**Document:** Officer Planning Report 04/01661/B **Application:** 04/01661/B — Construction of new dwelling to plot 1 **Decision:** Permitted **Decision Date:** 2005-02-03 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/76674-malew-plot-1-dwelling/documents/1421694 --- # Officer Planning Report 04/01661/B [Table omitted in markdown export] ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations We have received 9 private representations for this application. ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Policy ### Officer’s Report See also PA 04/1660 for plot 2. The site represents the curtilage of an as yet undeveloped plot situated in the development located to the north west of Fuchsia Grove and Birch Grove in the Silverburn Estate and south west of Silverburn Drive. The new development was approved after a long and controversial planning history, under PA 02/0712 on appeal. In his report, the Inspector made various comments including "In all of these circumstances I cannot accept that there have been any matters raised that would constitute reasonable grounds upon which to resist the current proposals on access or highway grounds. Indeed the witness for the DOT states that the proposals provided "perfect visibility". The suggested conditions would ensure that the access and layout are carried out in a satisfactory manner". He also commented that "Those changes did include the ability to provide protection from flooding in the past. That provision is more than the applicants are required to provide in a planning scheme. It would be unreasonable for example to expect a developer to try to remedy an existing deficiency in flood protection. However, I have assessed the scheme to see if it would make matters worse for existing residents as that would be a proper reason for opposing any scheme". He goes on to say that he is satisfied from the evidence that he had received that "the proposed flood alleviation scheme would not make matters worse for properties upstream or downstream. It could improve the situation for some properties." He also urges DOT to quickly prepare a scheme for the protection of properties downstream, regardless of the application proposal although it may be beneficial for these works to be undertaken at the same time as those in respect of the application proposal. He states that it is essential that the flood protection measures are regularly maintained. He clarifies that the Land Drainage Act needs to be satisfied separate from the planning procedure. With respect to the houses themselves, the Inspector commented that "provided that the height of the dwellings was not excessive and did still retain the appearance of single storey structure as well as there being no overlooking of existing dwellings", he saw no harm in amenity or visual terms. He goes on to state "I can see little wrong with the principle of including dormer windows providing they do not face existing dwellings or cause the height of the new buildings to become excessive" and recommended a condition which reads "The proposed dwellings shall generally be of a single storey height. Any dormer windows constructed shall not be in those elevations facing existing dwellings around the site in a manner that would cause overlooking and loss of privacy or result in the height of the new dwellings to become excessive". There were a number of suspensive conditions which require things to be undertaken prior to works commencing on site. These were: 5) diversion of the existing public sewers must be agreed with DoT 6) the main river designation of Silverburn River pursuant to the Land Drainage Acts has been extended to incorporate the flood alleviation and mitigation measures shown on URS Drawings 47445-006-787 Figures 5, 6, 7, 8 and 11... 7) prior to the commencement of any building works, following the clearance of the site, the bund, flood protection wall and flood alleviation and mitigation measures specified in conditions 2 and 6 must be constructed on site... 8) no other works may be commenced on site until the estate road junction with the A7 adopted highway including visibility splays where required has been set out and established... 9) no dwelling on the site may be occupied until the estate road has been constructed to at least base course level and adequately lit... 10) Before each dwelling is occupied the proposed vehicle parking facilities shall be provided... 11) no works may commence upon the penultimate dwelling until the estate road has been completed... 14) Prior to the commencement of works on site, including site clearance, those existing trees on site whose removal is not authorised by this approval must be adequately protected against damage during the course of construction... 16) No development may commence until there has been approved by the PC a scheme of landscaping... 18) Prior to the commencement of development, the applicant/developer shall convene a site meeting with the contractor and relevant officers of the DLGE and other Government Departments to agree how the works are to be undertaken in accordance with the approved plans and conditions. 19) Prior to the commencement of any building works, further details including where appropriate the precise location, construction, elevational and cross sectional details of the proposed floor (flood?) protection bund and wall and surface water attentuation tank must be submitted for approval by the PC. No information has been provided to clarify where any of these matters are up to and whether any have been addressed. The various objections from local residents and the local authority are on the basis of prematurity - the above conditions have not been satisfied, the inclusion of dormer windows and the style and size of the proposed dwellings. The dwelling proposed here sits on the same footprint as that shown in approved drawing 0210/PL01 H. No details of the elevational treatment of the dwellings were included in the plans considered for the previous application. The size of the dwellings in terms of footprint cannot be at issue as the plans are the same as those approved previously. The bungalow is single storey but with a roof pitched at 35 degrees which is not excessive. There are roof lights in both pitches and it is possible to have accommodation in the roofspace although there is no staircase and little room on the ground floor for such a facility. I can see no reason to withhold permission on the basis of the plans proposed other than the timing and the absence of the plans and agreements required in PA 02/0712. Defer for clarification on these matters. I have received views from the applicant as well as the Attorney General who advises that there are no grounds of prematurity based upon the matters reserved under the previous applicaiton which would justify refusal of any of the applications. As such I would recommend that the applications (this and PA 04/1675 and 1660) are