**Document:** Officer Report
**Application:** 17/00947/B — Demolition of existing building and erection of a 72 bedroom residential care home with associated car parking, access, landscaping and highway alterations
**Decision:** Refused
**Decision Date:** 2017-11-20
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/22312-rushen-spaldrick-house-bradda-road-demolition-parking-alteration/documents/1021877

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# Officer Report

**Application No.:** 17/00947/B
**Applicant:** Spaldrick Care Ltd
**Proposal:** Demolition of existing building and erection of a 72 bedroom residential care home with associated car parking, access, landscaping and highway alterations
**Site Address:** Spaldrick House Bradda Road Port Erin Isle of Man IM9 6PQ Case Officer : Mr Edmond Riley
**Photo Taken:** 22.09.2017
**Site Visit:** 22.09.2017
**Expected Decision Level:** Planning Committee
**Recommended Decision:** Permitted
**Date of Recommendation:** 06.11.2017

Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

- C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- C 2. Prior to the occupation of the development hereby approved, the site access shall be constructed and sightlines of 2.4m x 47.4m to the north looking up Bradda Road and 2.4m x 36.2m to the south looking down Bradda Road shall be provided and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
- C 3. Prior to the occupation of the development hereby approved, the site access shall be constructed and sightlines of 2.4m x 47.4m to the north looking up Bradda Road and 2.4m x 36.2m to the south looking down Bradda Road shall be provided and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
- C 4. The drop-off / pick-up zone as shown on the Proposed Site Plan (Drawing P-02, date-stamped as having been received 12th October 2017 shall be for the sole purpose of emergency appliances associated with the residents and shall not at any time be used for any staff / visitor parking. Reason: In the interests of highway safety.

- C 5. The turning area as shown on the Proposed Site Plan (Drawing P-02, date-stamped as having been received 12th October 2017 shall remain free of any obstruction. It will not be used for parking of any vehicle unless otherwise approved in writing by the dept. Reason: In the interests of highway safety.
- C 6. No development shall commence until such time as the public highway within the application site has been extinguished and all associated works to reinstating highway kerbs, surfacing, drainage and street lighting as necessary shall be completed to the satisfaction of the Department. Reason: In the interests of highway safety.
- C 7. Prior to the occupation of the building hereby approved, a lighting scheme shall be submitted to and approved in writing by the Department. Such a scheme shall include but not be limited to the position and strength / intensity of the light units, including any hooding as necessary. The development shall be carried out in accordance with the approved details.

Reason: In the interest of security for the care home residents and protecting public and environmental amenity.

- C 8. Prior to the occupation of the development hereby approved, details of the design and appearance of the bin store shall be submitted to and approved in writing by the Department. The bin store shall be constructed in line with the approved details. Reason: In the interest of protecting the character and appearance of the development.
- C 9. The railings shown on the approved drawings shall, within one month of the occupation of the development hereby approved, be painted black unless otherwise agreed in advance and in writing, and retained as such thereafter. Reason: In the interest of protecting the character and appearance of the development.
- C 10. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), other than those specifically approved by this application no fences, gates, walls or other means of enclosure shall be erected or placed within the application site without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
- C 11. The protection measures and construction methods detailed in the Tree Survey and Report prepared by Manx Root Tree Management (date-stamped as having been received 6th September 2017), or other such report that is submitted to and approved in writing by the Department, shall be adhered to in full, subject to the pre-arranged supervision detailed in the arboricultural method statement, by a suitably qualified and pre-appointed tree specialist. No tree shall be cut down, uprooted, or wilfully destroyed during the development phase and thereafter within 5 years from the completion date, except as shown in drawing TR-30817.

Reason: To ensure that the development does not adversely affect existing trees on site which are shown to be retained and which contribute positively to the site.

- C 12. Prior to the commencement of development, a schedule of arboricultural supervision shall be submitted to and approved in writing by the Department. This condition may only be fully discharged on completion of the development subject to satisfactory written evidence of contemporaneous supervision and monitoring of the tree protection throughout construction by a

suitably qualified and pre-appointed tree specialist. The development shall be undertaken in line with the approved details.

Reason: To ensure that the development does not adversely affect existing trees on site which are shown to be retained and which contribute positively to the site.

- C 13. No site clearance, preparatory work or development shall take place until a tree planting specification is submitted to and agreed in writing by the Department. Where applicable the tree planting specification shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include details of all trees to be planted, including a) their quantity, location (or density), species and size at date of planting; b) the approximate date when they are to be planted; and c) how they will be maintained until successfully established. The tree planting shall take place as agreed and any trees or plants (including those retained as part of the development) which within a period of 5 years from the completion of the development die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: To ensure that the development does not adversely affect existing trees on site which are shown to be retained and which contribute positively to the site.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

- o Manx Utilities (Drainage Division).

It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

- o The owners / occupiers of 1 Bradda Court, Port Erin (the associated communal gardens of which are adjacent the application site);
- o The owners / occupiers of 2 Bradda Court, Port Erin (the associated communal gardens of which are adjacent the application site);
- o The owners / occupiers of 5 Bradda Court, Port Erin (the associated communal gardens of which are adjacent the application site);
- o The owners / occupiers of 8 Bradda Court, Port Erin (the associated communal gardens of which are adjacent the application site);
- o The owners / occupiers of 10 Bradda Court, Port Erin (the associated communal gardens of which are adjacent the application site);
- o The owners / occupiers of 11 Bradda Court, Port Erin (the associated communal gardens of which are adjacent the application site);
- o The owners / occupiers of 12 Bradda Court, Port Erin (the associated communal gardens of which are adjacent the application site);
- o The owners / occupiers of 2 Bradda Glen Close, Port Erin (which is opposite the application site);
- o The owners / occupiers of 3 Bradda Glen Close, Port Erin (which is opposite the application site);
- o The owners / occupiers of 5 Bradda Glen Close, Port Erin (which is opposite the application site);
- o The owners / occupiers of 6 Bradda Glen Close, Port Erin (which is opposite the application site);

- o The owners / occupiers of 7 Bradda Glen Close, Port Erin (which is opposite the application site);
- o The owners / occupiers of 'Spaldrick Cottage', Bradda Glen Close, Port Erin (which is
- opposite the application site);
- o The owners / occupiers of 'Meadow Cott', Meadowfield, Port Erin (which is adjacent the highway access to the application site), and
- o The owners / occupiers of 37 Victoria Street, Douglas (who wrote on behalf of the Bradda Court Management Company, the associated communal gardens of which are adjacent the application site).

It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

- o The owners / occupiers of 'Glenville', 2 Meadowfield, Port Erin (which is not adjacent or
- opposite the application site);
- o The owners / occupiers of 3 Meadowfield, Port Erin (which is not adjacent or opposite the application site);
- o The owners / occupiers of 4 Meadowfield, Port Erin (which is not adjacent or opposite the application site);
- o The owners / occupiers of 6 Meadowfield, Port Erin (which is not adjacent or opposite the application site);
- o The owners / occupiers of 7 Meadowfield Road, Bradda, Port Erin (which is not adjacent or
- opposite the application site);
- o The owners / occupiers of 'Charnwood House', Bradda West Lane, Port Erin (which is separated from the application site by Bradda West Road and the Bradda Court Apartments);
- o The owners / occupiers of 'Creg ny Shee', Bradda West Road, Port Erin (which is separated from the application site by the Bradda Court Apartments);
- o The owners / occupiers of 'Croit Ny Marrey', Shore Road, Port Erin (which is approximately 900m away from the application site);
- o The owners / occupiers of 'Dell Cottage', Bradda Road, Port Erin (which is separated from the application site by the Spaldrick Cottage);
- o The owners / occupiers of 'Dorincourt', Bradda West Lane, Port Erin (which is separated from the application site by Bradda West Road and the Bradda Court Apartments);
- o The owners / occupiers of 'Hillcrest', Bradda Road West, Port Erin (which is separated from the application site by the Bradda Court Apartments);
- o The owners / occupiers of 'Kerick', Meadowfield, Port Erin (which is not adjacent or opposite the application site);
- o The owners / occupiers of 'Muirfield', Bradda West Road, Port Erin (which is separated from the application site by the Bradda Court Apartments);
- o The owners / occupiers of 'Reayrt Ny Marrey', Bradda Road, Port Erin (which is approximately 215m away from the application site);
- o The owners / occupiers of 'Tinsleys', Spaldrick, Port Erin (which is approximately 250m away from the application site), and
- o The owners / occupiers of 'Lorne House Lodge', Douglas Street, Castletown (which is in a different settlement, irrespective of the owners' previous home being in Port Erin).

### Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE FOR DETERMINATION OWING TO THE NUMBER OF LETTERS OF OBJECTION THAT HAVE BEEN RECEIVED, WHILE THE APPLICATION IS RECOMMENDED FOR APPROVAL.

## - 1.0 THE APPLICATION SITE

1.1 The application site is an irregularly shaped parcel of land in Port Erin that includes Spaldrick House, which is a not particularly attractive building comprising a traditionally styled main core that has been added to by historic and architecturally inappropriate extensions, along with a pair of public highways: one a footpath, the other Bradda Road. - 1.2 Other than Spaldrick House, the site has some low-level vegetation on its southern boundaries and also slopes quite steeply in various directions, but generally slopes to the south in the direction of the sea. The public footpath performs something of a dog-leg through the site, attached as it is to Bradda Road at the very northern corner of the site and also at its central, southern boundary onto Bradda Glen Close. - 1.3 Bradda Glen Close is a cul-de-sac of seven detached properties - mainly bungalows - and a small traditional Manx cottage ("The Small Cottage" on the plans and "Spaldrick Cottage" on site) at the junction with Bradda Road. The rest of the dwellings in Bradda Glen Close are modern, with a two-storey house at the northwestern extreme (no.1) and a two-storey dwelling with timber detailing on the projecting gable (no.7) next to the Spaldrick Cottage. - 1.4 To the north of the site is Bradda Court, a complex of two-storey dwellings arranged in an Lshape with single storey flat roofed garaging to the front. One of the rows of garages is separated from the application site by a row of conifers. - 1.5 To the northeast lies Meadowfield, a short and straight cul-de-sac comprised of Victorian detached and semi-detached dwellings. The dwellings lie only to the north of the highway, while to the south is an open field.

2.0 DESCRIPTION OF THE APPLICATION - 2.1 Full planning approval is sought for the erection of a 72-bed nursing home facility on the site. This would be in place of Spaldrick House. The architect notes that the proposed building would be 210mm lower than Spaldrick House. - 2.2 The design of the building, which would have three storeys and would run roughly centrally within the site, is designed to take the form of three individual villas linked by infill sections of a contrasting finish. To this end, hipped roofs along with bay features and traditional finishes / details are proposed to the larger, villa-style elements of the building in the former of render, slate-style roofing tiles, quoin details and overhanging eaves. The infill sections would be finished with a composite cladding material, with the roof finished to give the appearance of being rolled lead. - 2.3 Additional planting is proposed to the site boundaries, while a number of individual trees and areas of trees (some of which are dead) are proposed for removal. The application is accompanied by a tree survey. - 2.4 24 car parking and drop-off spaces would be provided: the entrance to the site would be in a similar position to the northern public footpath access, and the car parking spaces would be arranged around the associated access route, to the north of the building. Consideration has been given to the creation of paths through the site for residents, as well as for bin storage. Also proposed is a pedestrian access set within the stone wall running along Bradda Road's western side. - 2.5 The footpath itself would be extinguished. - 2.6 The application includes a Design Statement that sets out much of the above, noting the clients' brief with regards development of this kind (they are experienced developers of this kind of scheme). It notes that a Transport Statement will be provided during the application process, while also listing various strategies and legislation with which the application is believed to comply (specifically, the Fire Strategy; Simplified Building Energy Model; Optimising Isle of Man Resources, Experience and Capability; Waste Strategy; Disability Discrimination Act Strategy).

2.7 The application also includes a Site Drainage statement. The application site includes the highway as some works will need to be undertaken in order to address the site's drainage specifically, the creation of new manholes and the diversion of a public sewer. - 2.8 Submitted subsequent to the application's formal registration was a Transport Statement, along with an amended Proposed Site Plan and also an additional CGI image. These were circulated for information and seeking further comment.

3.0 PLANNING HISTORY - 3.1 PA 14/00818/A related to a slightly smaller area (excluding the Bradda Road highway) and was approved. The application sought Approval in Principle for "redevelopment of site for residential purposes". All detailed matters were reserved, and the approval notice carried conditions specifying requirements in terms of the provision of safe access, adequate affordable housing and public open space. This application will remain extant until 1st September 2018, while there are no other applications considered to be materially relevant to the assessment of the current proposal. - 3.2 In view of the comments received in respect of the current application, it is worth noting parts of the case officer's assessment of the 2014 application:

"The existing building is not protected by Registered Building status or Conservation Area status and there is nothing in the submitted representations which suggests that the loss of the existing building is unacceptable. Its use as a hotel or guest accommodation is clearly limited and in terms of effective use of land in a sustainable location, within the village boundary, the site is not particularly well used. The redevelopment of the site would accord with the principles of Strategic Policy 1.

