**Document:** 10/00047/B Officer Report
**Application:** 10/00057/B — Rendering external walls of outbuilding to match main dwelling
**Decision:** Permitted
**Decision Date:** 2010-03-08
**Parish:** Michael
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/35729-ballaugh-croit-ny-gurrin-gelling-the-dwelling-outbuilding/documents/1346261

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# 10/00047/B Officer Report

**Application No.:** 10/00047/B
**Applicant:** Heritage Homes Ltd
**Proposal:** Erection of a dwelling including garaging, ancillary accommodation and landscaping
**Site Address:** Plot 3, Ballanard Woods Ballanard Road Douglas Isle Of Man ### Considerations Case Officer : Mr Gary Barr
**Expected Decision Level:** Senior Planning Officer ### Written Representations ### Consultations Consultee : Drainage Division Notes: No objection in principle subject to:- Consultee : Highways Division Notes: Do not oppose Consultee : Douglas Corporation Notes: No objection

### Officer's Report

### The Site

The site represents the curtilage of Plot 3, Ballanard Woods on the Ballanard Road in Douglas. This plot was granted approval under PA 07/01917 for the layout of 21 residential plots and is located adjacent to Ballanard Road, between the residential areas of Highton Wood Hill and The Castleward Green. The proposed dwelling is immediately to the west of the entrance of the estate at field 531750. The site is adjacent to Ballanard Farm and is north west of Cadran Cottage and The Retreat and south of Ballanard House.

### The Proposal

The proposed planning application is seeking approval for amendments to the previously approved PA 08/02161 (Erection of dwelling with adjoining garage) which would consist of re-positioning the dwelling (approximately 5.5 m ) to the north east. Other alterations include the increase in eave levels of the rear annexes; courtyard elevations have been revised; together with alterations to the garage. The roof of the main dwelling is now a full pitch as opposed to being flat on top and the rear

terracing has been reduced in size. There would also be windows removed at the ground floor level to the T.V lounge / Den.

The applicant is also seeking approval for improvements to the private access road for the estate, which would consist of increasing the previously approved gradient of 1:5 to 1:7.5. There would be additional planting erected to the eastern boundary of the site and the existing water feature enlarged.

## Planning Status

The application site is within an area recognised as "Low Density Housing in Parkland" under the Douglas North Local Plan, 1998. In terms of strategic plan policy, the following policies within the Isle of Man Strategic Plan 2007 are considered specifically material to the assessment of this current planning application - Housing Policy 6: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive".

General Policy 2 states that:
"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
- (a) is in accordance with the design brief in the Area Plan where there is such a brief;
- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
- (c) does not affect adversely the character of the surrounding landscape or townscape;
- (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
- (e) does not affect adversely public views of the sea;
- (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- (g) does not affect adversely the amenity of local residents or the character of the locality;
- (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
- (j) can be provided with all necessary services;
- (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- (n) is designed having due regard to best practice in reducing energy consumption."

Environment Policy 7 states:
"Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:

- (a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;
- (b) details of pollution and alleviation measures must be submitted;
- (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and
- (d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species".

Low Density Housing in Parkland, Planning Circular 8/89, Paragraph 4, is also considered relevant and states:
"Areas proposed for development as Low Density Housing in Parkland may be developed in accordance with the following criteria:-
- (a) buildings must be substantial, and designed and finished to the highest quality; and
- (b) each dwelling must be sited, in at least 1 acre ( 0.4 ha ) of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees".

