**Document:** Officer Planning Report Recommendation **Application:** 10/01246/B — Erection of a detached dwelling **Decision:** Permitted **Decision Date:** 2010-12-02 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/36963-malew-arbory-vicarage-main-road-ballabeg-dwelling/documents/1359673 --- # Officer Planning Report Recommendation **Application No.:** 10/01246/B **Applicant:** Dexterity Limited **Proposal:** Erection of a detached dwelling **Site Address:** Plot 3 Adjacent To Arbory Vicarage Main Road Ballabeg Castletown Isle Of Man ### Considerations Case Officer : Miss S E Corlett **Expected Decision Level:** Senior Planning Officer ### Written Representations Ballablack Farm Colby Isle Of Man IM9 4LL Objects to the proposal ### Consultations Consultee : IOM Water \& Sewerage Authority (Water) Notes: no objection. Consultee : Drainage Division (Mr J Kneen) Notes: No objection Consultee : Highways Division Notes: Do not oppose has no traffic management, parking or road safety implication. Consultee : Arbory Parish Commissioners Notes: no comments. 22.10.10 - no comment. Consultee : Manx Electricity Authority Notes: Comments received ### Officer's Report THE SITE 26 November 2010 10/01246/B The site is the curtilage of an approved dwelling situated between Vicarage Close and Arbory churchyard on the northern side of the A7 through Ballabeg. The site has Arbory Vicarage to the west and an open area with a number of trees to the east towards the churchyard. The site slopes upward northwards from the road. Planning approval has been granted for the principle of three dwellings (see below). Contemporary applications are for the erection of dwellings on plots 1 and 2. ## Planning Status The site lies within an area of Residential use on the Arbory and East Rushen Local Plan and the draft Southern Area Plan which was published on 23rd October, 2009. The site is also included on both documents as within a proposed Conservation Area. This has been the subject of consultation but no specific designation to date. ### Planning History Planning permission was granted for the erection of an apartment building on the site under PA 06/1500. Permission was then sought and granted for the principle of two dwellings under PA 08/1736 and this was changed to the principle of three dwellings under PA 10/0137. Permission has now been sought individually for the development of the three plots under this application for plot three and PAs 10/1244 and 1245 for plots one and two respectively. ### The Proposal Now proposed is the erection of a dwelling and construction of access to plot three which sits to the rear of the Vicarage. To the immediate west are numbers 11 and 12, Vicarage Close which are 11m from the boundary with the application site. The access reflects what has been granted permission under the earlier application - effectively providing a single access to all three plots and the Vicarage with the existing stone boundary wall set back from the road. Some of the existing trees are very close to the proposed access road and their future may not be assured if the development goes ahead but it is the applicant's intention that the trees are retained. The proposed dwelling is a two storey traditionally styled house with slated roof and sliding sash style windows, a stonework two storey projecting front annex and an attached garage with sufficient space in front for two vehicles to be parked side by side. ### Representations The owners of Ballablack Farm object to the application and those for plots one and two on the basis that the development will exacerbate the traffic congestion in and around the primary school and increase the risk of traffic accidents Highways and Traffic Division indicate that they have no objection to the application The Manx Electricity Authority request consultation regarding the provision of an electricity supply to the site which is not a material planning consideration Arbory Parish Commissioners indicate that they have no comments to make in respect of this application IOMWSA request conditions relating to the connection of the property to the main sewer and the disposal of surface water. The application form indicates that the property will be connected to the main foul sewer and that surface water will be discharged to a soakaway. As such there is no need for the recommended conditions. The approval in principle for three dwellings required inter alia, that: 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. 3. The application for reserved matters must demonstrate that the development will not adversely affect the privacy or amenities of either those in residential properties alongside the site (including The Vicarage) or those visiting the churchyard and also respect the site's historic setting and potential Conservation Area status. 4. The application for reserved matters must include a landscaping scheme, including a drawing illustrating the measures for protection of those trees which are to be retained, during and after construction and new planting to replace any trees lost as part of the development. It is noted that at least three of the existing sycamores on site are very close to the proposed access road and may not be able to be protected during the construction of the access. The applicant must consult the Forestry Officer of the Department of Environment, Food and Agriculture in respect of tree protection and new planting and this advice reflected in the planning application for the reserved matters. 7. No development may commence until such times as the new access as shown in the approved drawings has been implemented and is available for use. 8. The application for approval of the reserved matters must demonstrate that each dwelling has at least two parking spaces available within its curtilage and that the access can satisfactorily accommodate two way traffic. The approval in principle is due to expire in May 2012 so this application has been submitted in sufficient time for the works to be permitted and commenced in accordance with the approval in principle conditions. It should be noted that this application is a full, detailed application and not one for reserved matters. The proposed dwelling is separated from the churchyard by the proposed dwelling on plot number 2 and does in any case not look towards the churchyard. The dwelling is orientated such that its windows do not look directly towards The Vicarage. The floor levels are two metres higher than those in The Vicarage and there is to be a beech hedge planted between the two properties. Similarly the property is not orientated to look directly towards 11 or 12, Vicarage Close and there are no windows in the elevation facing in this general direction. The property is designed with traditional features and as such is not considered to be detrimental to the character of the proposed Conservation Area. This plot has trees already to the rear of the proposed dwelling which are far enough away to be affected by the proposed development provided that these trees are adequately protected by the fencing shown in the drawings. Beech hedging is proposed between the properties and there are trees indicated outwith the defined site, for new whitebeam trees to be introduced to the west of the access lane. There is a garage which serves this property and in addition is space for two vehicles to be parked on the driveway and as such the proposal complies with the requirements of the approval in principle. Regardless of the other two plots, the development of this plot as proposed is considered to comply with the requirements of the approval in principle and is considered to be acceptable. ## 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 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. The Manx Electricity Authority does not raise material planning considerations and should not be afforded party status The owners of Ballablack are not directly affected by the proposed development and as the proposed development provides sufficient parking to satisfy the requirements of the approval in principle and the Strategic Plan, it is not considered that the development will exacerbate any existing traffic difficulties within the village. ## Recommendation Recommended Decision: Permitted Date of Recommendation: 26.11.2010 ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
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 permission relates to the erection of a dwelling and access as shown in drawings 64.4.10 A received on 27th September, 2010 and 63.3.10 received on 23rd August, 2010. C 3. No other development may commence until such times as the new access as shown in the approved drawings and including the visibility splays within the highway, has been implemented and is available for use. C 4. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. Decision Made : Permitted Date : 11/13/12 Signed : Senior Planning Officer --- *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/36963-malew-arbory-vicarage-main-road-ballabeg-dwelling/documents/1359673*