"The development must be capable of having an access which affords acceptable levels of visibility for those driving vehicles out of and into the site. In this respect the existing junction of the public highway within the site and Bradda Glen Close is unacceptable and its upper junction with Bradda Road. It would appear very likely that for these reasons the public highway could be capable of being extinguished in order to make a development acceptable and which would also have the potential to improve the existing visibility from the lower entrance and remove the upper access altogether."

4.0 PLANNING POLICY - 4.1 The site lies within a wider area of land zoned as Residential on the Area Plan for the South

2013. The proposed Port Erin Conservation Area does not include the site. There are no constraints shown on the Area Plan for the South, with the site lying within the village boundary. Spaldrick House is neither Registered nor on the list in the Area Plan of buildings worthy of such consideration.

4.2 As such, the development proposed complies with the site's zoning as 'Residential' on the Area Plan. - 4.3 The relevant policies for assessing this application against are within the Strategic Plan:

-  The Strategic Aim ("to plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting and improving the quality of the environment, giving particular regard to our uniquely Manx natural, wildlife, cultural and built heritage");
-  Strategic Policy 1;
-  Strategic Policy 2;
-  Strategic Policy 3;
-  Strategic Policy 5;
-  Strategic Policy 10;
-  Transport Policy 4;
-  Transport Policy 6;
-  General Policy 2;

-  Environment Policy 42;
-  Recreation Policy 3 ("Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design…");
-  Recreation Policy 4 ("Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport");
-  Recreation Policy 5 ((in part) "Existing public rights of way should be retained and any development which affects these will be permitted only if it provides diversions which are no less direct or attractive than existing routes"), and
-  Appendix 7, which sets out the requirements for car parking in association with new development and, for nursing homes, is stated as being "1 space per 3 residents in addition to spaces for staff and deliveries".

5.0 REPRESENTATIONS AND CONSULTATIONS - 5.1 Highway Services of the Department of Infrastructure initially deferred comment on the application, pending the submission of a Transport Statement (TS) that was to be provided during the application's consultation period. On receipt of that TS, they commented (in part) as follows on 23rd October 2017:

"A Transport Statement has been prepared in support of the application and considers the pedestrian, cycling and traffic movements associated with the proposed use. The statement also considers a new means of access into the site from Bradda Road, the provision of 24 parking spaces and service vehicle access arrangements.

"As part of the preliminary design, an automated traffic count was undertaken for 7 days during the month of September 2017; this provided data confirming the 85th % percentile speeds of vehicles travelling along Bradda Road.

"Based on the recently approved Manual for Manx Roads and the guidance in Manual for Streets guidance, the sightline requirements for the new access are 47.4m to the north looking up Bradda Road and 36.2m to the south looking down Bradda Road, this is based on the 85th percentile speeds gathered by the automated traffic count.

"The transport statement shows these sightlines can be achieved in both directions.

"A nationally accepted database has been used in order to forecast the number of vehicles this type of development is likely to generate. Referred to as TRICS (Trip Rate Information Computer System) this database predicts 10 two way trips during the morning peak hour (08:00 - 09:00hrs) and 16 two way trips during the evening peak hour (17:00 - 18:00hrs); over a 24 hour period, forecasts suggest 174 two way trips generated by the development.

"The traffic generations are considered realistic and not considered to be significant enough to warrant any reason for refusal on highway capacity grounds. This is particularly relevant given the fact that no consideration has been given to the "netting off" of any traffic associated with the 39 bed hotel which currently exists on the site. The fact that the hotel could start operating again is a material consideration whereby similar traffic movements to the proposed use could be generated.

"The parking standards as set out in the Strategic Plan 2016 suggest 1 space per 3 bedrooms. Given the number of beds proposed, 24 spaces is therefore considered adequate. It is also proposed to incorporate a drop off zone and turning area. This will cater for ambulances when dropping off / picking up residents.

"Bus stops are located on Bradda Road and within Port Erin to destination west towards Nobles Hospital, Castletown, Douglas and the Airport. "Having considered the transport statement, the proposals are considered acceptable from a highways aspect. "Should you be mindful to approve this application, please attach the following conditions:

- "1.Prior to development becoming operational, the access shall be constructed and sightlines of 2.4m x 47.4m to the north looking up Bradda Road and 2.4m x 36.2m to the south looking down Bradda Road shall be provided and remain free from obstruction throughout the life of the development. "Reason: In the interests of highway safety
- "2. The parking spaces as shown on the approved drawings shall remain free from any unauthorised obstructions throughout the life of the development. "Reason: In the interests of highway safety
- "3. The drop off / pick up zone shall be for the sole purposes of ambulances associated with the residents and not used for any staff / visitor parking. "Reason: In the interests of highway safety.
- "4. The turning area as shown on the approved plan shall remain free of any obstruction. It will not be used for parking of any vehicle unless otherwise approved in writing by the dept. "Reason: In the interests of highway safety
- "5. Prior to development becoming operational, the public highway to be extinguished shall be permanently closed off and all associated works to reinstating highway kerbs, surfacing, drainage and street lighting shall be completed to the satisfaction of the dept. "Reason: Inthe interests of highway safety
- "6. Prior to demolition / construction works starting on site, a traffic management plan shall be submitted showing measures by the contractor to avoid mud on the road, contractor vehicle parking and routes for constructionand delivery vehicles. "Reason: In the interests of highway safety"

5.2 The Arboricultural Officer was contacted for his views. Following discussion with the agent's arboricultural consultancy, he offered no objection to the application, stating that he considered the protection adequate with arboricultural supervision during construction. He also expressed the view that the additional tree planting would mitigate that lost, soften the appearance of the building in the landscape, and provide some privacy / screening for nearby neighbours. The limited information within the application, along with the strong, salt-laden winds, means that species selection and planting will need to be carefully considered. He also noted that the limited soil volume to the north of the building where trees are shown around parking spaces would be a further constraint. He recommended a pair of lengthy conditions in reflection of / to address the above. - 5.3 The agent contacted the Senior Biodiversity Officer, whose comments were forwarded to officers and form a formal representation to the application. He comments, in an email dated 17th October 2017, that he was aware of the application but did not feel the need to offer formal comments thereon. In summary, his views are:

-  The undeveloped grassland was categorised as 'improved' in the 1992 survey, while that to the rear was not surveyed, but they have a similar appearance on the aerial survey and it did not seem worthwhile taking the matter further;
-  If there are hollows or cracks on the trees, these should be checked for bats;
-  The building is not on the bat database;
-  The common pipistrelle forages in the broad area, but where they roost is not known;
-  There is not adequate suspicion, in his view, to raise an objection or request a bat or bird survey;
-  The applicant may wish to survey the building for greater assurance;
-  A survey is not requested by DEFA on every building, just those where there is a significant likelihood of housing a bat roost or Schedule 1 birds.

5.4 Manx Utilities' Drainage / Flood Risk team were contacted for their views. On 23rd October 2017 they offered no objection to the application. They commented as follows:

"…I can confirm that Manx Utilities have assessed the culvert under the roadway together and that it is capable of receiving flows from the upstream contributing catchment and surface water flows from the proposed development. The increase in surface water flows into the culvert is considered minimal and do not give MU any concern in flood risk in the area.

"The report of ponding / flooding outside properties near the culvert is thought to be attributed to the positioning of road gulleys which are not fully capturing overland flows from the highway in the general area. At the time of visit the gulleys were clear but did seem to be shallow and maybe in need of being replaced with a deeper sump to capture any debris, which would allow the outlet pipe to flow freely.

"Any surface water flows generated from the development will be diverted into the new surface water drainage serving the building and connected into a new surface water sewer which will be laid in the road from the site to directly into the culvert (thus not increasing any ponding / flooding around the road gulleys). The installation of the new surface water sewer and any other services in the road allows for an opportunity for any existing road gulleys in the area to be replaced, relocated and the area of roadway to be re-profiled to address the ponding. This item of work will be discussed with the developer, Manx Utilities and DoI Highway prior to any work commencing on site."

5.5 Port Erin Commissioners initially wrote on 12th September 2017, commenting that the application would be discussed by the Board on 10th October 2017: on 11th October 2017 they objected to the application as "the Board has concerns that the application would be an overdevelopment of the site". They also stated that "a development of this nature would be a welcome addition to not only Port Erin, but to the South of the Island, but that a smaller more sympathetic design for the site would be more acceptable". - 5.6.1 Comments have been received from the owners / occupiers of the following dwellings, and on the dates shown in brackets:

-  7 Bradda Glen Close, Port Erin (25th September 2017);
-  7 Meadowfield Road, Bradda, Port Erin (27th September 2017);
-  6 Bradda Glen Close, Port Erin (28th September 2017);
-  5 Bradda Court, Port Erin (29th September 2017);
-  'Muirfield', Bradda West Road, Port Erin (1st October 2017);
-  5 Bradda Glen Close, Port Erin (1st October 2017);
-  'Spaldrick Cottage', Bradda Glen Close, Port Erin (2nd October 2017);
-  'Dell Cottage', Bradda Road, Port Erin (3rd October 2017);
-  'Hillcrest', Bradda Road West, Port Erin (3rd October 2017);
-  'Kerick', Meadowfield, Port Erin (3rd October 2017);
-  1 Bradda Court, Port Erin (4th October 2017);
-  2 Bradda Court, Port Erin (4th October 2017);
-  2 Bradda Glen Close (4th October 2017);
-  5 Bradda Court, Port Erin (4th October 2017) (the comments received are identical to those received 29th September 2017, but are from a different occupier of the apartment);
-  10 Bradda Court, Port Erin (4th October 2017);
-  11 Bradda Court, Port Erin (4th October 2017);
-  12 Bradda Court, Port Erin (4th October 2017);
-  'Dorincourt', Bradda West Lane, Port Erin (4th October 2017);
-  'Reayrt Ny Marrey', Bradda Road, Port Erin (4th October 2017);
-  4 Meadowfield, Port Erin (5th October 2017);
-  3 Bradda Glen Close, Port Erin (5th October 2017);
-  6 Meadowfield, Port Erin (5th October 2017);
-  8 Bradda Court, Port Erin (5th October 2017);
-  'Charnwood House', Bradda West Lane, Port Erin (5th October 2017);
-  'Tinsleys', Spaldrick, Port Erin (5th October 2017);
-  3 Meadowfield, Port Erin (6th October 2017);

-  'Creg ny Shee', Bradda West Road, Port Erin (6th October 2017);
-  'Croit Ny Marrey', Shore Road, Port Erin (6th October 2017);
-  'Lorne House Lodge', Douglas Street, Castletown (6th October 2017);
-  37 Victoria Street, Douglas, speaking as "an official of the Bradda Court Management Company" (6th October 2017 - twice);
-  'Meadow Cott', Meadowfield, Port Erin (6th October 2017), and
-  ‘Glenville’, Meadowfield, Port Erin (10th October 2017).