## Planning History

The following planning applications are considered relevant in the assessment and determination of this application: PA 84/00344/A - Approval in principle for housing development, Fields 1584, 1585, 1586, 1590 and 1592 - Permitted PA 07/01917/B - Residential estate layout of 21 plots, roads, drains, landscaping and open space Approved at appeal PA 08/02161/B - Erection of a dwelling including garaging, ancillary accommodation and landscaping - Permitted

PA 09/01518/B - Erection of a dwelling including garaging, ancillary accommodation and landscaping (comprising amendments to PA 08/02161/B) - Refused

-  The previous planning application was refused on the grounds that it would have been contrary to Low Density Housing in Parkland, Planning Circular 8/89, Paragraph 4, part b - by reason that it would not sit comfortably or naturally in the landscaped setting and it fails to acknowledge the existing ground contours to the detriment of the surrounding landscape.
- It was also refused on the grounds that it would be contrary to General Policy 2, Parts b, c, f and g of the Isle of Man Strategic Plan, 2007 by reason that it fails to respect its siting, the existing topography and the spaces around them. As a result it would adversely affect the amenity of future occupiers of Plot 3 and the character of the locality.

### Representations

Douglas Corporation has no objection with the proposed application The Department of Transport Highways Division do not oppose as it has no traffic management, parking or road safety implications.

The Department of Transport Drainage Division has not objection as the proposed drainage system serving the above property has previously been agreed with the Borough of Douglas Drainage

Section. It has been noted that the applicant/applicants contractor is required to contact the Douglas Borough Council Drainage Department prior to work commencing on site to discuss this proposed connection, to ensure compliance with previous correspondence. There must be no discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s). It should be noted that it is an offence under Manx legislation to permit the discharge of polluting and harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer/occupier of the premises to ensure compliance with the legislation.

## Assessment

The proposed alterations to the dwelling and garage (increase in eaves level of the rear annexes, courtyard elevations have been revised, windows removed at the ground floor level to the T.V lounge / Den etc) would be relatively minor and acceptable.

Low Density Housing in Parkland (Planning Circular 8/89) Paragraph 4, part b and General Policy 2, parts b, c, f and g of the Isle of Man Strategic Plan, 2007; were the specific areas the previous application failed on. The refusal mainly centred on the issue that the previous dwelling would not sit comfortably or naturally in the landscaped setting and failed to acknowledge the existing ground contours to the detriment of the surrounding landscape.

After assessing the proposed plans, it is judged that the applicant has addressed the concerns which were evident in the previous submission. It is agreed that the re-positioning of the property would require minimal soil extraction; which would result in the dwelling appearing more naturally sited within the site. The previous application required significant soil extraction, which in-turn would have made it appear to sit unnaturally and uncomfortably within the application site. As such, the new proposal would respect the site and its surroundings, as it acknowledges the existing ground contours within the site and incorporating it appropriately into the design, which in-turn results in the dwelling appearing more naturally sited.

It is agreed that the main section of the dwelling would be sited close to the centre of the plot; however, with the orientation of the property, the garage segment would still be sited close to the eastern boundary of the site and not appear comfortable within the application site (with insufficient land surrounding it on all fours sides). Having said this, the dwelling would be 1.5 m from the boundary, and with proposed additional planting to reinforce the boundary, together with the increased levels of the adjacent private access road, all of which would considerably reduce the visual impact on the garage on the locality. These alterations are to further address the concerns from the previous application which are judged to be acceptable in this instance.

Furthermore, the previously approved dwellings within Ballanard Woods have all similar layouts, in that they have a relatively large court yard and driveway which accommodates the garage to the front elevation and have large rear gardens (to provide the outdoor amenity space for future tenets). The loss of amenity space in the proposed application on the eastern boundary compared to what was previously approved under PA 08/02161 is acceptable, as there is sufficient space to the rear for future occupiers (which can be seen in the previous approvals of the other plots).

In terms of the adjacent watercourse, the proposed alterations (additional planting, fall in road away from dwelling) direct all surface water to the water feature opposite the entrance gates to the estate and with the excess water to be taken down the open culvert along the boundary of plots 2 and 3, are also considered to be acceptable.

### Recommendation

For the reasons stated above, it is considered that the proposed dwelling would acceptable and therefore it is recommended the application be approved.

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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/35729-ballaugh-croit-ny-gurrin-gelling-the-dwelling-outbuilding/documents/1346261*