**Document:** Planning Justification Statement
**Application:** 16/01401/B — Erection of a detached dwelling with associated driveway and access and erection of stables
**Decision:** Refused
**Decision Date:** 2017-08-22
**Parish:** Michael
**Document Type:** report / planning_statement
**Source:** https://planningportal.im/a/22001-michael-cass-lergy-dwelling/documents/1323384

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# Planning Justification Statement

This solution has numerous advantages:

## 1. Effective use of land

The amount of land required by the proposal is minimised and allows the land behind Cass A Lhergy to be utilised for horse paddocks - see point 4 below.

### 2. Neighbours unaffected by the alternative access proposed in the application

Forming a new independent access off the highway has no adverse impact on existing neighbours whereas using the existing driveway would cause considerable disruption to Cass A Lhergy and to a lesser degree other residents in the area particularly during construction. Due to the width of the existing drive at Cass A Lhergy, if this access was to be used during construction, the cars parked on the drive would be forced to park elsewhere to allow heavy vehicles and machinery access to the site. There are currently five vehicles belonging to the residents at Cass A Lhergy plus visitors which would put parking in the vicinity under severe pressure.
Once constructed, two additional houses using the Cass A Lhergy access will further disrupt Cass A Lhergy from the additional traffic flowing through the driveway, infringing on privacy and restricting the existing parking space the house currently has.
A separate driveway would have no negative effect on Cass A Lhergy or the surrounding area.

### 3. Safer access

The new access will achieve the most up-to-date safety standards in terms of road visibility splays. The proposed separate driveway will have improved radii thus enabling vehicles to enter the drive from the main road in a more expedient manner than the Cass-A -Lhergy access currently allows.

### 4. Better for horses

During the spring and summer months, the horses' grass has to be restricted to prevent Laminitis (an illness which horses develop quickly from too much grass) by keeping them in fenced paddocks. The fields where the horses are kept have a very steep gradient which restricts where the paddocks can be positioned as the paddocks need to be flat to accommodate for any illnesses or injuries and also be close to the gate for monitoring. The only workable location of the paddocks therefore is the stretch of field at the bottom of plot 1 where the existing field gateway is located. This is not only one of the flattest parts of all the land but also allows access to water and also allows the horses to be observed from plot 1. Putting the driveway through Cass A Lhergy would inhibit this.

### 5. Addresses Planning Inspector's concerns

Section 25 of the inspectors report states that "The frontage bank and trees contribute significantly to the streetscene and rural character here". The positioning of the access point fully respects this. The manx bank remains in-tact bar where the entrance is actually formed, and additional tree planting to the east of the proposed drive will ensure the rural character is safeguarded and indeed improved.

Section 29 of the appeal inspector's report states that the garden facing the road should impart the character of front gardens. Having a separate access from the road addresses this as the driveway would define the roadside as front gardens rather than back gardens as would be the case if the existing access through Cass A Lhergy was to be used.

### 6. Energy saving

The proposals allow both houses to be orientated to take advantage of the views towards the coast whilst at the same time preserving the south east and south west facing element of the house for living accommodation where solar gain is an important aspect of low energy house design.

#### House design for plot 1

One of the key design elements of a passive/eco house design is a simple layout that minimises heat loss and maximises heat recovery options. The layout of the house for Plot 1 follows this simple yet efficient design and enables maximisation of comfortable living space in the most energy efficient manner, with Bathrooms and Utility areas neatly located above each other at the northern end of the site which optimises heat recovery solutions.

The open plan living accommodation has windows facing North West & South West with the resultant benefits that this brings not only in terms of solar gain at the time of day when heat is most needed, but also in amenity terms where the North West facing windows take advantage of the costal views.

The garage has been nestled neatly into the landscape through the use of an aesthetically pleasing retaining system where creepers/green wall technology can be added to create a greener environment where required.

![A hand-drawn architectural elevation sketch depicting a proposed two-story detached house with an attached garage and outbuilding on a sloping site.](https://images.planningportal.im/2016/12/185401.jpg)

![A perspective sketch or rendering of a proposed two-story detached house with an adjacent garage or outbuilding.](https://images.planningportal.im/2016/12/185404.jpg) The rural nature of its design responds favourably to its setting with its East/West orientation being at one with other houses in the area.

