Authority substation alongside 17, Odin's Way.
The site is generally open with a variety of trees around the perimeter except alongside Ballakeyll where the boundary is a domestic hedge.
The site is surrounded by residential development of various densities. Ballakeyll, to the south is a relatively dense development of bungalows in much smaller plots than the other residential development in the vicinity. Bradda View comprises all detached properties, mainly with hipped roofs with much smaller front than rear gardens. Longridge is a large property, mostly single storey but
with some accommodation at roof level with gable ended roof and relatively spacious gardens on all sides. Thalassa, similarly has a large garden, mostly to the south of the building
The site is identified on the Arbory and East Rushen Local Plan as Res with the number 5 within it. This refers to a development brief contained within the written statement which comes under Chapter 15 - Ballakillowey and where the Statement includes the following references: "In addition, some development directly north of Ballagawne is considered acceptable and would represent the rounding off of an existing development" (paragraph 15.6) "RESIDENTIAL DEVELOPMENT SHALL BE PERMITTED FOR THE AREAS DESIGNATED ON MAP 3 AND IN ACCORDANCE WITH THE FOLLOWING DEVELOPMENT BRIEFS - Development Brief 5 - Vacant Land with Ballakillowey Estate a) The density and style of development shall be in keeping with existing residential development adjoining the site" (paragraph 15.9).
The Written Statement also includes an Appendix which gives an indication of the potential or likely yield of new dwellings from the plan and suggests that the Ballakillowey site would give rise to an estimated 5 dwellings. Some site yields were given in precise numbers and others only estimated numbers: the application site falls into the latter category.
The Isle of Man Planning Scheme (Arbory and East Rushen Local Plan) Order 1999 takes the form of the map or plan. The Written Statement was not adopted by Tynwald and represents a Planning Circular which provides supporting guidance to the Plan as adopted by the Department.
The following applications have been considered in respect of this site: PA 04/2344 - approval in principle for residential development - permitted (see Appendix One) PA 05/1713 - residential development comprising 16 detached dwellings, estate layout ad drainage application withdrawn PA 05/92421 - residential development comprising 12 detached dwellings estate layout and drainage - refused on appeal (see Appendix Two).
PA 07/0640 - retention of field access from Bradda View - withdrawn
Proposed is the development of five dwellings with associated roads, drainage and landscaping. Access to the development would be from Bradda View in the form of a 5.5 m wide tarmacadam estate road with footways on each side except outside number 3 and 5 . Tegula block setts and kerbs will defined the drive and entrance thresholds.
The electricity cable would be re-routed to the substation so as to avoid any of the building works on plot 3. The watercourse is to be culverted across the entrance to the development for a length of 20 m or so.
The proposal involves the introduction of a new foul sewer, joining into the existing system in Bradda View together with a number of soakaways within the site to dispose of rainwater from the site collected from the gulleys in the road and from the guttering and downpipes on the dwellings. Three of the dwellings (numbers 3,4 and 5 ) would be connected to private pumping stations within their curtilages to transport effluent from the properties to the sewer.
There is a number of trees to be removed as part of the proposal. These include a Scots pine alongside 9, Bradda View; this tree is described as partially failed and entwined in an adjacent oak, two smaller willows and three silver birches alongside the western gable of the house on plot one these are all multi-stemmed trees which presently are described as requiring no work but are within the footprint of the dwelling on plot one. There is a diseased plum tree and a number of self-seeded
suckers to be removed, to the rear of the house on plot one and well away from the dwelling itself. Also, at the rear of this plot there is a Goat Willow which has three stems and undergrowth. It is proposed to replace this with three ash trees and three rowans.
On plot 2 three conifers are to be introduced in front of the large Goat Willow, the spread of willows to the east are to be replaced by two new ash trees and three whitebeams and an asymmetrical oak is to be removed along with a Sitka spruce which has been topped which is inappropriate for this species and which lies alongside Thalassa. New trees are to be introduced at the rear and on both sides of the boundary with plot 3 in the form of three maritime pines and five silver birches towards the front of this boundary.
On plot 3, a small poorly formed ash is to be removed. On plot 5, two Grey Alder trees are to be removed: one of these is within the footprint of the proposed dwelling and both are in good condition but would benefit from the removal of sucker growth to promote the lifting of the height of the crown. The boundary with plot 3 is to have an avenue of ornamental pears and one Red Maple and the boundary with plot 4 there are to be maritime pines, ash and rowans.
On plot 4 there are to be no trees removed and maritime pines planted at the side of the house, alongside the entrance, and silver birches planted in the front lawn.
