**Document:** Officer Planning Report **Application:** 06/01923/A — Approval in principle for the erection of a detached dwelling with garage Duration of consent extended by 2 years until 15/03/11. Agreed by Acting Senior Planner 14/01/09. **Decision:** Permitted **Decision Date:** 2007-03-15 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/81987-german-land-at-ballaquane-extension-garage/documents/1484580 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [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 application site represents land to the rear of Ballaquane Cottage, Poortown Road, Peel. This land currently forms the rear garden of Ballaquane Cottage. The site can be accessed via a lane that runs the length of the site from the Poortown Road to the north-east boundary. Ballaquane Cottage is situated slightly set back from, and adjacent to, the main road. The cottage has its own single car drive way and integral garage. ## Planning Status The site is not zoned for development on the 1982 Development Plan. The site is located within the Peel Local Plan Order 1989 and falls to be considered under Planning Circular 6/89, the Peel Written Statement. The site is situated outside the Residential Town Perimeter as indicated by the Peel Local Plan. As a proposal for the construction of a dwelling, the application also falls to be considered under Circular 1/88, Residential Development - Houses in the Countryside. ## Planning History 02/01428/A – A previous application for Approval in Principle for the erection of a bungalow with double garage was submitted 15th October 2002. This application was refused after going to appeal. The following reasons for rejection were given: - The site is not zoned for development on the 1982 Development Plan. The creation of a new dwelling to the rear of the existing in a tandem arrangement would represent an unwarranted intrusion into the countryside. - The development would result in a poor relationship between the existing and proposed dwelling and there are no exceptional circumstances to permit such development which would be contrary to the land zoning as well as the Department's countryside policies. - Notwithstanding the above, insufficient information has been submitted to demonstrate that adequate sightlines could be achieved at the point where the proposed access meets the Poortown Road. ## The Proposal The application seeks Approval in Principle for the erection of a three bedroom single storey dwelling with garage on land to the rear of Ballaquane Cottage, Poortown Road, Peel. ## Representations The following representations have been received: 1. S.P.M.C. & E. – object to the proposal on the grounds that it is a 'tandem development'. The society acknowledges that the adjoining land to the west is zoned for residential development and if some access arrangement through that land/development/estate could be arranged, the situation might be more favourable. 2. The I.O.M Water Authority – express an interest in the application and request that the following condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws Services'. 3. The Department of Transport – do not object to the proposal subject to the imposition of the following conditions: - Two no. off street parking spaces are provided within the curtilage of the proposed dwelling. - An on site turning facility is provided within the curtilage of the dwelling. - The existing access is widened to 4.1 metres for the first 4 metres of the driveway. - Site lines of 2 metres by 36 metres shall be provided to afford stopping site distance visibility to vehicles exiting the site. - A reserved matters application shall be submitted to address access, parking and turning arrangements. 4. German Parish Commissioners – have no objection to the application. 5. Mr Jessop – does not oppose principle of development but questions access. ## Assessment The application seeks Approval in Principle for the erection of a detached three bedroom single storey dwelling on land to the rear of Ballaquane Cottage, Poortown Road, Peel. As the proposed site falls outside of the area zoned for residential development within the Peel Local Plan, the proposal must be assessed with regard to Circular 1/88, Residential Development - Houses in the Countryside. Paragraph 6 of this Circular states: 'With the exception of housing to serve the needs of a viable agricultural holding it is the Department's policy to discourage residential development in the countryside.' This proposal makes no claim to meet this requirement. The proposal can also be assessed with regard to the draft Isle of Man Strategic Plan, 2004. Paragraph 7.35.1 States: "Backland development" may also be acceptable in some circumstances, but only if satisfactory access can be contrived and if there is sufficient space to provide adequate amenity for both new and existing adjoining dwellings. Access to the proposed site is to be gained via a lane that runs to the west of Ballaquane Cottage from Poortown Road to the north-east boundary of the site. This separate access would assist in creating two independent dwellings. Concerns regarding safe access to and from the site remain pertinent to this application. However the DOT has indicated that if conditions set out are adhered to, then there is no objection to this proposal on the grounds of road and traffic safety. Having undertaken a site visit to consider visual impact and issues of access, the following assessment has been made: The proposed access to the site is in relatively close proximity to Ballaquane Cottage. It would be expected that there would be a minimal impact on privacy, noise and disturbance as the location of the proposed access is such that any anticipated detrimental impacts would be negligible. Access via the new residential development to the west of the site is an option worthy of consideration as this would solve any perceived road and traffic issues related to accessing the site from a main road. However, with no objection from the DOT subject to conditions, there is little justification for rejecting the proposal on account of the proposed access via the lane. It is accepted that with these conditions in place, access to and from the site will not be dangerous. The site immediately borders land to the west that is zoned in the Peel Local Plan as 'Predominantly Residential'. This land has now been developed, with the final stages nearing completion. Although deviation from the Local Plan is discouraged, in this case there is a good argument for allowing development on this site because the boundary that indicates 'Predominantly Residential' development on the Plan is drawn awkwardly around the proposal site. It is considered that development on the site would no longer be out of character to its surroundings given that it is now bordered by a large residential development. It is therefore no longer considered that this development would represent an unwarranted intrusion into the countryside. The view from Poortown Road towards Peel now includes several apartment blocks forming the eastern boundary of the Ballawattleworth Estate. The addition of a single storey dwelling to this view would not be visually intrusive. Concerns over the scale of the proposed dwelling in relation to surrounding buildings are also allayed as the nursery building to the west of the site is also single storey. Impacts on Ballaquane Cottage associated with what is termed a 'Backland development' are expected to be minimal. The distance between the existing and proposed dwelling is 22 metres, considered to be an appropriate separation to afford acceptable levels amenity to both dwellings. The relationship between the proposed and the existing dwellings is, in principle acceptable when assessed on the plans submitted. Conditions attached in reserved matters will best ensure an appropriate relationship between the dwellings. Views from Ballawattleworth Estate are not expected to be affected to any meaningful degree. Existing trees (Leylandii sp.) will require removal or substantial pruning to allow access, however this will not create such a negative visual impact that would warrant a refusal. On balance it is deemed appropriate to grant Approval in Principle to this proposal subject to conditions. ### Recommendation It is recommended that the application be permitted. ### Party Status It is considered that all parties, who submitted comments, with the exception of the following: - SPMCE, - Mr Jessop, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status. ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** --- ### Conditions and Notes for Approval / Reasons and Notes for Refusal **C : Conditions for approval** **N : Notes attached to conditions** **R : Reasons for refusal** **O : Notes attached to refusals** **C 1.** This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping, etc) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application. **C 2.** This approval relates to the plans and information submitted as part of this application and date stamped 7th November 2006. N 1. For water connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the Isle of Man Water Authority Planning and Projects Section, telephone 695958. I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer) Decision Made : Permitted Date : 13/3/07 Signed : [Handwritten signature] M. I. McCauley Director of Planning and Building Control --- *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/81987-german-land-at-ballaquane-extension-garage/documents/1484580*