**Document:** Planning Officer Report Recommendations
**Application:** 08/02137/B — Erection of a dwelling
**Decision:** Refused
**Decision Date:** 2009-03-23
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/62429-st-johns-plot-5-new-build-dwelling/documents/1371114

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# Planning Officer Report Recommendations

## 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]

### Officer's Report

## THE SITE.

The site represents Plot 5 of the refused application for roads, plots and sewers (PA08/01510), Fields 312909 and 314758 located to the south and south west of Balladoyne, St Johns. Plot 5 is situated towards the south of the site of the approval in principle application and roads, plots and sewers

applications. Fields 312711 and 312854 along with Balladoyne Farm separate the site from the A1 Peel Road to the north.

### The Proposal

This application seeks full detailed approval for the erection of a detached dwelling with garage on the site. Unlike the refused roads, plots and sewers application, the application does not include any indication of the temporary access to be used by construction traffic during the development of the site. The proposed dwelling would provide accommodation at ground floor level however the ridge height of the proposed dwelling (7.6 metres) and the inclusion of 20 roof lights would result in an external appearance and visual impact of a more substantial dwelling. Indeed, if this application were approved, further planning approval would not be required for the creation of living accommodation within the eaves of the property.

The proposed dwelling would feature exposed oak posts and beams separated by sections of render. The roof would be slate and the windows would be timber framed. The dwelling would be provided with a large garden and off-street parking in excess of the 2 spaces required by the Strategic Plan. However, there exists no approval for access to the site and this application relates only to the site demarcated in red on the submitted plan.

In terms of accommodation, the dwelling would be large providing 3 ensuite bedrooms (one with dressing room), lounge, store, study, dining room, kitchen/day room and double garage.

### Planning History

PA06/00371/A sought approval in principle for a residential layout of 6 dwellings. This application was initially approved and subsequently approved at appeal.

PA07/01994/B sought approval for improvements to and the use of estate roadway for construction vehicle access to development site.

This was refused for the following reason:

"When the development site with which this application is associated was permitted in the St. John's Local Plan, and in the consideration of the application for the principle of the development of the site under PA 06/0371, it was clearly a requirement that construction traffic should not use Balladoyne Estate Road. Whilst the proposal involves marginal widening of the estate road, the use of Balladoyne as a route for construction traffic would result in disruption, inconvenience and a reduction in road safety within the estate and as such is considered to be unacceptable, notwithstanding that the proposal is for a temporary period necessary for the development to be implemented."

A subsequent appeal request was withdrawn.

08/01510/B sought approval for a residential layout for six dwellings with layout of plots, roads and sewers. This application was refused with the reason for refusal stating:

"The St Johns Local Plan (Planning Circular 6/99) and subsequent planning applications relating to this site have required that the development of the application site be carried out using a temporary access for construction traffic in order to protect the amenity of Balladoyne estate and in recognition that the estate road is narrow and generally unsuitable for large construction vehicles. This application fails to demonstrate that there is sufficient control over the proposed temporary access so as to provide a reasonable period in which to complete the development. As such, there is a real likelihood that approval of this application, which would include the formation of a vehicular access onto Balladoyne estate, would result in construction traffic using the estate as an access which would be unacceptably detrimental to the residential amenity of Balladoyne estate."

A note was attached to this refusal which stated:

"This refusal is without prejudice to the submission of an application which includes evidence of a temporary access to the site suitable for construction traffic which is available for use for a period which would allow the completion of the development."

### Planning Status

The application site is identified as being a proposed residential development area by the St Johns Local Plan being referred to as "Area 1: The area to the south of Peel Road to the west of Balladoyne estate."

Paragraph 2.7 of the Local Plan states that "The Issues and Options document suggested that low density housing could be sited within this smaller area with minimal impact on the amenities of adjoining residents and without compromising the visual setting of Tynwald Hill."

Paragraph 2.9 of the Local Plan states that "It is considered that construction traffic associated with the development should not pass through the Balladoyne estate. The roadways within Balladoyne are not suitable for construction vehicles and the amenities of the existing residents would be significantly damaged if this were to occur."

The Local Plan sets out a Development Brief for the site which is set out within POLICY: RES/P/1 which states "Residential development shall be permitted within Development Area 1 in accordance with the following development brief."

The Development Brief has 7 points which state that the maximum number of dwellings which will be allowed is 6, that all dwellings shall be single storey (dormer accommodation will not be permitted), that an approved road and sewers application must precede any applications for dwellings, that the application must include an indication of the temporary access to serve construction traffic, that provision must be afforded to an investigation into the archaeological value of the site (in accordance with Manx National Heritage) and that the area to the north of the site may not be used in association with the development.

POLICY: OS/P/2 states:

"No new development shall be permitted which would adversely affect the southerly open countryside views from Peel Road."

Within Paragraph 3.1 it is stated that Field 9376 (now 312711) which separates the application site from Peel Road, was re-designated from residential use to open space in recognition that it contributes significantly to the amenities of the village by being open and affording views of Slieau Whallian in the background.

Within the Isle of Man Strategic Plan, the following policies are considered relevant in the assessment and determination of this application:

Strategic Policy 3, which states:
"Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by:
- (a) avoiding coalescence and maintaining adequate physical separation between settlements; and
- (b) having regard in the design of new development to the use of local materials and character."

Strategic Policy 4, which states:
"Proposals for development must:
- (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;

- (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
- (c) not cause or lead to unacceptable environmental pollution or disturbance."

### Spatial Policy 5, which states:

"New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."

### General Policy 2, which states:

"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."