- 5.6.2 The comments in objection to the application have been summarised below, an attempt being made to group the comments under general themes. Where concerns have been duplicated in the correspondence received, effort has been made to avoid duplicating summaries of those concerns in the groupings below. Parking / highway safety / public transport provision

-  Abbotswood House in Ballasalla, at 60 beds, has 90+ staff. Therefore I would expect the proposed care home, with 72 beds, to have 100 staff;
-  Only 24 car parking spaces are shown. Public transport links to Port Erin are poor and the walk from the centre is not feasible all year round due to the distance, terrain and weather;
-  The 24 spaces would be filled permanently and some staff and most visitors would be forced to use the limited spaces available on Bradda Road and the surrounding lanes for parking;
-  The width of the lanes is suitable for 1.5 cars, not 2, and would result in vehicles being parked on the pavements, hindering pedestrians;
-  The plan allows for insufficient parking spaces to cater for staff, deliveries and visitors and will result in congestion and overspill parking nearby;
-  The safety aspects of increased parking on Bradda Road and Bradda Glen Close need addressing against Strategic Policy 10, Transport Policy 4, and Appendix 7;
-  Planning application 17/00392/C [case officer note: which was for the additional use of a dwelling as tourist accommodation at 2 Bradda Glen Close] was approved with a condition requiring that space be made available for cars to park off-road to avoid the creation of additional on-street car parking in the interest of highway safety;
-  Our road is only wide enough for one car and it is impossible for two cars to pass alongside one another without one fully mounting the kerb;
-  If a lorry, delivery van or refuse wagon is parked, you cannot pass;
-  The 24 parking spaces proposed is nowhere near enough;
-  If visitors or staff park in the Close we could easily become trapped;
-  If visitors or staff park on Bradda Road, visibility out of the Close (which is already poor) will become worse;
-  The roads are used by cyclists training for organised races and the combination of cars on both sides of the road and the shadow cast by the building will produce a lethally dangerous environment for them;
-  Cars being parked on the road will make it dangerous to exit Meadowfield Road, where we have lived for three years;
-  There is no provision for public transport for access to the site;
-  The road is popular for foot traffic, including being an alternative route for the Raad ny Foillan footpath and so this will have a detriment to visiting ramblers;
-  There is insufficient visibility between vehicles and pedestrians to ensure safe joint use of the footways outside the site boundary;
-  The stated height for the new timber fence of 1m alongside the driveway will not, I consider, provide adequate visibility due to the height and density of boundary vegetation;
-  Vision could be improved by cutting back vegetation, and must be maintained in perpetuity;
-  Vision splays should be required that meet full highway access requirements;
-  An alternative would be to move the "existing" access onto Manor Park;
-  The parking spaces are inadequate in number and would be right by my apartment and vehicles would be coming and going 24/7 and so it would be unacceptably noisy in my bedroom;
-  The lack of sufficient parking spaces would reduce traffic flow considerably, unacceptable to buses, utility vehicles, emergency services and general traffic;
-  Overflow parking from the proposed development would result in the unauthorised use of my parking facilities, something I experience regularly during events;
-  Abbotswood, which has provision for ambulance parking and a mini-bus which this scheme does not, suffers significant issues of double-parking and cars blocking main roads;

-  Car parking and turning facilities for service vehicles, ambulances, etc. must be retained within the perimeter of the plot;
-  A fairly large, free space of uncluttered ground is required - none is shown on the plan - see contrast in parking space for neighbouring Bradda Court flats;
-  Deliberate overspill parking would surely not be allowed by the highways department;
-  Bradda Road is a bus route and has a turning place for buses by Bradda Court. Bradda Close is narrow. Use of Bradda Court car park would be trespass;
-  The car parking spaces with noise and possibly pollution are ALL very near flats 9-12 inc. Bradda Court flats;
-  Overflow parking could end up in the private Bradda Court car park, as happened on 1st October because of the Children's Fell Run;
-  Paragraph 3.3 of the report states that "the redevelopment must ensure that the development is satisfactorily accessed, does not have an adverse impact on the streetscene or on the amenities of those living close to the site" [case officer note: the 'report' referred to is the case officer's report for the previous application on part of this site, PA 14/00818/A];
-  The access to the car park is about 30m from our house in direct line of site. In addition to staff and visitor cars, there will be garbage trucks, doctors' vehicles, ambulances, delivery and trades vehicles as well as visiting podiatrists, hairdressers, physiotherapists, opticians, social workers, etc.;
-  Meadowfield would be particularly vulnerable to invasive parked cars, denying us access to our vehicles;
-  No provision has been made for funeral directors' vehicles;
-  Bradda Glen Close is a single width road in places and over the years larger vehicles have become stuck, reversing over pavements, residents' driveways and all have used the small public road and its junction that is proposed to be built on in order to straighten up and reach the main road often rearend first;
-  Access to Meadowfield is precarious as it is difficult to edge out past cars parked on the road into oncoming traffic. Larger vehicles find it easier because of the awkward turn in and likelihood of vehicles parked kerbside;
-  Would current cycling and running events, which are becoming increasingly popular around Bradda, be withdrawn from Port Erin due to lack of parking? That would be a shame as they attract many visitors and sportspeople;
-  There is no gritting carried out by DOI in this area;
-  We understand that Southlands has 72 designated parking spaces;
-  The proposal will create serious traffic congestion on Bradda Road and make access to / exit from Meadowfield dangerous;
-  The use of Meadowfield for parking will make it difficult for residents to park close to their homes;
-  Bradda West road is congested and struggles with additional traffic, as was experienced recently with the one-week road closure;
-  Buses to Bradda Glen turn around several times per day and the access to the glen is narrow with limited visibility;
-  The last rotation of the no.28 bus is 1:20pm, with no service on a Sunday;
-  The provision of one disabled parking space appears totally inadequate as a significant proportion of visitors are likely to be elderly;
-  It has been claimed that 72 beds is the minimum size to make the enterprise practical and sustainable, but the same developer was behind a 60-bed scheme on Salisbury Street in Douglas;
-  The proposed junction would be a 10th one on a steep hill;
-  It takes vehicles 8 seconds to reach the proposed junction coming out of Port Erin, 11 seconds down to the junction and 2 second from Meadowfield. With elderly drivers this seems a recipe for disaster;
-  There are also TT and motorcycling event riders, classic car drivers etc.;
-  I have seen a number of accidents on Bradda Hill but fortunately no fatalities, but there have been a number of near misses;
-  If staff parked on the road near Collinson House it would complicate matters;
-  Any additional parking will worsen the situation by creating pinch points and the road has rises, falls and curves;
-  Staff parking in Bradda Glen would damage the Glen's trade due to customers not being able to get parked and having difficulties traversing the area;
-  There may be more buses but they have to reverse into Bradda West Road, which they will want to do as little as possible due to risks involved in the manoeuvre;
-  The proposed junction will also have a shadow cast over it by the building, reducing visibility;
-  There will be 100s of additional cars each week;
-  Would the applicant please supply an estimate of the volume and type of traffic that will use the junction in a month?

Impact on private amenity: overlooking; overshadowing; loss of privacy

-  The current residents of Bradda Glen Close have purchased homes and lived, happily, with Spaldrick House in its current location, with screening;
-  The proposed building is to be built forward of the Spaldrick House building line, at its closest 20m from the nearest Bradda Glen Close house, a reduction of the present separation of approximately 10m coupled with a significant reduction in screening;
-  As the proposed location of the building does not follow the existing building line and reduces the distance to the houses in Bradda Glen Close by an unacceptable 33% and reduces a significant amount of screening, this will result in the building being overbearing due to its proximity to Bradda Glen Close and apparent increase in vertical profile;
-  The proposed building has south-facing terraces at the Bradda Road end, which would give unfettered views from above of 7 Bradda Glen Close;
-  The landscaped gardens would also give pedestrians views into the bedrooms as the elevation of the garden at the southern end and the windows is the same;
-  There would appear to be no privacy screening for 7 Bradda Glen Close;
-  This would be contrary to General Policy 2 in terms of amenity;
-  The officer assessment into the application seeking approval for the installation of two windows at 7 Bradda Glen Close goes into great detail about the need to avoid overlooking of in situ windows by the installation of new ones;
-  The proposed building will be 47 feet higher than the ridge of our roof, overshadowing our home and cutting us from the sky;
-  We will lose all natural light in all our rooms facing Bradda Glen Close;
-  We have a right to privacy;
-  Anybody in the building will, by virtue of the balconies and large number of windows will be able to see into our front garden, bedrooms, living room, hall, office and back garden;
-  The best way to understand how overbearing the proposed building will be on Bradda Glen Close dwellings is to stand on the road;
-  This will adversely affect the amenity of all Bradda Glen Close;
-  My ground-floor apartment will definitely suffer loss of light and be overshadowed and please can you send me a winter shadow plan to show how much loss of light will occur;
-  The care home would be illuminated throughout the day and night, the lights shining directly into my bedroom and lounge; this would be aggravated by security lights being activated all the time and manoeuvring vehicle headlights;
-  Moving the building forwards would mean significant overshadowing in Bradda Glen Close in the afternoons;
-  The 12 properties in Bradda Court are, in a large majority of cases, owned by retired persons so I could expect a quiet, private and peaceful atmosphere - now I'm facing the prospect of a large 72bedroomed care home erected virtually metres from my door!;
-  Sleep would certainly become a problem;
-  Spaldrick House is large but it is set back into its grounds. At the moment we are partially screened from the corner gable by a large evergreen hedge;
-  The existing property has a driveway and parking to allow further depth away from our homes;
-  All this shrubbery will be removed to accommodate a building and terrace, but in closer proximity to and parallel with the properties on Bradda Glen Close;
-  This means that three storeys of bedrooms on this building will look directly into our lounge, dining room and hall, particularly so from the busiest part of the proposed building - the lounges and dining rooms, and this will be highly intrusive and unacceptable;
-  Is the proposed terrace alongside the entire length of the building just to add to the total lack of privacy and noise for all residents in Bradda Glen Close?;
-  The sheer size of the building will inevitably reduce natural morning light into our property;
-  The height at Bradda Road will be roughly the same as the Meadowfield houses, even though we are opposite the highest point of the site. We will be blocked in by a large building;
-  The building's shadow will also impact my enjoyment of my property;
-  Would the applicant please supply a full shadow plan?

Impact on private and public amenity: noise; smell; lighting; vermin

-  I have experience, at first hand, that dementia sufferers moan and scream for no apparent reason;
-  Emergency services for the sick / dying residents will be visiting at all hours of the day and night;

-  I am concerned that the noise generated by the daily running of such a size of business and the additional traffic will lead to an unacceptable level of noise;
-  Only "circa 60" employees are stated as being employed for an operation with 12 more beds than Abbotswood House;
-  There will be a host of ancillary workers who will have to visit the home on a daily basis (doctors, nurses, ambulances, grocery delivers), creating more traffic;
-  The noise generated by such a workforce in a purely residential area seven days per week and 52 weeks per year cannot be acceptable and will turn this quiet area into a mini-town;
-  A care home will create incessant noise (e.g. around-the-clock comings and goings of staff, visitors and delivery vans; machinery such as extractor fans and air conditioning; ambulance sirens; fire drills; gardening and window cleaning; residents suffering from dementia; televisions; opening and closing of windows and balcony doors; "it is inadmissible"), which will impact on our quality of life;
-  Residents, walkers and tourists will suffer from the smell of dustbins containing food and medical and hygienic waste such as soiled incontinence pants;
-  The bins, to be parked by Bradda Road, will give walks a highly negative impression, especially in summer;
-  We are concerned about fumes from an on-site incinerator;
-  The noise generated by such a large workforce would turn this quiet area into a noisier area than the town centre of Port Erin;
-  Bradda is a quiet and relaxing area, especially at night, and the noise associated with the care home (shift changes; smoking breaks; the infirm) will create a significant change in ambient noise;
-  My legitimate and quiet enjoyment of my property would be adversely affected by the creation of additional noise, dust, smell, light pollution, traffic and exhaust fumes created by the proposed development;
-  Mobile phones, ring tones, conversations, radios on high volume, pagers, security alarms and patient / personal alarms would all be disturbing and invasive;
-  There is a realistic possibility of a severe rodent infestation in the area;
-  There would be significant noise at staff shift change-over times, which will usually be a 3 staff rotation meaning changes in the evening and potentially around midnight;
-  For residents of Bradda Glen Close, privacy would all but disappear;
-  Every south-facing care room would have full views into local residents' lounges and bedrooms;
-  The closing of car doors cannot be done quietly;
-  At present we sleep with the windows open for most of the year, and we feel this would be compromised;
-  We chose our retirement property with great care and research, with Bradda Court ticking all the boxes - now that one of us cannot get out and about as we used to, the views and tranquil setting provided by the open aspect, Coronation Path and field, the golf course, Spaldrick House garden, the Calf of Man and Hull are paramount;
-  We will be subjected to gear change noises as cars slow down uphill;
-  The street lights go out at 1am, after which we enjoy peaceful darkness. The proposed development would be like having a cruise ship, lights blazing, cruising near us through the night;
-  The kitchen for this operation will be substantial and, as we are downwind, kitchen smells and noises will come right over us;
-  It is not clear how the substantial putrescible and non-putrescible waste will be transported from the kitchen door on the other side of the wing will be transported to the garbage bins;
-  The inevitable six 1100 litre bins that will be needed to serve this development will be kept in the car park because it is simply impossible without a tractor for these to be moved around a corner and along a terrace and through a car park to be picked up and emptied;
-  Machinery noise and the banging of the bins as they are moved and emptied, along with the certain smell, will be just over the wall from visitors and locals;
-  In its present form this application is insensitive to the Bradda Court Apartments;
-  There will be noise from the three 'end' dining rooms / lounges, exacerbated by the patio doors leading onto the balconies;
-  These rooms have the potential to hold many people - i.e. residents, visitors and staff - throughout the day and evenings;
-  The concentration of all this noise over three storeys will be very intrusive;
-  The nature of some people who require care is that the are in pain, confused or upset and cry and shout and this will perhaps be the saddest noise of all and a total intrusion of their privacy and dignity as well as ours;
-  Care homes all unfortunately carry a certain odour, seeping from bins, kitchens, extractor fans and sluices. This is in itself unpleasant and has the potential to attract vermin such as crows and longtails;

-  The increase in traffic would impact on the rural area, creating increased noise 24 hours per day affecting residents, visitors, wildlife and farm animals;
-  I have single-glazed windows and will be particularly affected by the noise generated.