It should be noted that some of the annotation of the elevations of each house are incorrectly stated - on plot 1 the elevation annotated "right hand elevation" is actually the south western elevation which is to the left of the entrance - consequently the north eastern elevation, annotated "left hand elevation" is incorrect also. On plot 2 the left and right annotations are correct but on the drawings for plot 3 which are handed, the right hand elevation actually faces north west and is to the left of the front elevation and the left hand elevation faces south east and lies to the right. The elevations on plots 4 and 5 are correctly annotated in this respect.
The dwelling on plot 1 has its driveway immediately alongside the entrance to the site, on the left hand side and is to be built on a newly created plateau which is approximately 0.7 m below natural ground level. Its frontage, which faces southeast is characterised by two projecting gables and a main core with a higher, hipped roof set back. The garage gable, on the left projects further than the right hand gable which contains an external chimney breast. The ground floor of each gable is to be finished in natural Manx stone with facing timber cladding above and the central core finished in plain render. The roof is to be finished in artificial slate (Redland Cambrian - which is an accepted imitation slate). Windows are generally to be very large - the rear elevation is almost totally glazed, and the front elevation has a large central rooflight which extends into the front pitch. A solar panel is proposed on the garage roof pitch which faces south west.
This dwelling would be 8.5 m in height at its tallest point. The dwellings to the rear of this property Longridge and 9, The Chase are not immediately behind it and some 39 m and 52 m respectively from the proposed dwelling. The boundary with 9, Bradda View has a number of established trees within or close to it and an established Manx hedge and the stream running on the application side of the hedge.
The dwelling on plot 2 continues the theme of Manx stonework, timber cladding, render and imitation slate and a similar height to the house on plot 1 . This property would face south west towards the entrance to the estate. The finished floor level is 43.600 compared with the level of 45.77 at the rear corner of the site alongside Thalassa. The rear elevation which would be some 23 m from the closest point of Thalassa, has a set of patio doors leading onto a balcony, and three bedroom windows at first floor level. Between the proposed dwelling and Thalassa are a 2 m high Manx hedge, hawthorn and escallonia and two beech trees and proposed are four whitebeam. A solar panel is shown on the roof of the right hand (southern) elevation
The dwelling on plot 3 faces south west and backs onto the lower garden of Thalassa and onto the side of 17, Odin's Way, although this property does not lie directly in the line of sight from the rear windows. The dwelling is largely the same as that proposed on plot 2 although handed. There is a solar panel shown on the "right hand elevation": however, this faces north and it may be that the solar panel would be more effective on the south eastern elevation.
The dwelling on plot 5, at the southern end of the site would be the widest of those proposed and faces just to the west of north with the rear elevation looking over and towards the rear gardens of 7 and 8, Ballakeyll. There are to be new ash and Silver Birch trees introduced to the rear of 7, Ballakeyll. The level of this property is to be built up by 1.5 m with retaining walling immediately behind the dwelling to support the newly raised level. As with the other properties, the rear elevation has large areas of glazing including at first floor level which serve bedrooms and a balcony. A solar panel is shown as being installed on the rear elevation.
The property on plot 4 is the first on the right as one enters the estate. This is the same as the house on plot 1, opposite, with a projecting garage on the right. The windows looking towards 11, Bradda View at first floor level serve a bedroom and two en-suite facilities. there are two trees on the boundary with number 11 - an ash and a sycamore and the existing Manx hedge with the stream running along the application side of the hedge. A solar panel is shown on the rear elevation.
Following discussion and a site visit, the applicant has submitted amended proposals for the dwelling proposed on plot 5, re-positioning the dwelling, retention of both grey alder trees within the site, the introduction of a small copse of birch trees between the proposed dwelling and 7, Ballakeyll. The proposed dwelling would now be narrower than the dwelling originally proposed and over 3 m further back on the site away from Ballakeyll. The proposed dwelling would also be 400 mm lower than the dwelling previously proposed.
The Isle of Man Fire and Rescue Service recommends discussion regarding the provision of fire fighting resources. In the absence of a suggestion that such resources cannot be provided, this is not a planning matter and should not be referred to in the planning decision notice. The Isle of Man Fire and Rescue Service should contact the applicant directly in this respect.
Isle of Man Water Authority recommends contact regarding the provision of water supplies. This is not a matter for planning and should not be referred to in the planning decision notice. Isle of Man Water Authority should contact the applicant directly in this respect.
The Manx Electricity Authority recommends a note regarding existing electricity supplies in the area of the application. This is a matter for the applicant, who should be consulted directly and the position of the supplies indicated. This is not a matter for the planning decision notice.
