**Document:** Officer Planning Report Recommendations **Application:** 06/02156/B — Erection of a dwelling **Decision:** Application Withdrawn **Decision Date:** 2007-06-19 **Parish:** Marown **Document Type:** report / officer_report **Source:** https://planningportal.im/a/82129-marown-land-adjoining-knock-new-build-dwelling/documents/1486074 --- # Officer Planning 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] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] Consulttee: Drainage Division Notes: Objection Consulttee: Highways Division Notes: Do not oppose Consulttee: Braddan Parish Commissioners Notes: Approve Consulttee: IOM Water Authority Notes: Note submitted --- ### Officer's Report #### The Site The application site represents an area of land to the east of the B22 road running through West Baldwin. The area lies below the road level and to the south of the Knock Y Wyllin. #### Planning Status The site is not zoned in the current adopted plan for the area, this being the Braddan Parish District Plan, Planning Circular 6/91. Within the Draft Braddan Plan (April 2001), the site was identified as Proposed Residential, with Paragraph 4.101 stating that: > "It has been suggested by a local family that this site would be suitable for a new dwelling which is desired by them to provide a more suitable home in their local area...Due to the location of the site within the envelope of the village and due to the local desire for this dwelling, the Department would not oppose the principle of one, additional, traditionally designed dwelling in this location." No representations were received in relation to this site in the subsequent Inquiry and no modifications were proposed in the Draft Braddan Plan (February 2003). The Department has since that time abandoned the Draft Braddan Plan and as such no weight may be attached to the policies contained therein with Planning Circular 6/91 being the adopted plan for that area. The site is further identified as being within an area of High Landscape Value and Scenic significance in the 1982 Development Plan Order. It is considered that Planning Circular 1/88 – Residential Development in the Countryside is also relevant to the consideration of the application. #### Planning History The following previous applications are considered relevant to this application: PA 90/4288 – Approval in principle for erection of dwelling and garage, Knock-Ey-Wyllin, West Baldwin. Refused initially 8th June 1991, refused at Review 17th September 1991, refused at Appeal 17th January 1992. PA 96/0107 – Approval in principle for erection of dwelling, Field 1027, Knock-ey-Willyn, West Baldwin. Refused initially 16th May 1996. ### The Proposal The application proposes the construction of a dwelling at land adjoining Knock-y-Wyllin, West Baldwin. The application, which has been submitted in detail, indicates a two storey dwelling with access from an existing driveway. The property would be constructed with rendered walls and tiled roof. In addition, a feature glass wall would be constructed to the river elevation. ### Representations Braddan Parish Commissioners advise that they approve the application and the Society for the Preservation of the Manx Countryside and Environment strongly object to the proposal. In addition, the Department of Transport Drainage Division initially objected to the proposal on the grounds that the proposed dwelling would be sited within 30 feet of a main river thereby preventing any work being undertaken to maintain the embankment. In addition, they commented on the lack of finished floor levels in relation to the adjacent river, and proposed flood mitigation scheme. The application has since been amended; however, no further comments have been received. The Department of Transport Highways Division advise of no objection subject to a condition relating to visibility. The Isle of Man Water Authority request a standard note should planning permission be granted as does the Chief Fire Officer. In addition, the Department of Agriculture, Fisheries and Forestry advise of no objection subject to an 8m wide area being kept free from development to ensure the retention of habitat. The occupiers of Mona House have objected to the development on the grounds that the proposal will adversely impact their right to Private and Family Life under the Human Rights Act. This would be as a result of the increased usage of the shared driveway. In addition, they object to the design of the dwelling, the extension of a ribbon of development and loss of trees. A resident of Port Soderick advises of no objection to the proposal. ### Assessment The application proposes the construction of a dwelling on land not previously developed and not currently zoned for development in the adopted plan for the area, although the site was identified as being suitable for development within the Draft Braddan Plan. No objections where received in relation to the site through the subsequent Inquiry and publication of modifications document, however, notwithstanding this fact, the main consideration in the determination of this application is the current adopted plan, this being Planning Circular 6/91. Within Planning Circular 1/88 - Residential Development in the Countryside, Paragraph 3 states: "Land has been allocated for residential development as extensions of existing towns and villages to take advantage of existing infrastructure and services. The remaining areas of the