Design of proposed building

-  It is disingenuous to claim that the proposed building is lower than the existing building;
-  The three- and four-storey massing of the building, in an area where the majority of the dwellings are two-storeys with some having in-roof living, is against Environment Policy 42;
-  The roof ridge of the propose building maintains an absolute level of 47.250m for its entirety, which is taken from the existing ridge height of Spaldrick House;
-  The ground throughout the site slops downwards from its highest level towards both Bradda Road and Bradda Glen Close;
-  The ridge line of the quoted building, Glenside, stands at 33.560m;
-  The proposed ridge line is taken from the highest point of Spaldrick House resulting in a three-storey building throughout its length and a four-storey building at Bradda Road;
-  If the building line is not an issue, then the absolute level of the building should be reduced to one defined by a lie joining the ridges of Spaldrick House and Glenside and the proposed building's ridge. This would reduce the building to a two-storey building, defining the remainder of the building as it extends towards Bradda Road;
-  For the avoidance of doubt, the maximum height that should be allowed is two-storeys;
-  These concerns are raised relative to General Policy 2;
-  A reduced height and therefore scale for the building would conform to the above and also Environment Policy 42;
-  The proposed development states it is the same height as the existing building but this does not take account of the sloping land;
-  The proposed development is over 200% of the current site;
-  The proposed building is stated as being 210mm different in height from Spaldrick House, but this is extremely misleading as when viewed from Bradda Court Apartments the existing Spaldrick House has a flat roof, which is approximately 2m lower than that of the proposed development! With this and the increase in footprint, the reduction and effect on the views for the 12 apartment owners at Bradda Court is considerable;
-  This is perhaps the largest building in Port Erin;
-  The footprint, which dwarfs the existing site template, eats into the undeveloped land to the west, south and east;
-  The entire structure will lie menacingly, a mere 20m away, separated by a narrow lane;
-  This does not account for the topography of the area, which accentuates the overbearing impact of the proposal;
-  This commercial building will have footings approximately at the roof level of the Bradda Glen Close properties;
-  It is a build that would not look out of place in a city and it is sad to think that it may be placed on a hillside renowned for its natural beauty;
-  There would be so little leisure space left we are wondering if the residents are expected to stay indoors;
-  This high density building has no breaks to soften the building and gives the impression that every scrap of land that has could be built upon has been;
-  There has been no concession made to reduce the height of the building nor the gradient of the lane;
-  The building would be visually dominant while offering nothing of architectural merit in mitigation;
-  It would inject an inexplicably large building into the view of Bradda from across the bay;
-  Would the applicant please supply details of the square metre footprint of the existing and proposed building?

Impact of proposed building on character / appearance of Bradda area

-  This field provides great amenity for residents and visitors and allows views from Bradda Road and beyond of Port Erin Bay and the Calf of Man;
-  The unspoiled look of the field to the east of the public footpath within the site is important to the local community, and a four-storey building on this land will destroy that amenity for local residents and visitors, contrary to General Policy 2;
-  This is over-development;
-  The size and impact of this building is not in keeping with the rural, immediate surroundings;

-  The proposed building is for an excessively large commercial enterprise and is architecturally incongruous for the area;
-  The building will be intrusively visible from the other side of the bay, from Port Erin promenade and from Port Erin harbour;
-  The building will interfere with public sea views from Railway Walk no.10;
-  The area has historically never been built on;
-  We are concerned by the five-bar railings proposed and were surprised to not see it on the mock-ups;
-  Such a large building, fenced in, will absolutely spoil Bradda;
-  Our opinion is that the Spaldrick plot should be reserved for low density residential use only;
-  We therefore do not approve of the construction of a nursing home, which is a commercial building;
-  Any future dwelling on the plot should remain as the same footprint as Spaldrick House, built one level lower than it to blend in with the surroundings and respect the privacy of residents;
-  This area was called 'semi-rural' when taken under the umbrella of Port Erin and this is unchanged;
-  My family and I and the vast majority of residents here have chosen the area to live to enjoy the peace, tranquillity and privacy it offers;
-  A building of the proposed size would change the character of the area to something approaching a commercial site;
-  The view over the bay would be substantially reduced because of the large proportions of the building being extremely close to the footpath;
-  The proposed development builds over the green belt;
-  The proposed building would be a high-density, high-rise monolithic streetscape, dwarfing the surrounding buildings and creating an urban, enclosed outlook;
-  We object to the scale, placement intrusive nature and drastic alteration to the streetscape and our outlook;
-  The disproportionate scale of the development proposed would unnecessarily loom over the final uphill highway section affecting the vistas across the bay, and this open site preserves the rural ambiance of the area;
-  During our time at Bradda we have thoroughly enjoyed its peacefulness, privacy and surrounding natural beauty;
-  At the moment the night sky can be seen because there is so little light pollution;
-  There are no artist impressions of the build from the promenade side of Port Erin, which would give a clear picture of the detrimental effect on the area as a whole;
-  The current open outlook would be replaced by a high wall of a building, right beside the road;
-  The height of the building in the area adjacent Bradda Road is particularly unacceptable given the sloping nature of the site;
-  I understand the need for more nursing home provision but this proposal cannot be regarded as satisfactory in this location;
-  Spaldrick House is the tallest and most substantial building remaining on the north side of Port Erin bay;
-  The Towers Hotel has been replaced by a building of modest proportions and Sea View at Bradda Glen is likely to be replaced by one or two domestic dwellings, and it would therefore seem logical to redevelop Spaldrick House for residential use at a scale in keeping with the immediate vicinity. The development proposed is unsuited to this simple principle;
-  The current residential housing in the area is low density and there are green spaces to soften the impact of existing buildings;
-  The building would have an adverse impact on the Bradda West neighbourhood;
-  The application proposes high density housing and a major new business, completely destroying the current semi-rural environment of the area;
-  The size of the proposed building would detrimentally alter the view of the headland from the town, which is one of the main attractions in Port Erin;
-  This is a prime example of over-development in an inappropriate rural location;
-  Times do change but surely a more sensitive and low-key residential usage can be imagined, which would add value and eye-appeal to the locality rather than aesthetically detract;
-  NO to a carbuncle below Milner Tower;
-  The 'villas' described in the application are 2.5 times the width and are three storeys high whereas the properties on Meadowfield are only two storeys in height with roofspace accommodation;
-  The villas appear to be on steroids and will damage my enjoyment of the area and take my sea view, which was a reason I picked this property, along with its semi-rural aspect;
-  This is the wrong location for a care home, with limited public transport access, very limited parking, a country road leading to it (which is already heavily parked), and would destroy the appearance of the surrounding area;
-  The impact on residents would only be negative;

-  Would the applicant please supply illustrations showing how the lighting of the building will look at night?

Flooding / drainage / sewerage

-  The proposed building removes soft ground and more than doubles the roof catchment area. The car parking also increases the catchment area;
-  The drainage plan allows for foul and internal water drainage only, with the routing of all site rainwater into the culvert at the lowest point of Bradda Road;
-  The estimate that the site will contribute only 3% of the capacity of the culvert, but no reference is made to the current capacity or how it operates under abnormal loads;
-  The plan does not account for the substantial increase of rainwater or the removal of natural soakaway;
-  It is suggested that there will be minimal overhead for the current drainage and sewerage system; the proposed development will almost double the water and sewerage output of the area;
-  I believe that there is a risk that normal rainfall will lead to flooding at the lowest point of Bradda Road and an impact statement and plan needs to be raised;
-  Any additional water into the culvert will have catastrophic consequences for all of us living below;
-  The green field has served as a natural prevention from worse flooding and it is necessary to preserve that field, which has to our knowledge never been built on;
-  The plans are vague on how the proposed building would connect into the main sewer and we request to see a detailed plan on how this should happen;
-  Since moving here in 2001, our experience has included flooding in the dip at the entrance to Bradda Glen Close on several occasions during a rainy period;
-  Foul waste has been washed through our cottage;
-  Regular waterfalls have appeared in steps down to our garden;
-  Only our constant vigilance on rainy occasions has prevented this happening more frequently;
-  The Commissioners have been advised in the past but contact to the relevant government Department has sadly resulted in none of the promised visits;
-  The flooding in recent winters appears to reflect a problem with the culvert being under-sized;
-  The culvert runs under my property and since moving in we have been flooded more than once, with water running down the shared path at several inches deep into our garden, our neighbour's garden, and entering our property;
-  So much for trying to entice tourists to beautiful Port Erin with its semi-rural setting, sea views and headlands;
-  This has undermined our property, resulting in three sink holes in our garden;
-  The culvert has missing stonework, not unusual to a culvert of this age I suspect;
-  Bradda Road can become flooded and iced over at Spaldrick Dip;
-  We question whether the existing main sewer could cope with such a large influx;
-  The culvert carries runoff from both directions and also the stream that runs along the east side of the golf course and is the catchment for stormwater drains on Bradda East, and the proposed development would add considerably to an already overloaded system;
-  Residents have to manually clear the drains from leaves to avoid flooding;
-  The flooding indicates that the infrastructure is already at maximum capacity;
-  Would the applicant please supply a copy of the existing and proposed rainwater soakaway systems;
-  Would the applicant please supply confirmation of where foul water goes;
-  Would the applicant please supply details of the monthly rainfall at Ronaldsway and sudden large rainfalls therein and how the drains will cope with 42mm in 2 hours, as well as the monthly volume of rainfall coming off the roof based on Ronaldsway figures.

Impact on tourism / biodiversity

-  Bradda is an asset for the Isle of Man and we see tourists daily, and the site should be preserved as a nature hot-spot;
-  Views from Cashtal yn Ard on Meayll Hill would be spoiled by the massive, modern building out of context with the residential properties of the area that nestle gently into the hillside [case officer note: Cashtal yn Ard is in Maughold. It is believed that reference is instead made to Rhullick-y-laggshliggagh burial chambers at Meayll Hill];
-  Tourists walking the Alternative Coastal Path would be deprived of the magnificent views towards the Calf;

-  Astronomers attracted by the Dark Skies status may be put off visiting the area or, worse still, our Island by the additional light;
-  I wish to express my sincere concerns for the potential loss of habitat for wildlife from the unused land, and would suggest that retaining a good proportion of this land to ensure the safety and habitat of our rich, diverse and abundant local wildlife;
-  This is a beautiful Island and that aspect must be protected for residents and visitors and we need them to still come here to generate revenue on a regular basis;
-  The evergreen hedge is home to many birds (thrush, water snipe, starling, pheasant and others);
-  Bradda is a wonderful, natural ecological site for cyclists, hill walkers, school cross country runners or on an Easter egg hunt;
-  Surely we should be looking to attract tourists who appreciate the beauty of our island and coastline with so many hotels being demolished or closed;
-  Would the applicant please supply a bat survey of the building's outhouses in particular;
-  Would the applicant please supply an insect survey (grasshoppers are rare and I have seen examples of Phosphuga Subrotundata on the walls, and moths could be there)?

Appropriateness of proposed use in this location

-  The area is steeply sloping, making it highly unsuitable to concentrations of residents and visitors who may have limited mobility;
-  The location is uniquely inappropriate for the housing of vulnerable and potentially disoriented residents, with nocturnal access to unlit coastal footpaths, disused mine workings and clifftops;
-  Extending hospital requirements beyond Douglas is a retrograde move as I understand from medical friends there is a long waiting list for beds at present and if more become necessary extensions and extra builds could be added to the present buildings;
-  As a carer in the past I can vouch that the terrain in this area is not suitable for wheelchairs;
-  Nursing homes should be easily accessible and close to a hospital / doctors' surgery. Southlands is a marvellous example of a one-/two-storey building on the flat and close to amenities including dentists, chiropractors and physiotherapists and of course the Southern Group Practice who already seem rushed off their feet with the existing elderly patients around them and their large catchment area;
-  Although it is possible for staff and visitors to want to walk from bus stops in Port Erin village, this is a longer walk than most would wish to undertake.

The public right of way connecting Bradda Road with Bradda Glen Close

-  The plan removes the lane joining Bradda Glen Close to Bradda Road. This is an ancient Manx right of way bounded by a stone wall and is used daily by local residents, including myself, dog walkers and tourists and is integral to the rural character of the area;
-  The removal of the lane, which is in public ownership, is in contravention of General Policy 2 with regards amenity and also the loss of sod banks;
-  Highways Division must preserve the land linking Bradda Glen Close and Bradda Road;
-  The lane is an ancient Manx right of way and is precious to us and used by residents to exit the Close when the lane is blocked;
-  This lane is imperative to allow emergency services to reach the end of Bradda Glen Close at all times;
-  The lane between Bradda Glen Close to Bradda Road should be maintained for the safety of the Bradda Glen Close residents;
-  I have been unable to ascertain the status / ownership of the track shown on the plans, which does not seem to be a highway or a public right of way. It needs to be protected by a condition in any planning permission;
-  I wish to point out my utter disgust that the little link road between Bradda Road and Bradda Glen Close would be wiped out, and it is imperative for our heritage that such rights of way are protected and preserved;
-  We see no reason why a private company should be allowed to be built over a public right of way;
-  The lane is the ancient public road to Bradda and is also used by postmen;
-  It is not acceptable that the developer should assume the road can be subsumed into the development;
-  The narrow public lane / road surrounding the existing property has been taken over and treated as if of no concern.