The occupants of 7, Ballakeyll do not object to the number of dwellings being proposed but are concerned that the dwelling closest to their property, number 5 will be high and large and the number of windows in the property which could overlook their property. They also comment on the loss of two trees and query whether the style of development is in keeping with existing adjoining development as was commented on by the Inspector who chaired the Arbory and East Rushen Local Plan inquiry. Some of these concerns are not alleviated by the submission of the amended scheme for plot 5 and express concern at the proposed pumping station and whether it will create a noise nuisance.
Rushen Parish Commissioners appear not to be raising any objection to the application but note that the application includes reference to energy saving devices but includes no information in the drawings, that the Commissioners require to be consulted regarding street lighting and suggest that during development, all construction vehicles should be contained on site and not parked on Bradda View.
Department of Transport Highways and Traffic Division do not oppose the application providing that the proposed roadway will be adopted up to the boundary of driveway number 4.
The owner and occupant of 9, Bradda View registers an interest in the application and suggests that there is a problem with rodents in and around the watercourse and that his garden floods in the winter in the area of the hedge and would prefer that the watercourse is culverted, particularly as the hedge is unstable. This resident adds in a later letter that the watercourse probably provides water to the existing willow trees and that culverting, whilst resolving the rodent problem, may create other problems and perhaps may require re-consideration.
The occupant of Thalassa expresses concern at the dwellings on plots two and three which may overlook her property and suggests that consideration should be given to the retention of the oak and beech trees on site and to the protection of the existing ancient hedge between Thalassa and the development site.
Department of Transport Drainage Division raise no objection subject to the imposition of conditions concerning the drainage of the site. Some of the notes recommended are not relevant to the planning decision, as they merely inform the applicant of which elements of the scheme will be adopted and also the provisions of the Sewerage Act which are not relevant to the decision or notice and should be communicated separately to the applicant by the Department of Transport. There is no intention to discharge surface water to the main sewer and as such a condition to this effect is not necessary.
The occupants of 11 Bradda View do not object to the application but express concern about being inconvenienced during the construction process.
The occupants of 17 Odin's Way raise no objection provided that the trees marked as existing and being retained are not damaged or removed - in particular trees reference T38, T39, G40, T42, T43, T44, T45, G46, T49 and T50.
A resident of Port Soderick notes that the proposal now appears to comply with the planning brief in the local plan although it does not make the most efficient use of the land.
Department of Local Government and the Environment Environmental Protection Unit recommend that any overflow from the proposed pumping stations will require permission from the Department of Transport under the Sewerage Act. This should form the subject of communication between the Environmental Protection Unit and the applicant and should not be referred to in the planning decision notice.
The owner of Greenacres expresses concern that an existing drainage ditch has been omitted from the plans, seeks clarification that the ha-ha will not be adversely affected by landscaping and planting around the site and the impact of planting on and around the ditch.
The applicant responds to this by e-mail dated 17th November, 2008, clarifying that the hedge concerned will not be affected by the proposed development, there are no current plans to lop any overhanging trees and the architect is not aware of any ditch which has not been plotted on the plans. There are proposals to culvert part of the stream to provide the entrance to the site as shown on the drawings. He suggests that the landscaping proposals have been prepared by an experienced professional landscape architect and as such, the type of planting adjacent to the stream is considered appropriate.
The owner of 8 Ballakeyll comment on a plastic gas main which runs alongside the stream 2 m from the western boundary of plot 5 and express concern at the overpowering and overlooking impact of the property on their dwelling.
The applicant responds to this by way of e-mail dated 17th November, 2008 by clarifying that the proposed works will not affect the gas main, of which they are aware and that a wayleave will need to be agreed between the applicant and the gas company.
The development must be judged against the policies and guidance contained within the Arbory and East Rushen Local Plan and in addition, the advice given in the Strategic Plan in General Policy 2 which states: "Development which is in accordance with the land use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: a) is in accordance with the design brief in the Area Plan where there is such a brief; b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them; c) does not affect adversely the character of the surrounding landscape or townscape; d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; e) does not affect adversely public views of the sea; f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; g) does not affect adversely the amenity of local residents or the character of the locality; h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; i) does not have an adverse effect on road safety or traffic flows on the local highways; j) can be provided with all necessary services; k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; I) is not on contaminated land or subject to unreasonable risk of erosion or flooding; m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and n) is designed having due regard to best practice in reducing energy consumption."
