**Document:** Officer Recommendation Report
**Application:** 10/01832/B — Erection of a dwelling and creation of new vehicular access
**Decision:** Permitted
**Decision Date:** 2011-03-15
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/275-lezayre-maughold-lodge-dwelling-vehicular-access/documents/1240708

---

# Officer Recommendation Report

driveway/retaining wall would be at its highest point. This landscaping will compliment the existing mature landscaping which already exists and is proposed to be retained. The applicant has also undertaken a survey of the landscaping along the eastern boundary, opposite various points of the driveway. This survey shows that a number of hedgerows have an approximate height of 109.5 over datum, whilst the highest part of the driveway has a datum level of 107.00. The driveway gradually decreases to a ground level of 98.00 , where the parking and turning area is located next to the proposed dwelling. The driveway has a gradient of 1:7. To create the main vehicular entrance, driveway and to overcome visibility issues, some imported fill is required. The applicant has indicated that a total of of imported fill will be required for the creation of the driveway ( 6 lorry loads). This is less than the previous scheme, given that the more excavated material will occur, because the building datum would be reduced by 0.5 metres. The applicant considers that this would be acceptable as a provision has already been made within the design of the driveway and retaining walls, to minimise the visual effect of the earthworks on neighbouring properties. Overall, it is considered, given the distance from the boundary, the relatively low height of the retaining wall which gradually decreases, the existing boundary treatment, further proposed landscaping (medium height tree \& shrubs) and the finish of the retaining wall, the proposal would not result in an adverse overbearing impact upon the outlook and/or perceived overlooking over the neighbouring properties within Queens Valley and therefore overcomes the previous reason for refusal. Parking provision and access arrangements In agreement with the neighbouring owners, the new vehicular entrance onto Claughbane Walk is proposed to be a combined entrance, providing improved visibility for the owners of Maughold Lodge and also providing the required visibility splayed as required by the Highway Division. Additionally, the new entrance can be used as a passing place which will further improve highway safety for this part of Claughbane Walk. The previous application submitted a similar scheme for access arrangement, which was considered acceptable by the inspector and subsequently the Minister. The Highway Division have considered the scheme and have no objection to the proposal. For these reasons it is considered the proposed access arrangements would be an appropriate form of development, which would have no significant impact upon all users of the public highway. Amenities for the future occupants of the proposed dwelling From studying the plans it is considered the internal living accommodation within the proposed dwelling would be more than adequate, and therefore acceptable. The previous Inspector raised concerns that the due to the steep slopes surrounding the proposed development, there would be little practical amenity space value. Due to this he concluded that the amount of useable amenity land would be less than adequate for such a large dwelling in this suburban setting. However, this was not given as a reason for refusal. When the initial detailed application was considered by the Inspector, he commented that whilst the rear garden would have a rather confined outlook and would receive only a limited amount of sunlight, this was not a compelling objection to the proposal. Whilst the scheme was not refused on the grounds of unacceptable external amenity space for future occupants of the dwelling, the applicant has tried to indicate that this proposal would provide an acceptable and useable amount of amenity space, especially to the rear of the property. The new scheme, which includes cross sections of the site, shows that whilst there would be slopes down to the boundaries of the site, they would not be significant, and would provide an acceptable amount of amenity space for future occupants of this dwelling. Furthermore, the new siting of the proposal gives a rear garden area with a minimum depth of 8 metres which gradually increases to 12 metres. Overall, it is considered that the external amenity space is acceptable due to the front, side and rear gardens, which are fairly large for a dwelling located in a town location. Appearance upon the street scene From the Claughbane Walk and Crescent East it is considered the proposal would not be particularly apparent, given the boundary treatment along Claughbane Walk and Crescent East, and the ground level differences between the road and the ground level of the proposed dwelling. Additionally, the design and finish of the dwelling would be appropriate in this location. ## Recommendation Overall, it is considered, due to the reasons given within the assessment section of this report, that the proposals would comply with the relevant policies as stated within the Isle of Man Planning Scheme (Ramsey Local Plan) Order 1998 and the Isle of Man Strategic Plan. Accordingly, it is recommended the application for an approval. ### Party Status It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Ramsey Commissioners 30 Queens Valley, Ramsey 31 Queens Valley, Ramsey Ardwhallin House, West Baldwin, Braddan (Owns the 2.5 acre site to the north of the application site) It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status: Mr Martyn Quayle - Member of The House Of Keys For Middle The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the Planning Authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 01.03.2011

### Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal

## 0 : Notes attached to refusals

### C 1.

The development hereby permitted shall commence before the expiration of four years from the date of this notice.

### C 2.

This approval relates to the erection of a dwelling and creation of new vehicular access as proposed in the submitted documents and drawings  and 0713A/09 all received on 10th December 2010.

### C 3.

Prior to the occupation of the dwelling, the access onto Claughbane Walk is to be completed to the required standard of the Department of Infrastructure's Highway Division and the hardstanding/driveway to the dwelling is to be completed to allow the required parking provisions to be used.

### C 4.

Prior to the occupation All planting shall be carried out in accordance with the approved details in the next available planting and seeding seasons. Any tree or shrub which within a period of 5 years from the completion of the landscaping works, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with another similar size and species, unless the planning authority gives written consent to any variation.

I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made :
 Authority Meeting Date :

Signed :
Presenting Officer
Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate

---

*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/275-lezayre-maughold-lodge-dwelling-vehicular-access/documents/1240708*