Land stability

-  Our residence will be adversely affected by the ground works, construction and traffic generated by the proposed development;
-  The proposed building will require the excavation of a large quantity of earth prior to its commencement and we feel consideration should be given to the potential for subsidence or ground movement to occur;
-  Would I need to inform my insurance company should any subsidence issues arise from the construction, as the field as not been built on before?

Effect on private view / property values

-  The view from my property would be substantially and adversely affected by the proposed development;
-  It is immediately apparent that our view will be reduced by some 20 degrees, and we will no longer have any view of Port Erin bay, the lifeboat station or the Calf of Man, and a large proportion of the evening sunsets will be gone forever;
-  A reduction in the value of my property would probably result;
-  The building would impact on views enjoyed by Bradda Court residents and this loss of amenity could affect property values.

References to planning policies and planning history

-  The plans do not comply with the Site 20 designation in the Area Plan for the South and will have a catastrophic effect on our daily lives;
-  The Strategic Plan states that '…low density housing…' would be far more in keeping with and appropriate to this area;
-  The proposed building is contrary to Strategic Policy 10 (parts (a), (b) and (d)), Transport Policy 4, Strategic Policy 3, General Policy 2 (parts (b), (c) and (e)), and Sections 3.4 and 3.7 of the Area Plan for the South;
-  We would urge the Committee to consider the application against 4.57, 4.57.1 and 4.58 of the Southern Area Plan where it is clear that the development is in conflict with these [case officer note: these paragraphs cover Site 20, which does not apply to the application site];
-  The highly intensive commercial activity in this rural residential setting is in contravention with the Southern Area Strategic Plan;
-  A great deal of time was spent preparing the Area Plan for the South and we expect its recommendations to be upheld;
-  Several years ago the Commissioners wanted to build on the field in front of Bradda West Road, but this wasn't allowed in the Southern Area Plan as the field is part of the open semi-rural area of the Bradda Head surrounds. Why is Field 411188 any different?;
-  Paragraph 2.5.1 of the Area Plan for the South states that development should maintain the existing settlement character, which this multi-storey monolithic car home certainly does not;
-  Paragraph 3.4 of the Area Plan for South: this development will destroy the extensive panoramic views from higher ground hill slopes;
-  Paragraph 4.57.1 of the Area Plan for the South (Site 20) states that the Department has judged that the site may have some potential for low density development that retains an open character but this is not low density residential or open;
-  Paragraph 4.58 of the Area Plan for the South is referenced and the proposed entrance would not appear to be safe;
-  The proposed development does not comply with Strategic Policy 3(a), Strategic Policy 10, General Policy 2, Environment Policy 42, paragraphs 3.3 or 6.7 or Condition 5 of the officer's report for PA 14/00818/A;
-  The site should only be developed in accordance with the land use zoning and perhaps would include lower level buildings of a low density.

Other / General

-  The site described as being brownfield. This is true for that to the west of the lane - however, the field to the east is not brownfield and has not supported a building;
-  A development of sheltered housing bungalows on this site would be more in keeping;
-  There is always a flight risk with elderly people suffering from dementia and so a nursing care facility has to be properly fenced in;

-  It should not be assumed that the proposed development would be a boon to local employment. Local businesses already struggle to find staff, and Abbotswood find it extremely difficult to recruit qualified nursing staff and retain care assistants even though it is located near a bus route and the larger employment pool of Douglas;
-  There is also an assumption that the demand exists - Abbotswood only has a waiting list for the EMI (dementia) ward and I see no reference to such a ward in the application;
-  No mention is made in the application's supporting documents of the effect of the proposal on Bradda Court Apartments;
-  Photographs from our apartments with the building superimposed on them would have illustrated the true impact;
-  The site is actually formed of two discreet parcels of land, which were recently advertised for sale separately;
-  Over the 13 years living in Meadowfield we have seen a number of buildings demolished and replaced, some in keeping and some not, and some properties remain in a very poor condition. There are a number of brownfield sites in Port Erin more appropriate to accommodate such a large nursing home, and we feel properties should be replaced like-for-like when there is a need for such;
-  The proposal for a further nursing home in the South is not what residents would choose;
-  While it can be argued there is a local need for a nursing home of this size, it is ironic that the Ocean Castle Hotel and Marine Biological Station (which government is anxious to secure a sale on and could provide a rewarding challenge for an imaginative architect) which could and should accommodate a building as large as is proposed are available;
-  It is to be hoped that the Planning Committee consider this application worthy of a site visit in order to validate the concerns raised here and elsewhere;
-  I have lived in the nearby Carlton Apartments and therefore know the area and retain a passing interest in potential development;
-  The business model for the proposed scheme would generate £3m per annum and as a taxpayer I wonder why government does not use some of it land-banked sites for such facilities, which would generate a windfall revenue in a guaranteed growth area as our population ages;
-  Maybe government could invest capital investment funds into local facilities for the paying elderly;
-  It looks as though the Salisbury Street development was a lost opportunity for government;
-  Would the applicant please supply illustration pictures of the view of the building along Bradda Close Road, Port Erin Bay and from along Meadowfield with and without the building in situ;
-  Would the applicant please supply details of staffing levels throughout the day and night and the specific shift changeover times;
-  Would the applicant please supply a copy of soil sample reports for the two plots;
-  Would the applicant please supply an archaeological survey of both plots?

- 5.6.3 In no particular order, the comments in support of or neutral to the application can be summarised as follows:

-  I welcome the addition of a nursing care home;
-  We welcome appropriate regeneration of the site;
-  We welcomed the sale of the site as the condition of the existing property has slowly declined over the years;
-  We do not object to the site being redeveloped as a nursing home (though a modern hotel is sorely needed in Port Erin) and, in fact, my mother who is in a nursing home would probably be happier transferred there;
-  I understand the need for more nursing home provision;
-  Please note I recognise the need for more nursing / care provision as the population ages but this is a good idea in the wrong place;
-  Our family have lived in Meadowfield since its development in 1900, and owned the surrounding land. My great-great-grandmother built Castle Mona (now Spaldrick House) and opened it as a guest house in 1873;
-  If a smaller facility had been proposed, one could see a reasonable case as only the function would change;
-  YES, demolish the obsolescent hotel and construct a new-build within the same envelope;
-  There are in the region of 60 jobs to be created;
-  As a local resident, the opportunity for a diverse and increased number of jobs should be welcomed;
-  The site is unoccupied and without development will fall into a more derelict state, becoming an eyesore to all in Port Erin. Sensible redevelopment as applied for will ensure this is avoided;

-  It does seem to me that the proposed development is in keeping with the surrounding dwellings and infrastructure;
-  Our elderly population is increasing and it is my firm belief that these people need to be cared for properly in later years;
-  In my experience there is a shortage of care home facilities on the whole (an issue that without more care homes will increase), but some of those that are available are below minimum standard;
-  In my opinion the scheme should be approved to help fill an increasing gap in care home provision for our elders here, and
-  The removal of the top floors of the building would help reduce its impact.

5.7 In response to the comments received as of 20th October 2017, the agent to the application sent a long letter to the Department in clarification and rebuttal. The letter is summarised below, and for ease of reference the headings used in respect of the private objections received are again used here. The comments / value judgements made are the agent's own: Parking / highway safety / public transport provision

-  This has been addressed by the Transport Consultant in their Transport Statement, and it has been concluded that there is no detrimental impact on the local highway network;
-  Highway Services have not objected to the application;
-  24no. parking spaces have been provided, including 1no. disabled parking space and a drop-off area located close to the main entrance;
-  Motorcycle parking and a bicycle shelter have been added as the result of the Transport Statement;
-  The number of parking spaces meets the requirements stipulated in the Strategic Plan and bays have been sized to the Manual for Manx Roads;
-  On-street parking is currently available on the opposite side of Bradda Road, but we believe adequate parking is available on site;
-  Parking on Bradda Glen Close will not be permitted.

Impact on private amenity: overlooking; overshadowing; loss of privacy

-  The building is situated on a sloping site elevated above the town like all the buildings in the surrounding area;
-  Most trees and existing planting are being retained with new trees mitigating the small loss of trees;
-  The building is set back from adjacent properties on Bradda Glen Close and Bradda Court, maintaining a minimum distance of 20m to the closest part of the building;
-  Existing and additional planting provides ample screening to provide sufficient privacy to properties in Bradda Glen Close;
-  The development faces only the public frontages of nearby dwellings;
-  The proposed finished floor level has been set at 35.5m. The existing finished floor level of Spaldrick House was 36.47m;
-  The proposed ridge height is 47.25m. The highest ridge of Spaldrick House is 47.46m, so the ridge height of the proposed development is 210mm lower than the existing building;
-  The building is set back from adjacent properties on Bradda Glen Close and Bradda Court, maintaining a minimum distance of 20m to the closest part of the building;
-  The sun path results in no loss of light to Bradda Glen Close;
-  The design recreates the effect of three villas set on the hillside, separated by infill sections with contracting materials;
-  The 'villas' are 'cranked' so the building is not seen as a single linear mass: one villa faces northwest onto Bradda Road, another faces south / southwest, the other almost due south;
-  In addition, it is intended that most of the existing planting along Bradda Glen Close will be retained as a visual screen to the new development and to soften the boundary along Bradda Glen Close;
-  The 20m distance between habitable windows in accordance with policy;
-  The bin store is at a slightly reduced level and is not visible from the road;
-  The main garden for the building is located at the west of the site, where existing planting provides sufficient screening to prevent directly overlooking views;
-  The gardens at the east end of the site are not expected to be accessed / used by residents frequently due to the sloping nature and are more for aesthetic purposes;
-  While the terraces/balconies off the proposed lounge / dining room will be used, this will be when the weather allows - due to the residents being quite elderly, we would expect this to be infrequent;

-  Sightlines from the terrace to no. 7 Bradda Glen Close are offset by approx. 60 degrees therefore eliminating direct lines of sight.

Impact on private and public amenity: noise; smell; lighting; vermin

-  Care Homes generate very little noise as all residents are elderly;
-  Staffing is very much shift based with 3 shifts per day and approx. 25 staff on site during a normal working day. The night shift will have six to nine members of staff caring for c.70 sleeping elderly residents;
-  A lighting scheme will be developed at the detailed design stage, with lighting controlled by timers and movement sensors, thereby reducing lighting requirements and running costs;
-  Lighting will also be directional towards the building and hooded to prevent sky leakage;
-  All lighting will be sensitively positioned;
-  The applicant is content for a condition requiring the submission of a lighting scheme;
-  It is worth highlighting that this development will very much be 'someone's home' and we would not want to have light pollution impacting adversely on our residents;
-  A dedicated bin store has been indicated on the drawings and the commissioners currently operate 3 collections per week, therefore bins are collected regularly and not left for long periods of time.

Design of proposed building

-  To further reduce the overall visual impact of the elevations, they are punctuated by two-storey projecting bays in a contrasting material;
-  Spaldrick House is currently located tight to the northern boundary and does not form an established building line to Bradda Road or Bradda Glen Close. The proposed building has been positioned following careful consideration of site access, circulation, parking, orientation, views and consideration of the development impact on neighbouring properties;
-  The form of the building has been derived from the client's brief and is in line with all modern, current UK sizes for this type of Care Home development to ensure it is sustainable in the longer term. Accommodation is over three floors and consists of 72no. bedrooms, entrance foyer, lifts, offices, lounges, quiet lounges, dining, kitchen, laundry, staff changing, stores and assisted bathrooms;
-  The finishes provide visual interest and contrast between the different building elements, proposed finishes consist of: through-coloured render (off-white); vertical composite cladding (violet blue); artificial slate roof with terracotta hip and ridge tiles and low-pitched roofs to provide the appearance of a lead rolled finish; aluminium or PVC windows and doors (grey), and aluminium or PVC rainwater goods (black);
-  A traditional horizontal and overhanging eaves line with a roof pitch of 25 degrees keeps the building height as low as possible and the reduced building width and roof pitch of 12.5 degrees on the link buildings allows the eaves and ridges to vary;
-  The intention with this proposed development is it will be constructed to the highest standard, with the most modern facilities and the quality will far exceed any other private care facility on the island.

