**Document:** Planning Officer Report and Recommendation
**Application:** 10/00219/A — Approval in principle for erection of a dwelling
**Decision:** Permitted
**Decision Date:** 2010-12-20
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/35835-german-land-between-cliffe-new-build-dwelling/documents/1347325

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# Planning Officer Report and Recommendation

**Application No.:** 10/00219/A
**Applicant:** Mrs Patricia Thompson, Mrs Thusby-Pelham, Mrs Shirley Noble
**Proposal:** Approval in principle for erection of a dwelling
**Site Address:** Land Between Cliffe Cottage And Greystones Battery Road Peel Isle Of Man ### Considerations Case Officer: Mr Steve Stanley
**Expected Decision Level:** Planning Committee ### Written Representations ### Consultations [Table omitted in markdown export]

### Officer's Report

This application is recommended to be considered by the Planning Committee as the Local Authority object but the application is recommended for approval.

## The Site

The application site is a parcel of land situated off Battery Road, Peel. The site is undeveloped and sits between Cliffe Cottage to the north west and Greystones to the south. To the north and east of the site is an old sandstone quarry, now abandoned and allowed to be become colonised by vegetation. Beyond the quarry lie the single storey dwellings of Mourne View.

### The Proposal

This application seeks approval in principle for the construction of a dwelling on the site outlined in red on the submitted plans. The originally submitted information included a Location Plan and a Block Plan. Subsequently, to clarify the visibility splays at the junction of Battery Road and Ramsey Road, a further plan was submitted detailing visibility at the junction.

### Planning Status

The application site is located within an area identified as being residential use by the Peel Local Plan. Within the Isle of Man Strategic Plan 2007, General Policy 2 is relevant. This provides guidance for the consideration of development proposals on land designated for development.

### Planning History

The following previous planning application is considered relevant in the assessment and determination of this application:

04/02403/A sought approval in principle for the construction of three dwellings on the site. This application was refused for the following reasons:

R1. "The proposed development would intensify the use of Battery Lane which is narrow with few passing places; it is therefore judged unsuitable for the accommodation of additional traffic. The Planning Committee judges that the sightlines available for traffic emerging onto the Ramsey Road are poor and that increased use of this junction by vehicles would be contrary to the interests of road safety."

R2. "The proposed development of the site would have an adverse impact the open character of the Peel Headlands area, as viewed from Harbour area and the Peel breakwater."

R3. "The proposed development would have a detrimental impact on the residential amenities currently enjoyed by Cliffe Cottage."

R4. "The proposed development would harm the wildlife habitats which have become established in the former sandstone quarry to the north east of the site."

N1. "Whilst the drawing indicates that Battery Lane would be widened in part, this element falls outwith the site and therefore cannot be considered as part of this application."

### Representations

The owner/occupier of 3 St Patricks View, Peel objects to this application on the basis that the Battery Road is too narrow and incapable of safely accommodating additional traffic.

The owner/occupier of Thornton Grange, Belle View Lane, Peel objects to this application on the grounds that Battery Road is not able to accommodate additional vehicles, that the development of even a single dwelling on the site would cause harm to the surrounding area, that the development would cause harm to wildlife, that any new property would overlook other properties including his and Cliffe Cottage. It is recommended that if the application is approved, a condition should require the dwelling to be single storey.

The owner/occupier of Cliffe Cottage, Battery Road, Peel objects to this application stating that any widening of Battery Road would deplete its existing character. Concerns are raised regarding future access to their septic tank which is located within the quarry area. This is a matter of private property rights and is not material to the determination of this planning application. The reasons for refusal of the 2004 are stated to still valid.

The owner/occupier of Shenndeeagh, Ballaquane Road, Peel objects to this application stating that the site includes an old quarry which is unique being undisturbed for many years. The loss of this habitat is raised as a concern. Access along Battery Road is said to be insufficient and widening it would ruin its character. The development of the site is considered to be harmful to the amenities of the Headlands.

Peel Town Commissioners object to this application on the grounds that the there would be a loss of habitat and the increase in usage of Battery Lane would be unacceptable.

The Highways Division does not object to this application. The Manx Electricity Authority has attached an advisory note. The owner/occupier of 10 Mourne View, Peel (represented by Partington, Nixon and Kinrade) objects to this application on the grounds that the site is close to the Headlands and would be detrimental to its character. The drainage of the site is questioned and the ability of Battery Road to accommodate further traffic. It is set out that the proposal does not overcome the reasons for refusal of the previous application.

## Assessment

The application was the subject of some pre submission correspondence where the planning officer provided the applicant's agent with the land zoning of the site and the reasons for refusal for the previous 2004 application. It was set out that a proposal for a single dwelling would be materially different to the refused application however any proposal to develop the site would need to overcome the reasons for refusal.