![Architectural perspective sketch of a proposed two-story detached house with an adjacent outbuilding.](https://images.planningportal.im/2016/12/185403.jpg)

The relationship of the house with the garage and stables is ideal with the farmyard effect being at one with its surrounding

## Compliance With Planning Policy

As a result of the approval in principle, this land is zoned for residential development. Our comments on compliance with General Policy 2 are therefore set out below:

### General Policy 2

Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
(a) is in accordance with the design brief in the Area Plan where there is such a brief;

- Brief taken from the surrounding houses and landscape
(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
- As per Cass A Lhergy and other properties in the area, the house and plot positions have been arranged to take full advantage of the views of the countryside and coastline to the West
- Their positioning and orientation allows sunlight to reach both the lounge and open plan family areas of the house
- The positioning of the houses has been carefully considered to provide optimum separation between each other and to surrounding neighbours, positioning them adjacent to each other would restrict space and be a closer proximity to the road and the cottages opposite
- The occupants of Plot 1 require an access to the field in order to care for their ponies; the current siting allows room for field access from the driveway of Plot 1
- The positioning of the houses and shared driveway means no trees need to be taken down now or in the future as a result of overshadowing
- The height of the sod bank is such that with regular trimming it can be retained within visibility splays without modification

- The landscape setting of the site as a whole is therefore fully retained, and indeed boundary treatment will be readily reinforced with additional planting of trees and bushes behind the visibility line
- The layout of the house accommodates comfortable family living through open plan areas. The internal floor area of 183 sq. m is consistent with the size of other houses in the area and four bedrooms means that there is sufficient space to accommodate children in the future without the need to extend or move
- There is no set design in the area. Neighbouring developments include country cottages, bungalows, dormer bungalows, town houses, large country houses. This particular house has been designed with Manx proportioning in mind and elements of Manx stone give the dwelling a traditional yet modern look
- Orientating the houses to predominantly face the coast is also in keeping with others in the area, with Cass A Lhergy and Ballachrink being prime examples.
(c) does not affect adversely the character of the surrounding landscape or townscape;
- As agreed at the Appeal for the approval in principle, the incorporation of 2 houses on the site will not have a significant impact on the landscape or townscape
- The modern house design with traditional features is in keeping with other properties in the area and the gable facing the road ensure the visual impact of the massing of the house is kept to a minimum
- Situating the houses further back from the main road and incorporating additional planting will ensure the properties are barely visible from the road once complete.
(d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
- No locally important habitats or water courses affected
(e) does not affect adversely public views of the sea;
- No public or private views to the sea would be obstructed or affected
(f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;

- Apart from the driveway entrance, the Manx bank boundary to the roadside will be kept, and the loss of one tree to be removed to avoid will be mitigated by the planting of two or more.
- The proposals show additional planting of trees and shrubs in order to maintain privacy from the road which will be maintained at a height of 1 metre within visibility lines
(g) does not affect adversely the amenity of local residents or the character of the locality;
- None affected
(h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- Highway visibility for the driveway entrance is readily achievable in both directions. The shared driveway is wide enough for two vehicles to pass and the positioning of the gateways to the two houses ensure there is adequate space for delivery vehicles to turn round should the gates be closed
- Sited well within the 30 mph speed limit zone of the village
- Locating the driveway adjacent to a dense field boundary ensure minimal visual impact particularly when additional tress along the drive become established
(i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
- Two additional houses in the area with one shared access point will not have an impact on the existing traffic flows through the village
(j) can be provided with all necessary services;
- Mains sewerage, electricity and water services are readily accessible from the main road
(k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- Access to the field for pony grazing fully retained
- Plans incorporate stables which further reinforce the continued equine usage of the fields

(I) is not on contaminated land or subject to unreasonable risk of erosion or flooding;

- No known contamination or flooding
(m) takes account of community and personal safety and security in the design of buildings and the spaces around them;
- Lighting and house security will be fully compliant with Approved Document S
(n) is designed having due regard to best practice in reducing energy consumption.
- The house is designed for maximum energy efficiency and incorporates an air source heat pump that has a Coefficient of Performance (COP) of 4, meaning for every kW used in electricity 4 kW is generated in heat
- Highly insulated walls (U value of $0.131 \mathrm{~W} / \mathrm{m} 2 \mathrm{~K}$ ) and roof ( U value of $0.16 \mathrm{~W} / \mathrm{m}^{2} \mathrm{~K}$ )
- High insulated windows with a thermal efficient triple glazing ( $\mathrm{Ug}=0.5 \mathrm{~W} / \mathrm{m} 2 \mathrm{~K}$ ) which is in excess of Passivhaus standards
- Mechanical ventilation system with heat recovery
- Annual heating requirement $\leq 60 \mathrm{kWh} /\left(\mathrm{m}^{2} \mathrm{a}\right)$
- Air-tightness far in excess of current guidelines
- All electrical appliances to be A rated or above and LED lighting throughout

## Conclusion

The proposals fully accord with the zoning of the land. The requirements of General Policy 2 are fully met and indeed exceeded in terms of amenity standards and energy efficiency. The impact on neighbours is minimal with the overall impact on the location being one of positivity in terms of landscape and design.

(Revised to take account of arborist's recommendations and to clarify matters raised in Planning Officers' email of 20th January 2017) **December 2016** **Page 11 of 11**

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*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/22001-michael-cass-lergy-dwelling/documents/1323384*