Impact of proposed building on character / appearance of Bradda area

-  The building has been designed using high quality materials and has minimal effect on the scenic views;
-  The area of the site is approx. 5,000m², the footprint of the Ground Floor is 1,229m², therefore the footprint of the building covers 24% of the site area, which we consider acceptable.
-  The recent Salisbury Street Care Home in Douglas (though not fully comparable as it is within a town centre) occupies 38% of the overall site area;
-  The character of the area is generally two- to three-storey terraced dwellings in an elevated position above the roadside;
-  Residential development on this area was approved in principle in a previous planning application;
-  The undeveloped portion of land is privately owned and does not form public amenity space.

Flooding / drainage / sewerage

-  The surface water drainage alleviation has been designed by a civil engineer;
-  The drainage design considered the existing and proposed capacity and accounted for storm conditions;

-  The client acknowledges that there is an existing issue with regards surface water flooding, but the proposed development will have no effect on this;
-  The applicant is willing to investigate and improve the current situation;
-  Any work will be undertaken with the approval of MU's Drainage team.

Impact on tourism / biodiversity

-  Due to the hilly nature of Port Erin, the proposed building could be viewed from a distance but will sit comfortably among the other buildings in the surrounding area;
-  The site appears to have no significant habitat issues;
-  Consultation has been undertaken with Dr Selman from DEFA;
-  The existing building is not currently registered on the Bat Database and the trees and planting are being retained wherever possible.

Appropriateness of proposed use in this location

-  This proposed nursing home will be the only nursing home in Port Erin, with the nearest alternative being Abbotswood in Ballasalla that consistently trades at 100% occupancy 6 miles away;
-  The South currently has fewer nursing beds than the West (predominantly Peel), East (predominantly Douglas) or the North (predominantly Ramsey);
-  A recent comment on social media by a Port Erin resident noted the nearest available nursing bed he could find for his father was in Ramsey. This reflects the current 'supply versus demand' profile of nursing beds on the Island, where there is a clear shortage of nursing beds currently - and which is expected to get worse in the next few years.

The public right of way connecting Bradda Road with Bradda Glen Close

-  The existing narrow lane does not serve any purpose or access to other land and the extinguishment of the lane was approved in a previous planning application [case officer note: that is, PA 14/00818/A, which did not "approve" the extinguishment of this lane - see case officer assessment at paragraph 3.2 of this report];
-  The entry and egress points to the lane are both sub-standard junctions.

Land stability; Effect on private view / property values; References to planning policies and planning history No specific comments were made in the letter received. Other / General

-  The client has extensive knowledge of nursing care homes and confirms that the building as designed can operate successfully and efficiently.
-  The proposed development is residential, not commercial;
-  Circa 60 direct full-time jobs, made up primarily of care related staff though complimented by ancillary staff such as cleaning, catering, maintenance, will be created;
-  The aim is always to recruit as locally as possible to encourage walking and cycling to work as well as helping the business become an integral part of the community;
-  There will therefore be a range of jobs available for local people, with opportunities for flexible working, and in a new, modern environment forming part of a sustainable business;
-  The business will bring indirect benefits to existing local businesses through the purchasing of commodities required in the business - e.g. food, cleaning, as well as use of local cafes, supermarkets, etc. by staff and visitors to the care home. Visiting family members and friends are always encouraged to take residents out for excursions and of course this would result in an increase in footfall for local businesses;
-  The annual Rates figure is estimated to be £15,000-£20,000 per year (based on known figures for similar size care home in Douglas), as compared to nil Rates being received from the derelict former hotel currently located on the site;
-  We trust that the Planning Department will consider the above points prior to any recommendation being made;

-  In conclusion, the applicant believes the development has been sensitively designed to reduce any impact on the locality and fits with the architectural character of the area;
-  The applicant respectfully requests the Committee grant approval for this much-needed Nursing Care Home.

5.8 A representative of a number of the residents who offered objections to the application (see Section 5 of this report) emailed the Department their concerns with points made in the Transport Assessment, these concerns being received 27th October 2017, and summarised as follows:

-  The Transport Statement is contradictory, ill-researched and ill-informed;
-  Clarification is needed with respect to whether or not the proposed facility is a nursing home with beds only or has a care home element as required minimum staffing levels will differ between these uses;
-  Spaldrick House was last operated as a hotel over 30 years ago. The second of the two application sites is an unimproved field and not part of the building’s curtilage;
-  The eastern side of Bradda Road is used by residents - largely those of Spaldrick Dip who have no vehicular access to their houses and little adjacent kerb space;
-  Overflow parking from the proposed home along with garbage collection and delivery vehicles would create a roadbloack and obscure visibility for cars leaving / entering Bradda Glen Close;
-  This would suggest there is a good, highway-related, reason why the development should not gain planning approval;
-  As well as existing dwellings, Bradda Road carries vehicular traffic relating to farms (tractors; livestock trailers; milk tanker; the fleet of home / commercial delivery vehicles and of course livestock), Bradda Glen Café (holding in excess of 60 weddings and other functions per year, and which is open all year round), Bradda Glen and Bradda Head (with a steady stream of visitors / residents using the car park); self-catering, B&B and homestay establishments; the admittedly skeletal 28 bus route, and school buses;
-  This is a popular route for groups of cyclists and bikers during motor cycle festivals, and is also part of the End to End Mountain Bike Challenge as well as being the access road for events such as fellrunning championships;
-  There is no line of sight along the angled Bradda Road, and exit from both Meadowfield and Bradda Glen Close can be hazardous;
-  The ‘public route’ is bradda Old Road, the original sole road to Bradda, and is used by residents of Meadowfield and Bradda Glen Close as a safer route;
-  The Automatic Traffic Count excluded traffic relating to 20 dwellings on Meadowfield and the Bradda Court Apartments;
-  It cannot be correct that only 18 staff would be on duty at any time. Domestic and catering staff would not work a 24-hour roster and it is therefore likely that an additional 10 staff would be on duty during the day. Elsewhere in the application it is stated that there would be approximately 25 staff on site during the day, and further clarification is needed;
-  The applicant has misinterpreted a planning officer’s comments, as the existing public highway only could be capable of being extinguished. Such a proposal would impinge on the amenity of surrounding residents. This is also part of the alternative section of the Raad ny Foillan;
-  The removal of a public highway cannot be authorised without a full public consultation and Tynwald approval;
-  The correct name for ‘Meadowfields’ is ‘Meadowfield’;
-  Traffic flow on Bradda Glen Close would not be reduced given it is one of the surrounding streets proposed for overflow parking;
-  One parking space per three residents in addition to spaces for staff and deliveries means the 24 spaces proposed do not meet the Strategic Plan standards;
-  Operational parking spaces are also required for ambulances and service lorries in the UK Government Planning English Parking Standards, and a nursing home will have visiting health professionals like chiropodists and funeral directors;
-  Why is the entire width of Bradda Road included in the layout drawing?
-  Referencing other Manx nursing homes, 72 beds would require 6 x 1100 litre bings or equivalent emptied three times per week, or 18 x 1100 on a weekly collection or 12 x 1100 twice weekly. Using small bins, a once weekly service would require 83 x 240 litre or 30 x 660 litre bins;
-  It is totally unacceptable to propose refuse collection and service delivery be carried out off-site on Bradda Road;
-  The road is not wide enough for this activity, as previous events have resulted in cars parking on both sides and blocking the bus, farm tractors and service vehicles for Bradda Glen;

-  Delivering, emptying and returning the large number of waste bins would block the pavement for substantial periods. Any spillages would be on public highway;
-  The nearest access to the building is on the other side of the kitchen, facing the car park, so vehicles would be parked for a considerably period to allow goods to be ferried into the building;
-  The current lawful use of Spaldrick House is as a private residence, with home offices;
-  The existing route is capable of providing access to large vehicles - Port Erin Commissioners’ waste vehicles use it, as have large skip vehicles recently while Spaldrick House has been being emptied;
-  Bradda Road has never been used as a delivery point for Spaldrick House when it was a hotel;
-  Why is there no provision for security of the grounds?
-  The concept of workers walking from Port St. Mary, Ballafesson or Colby is particularly aspirational;
-  The bus stop opposite Bradda Court is served by three buses per day, between 9:30 and 1:30, serving Port Erin, Cregneash and the Sound;
-  The walking distances quoted may be suitable for sustainable modes of travel in sheltered, less hilly and more densely populated urban environments;
-  It is difficult to accept any statement in this documents as realistic;
-  The exposition of the advantages of travel by foot and bicycle was informative and uplifting, but this does not reflect the topography or weather conditions of the area;
-  The only cyclists braving the steep climbs and Switchback from Port Erin and Lycra-clad enthusiasts and training teams;
-  From autumn onwards the prevailing southwesterly gales channel up the bay, making this exposed area difficult for walkers to negotiate the Upper Promenade and Spaldrick in particular;
-  The residents at the head of Spaldrick are rarely able to open their front doors in winter;
-  The data referenced to a planning application for a residential care home relates to an application rejected on grounds of traffic and vehicle movements;
-  The report compilers have used good, sound, scientific tools, but have relied upon a ‘Standard UK town’ to define traffic patterns that cannot be used as a standalone, real-world approach for a specific solution;
-  We would not expect person and vehicular movements relating to Bradda Private Hotel 30+ years ago would net off the traffic generated by the current application;
-  Examples of UK parking provision cannot be relevant as they contravene the UK parking standards. The referenced UK locations have nothing in common with Bradda save their edge-of-town location. Transport infrastructure, local parking facilities, topography and weather conditions are not addressed and will have little in common with Spaldrick House;
-  We fail to understand how a planning application for a development of such magnitude can be valid when no provision is made for deliveries and waste collection on the site;
-  We have to question why this document was not submitted with the application.

5.9 That same representative used the opportunity to also respond to Dr. Selman’s comment on the application, the comments summarised below:

-  The remarks appear remarkably casual, especially relating to the field site;
-  Spaldrick House as been vacant and undisturbed for a number of years, and there are several areas of grounds undisturbed for decades;
-  The field site has never been developed. When the building was a hotel, it was used for horticulture, supplying vegetables. It has been undisturbed for 30 years aside from annual grass-cutting, which ceased five years ago and has been undisturbed since then. Grasshoppers were found on the field edge in the summer of 2017;
-  Under the circumstances, a biodiversity should be carried out.

5.10 That same representative used the opportunity to also respond to the agent’s response to the initial concerns raised by residents and the Commissioners with the application, with those responses summarised as follows:

-  We do not consider that much of the responses to our comments have any validity, with the following points being those we have to take particular issue with;
-  The Isle of Man differs from the UK. The population is thinly spread and residents are very committed to their areas. Few people in Ramsey or Douglas would want their relatives in a care home in Port Erin, just as Port Erin residents would not want their relatives in Douglas or the North;
-  We appreciated there is a projected shortage of nursing home beds on the Island, is there a sustainable demand for 72 beds in the South, given the relatively small catchment area?

-  Abbotswood does not have a waiting list except for the dementia wing. There is no mention of such a wing in this application;
-  Abbotswood have some residents in Douglas, being closer;
-  The immediate demand for beds can be resolved by the closed wings of Southlands being re-opened;
-  We reiterate that the 24 spaces is not in accordance with Appendix 7 of the Strategic Plan;
-  The claim that street-parking will not be required contradicts the Transport Statement claims;
-  The public amenity offered by the undeveloped field being developed is the view of the sea from the road and pavement, particularly affecting visitors to the Island and especially those using the Raad ny Foillan and the Coronation Footpath;
-  The development would totally change the streetscape from an open semi-rural outlook to an urban bulk close to the road;
-  The proposed development is a commercially operated nursing home and to say otherwise is breathtakingly disingenuous;
-  The building would obliterate scenic views, inserting a massive monolith on the view of Bradda Head and its environs;
-  Its being on the hillside makes it more prominent;
-  Residents of nursing homes require 24-hour care and do not often conform to accepted night and day behaviour so it is difficult to understand how there will be no light pollution;
-  How can a three- to four-storey-high building stretching across two blocks sit comfortably amongst the other buildings in the area when these are average-sized residences and a two-storey block of apartments?
-  Local employers already have problem recruiting, while the Southern region care home has great difficulty in recruiting even those they offer school- and family-friendly hours. They also routinely lose staff to Southlands, and Abbotswood also report difficulty in recruiting nursing staff. Bradda is too far from a pool of workers and there is little unemployment in Port Erin;
-  The opinion that the development has been sensitively designed is a brave and unsustainable one, as the design and positioning on the sites gives the appearance of an off-the-shelf product.