The application was submitted without any information relating to wildlife. A report commissioned by the applicant carried out by the Manx Wildlife Trust was received by the Planning Division 1st December 2010. This has led to the considerable delay in the processing of the application.

The main issues to assess are whether the proposal for a single dwelling to be constructed on the site would result in unacceptable impacts upon adjacent properties, whether the development would harm the character of the surrounding area, whether Battery Road can safely accommodate the additional traffic generated by the development and whether the development would cause demonstrable harm to wildlife.

The proposal is of a lesser density compared with the refused application. This is likely to reduce the intensity of any impacts that may arise including traffic generation and impacts upon adjacent properties and the surrounding area.

### Impacts upon adjacent properties

In terms of impacts upon neighbouring dwellings, the two closest dwellings are Greystones to the south (owned by the applicant) and Cliffe Cottage. The site is relatively large, opening up from its frontage with Battery Road. It is judged that it would be possible to design and site a dwelling within the confines of the site in a way that would protect the amenity of both adjacent properties. This would be tested through the assessment of any subsequent reserved matters applications which would consider detailed matters such as massing, proximity and window placement in order to judge impacts.

Impacts upon the character of the surrounding area The site is situated between two existing properties and as such the construction of a dwelling would not result in development breaching the existing extents building group. Whilst an additional building would consolidate the existing density of development, it is not judged that this would be so harmful to the character of the area to warrant refusal. The impact of any development on the surrounding area would be reliant upon the detailed design of any dwelling however it is judged that it would be possible to design a building which would be appropriate to the site and the surrounding area.

Highway issues The previous application was refused partly on the grounds that the Battery Road was insufficient to serve three additional dwellings. This application is for a single dwelling and as such the level of additional traffic generated would be less. The submitted plan demonstrates visibility splays to the satisfaction of the Highways Division and on this basis it is judged that the application is acceptable in this regard. The site is large enough to accommodate off-street parking to current standards. Whilst is accepted that Battery Road is somewhat narrow, it is concluded that the vehicles generated by a single additional dwelling could be accommodated.

Wildlife issues The issue of wildlife was raised in the refusal of the 2004 application and is a concern of several objectors including the Local Authority. In order to demonstrate the impacts of the development, the applicant has commissioned an independent assessment which has been carried out by the Manx Wildlife Trust.

The report, based on an on-site survey focuses upon the potential for the Common Lizard and all species of bats. These are all protected under the provisions of the Manx Wildlife Act 1992. The report concludes that the best potential lizard habitat is restricted to the northern bank of the site as a result of the shade levels and vegetation height within the plot. No clear evidence of any established colony of lizards was found. The survey investigation found no clear evidence of any established colony of bats within the application site however the site does provide foraging territory for animals in the area.

The report by the Manx Wildlife Trust does not preclude development of the site however any development would need to take into account its findings and find ways of incorporating these. If approval is granted in principle, a condition requiring a plan which shows that the northern bank will be protected during and after construction is recommended. It is also recommended that the site plan for the dwelling include areas which will not be disturbed so as to set aside areas for wildlife. This should be done in consultation with the Manx Wildlife Trust.

## Conclusion

It is judged that the site is suitable for the construction of a single dwelling. As with any application in principle, no development can take place until all detailed matters have been approved through the submission of a reserved matters application.

### Recommendation

Permit.

### Party Status

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

Peel Town Commissioners; The owner/occupier of 10 Mourne View, Peel;

The owner/occupier of Cliffe Cottage, Battery Road, Peel.
Accordingly the following parties are not granted Interested Party Status:
The owner/occupier of 3 St Patricks View, Peel;
The owner/occupier of Thornton Grange, Belle View Lane, Peel;
The owner/occupier of Shenndeeagh, Ballaquane Road, Peel;
The Manx Electricity Authority.
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: 07.12.2010

### 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 <br> O : Notes attached to refusals

C 1. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.

C 2. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.

C 3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.

C 4. The application for reserved matters must include details of how the northern bank of the site is to be protected both during and after construction and development shall take place only in accordance with this drawing.

Reason: To protect the potential habitat for Common Lizards identified by the report by the Manx Wildlife Trust submitted as part of this application.

C 5. The application for reserved matters must include details of how some of the open areas of the site will be protected from development and development shall take place only in accordance with this drawing.

Reason: To protect the potential habitats identified by the report by the Manx Wildlife Trust submitted as part of this application.

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 : ...P.ERAM.T.......... Authority Meeting Date : .16.12.12012 Signed :............................................ Presenting Officer Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO

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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/35835-german-land-between-cliffe-new-build-dwelling/documents/1347325*