**Document:** Officer Planning Report **Application:** 07/01687/B — Demolition of existing dwelling and erection of a detached dwelling and garage **Decision:** Permitted **Decision Date:** 2007-11-29 **Parish:** Arbory **Document Type:** report / officer_report **Source:** https://planningportal.im/a/83936-colby-silver-beech-demolition-garage/documents/1510971 --- # 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 ### Written Representations ### Consultations ### Officer's Report ## THE SITE The site represents the curtilage of an existing dwelling situated on the western side of the Colby Glen Road (A27) and to the south of a lane running to the north of Ballachrink - an estate of relatively modern properties. The existing property on the site is a hipped roofed bungalow with detached outbuildings. To the east is Glen Arm, an existing two storey property and to the south west is number 4, Ballachrink. PLANNING STATUS The site lies within an area designated on the Arbory and East Rushen Local Plan as Residential. PLANNING HISTORY The following applications have been considered in respect of this site: PA 98/1490 - approval in principle for the erection of two dwellings to replace existing dwelling - refused on appeal PA 05/1047 - approval in principle for erection of a replacement dwelling with detached garage - refused PA 05/92194 - approval in principle for the erection of a replacement dwelling with detached garage - permitted PA 06/0941 - demolition of existing bungalow and outbuildings and erection of a dwelling and garage - refused on appeal. The reason for refusal of the last of the above applications was as follows: "The proposed dwelling would adversely affect the living conditions of the residents of Glen Arm and would be out of character, due to its size, with the neighbouring dwellings". ## THE PROPOSAL This latest application seeks to overcome the reasons for refusal of the last application. The applicant suggests that the area is not characterised by any particular style of architecture and the dwelling now proposed is lower than Glen Arm. Permission has been granted by Department of Agriculture, Fisheries and Forestry for the removal of 5 pines on the basis of their proximity to the existing and proposed dwellings. The proposed dwelling is 0.7m lower than the ridge of Glen Arm and projects no further forward (south) than does Glen Arm. There were in the originally submitted plans, four windows in the elevation facing towards Glen Arm - two kitchen windows on the ground floor and a bedroom and ensuite window on the first floor. However, this has been amended to omit the bedroom windows in the first floor of both the side elevations so that the only first floor windows in the side elevations are serving bathrooms and will be fitted with frosted glass. The property is to be a dormer bungalow which has a footprint of 11m by 14.3m and 7.5m in height to the ridge. REPRESENTATIONS There are objections to the proposal from the occupants of Glen Arm who state that the proposed building is substantially larger than the existing and that the proposed dwelling will restrict light to the side of their property. They also point out that several healthy trees will be removed, although the applicant has stated that he has a felling licence for 5 pines (see above). The objector also points out that the existing roof is finished in asbestos tiles. The occupant of 4, Ballachrink expresses concern at the proposal on the basis that the overall height of the property and the number of windows facing his property. He also asks for protection of the trees on the western side of the site as was undertaken in the 2006 application and expresses concern at the need to remove the 5 pines at the eastern end of the site (which already have permission to be felled). He also notes that the existing roof is finished in asbestos. The occupant of 3, Ballachrink also objects to the application on a similar basis as the other two objections, outlined above. He points out that no comparison in height has been made to the bungalows in Ballachrink. Arbory Parish Commissioners indicate that they consider the proposed dwelling is too large in mass and will be over-bearing in respect of nearby dwellings. Isle of Man Water Authority, Department of Transport Drainage Division and The Isle of Man Fire and Rescue Service recommend notes regarding the supply of services to the development. Department of Transport Highways and Traffic Division recommends that a condition be attached to ensure that visibility splays of 2m by 18m are available onto the Glen Road. However, the land surrounding the access from the lane onto the Glen Road is outwith the site and not in the ownership of the applicant and as such a condition to this effect could not be attached to any approval. ### Assessment The proposed dwelling is more modest in appearance and massing than the previous proposal and 1.5m lower but with gable ended roof rather than the hipped roof as previously proposed. It will be 1.75m closer to the boundary with Glen Arm than is the existing property. Being due west of Glen Arm, I do not consider that the proposed dwelling will block a substantial amount of light from this adjacent property - the removal of the pine trees may help this. The dwelling is not unduly large compared either with the site or the size of some of the dwellings in the vicinity and is lower than Glen Arm. The critical issue is the impact of the property on Glen Arm as was of concern in the case of the most recent application. Issues relating to the disposal and removal of asbestos are not planning matters and are the responsibility of health and safety. The relationship in terms of height, with the bungalows in Ballachrink was raised in the previous appeal in terms of the Inspector's reference to "neighbouring dwellings" although he refers in the report to the impact of the proposed dwelling "being less adverse" than on Glen Arm but nevertheless "would be much larger and out of character with the neighbouring dwellings to the west". As the proposed dwelling has been reduced in height and impact, it is now considered that the dwelling now represents a stepping stone between Glen Arm and the bungalows in Ballachrink. There is no suggestion in any of the previous submissions that the proposed dwelling should be truly single storey. The omission of the first floor windows in each side elevation will prevent any overlooking and it is considered that the reduction in height will prevent any significant loss of light to Glen Arm. As such it is recommended that the application is permitted. ### Party Status The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. The occupants of Glen Arm and 3 and 4, Ballachrink are directly alongside the application site and as such should be afforded party status in this instance. Isle of Man Water Authority and The Isle of Man Fire and Rescue Service raise issues which are the responsibility of the Building Regulations or other legislation and as such should not be afforded party status in this instance. ### Recommendation Recommended Decision: Permitted ## 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 permission relates to the construction of a replacement dwelling and new garage as shown in the front and rear elevations and floor plans for the main house and garage plans all received on 16th July, 2007 and the side elevations of the main house as received on 24th October, 2007. (Handwritten note: "hic 2007") C 3. The roof must be finished in dark grey slate-coloured tiles. C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.) C 5. There must be no discharge of surface water to the main foul sewer. C 6. The proposed development must be connected to the main foul sewer. NOTE: A Drainage Connection Fee will be payable to the Drainage Authority on this development N 1. PRIOR to the commencement of any works the applicant is advised to consult the Chief Fire Officer to ensure that adequate fire precautions are taken. N 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. 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 : 26/11/07 Signed : M. I. McCauley Director of Planning and Building Control Decision Made : Permitted Date : 26/11/07 Signed : M. I. McCauley Director of Planning and Building Control 23 November 2007 23 November 2007 --- *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/83936-colby-silver-beech-demolition-garage/documents/1510971*