5.11 The owners / occupiers of 6 Bradda Glen Close separately responded to the agent’s response to the initial concerns raised by residents and the Commissioners with the application in an email dated 27th October 2017. The letter attached to the email included a pair of photographs showing a lorry that was parked for 16 minutes on Bradda Glen Close, during which time two residents used the existing highway connecting Bradda Glen Close to Bradda Road. They note that a quarter of an hour is a long time to wait when there is a need to collect children from school but if there is a need to get to hospital or your house is up in flames every second counts. They state that the lane is used regularly by the residents of Bradda Glen Close and needs to be kept open. - 5.12 Having had sight of the letter from which the above comments were summarised, the agent to the application responded in a letter dated 30th October 2017, commenting as follows:

-  “Consultation has been undertaken with Dr Selman from DEFA and he has confirmed that he is not currently aware of any existing habitat on the site. In addition, the main band of existing trees and planting is being retained. At the request of DEFA and within reason, the applicant would be willing to undertake the necessary surveys.
-  “A new care home in this location will cater for all future residents currently living in the south of the island and anyone currently in care homes further afield who would prefer to be located closer to family or friends in the south of the island. There was a comment on social media, around the time of submitting the planning application from a resident in Port Erin who had to send their elderly relative to Ramsey for a nursing bed, this clearly demonstrates that there is demand in the South of the island.
-  “Abbotswood certainly is full. Care homes are like any business, in that they are organic and can amend their business model (within reason) to where the demand is, and it can quite reasonably be foreseen that some bed spaces might indeed be allocated to EMI care in the future (important to note this won’t affect staff numbers, just the type of staff member/qualification). When compared with the north, west and east of the island, the south has the least nursing beds and hence this proposed business will ensure the long-term demand is met with the highest quality, most up to date, care facility on the island.
-  “Southlands is not a nursing home, rather a residential care only home run by the Government. The Government do not operate nursing homes on the island.

-  “We would reiterate that Highways Division have not objected to the application and the applicant has significant experience in these types of developments and can confirm the proposed parking to be more than sufficient for this type of development.
-  “…our applicant is fully aware of the process for closing and purchasing the road and it is anticipated that process will start immediately on being granted planning approval.
-  “…no visitors to the island will be affected by this development.
-  “Granted, the new development would change the streetscape, but the impact would be minimal, and the building would soon form part of the local community, with the advantages far outweighing any disadvantages.
-  “This is a residential type development i.e. people reside there full time, it is more akin to an over 55’s apartment complex/extra care living accommodation.
-  “The proposed development has no impact on scenic views and minimal impact when viewing Bradda Head from across the bay due to the existing band of planting being retained along the south-western boundary of the site.
-  “It is long proven that care homes operate routines, like those found in normal household living i.e. sleep during the night, awake during the day, therefore staffing levels decrease at night. There will of course be isolated incidents of people being awake during the night however this will be contained within the building and won’t affect neighbours. External lighting will be directional, and sensor/timer controlled.
-  “Only the plant room and external store located at the south-east end of the building provide a 4storey section due to the topography of the site sloping towards the junction between Bradda Road and Bradda Glen Close. The Plant Room and Store at lower ground floor level are accessed directly from the outside, there is no direct access from inside the building.
-  “It is accepted that care staff are difficult to get hold of on the island at present (though measures are being taken to address this by the government e.g. relaxing work permits, recruiting abroad etc) though that is no reason not to have a development pipeline of care beds where research clearly shows these are needed, certainly in the medium and longer term. In our experience new developments / businesses have no issue attracting staff and this is perhaps in part due to the appropriate scale of this development, being a healthy sustainable business, and able to offer very competitive packages.
-  “To reiterate our design concept, the development has been designed following careful consideration of site access, circulation, levels, parking, orientation, views and impact on neighbouring properties. Also, the type of building and topography of the site have contributed to the current positioning of the building.
-  “Spaldrick House is currently located tight to the northern boundary and does not form an established building line to Bradda Road or Bradda Glen Close. The distance between the new development and the existing properties in Bradda Glen Close is 20m minimum and in accordance with policy.
-  “The existing planting along Bradda Glen Close is to be retained with additional planting being provided to further 'soften' the boundary and screen the building.
-  “The design recreates the effect of three villas set on the hillside, separated by infill sections with contracting materials. To reduce the overall visual impact, the main elevations are punctuated by two storey projecting bays in a contrasting material.”

5.13 Having had sight of the letter from which the above comments were summarised, the Highways Consultant responded to some of the concerns raised, commenting as follows in a letter dated 1st November 2017:

-  “Firstly it is hereby confirmed that engineers from Sanderson Associates have indeed visited the site. Two of the companies Associate Directors visited the Isle of Man on 21 and 22 September.”
-  “2017 to undertake a number of meetings and site visits including those associated with this particular site.”
-  “The former use of the site as a hotel, as stated in the Transport Statement, has been questioned by the objectors. However, in terms of traffic generation it is considered almost irrelevant what the last/former use of the site was as there has been no netting-off of traffic applied within the Transport Statement i.e. all traffic has been treated as new to the network.”
-  “The parking standards in Appendix 7 of the Strategic Plan are “maximum” standards and, as such, a lesser provision may be considered acceptable. Each site is judged on its own merits having regard to the location of the site and the availability of public transport links

- and sustainable travel opportunities. It is not considered appropriate for developers to provide more parking than is required to enable the proposed development to operate effectively so as not to seemingly promote car travel. This is to ensure that measures to encourage travel by sustainable means are as effective as possible.”
-  “The applicant has extensive experience of developing and operating sites of this nature and has used this experience to develop the proposals for this site. Alongside this, Sanderson Associates have utilised the information available on the TRICS database whereby similar sized facilities were analysed in terms of the ratio of number of beds to parking spaces. This approach was agreed with the Highways Department prior to the submission of the Transport Statement.”
-  “The issue of potential overflow parking is also raised as a concern and in response to this point it should be acknowledged that during our visit to the site a number of vehicles were observed parking on-street on the north-eastern flank of Bradda Road. These vehicles were not observed to cause an obstruction to the free flow of vehicle movements and a number of spaces remained available.”
-  “It is equally considered that were vehicles to park on the south-western flank of the carriageway visibility from the junctions to the north would not be restricted to such an extent that highway safety would be compromised.”
-  “In terms of general servicing and refuse collection it is confirmed that the refuse collection service will be provided by the Port Erin Commissioners in the form of three collections per week. The developer/operator of the proposed facility has confirmed that this would result in four bins being required at the facility which would subsequently minimise the length of time that the refuse collection vehicle would be required to stop on the carriageway of Bradda Road. This length of time is considered to be consistent with the general collection of waste from a typical residential street whereby the vehicle would wait while several bins were processed at the same time.”
-  “The presence of refuse vehicles on the public highway is a day-to-day occurrence which is considered to be a temporary event that drivers would encounter on a regular basis. Similar situations occur along bus routes and where there are small retail outlets.”
-  “It is also anticipated that other deliveries e.g. to the facilities kitchens, will be made within the site and further detail on this aspect of the proposal is provided in the supporting letter from McGarrigle Architects.”
-  “Whilst it is acknowledged that Bradda Road does indeed serve non-residential properties it is considered that the area is “predominantly” residential in nature. It is further considered that Bradda Road in the vicinity of the site and towards Port Erin is suitable to accommodate the traffic levels currently on the network and the traffic predicted to be generated as a result of the redevelopment of Spaldrick House.”
-  “With regards to sight lines from the access point to Bradda Road Sanderson Associates, on behalf of the applicant, commissioned an Automatic Traffic Count (ATC) via the Department of Infrastructure. The resultant data has been used to determine the sight lines required at the proposed access point.”
-  “The objectors have questioned the actual positioning of the ATC equipment which was positioned on Bradda Road uphill from the entrances to Meadowfield and Bradda Court apartments. It is suggested that traffic relating to 20 dwellings was, therefore, excluded from the survey. I can confirm that the location of the ATC equipment was agreed with the DoI prior to its deployment. It was situated in this location on the basis that it had previously been established that adequate visibility was available to the right on exit from the proposed access point and that the chosen location was the most appropriate location in terms of being able to obtain the most representative vehicle speed. The ATC equipment was in place for a week long period and was operational 24 hours per day. It is, therefore, considered irrelevant that certain properties were “below” the ATC equipment as a substantial amount of data was gathered in the exercise.”
-  “It is considered that there are appropriate pedestrian facilities available in the vicinity of the site. There is a footway on Bradda Glen Close and on both sides of Bradda Road providing safe routes for pedestrians. It should be noted that walking and cycling are not the only means of sustainable transport that would be promoted to future staff members of the

- development. Other options include car sharing and the use of the public transport facilities that are available. It should be noted that is not uncommon for people travelling to work by non-car modes to make alternative arrangements at different times of the year to take into account seasonal weather conditions.”
-  “Our assessment of the location of the site confirms that it is within the appropriate catchment area in terms of access to facilities, which is 2km, and this is acknowledged by the Highways Dept.”

5.14 The residents of 'Lorne House Lodge', Douglas Street, Castletown made additional comments to those received on the 6th October 2017. The later additional comments were received on the 1st November and are summarised below.

-  The 1:3 ratio in the Strategic Plan should be regarded as a minimum and given the location (remote from regular public transport and a steep climb uphill from Port Erin) staff are more likely to drive. This will leave few off-road spaces for visitors who will park on the public roads, which is already well sued for parking and with few spaces unless paring is on both sides which given the narrowness of the road could lead to highway safety issues. A minimum of 36 car parking spaces should therefore be provided to ensure that parking on surrounding lanes does not take place
-  The legal issue regarding a private company unilaterally assuming ownership of a public road should be resolved prior to a decision. If the road is extinguished then Bradda Glen Close should be widened form that junction up to the main road in the interests of highway safety, especially as the sightline is very poor (and this should be made a condition if it is approved)
-  The Transport Statement makes incorrect assumptions about the availability of public transport and appears to be based on the route maps rather than the timetables with the first us arriving after the start of the shift (given as 8am) and the last bus leaves before the end of the shift (given as 2pm). This means there is no suitable bus service to Port Erin bus station. The report is therefore fatally flawed. The comparisons made in the assessment may not be valid, given the remoteness of Bradda. Therefore an amended Transport Statement is required.

6.0 ASSESSMENT - 6.1 Fundamentally, the site is considered suitable for development due to its zoning and proximity to Port Erin's main services and amenities. Some people may take the view that the proposed care home use does not comply with the zoning. However, the term 'residential' implies a level of overnight accommodation that is reflected in the development proposed here. It should, at this early stage in the assessment, be very clearly stated that the application site does not have a site-specific allocation in the Area Plan, contrary to a number of the objection letters received. Site 20 is situated further down Bradda Road, and the wording applying to it at paragraphs 4.57 and 4.58 in that Plan have no bearing on this application. - 6.2 It is noted that none of the objections to the application has raised a possible conflict between the land use zoning and the development proposed, albeit that the site-specific impacts of this specific use have been of significant concern. In order to reach a view on the acceptability of the application with respect to those impacts, the following issues need to be considered:

-  What is the likely impact of the use of the site as a nursing home on local living conditions?
-  What is the likely impact of the building proposed on local living conditions?
-  Is the design of the building appropriate?
-  Is highway safety adequately addressed?
-  Has tree-planting and landscaping been properly considered?
-  Is the extinguishing of the public footpath acceptable?
-  Are the proposed methods of treating foul sewerage and flood risk acceptable?

What is the likely impact of the use of the site as a nursing home on local living conditions?

6.3 There are 72 bedrooms within the proposed building, which will also obviously attract workers', visitors' and delivery vehicles, and without any extant planning approval for a defined

- number of residential units it is difficult to clearly balance the traffic movements of that here proposed and a residential use. The site is already on a well-used road through the village. Traffic movements may be more spread throughout the day with the proposed use because employees will need to be on-site throughout a 24-hour period, whereas traffic movements associated with a residential use would tend to be more concentrated at the beginning and end of the working day. It is also possible that more emergency vehicles may need to attend the site under the proposed use than a residential use, but this is to be somewhat expected in those settlements where there is a greater density of population than some of the more scattered hamlets on the Island. It is recognised that the Bradda area is less densely populated than the centre of Port Erin, but it is not hugely different to the majority of the settlement in this respect.
- 6.4 It is to be remembered that there is a clear presumption in favour of some form of residential development on this site and this use will bring with it vehicle movements and some level of concomitant disturbance. Directing traffic for the building onto Bradda Road will help reduce this disturbance since there are no occupied dwellings situated next to the proposed junction. What is the likely impact of the building proposed on local living conditions?