There are no specific guidelines given in the Arbory and East Rushen Local Plan other than that the style and density of development must be in keeping with existing development around the site. The density of development round about in terms of numbers of dwelling per acre is varied but it is clear from the previous decision that the reference in the local plan to the estimate of 5 dwellings for the site should be adhered to and that development should be spacious.
The proposal accords in density with the local plan and in terms of individual plot density, the properties proposed range between approximately in the case of plot 1 to in the case of the smallest plot, plot 2: the surrounding properties range from very low density ( ) in the case of Thalassa and Longridge, around 10\%, 12\% for 17, Odin's Way, 9, The Chase at and in the case of 7, Ballakeyll. The Bradda View properties, which are perhaps the most relevant as these are the properties which are passed before one reaches the site, are in the region of (number 11) and (number 9). The properties clearly vary in density, height and style and there is no dominant style from which the application development should take its lead. The properties have hipped roofs, following the properties in Bradda View and the ambience of the estate is open plan with rounded soft road edges similar to Bradda View. The house designs are more modern than those in Bradda View but as a self contained group of dwellings should not have to replicate exactly the design of the properties to the west. The existing vegetation along the western boundary will create a sense of segregation which would warrant a slightly different design approach within the development site.
As such, it is considered that the development complies with sub-paragraphs a, b and c of General Policy 2. There is no indication that there are species of interest or value on the site and the existing watercourse is to be retained other than for a small section of culverting at the entrance. The development involves the retention of the majority of the trees on site and all but a small number of those which are to be lost are being removed in the interests of good tree management rather than in order to make way for the buildings. As such it is considered that the proposal accords with paragraphs d and f. If the proposal were to involve a greater extent of culverting as is suggested (but later retracted) by one of the neighbours this would have adversely affected the wildlife interest in the site.
The site is generally screened from the surrounding area and does not afford a public view of the sea and as such the proposal is not in contravention of paragraph e.
The dwellings, as has been stated previously, are not identical to those adjoining the site, but complement some of the adjacent development by incorporated certain design characteristics, such as hipped roofs, open plan layout with landscaping features, broken roof lines and annexes, like a number of properties in the vicinity and as such is considered to be sympathetic to the character of the area. The development proposes dwellings which are alongside 9 and 11, Bradda View where there are established trees separating the properties and in any case, distances of in excess of 20 m between existing and proposed buildings. The properties on plots 1 and 2 are over 38 m from the closest part of Longridge and do not contain windows which look directly at this property. The rear and side elevations of Thalassa are not parallel with the rear of the dwelling on plot 2 and there are significant bushes and trees between the two buildings which will avert any overlooking of either property. The ground level at the corner of plot 2 with the rear of the rear garden of Thalassa is 2 m higher than the finished floor level of the dwelling on plot 2.
There is a large gap proposed between the houses on plots 3 and 5 . This would be adjacent to the side of 17, Odin's Way so there would be no overlooking of this property from the proposed development. 17, Odin's Way has been the subject of an application to build a first floor on the western side of the property with windows in the side elevation which will look towards the development site. In discussions regarding this proposal, PA 07/1532 the applicant was made aware of the adjacent development site and suggested that the existing vegetation would prevent overlooking between properties.
The dwelling on plot 5 would look in the direction of the rear gardens of 7 and 8, Ballakeyll with significant areas of glazing on the rear elevation. This property would be higher than the properties on Ballakeyll. However, the land is designated for development and the amended scheme has taken account of this by the introduction of new earth mounding and tree planting and the modifications to the dwelling itself. Within a built-up area such as this, there will inevitably be some impact on existing dwellings from new development. In this case it is considered that this impact is not sufficient to warrant refusal of the application.
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 occupants of Thalassa, Greenacres, 9 and 11 Bradda View, 7 and 9, Ballakeyll and 17, Odin's Way are all immediately alongside the site and as such should be afforded party status in this instance.
The resident of Port Soderick is not directly affected by the proposal and as such should not be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 18.11.2008
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 development of five dwellings and associated roads, services and landscaping all as shown in drawings K143/P/10-01, -10, -20, -30, -40, -101, 02, 04, P01A, and the tree survey all received on 1st May, 2008, together with drawings K143/P/10-02A, -50A, -200A, P01D, 03B and 06 all received on 13th October, 2008.
C 3. Prior to the commencement of any works on site, those trees shown on the approved plans as being retained must be adequately protected by the erection of fencing against damage during excavation and construction works. Such works must be undertaken in accordance with BS 5837:2005 - Trees in relation to construction and such fencing retained for the duration of the construction works.
C 4. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, 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.
Decision Made :
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