considered and approved, reiterating the suspensive conditions applied to PA 02/0712. It may be suggested that the consideration of individual applications represents a piecemeal and unphaed approach to the development of the site, there were no conditions of the previous application which required the submission of one application for all of the plots or any particular phasing or order of development. As the applications submitted to date are identical to the footprints shown in the approved application it could also be reasonable to be able to assess each application as not prejudicing the next in terms of overlooking, overshadowing etc without seeing the application for the next plot. ### Recommendation Recommended Decision : Permitted Date of Recommendation : 18.10.2004 ### 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 C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This approval relates to the erection of a dwelling as shown in drawing reference 0210/PL1001 received on 11th August, 2004. C 3. The proposed development must be connected to the proposed sewers approved under PA 02/0712 and in a manner acceptable to the Department of Transport's Drainage Division and on terms and conditions which must be agreed with the Division PRIOR to the commencement of any building works. (In particular the Drainage Division must be advised of the commencement of work on site. All drainage works must conform to the requirements of the WRC's "Sewers for Adoption" [5th Edition] and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense. It is also a legal requirement under the Sewerage Act 1999 that the Department of Transport (as the Drainage Authority) be advised in advance, of the date of connections of each dwelling to the public sewer. Note: Communication fees will be payable to the Department of Transport in respect of these drainage connections. Note: The Drainage Division requires "as built" drawings of the development once it has been completed. C 4. There must be no discharge of surface water to the main foul sewer. C 5. The proposed diversion of the existing public sewers which cross the site, must be carried out in terms and conditions which must be agreed with the Drainage Division prior to the commencement of any works. All drainage works must conform to the requirements of the WRC's "Sewers for Adoption" [5th Edition] and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense. The Drainage Division must be given three days' notice before such inspection is required. C 6. No development, including site clearance shall take place in pursuance of the consent hereby granted until such times as the main river designation of the Silverburn River pursuant to the provisions of the Land Drainage Acts has been extended to incorporate the flood alleviation and mitigation measures shown on URS Drawings 47445-006-787 Figures 5, 6, 7, 8 and 11 (submitted in respect of PA 02/0712) to the satisfaction of the Planning Authority in consultation with the Department of Transport. C 7. Following the clearance of the site and prior to the commencement of any building works, the bund, flood protection and flood alleviation and mitigation measures specified in conditions 2 and 6 (of PA 02/0712) must be constructed on site to the satisfaction of the Planning Authority. C 8. No other work shall be commenced on site until the estate road junction with the A7 adopted highway, including visibility splays where required, has been set out and established to the satisfaction of the Planning Authority after consultation with the Highway Authority. C 9. The dwelling hereby approved may not be occupied until the estate road has been constructed to at least base course level, adequately lit from the junction of the A7 adopted highway up to the access to the dwelling to the satisfaction of the Planning Authority after consultation with the Highway Authority. ## C 10. Prior to the occupation of the dwelling hereby approved, the proposed parking facilities associated with the dwelling must be provided in accordance with the approved drawing to the satisfaction of the Planning Authority and so shall thereafter be retained. ## C 11. No works may commence upon the penultimate dwelling on the site until the estate road has been completed to the satisfaction of the Planning Authority after consultation with the Highway Authority. ## C 12. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 1983 (or any Order revoking or re-enacting that Order) no greenhouses, wall, gates, fences, garden sheds, garages or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval) without the prior written permission of the Planning Authority. ## C 13. Prior to the commencement of works on site, including site clearance, those existing trees on site whose removal was not authorised by the approval granted in respect of PA 02/0712, must be adequately protected against damage during the course of construction, in accordance with the recommendations contained in BS 5837 (Section 8). The area between the trunk of each tree and the fencing shall thereafter be referred to as the Protected Area. After the completion of the development works the Protected Area must remain free from excavation or the deposit of materials. ## C 14. The Manx Museum and National Trust must be informed of the date when building work is to commence and be given access at all reasonable times, and reasonable opportunity to inspect the site, observe all excavations and investigate any archaeological features exposed. ## C 15. No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes an indication of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction. ## C 16. 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. ## C 17. Prior to the commencement of development the applicant/developer shall convene a site meeting with the contractor and relevant officers of the DLGE and other Government Departments to agree how the works are to be undertaken in accordance with the approved plans and conditions. ## C 18. Prior to the commencement of any building works, further details including where appropriate, the precise location, construction, elevation and cross sectional details of the proposed flood protection bund and wall and surface water attentuation tank must be submitted to and approved by the Planning Authority. C 19. No development associated with the proposed dwelling (including guttering and foundations) may be carried out on, over or under land which is not part of the defined site. N 20. Prior to the commencement of building works, the applicant is advised to consult with the Access Officer of the Manx Foundation for the Physically Disabled (telephone 619937). N 21. The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection. Decision Made : ... Committee Meeting Date : ... [Table omitted in markdown export] --- *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/76674-malew-plot-1-dwelling/documents/1421694*