6.5 This is a slightly different question, as it relates to the impact of the building proposed on matters such as privacy, rather than comings and goings associated with the use. In this case, it is clear that the main dwellings to be affected by this building will be those on Bradda Glen Close to the south. While the agent has stated that the proposed building is lower than Spaldrick House, the difference is measured in millimetres and therefore limited weight can be given to this. It is also to be strongly noted that the proposed building has a large mass and footprint, and a larger number of windows, than Spaldrick House. The argument of the agent that the balconies will be rarely used is accepted, but this does not remove the amount of glazing and therefore the argument also does not address the perception of overlooking. This is an important point and one that has appeared in a number of the objection letters received. - 6.6 The existing and proposed buildings are screened from the nearby dwellings by vegetation both within the application site and also fronting those dwellings. While some trees are proposed for removal, many others are proposed for planting in their place, and accordingly the natural screening between the new building and existing dwellings will be reinforced to a large degree and in the fullness of time by what is proposed. The additional (and existing) vegetation screening will help, as will the oblique angles the proposed building will be set against those that exist. Indeed, the vegetation along the southern side of the site is really quite robust and will soften the intervisibility between the existing and proposed development quite significantly - more so once the additional planting has properly taken, though it is accepted that the exposed location may slow the growth of trees here. - 6.7 It should not be ignored that there is already a significant building on the site that could (unlikely as it may seem) be brought back into use as a hotel today. The additional massing of the building proposed, along with its being brought nearer and with a greater level of glazing, will unequivocally, bring a change in the relationship between the existing dwellings and the application site. - 6.8 Both the existing dwellings on Bradda Glen Close and the new building would have a large number of windows, but none are considered to have a particularly large proportion of their elevations formed of glazing. This means that the windows facing south towards the dwellings of Bradda Glen Close are not predominant on the proposed elevations. - 6.9 Finally, it is worth being mindful that the dwellings on Bradda Glen Close will inevitably have their primary living accommodation facing towards the Bay below. This means that the windows within those dwellings facing north are unlikely to be used particularly regularly, with those to the rear likely to be the principle and most important windows to current residents in terms of

- protecting privacy. That these dwellings have a dual aspect also means that it is difficult to conclude that there is an unduly harmful overbearing impact on those dwellings.
- 6.10 In view of the above, it is not considered that there will be such a reduction of privacy or an overbearing impact so significant as to warrant the application's refusal. This is very much a balanced view, however, and the site visit was instructive in reaching the conclusion.
- 6.11 With respect to the impact of the building relative to existing dwellings on the eastern part of the site - i.e. where there is currently no building - this is perhaps more difficult to rationalise. Again being mindful that the dwellings largely face towards the sea, it is also noted that those to the southeast of the application site are angled away from the building such that direct overlooking will not be readily achievable. There will undoubtedly be an effect from the building in terms of its massing, and in terms of the large glazing proposed to the southeastern section, including a terrace below with balconies above. The building will also be set far higher than the existing dwellings to the south. It will also be set a minimum of 20m away from them. This 20m distance is a rule of thumb employed where habitable rooms face one another - it is not considered to be a particularly helpful assessment point in the case of this application given the different topography in the area and the differing styles and uses of the existing dwellings and proposed building.
- 6.12 It is noted that the majority of these dwellings are bungalows, and moreover some have their driveways situated at road level, acting as something of a 'barrier' between the application site and these dwellings. In view of their existing low situation on a hillside, it is not considered that these dwellings could be said to be harmfully affected in privacy / overbearing terms by the proposed building.
- 6.13 The two-storey dwelling, 7 Bradda Glen Close, may be said to be more affected since it is situated higher than those alongside, and also is two-storeys in height and therefore has more internal living accommodation. However, there is a very significant angle between this dwelling and the proposed building. The agent states that the angle is 60 degrees. The proposed site plan shows the existing dwelling and proposed building, and there is a 24m distance between the two nearest corners. Between the proposed building's terrace and the nearest window at 7 Bradda Glen Close, the distance is roughly 26m. The relationship / siting of the dwelling and proposed building is concluded that the outlook and privacy of 7 Bradda Glen Close will not be unduly adversely affected by the proposed building.
- 6.14 In terms of the impact to the north, the nearest dwellings are side-on and there are no windows within the gable wall facing onto the site. There are other windows, and balconies, in these apartments, though, and these apartments naturally face south / southwest towards the coastline. The views from these properties will certainly be significantly affected by the proposed development, but the test is the extent to which their outlook will be affected.
- 6.15 The proposed building's somewhat (and purposefully) fractured massing will help reduce its impact on neighbouring outlook. There is a communal garden area in front of the Bradda Court apartments. The outlook to the southwest would not be significantly affected by the proposed development given the proposed building's position and distance from those dwellings and, also, being mindful of the existing building that already interrupts the outlook. Taken together, this means the effect on the Bradda Court apartments to the north would not be so severe as to warrant the application's refusal. These apartments have communal gardens, and would retain open views beyond the proposed building. They also have a dual aspect, with views towards the north.
- 6.16 It is fully accepted that this will be a conclusion that is not accepted by those residents that have understandably raised concern with the application, but the Department must be clear on the difference between a private view and outlook, only the latter of which being a material consideration. For the reasons outlined, the effect on the outlook from the proposed building is not concluded to be adversely harmful, albeit this is a balanced view.

6.17 Concern raised in terms of lighting can be addressed by way of planning condition. Any form of development here - which the site is zoned for - will have some light impacts. Concerns that the building will be lit all day, every day seem unlikely to manifest themselves in reality since all people need to sleep. While there may be additional light arising from this scheme relative to a residential use, it is not considered likely that the building will be so brightly lit as to affect residential amenity. The points made by the architect in this respect are noted, and a condition seeking a lighting scheme would be appropriate in this case. - 6.18 Concerns raised regarding noise and refuse are not fully understood. People of any age or stage can make noise, while any form of residential use would create refuse storage requirements. The latter is a matter that would be addressed through Environmental Health legislation should an issue arise. With respect to the former issue, this may also be an Environmental Health matter: however, it is likely that, with carers on hand, any noise made by residents will hopefully be addressed swiftly and with care and dignity. Is the design of the building appropriate?

6.19 The architect expresses the view that the building is designed to look like three Victorian villas with infill, connecting sections. He has noted the nearby Meadowfield dwellings as being the most attractive architecture in the area - which argument is certainly agreed with - and has consequently taken this as the inspiration for the design of the building proposed. It is not considered that the building does quite follow through on this aim, but nevertheless it is considered that the building is well-designed in its own right. The bay features, hipped roofs and traditional wall and roof finishes do clearly hint at a Victorian aesthetic, but villas would not normally be arranged at angles to one another and, moreover, the infill connecting sections are proportionally quite large and therefore feel very much a part of the overall massing rather than as subordinate elements of the building. - 6.20 However, as noted, none of this is to say that the building is unattractive or inappropriate for the area. The use of traditional finishes - to include some natural stone - with some contemporary additions is welcomed, while the overall 'language' is judged to be quite clearly one of a care home or similar use. As such, it is concluded that the design is well-considered in its own right, and makes good use of what is an unusually shaped site. - 6.21 It is true that a building of the mass proposed would be the largest in the area, but it is a matter of fact that there will always be one building bigger than others, and the test has to be whether or not this size / mass is unduly harmful to public amenity. Is highway safety adequately addressed?

6.22 The views of Highway Services are relied upon. The extensive Transport Statement (TS) and follow-on comments received from those who prepared the TS are helpful in addressing the impacts arising from the proposal. It is noted that the number of parking spaces provided reflects that of the Strategic Plan requirement for care homes. While there has been some significant concern raised about the lack of parking within the site, and also the lack of servicing space, the parking requirements as set out in the Strategic Plan reflect established need for such facilities as this, and is a document adopted by Tynwald. There therefore needs to be a good reason to require an alternative level of parking provision. - 6.23 Highway Services have noted that the vehicle movements projected in the TS are realistic. They also note the nearby presence of bus stops, though it must be acknowledged that services using these stops are not particularly regular. However, the fact remains that Port Erin is a sustainable settlement and it is reasonable to conclude that local people could be employed here and could employ non-car modes of travel. There is also sufficient on-road parking on Bradda Road

- which is not controlled by yellow lines - to provide some overflow spaces should any be needed. However, in view of the above, it is concluded that the level of parking proposed is sufficient.

6.24 In terms of the safety of the access, the visibility splay required for the number of vehicle movements can be provided. Though a new access is proposed to be sited opposite to an existing access (Meadowfield), this is a cul-de-sac with limited numbers of vehicle movements. It is not considered that the proposed access would be unsafe given expressed views of the professional highway engineers – both those appointed by the applicants and also those within Government. Has tree-planting, landscaping and biodiversity been properly considered?

6.25 The tree-planting and protection plan has met with the approval of the Arboricultural Officer who has considered both public and private amenity in reaching his judgement. The conditions recommended are considered essential given the importance of providing an appropriate softening along the application site's boundary to provide screening between the existing and proposed buildings. - 6.26 The proposed gardens are considered necessary for the benefit of residents, and their simple finish is similarly necessary to avoid creating problems for people who may be inform or have manoeuvrability problems. Green space is welcome in providing the building with some 'breathing room'. Such space would be needed if the site were developed for residential purposes and is therefore appropriate here. - 6.27 In terms of the need for a bat or bird survey, the comments from the Biodiversity Officer in DEFA are instructive. This seems to be an occasion where a survey would be worth undertaking from the developer's point of view, but is not necessary to be required by condition as it would not be necessary. Is the extinguishing of the public footpath acceptable?

6.28 Recreation Policy 5 is clear that public footpaths should be retained unless an alternative, and equally direct, route is provided in its place. In this case, Bradda Glen Close is already connected to Bradda Road, and while the benefits mentioned in local objections to the application are understood these do not in themselves form a reason to refuse the application. Are the proposed methods of treating foul sewerage and flood risk acceptable?

6.29 The comments of the professional flood risk engineers at Manx Utilities are relied upon. While the concern of local residents is noted, it would appear from the MU's comments that the development actually presents an opportunity to address the existing 'ponding' in the area. No concern is therefore raised on this point.

7.0 CONCLUSION - 7.1 It is clear that the development proposed has caused great alarm locally. Development on this scale can sometimes be quite uncontroversial, and can sometimes raise concern such as has been raised here. The building proposed is large in massing, and would represent a notable change from the site's current appearance. - 7.2 Conclusions on several of the matters have been balanced. In such circumstances, consideration should be given as to whether or not the cumulative effect of these individual 'balances' is sufficient on which to conclude an application is unacceptable. It is also appropriate to give strong weight to the objections received from local residents, especially since such concern amounts to nearly 30 unique letters of objection. - 7.3 However, it should also not be ignored that the conclusions reached on each of the key elements of the application have been favourable. The concern made has been well-considered and understandable, but they do not combine to form a substantive reason to refuse the application.

7.4 The design proposed is judged acceptable. While it does not, perhaps, fully follow the 'three villas' concept set down by the architect, it nevertheless is considered to be a well-considered response to an irregularly shaped site and which reflects a care home 'language'. It also has sufficient detailing and differentiation as to mean it does not appear particularly institutionalised as can be the case with some facilities that have some element of care. - 7.5 Strong material weight should also be given to the fact that the applicant is experienced in this field and has proposed a scheme that they feel meets a defined need. It is reasonable to conclude that the proposed development reflects a business need, for otherwise it is difficult to understand why the application would have been submitted. Therefore, it is reasonable to conclude that the development would provide a welcome facility for people in need of physical and mental support, and in the absence of clearly undue adverse harm on private or public amenity, it is concluded that the application is acceptable - subject to a number of conditions.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
- (d) Highway Services Division of Department of Infrastructure, and
- (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision-maker must determine:

- o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material, and
- o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Refused Committee Meeting Date: 13.11.2017 Signed : E Riley Presenting Officer Further to the decision of the Committee an additional report/condition reason was required YES/NO See below

### Planning Committee Decision 13.11.2017

Application No. : 17/00947/B Applicant : Spaldrick Care Ltd Proposal : Demolition of existing building and erection of a 72 bedroom residential care home with associated car parking, access, landscaping and highway alterations Site Address : Spaldrick House Bradda Road Port Erin Isle of Man IM9 6PQ Presenting Officer : Mr Edmond Riley Addendum to the Officer’s Report The Members expressed that while they were not opposed to the principle of the development, they felt the scale of the proposal excessive.

The Members debated reasons for refusal, and following a further vote determined the reasons to be their concerns with regard to overlooking, the size and scale of the proposal, and the overdevelopment of the site.

### Reason for Refusal

- R 1. By virtue of its size and position, the proposed building fails to respect the site and surroundings in terms of its siting, layout, scale, form, design and would therefore represent overdevelopment by adversely affecting the character and amenity of the locality. The proposed development is therefore contrary to parts (b) and (c) of General Policy 2 of the Isle of Man Strategic Plan 2016.
- R 2. By virtue of its size and position, the proposed building would provide new views over dwellings on Bradda Glen Close at an uncomfortably close distance and would therefore comprise development that would adversely affect the amenity of the occupiers of those dwellings, contrary to part (g) of General Policy 2 of the Isle of Man Strategic Plan 2016.

## Customer note

## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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*Canonical page: https://planningportal.im/a/22312-rushen-spaldrick-house-bradda-road-demolition-parking-alteration/documents/1021877*