Island are intended to remain substantially free from development" Furthermore, Paragraph 6 states: "There is always a demand for houses in the countryside. Improved economic circumstances are likely to intensify this demand, but 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." The applicant is not seeking approval for an agricultural workers dwelling and given that the site is not zoned for development, the proposal is therefore considered to be contrary to the provisions of Planning Circular 1/88. With regard to the design and siting, at the time of the Draft Braddan Plan, the written statement identified the site as being suitable for “[a] traditionally designed dwelling in this location.” The application proposes a two storey dwelling with attached garage and single storey element. The site is situated below the adjacent road level and slopes within the site toward the River, thus resulting in a lower level at the river elevation, at which point the dwelling splits, allowing for the introduction of cellars. The property would be finished with render walls and tiled roof, and glazed feature window to the river elevation. In addition, roof lights would be introduced to the front and rear elevations. Whilst not traditional in design, it is considered that given the screening on the site and its location below the adjacent road level, the dwelling would not result in an adverse impact on the amenity of the area, nor detract from the location of the property within the Area of High Landscape Value and Scenic Significance. Access to the site would be gained via an existing access, which the Department of Transport Highways Division advise is acceptable subject to a condition in relation to visibility. It is indicated that the existing dwelling, Knock y Wyllin will gain access over the driveway that serves Mona House. With regard to the comments received from the neighbouring occupier, it is considered that the distance of the proposed dwelling from their property would not result in any detrimental impact on the current levels of residential amenity enjoyed. In addition to the principle of development, objection is made to the use of the shared driveway. The issue of use of the shared driveway is a civil matter, and the access whilst indicted on the plan, is outside of the application site, however, it is considered that a suitable condition may be attached to the use of the access serving the new dwelling, should planning permission subsequently be granted. ### Recommendation It is recommended that the application be refused ### Suggested Conditions Whilst it is recommended that the application be refused, the following conditions are suggested should planning permission be subsequently granted: 1) The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2) This approval relates to the following plans: 06/BE/607 01; 06/BE/607 02C; 06/BE/607 03B; 06/BE/607 04B; 06/BE/607 05B; 06/BE/607 06A submitted as part of this application. 3) The roof(s) must be finished in natural slate or a high quality imitation slate which must be approved by the Planning Authority PRIOR to the commencement of works. 4) The access identified on drawing number 06/BE/607 02C as access to new house, must be used for all traffic associated with the construction and retained thereafter to provide access to the new dwelling. 5) Prior to the commencement of the dwelling, details of the finished floor levels of the dwelling must be submitted for consideration and approval by the Planning Authority. 6) No development may take place within 8 metres of the watercourse to ensure the retention of habitat, prevent disturbance to the watercourse and minimise the risk of riverbank erosion. 7) Prior to the commencement of the development, sight lines of 2 metres by 36 metres must be provided at the proposed access with the B22. ### Notes 1) The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection. 2) For single connections to a water main (i.e. a single dwelling) the applicant should contact Isle of Man Water Authority Customer Services, telephone 695949. ### 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: Braddan Parish Commissioners Department of Transport Highways Division Department of Transport Drainage Division Department of Agriculture, Fisheries and Forestry Given the distance from the site, the Occupiers of Mona House, West Baldwin would not comply with the provisions of Planning Circular 1/06; however, having regard to the access arrangements in relation to the new and existing dwelling, it is considered that Mr and Mrs Carine, Mona House, West Baldwin, should be afforded Interested Party Status. Accordingly the following parties are not accorded Interested Party Status: Chief Fire Officer IoM Water Authority Mr Jessop, Seacliffe, Port Soderick Society for the Preservation of the Manx Countryside and Environment ### Recommendation Recommended Decision: Refused Date of Recommendation: 19.04.2007 ### 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 site is not zoned for residential development within the current, adopted plan for the area (Braddan Parish Plan, Planning Circular 6/91) and as such, the development of the site would be contrary to the well established policies of the Department. Decision Made : ... Committee Meeting Date : ... 6 June 2007 06/02156/B Page 6 of 6 --- *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/82129-marown-land-adjoining-knock-new-build-dwelling/documents/1486074*