### Environmental Policy 42, which states:

"New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

### Housing Policy 6, which states:

"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."

### Transport Policy 4, which states:

"The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

### Representations

German Parish Commissioners do not object to this application.

The owners/occupiers of 5 Balladoyne make reference to the requirements of the Development Brief for the site as set out in the St Johns Local Plan commenting on the lack of a temporary access on the submitted plans and the height of the proposed dwelling.

The owners/occupiers of 3 Balladoyne make reference to the requirements of the Development Brief for the site as set out in the St Johns Local Plan commenting on the lack of a temporary access on the submitted plans and the height of the proposed dwelling.

The owners/occupiers of 10 Balladoyne makes reference to the requirements of the Development Brief for the site as set out in the St Johns Local Plan commenting on the lack of a temporary access on the submitted plans and the height of the proposed dwelling.

The owners/occupiers of 7 Balladoyne make reference to the requirements of the Development Brief for the site as set out in the St Johns Local Plan commenting on the lack of a temporary access on the submitted plans and the height of the proposed dwelling.

The Department of Transport Highways Division objects to this application on the basis that there is no approved road layout to serve the development.

The Department of Transport Drainage Division has commented on this application in relation to matters of Building Control.

### Assessment

The main issues to be considered in the assessment of this application are whether the proposed dwelling would be of an acceptable design, form and scale, whether the dwelling would be provided with acceptable levels of amenity, whether the proposed dwelling would protect the amenity of nearby properties, whether the application would be in accordance with the requirements of the development Brief set out by POLICY: RES/P/1 of the St Johns Local Plan and whether the proposed dwelling would be in accordance with POLICY: OS/P/2 of the St Johns Local Plan.

In the assessment of application 08/01510/B, it was judged that the plots proposed would be of a sufficient size to provide an acceptable level of amenity in themselves and in relation to one another. The dwelling footprints would provide an acceptable level of separation between the existing properties on Balladoyne. It was noted that the single storey nature of any future dwellings would assist in assuring that adequate levels of amenity would be achieved. It is judged that the dwelling proposed to be constructed on Plot 5 would be situated so as to protect the amenities of adjacent properties to an acceptable level.

It is judged that the height of the proposed dwelling (7.6 metres to the ridge line) is excessive and certainly higher than would be expected of a typical single storey property. The aim of POLICY: OS/P/2 of the St Johns Local Plan is to protect the openness of the site and the views available from Peel Road (A1) across the application site and beyond to Slieau Whallian. The provision within the development brief for the site set out within the Local Plan, which requires any future dwellings built on the site to be single storey, is aimed at protecting this vista from development and this should be seen in conjunction with the re-designation of the field closest to the A1 from residential use to open space. However it is judged that Plot 5 and Plot 6 to the north, would be positioned so as to have little impact upon the views from Peel Road as a result of being to the south of the existing dwellings on Balladoyne. As such, whilst the dwelling proposed for Plot 5 would be taller than a single storey property, it would not contravene POLICY OS/P/2 of the St Johns Local Plan. However it is likely that the additional height of the dwelling proposed for Plot 5 would appear incongruous against the height that would be acceptable on Plots 1, 2, 3 and 4 and as such would fail to comply with POLICY: RES/P/1 of the St Johns Local Plan.

The development brief for the site also requires that access for construction traffic be served by a temporary access which removes the need to use the existing Balladoyne Estate in order to protect the amenities of residents. The application for layout of plots, roads and sewers (08/01510/B)

proposed a temporary access which whilst being acceptable in terms of location, was refused as the applicant did not demonstrate sufficient control over the access to allow the development to take place without pressure to use Balladoyne. This application does not include any indication of a temporary access to serve construction traffic and as such cannot comply with the development brief in relation to access.

The application site relates only to the area demarcated in red on the submitted plans. There currently exists no planning approval for an estate road or sewers to serve the application site. Therefore, in the absence of such approvals, the proposed dwelling cannot be accessed or serviced and as such the granting of planning approval for a dwelling on the site would be premature.

### Recommendation

It is recommended that the application be refused on the basis that the proposed dwelling is too high, the site cannot be accessed and that the application fails to demonstrate the provision of an adequate temporary access to serve the development.

### 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:

- German Parish Commissioners
- The owners/occupiers of 5 Balladoyne
- The owners/occupiers of 3 Balladoyne
- The owners/occupiers of 10 Balladoyne
- The owners/occupiers of 7 Balladoyne
- The Department of Transport Highways Division
- The Department of Transport Drainage Division

### Recommendation

**Recommended Decision:** Refused

**Date of Recommendation:** 10.03.2009

### Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
- : Notes attached to refusals

R 1. The height of the dwelling proposed for Plot 5 would appear incongruous against the height that would be acceptable for dwellings on Plots 1, 2, 3 and 4 and as such the proposal fails to comply with POLICY: RES/P/1 of the St Johns Local Plan which requires that development of the site be in accordance with the corresponding Development Brief

R 2.

The application fails to provide details of a temporary access to serve construction vehicles and as such the proposed development would be contrary to the Development Brief for the site and POLICY:RES/P/1 set out within the St Johns Local Plan (Planning Circular 6/99).

R 3. There is no planning approval for roads or sewers for the site and as such the dwelling proposed cannot be accessed or serviced. It is therefore considered that this application is premature pending the approval of such matters.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : Refused Committee Meeting Date : 20.3.2009

Signed : Sp. Darley Presenting Officer

Further to the decision of the Committee 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/62429-st-johns-plot-5-new-build-dwelling/documents/1371114*