**Document:** Officer Planning Report
**Application:** 10/00600/B — Revised house position on previously approved plot
**Decision:** Permitted
**Decision Date:** 2010-08-17
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/36724-malew-knock-rushen-dwelling/documents/1357068

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# Officer Planning Report

## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] [Table omitted in markdown export]

### Officer's Report

#### The Site

The site defined in red represents the curtilage of an approved residential development of 41 plots as shown on the location plan and on the site plan the defined site is only plot one which sits directly in front of anyone entering the estate from Scarlett Road. The plot has approval for the construction of a detached dwelling on it with a double garage and two parking spaces with the dwelling facing north east. The dwelling is a two storey property with a quarterland farmhouse style of property with stone front and sides and a five first floor window pattern and four pitched roofed dormers on the front pitch.

Planning permission has just been granted for the erection of a dwelling to the east of this plot, alongside Knock Rushen House - PA 10/0898.

#### Planning Status

The site lies within an area designated as Residential on both the extant Castletown Local Plan of 1991 and the draft Southern Area Plan which was published on 23rd October, 2009.

## Planning History

Planning permission was granted for the residential layout of 41 new dwellings and the conversion of existing barns to residential accommodation under PA 04/2083 with amendments to this approved under PAs 09/1335, 09/1949 and 10/0241. In addition applications have been submitted for a construction compound PAs 08/0981 and 08/2140 - both permitted) and for sales signs (PA 0253 pending consideration) and alterations to the gated access (PA 10/0316 - pending consideration).

### The Proposal

Proposed now is a modification of what has approval on the site. The dwelling will be the same house type but turned through 90 degrees so that the side of the house will be facing towards Knock Rushen House and the garaging moved from the front of the site to the side alongside the boundary with Knock Rushen House. There is only one window in the side elevation facing towards Knock Rushen House, and this serves a ground floor living room. The garage is a single storey hipped roofed structure and its location has been selected to remove usable garden space close to the boundary with the adjacent existing dwelling.

Two trees are to be removed - the originally approved scheme results in the loss of two trees on the western edge of the small copse, the scheme now proposed shows the retention of these trees and the removal of two on the eastern edge of the group including one on the boundary with Knock Rushen House. Hedge planting is proposed along this boundary - Quercus Ilex (Holm oak or Holly oak) which can be used for hedging as well as free-standing species.

The applicant has discussed the proposal with the owners of Knock Rushen House and have amended the plans such that the garage has been relocated slightly so that an existing tree on the boundary can be retained and also the installation of a 2200 mm high ivy screen along the estate road and the boundary with Knock Rushen House to provide additional screening for the occupants of this property.

### Representations

The owners of Knock Rushen House point out that whilst they would have preferred not to have any house so close to their property, the proposed siting is "slightly better" than the approved scheme. They express concern at the clarity of the tree felling plans, suggesting that the two trees originally shown as being felled no longer need to be removed - in fact they are shown as being retained on the submitted drawings. The applicant has considered moving the garage to retain the two closest trees, as requested by the owners of Knock Rushen House but suggest that this is not possible and the location of the garage close to the garage will remove the opportunity for usable garden space alongside the boundary.

### Assessment

The proposed is a house type which already has approval on this plot, but orientated such that the majority of windows now face other than at Knock Rushen House. This has to be a significant improvement for the occupants of Knock Rushen House who have expressed concern at the impact on their privacy from the development of the estate, particularly the property on plot 45.

There are still only two trees to be removed - the two to the west are to be retained. Whilst tree numbered one on the neighbour's plan is to be removed and presently provides some screening of the house on plot 45, the oak hedge will grow in time and the removal of usable space alongside this boundary is to be encouraged, as proposed.

As such, it is considered that the proposal represents an improvement from what has approval in terms of the impact on the occupation of Knock Rushen House and is recommended for approval.

### Party Status

The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

The owners of Knock Rushen House are immediately alongside the proposed dwelling and as such should be afforded party status.

## Recommendation

Recommended Decision: Permitted

Date of Recommendation: 13.08.2010

### 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> 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 permission relates to the erection of a dwelling as shown in drawings and 80003 all. received on 26th April, 2010. 13/7/10

C 3. Prior to the commencement of works on the excavation for or the building of the approved dwelling, the trees shown as being retained must be adequately fenced off and protected from damage during the construction of the dwelling. Such fencing must be erected so as to protect the roots (generally directly underneath the drip line of the branches) and once erected, no material nor vehicles may be stored or parked within the protected area, nor excavations undertaken.

C 4. The proposed hedge planting must be introduced prior to the occupation of the approved dwelling. N 3. For clarification, two trees are shown to be removed and their removal is authorised by this approval. These trees are at the eastern side of the plot, where the proposed garage is to be located (and numbered 1 and 2 on the neighbours' plan) and the remainder of the trees, including those shown as being removed on the previous applications as being removed, are to be retained.

I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.

Decision Made : Permitted Date : 13.10.10.

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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/36724-malew-knock-rushen-dwelling/documents/1357068*
