**Document:** Planning Officer Report 08/01510/B
**Application:** 08/01510/B — Residential layout for six dwellings with layout of plots, roads and sewers
**Decision:** Refused
**Decision Date:** 2009-03-02
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/86729-st-johns-fields-312909-and-dwelling/documents/1569457

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# Planning Officer Report 08/01510/B

## 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] Consultee: German Parish Commissioners Notes: 09.09.08 - No Objection Defer application until Commissioners have the opportunity to comment Consultee: Manx Electricity Authority Notes: 12.09.08 - No longer object, see below 02.09.08 - Note received Consultee: Manx National Heritage Notes: Lengthy letter, see below

## Officer's Report

THE SITE. The site represents the curtilage of Fields 312909 and 314758 which are located to the south and south west of Balladoyne, St Johns. To the south west of the site is the dismantled railway line and beyond that is St Johns Primary School. Fields 312711 and 312854 along with Balldoyne Farm separate the site from the A1 Peel Road to the north.

THE PROPOSAL This application seeks approval for the residential layout of six dwellings with layout of plots, roads and sewers. The application includes an indication of the temporary access to be used by construction traffic during the development of the site. The application also includes the widening of a section of Balladoyne estate road and the lowering or removal of the existing hedging to the front of the property Rosshay (situated at the entrance of the estate) in order to provide adequate visibility splays. The interface between Balladoyne and the development site would be revised so as to provide adequate width and visibility.

The application proposes 6 plots served by a continued estate road. The layout makes provision for the protection of the cairn site (located to the south of Number 8 Balladoyne) identified by the St Johns Local Plan

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.

17 January 2009 08/01510/B Page 2 of 8

## 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.

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:

"Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."

17 January 2009

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

The owners/occupiers of 5 Balladoyne object to the proposed widening of the existing estate road which they feel is speed calming. Compliance with Condition 6 of PA 06/00371/A which relates to the use of a temporary access for construction traffic is requested.

The owner/occupier of 6 Balladoyne makes reference to the requirements of the Development Brief for the site as set out in the St Johns Local Plan.

17 January 2009

The Manx Electricity Authority comments that there may be a need to divert an existing High Voltage cable which is in the area. A note should be attached to any subsequent approval relating to this.

German Parish Commissioners do not object to this application.

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.

The owner occupier of 10 Balladoyne makes reference to the requirements of the Development Brief for the site as set out in the St Johns Local Plan.

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.

Manx National Heritage have submitted comments in relation to this application requesting that an archaeological watching brief be undertaken during any subsequent development of the site. The requirement set out by the Local Plan for any future dwellings to be single storey in design is reiterated in order to protect the amenity of Tynwald Hill.

The owners/occupiers of 1 Balladoyne pledge their support for this application.

The owners/occupiers of 8 Balladoyne pledge their support for this application.

The Department of Transport Highways Division originally objected to this application on the basis that the plans were insufficiently detailed to allow a detailed evaluation of the traffic and highway safety implications of the scheme. Subsequently and after considerable consultation with the applicant's architect, revised plans were submitted which are to the satisfaction of the Department of Transport Highways Division. These plans have been re-advertised.

## ASSESSMENT

The main issues to be considered in the assessment of this application are whether the proposed layout of plots and roads would provide a satisfactory level of amenity to future occupiers of the development and existing occupiers of Balladoyne, whether the application makes adequate provision for the protection and investigation of archaeological remains within the site, whether the application would provide a satisfactory level of highway safety and 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.

On the first issue, it is 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 indicative dwelling footprints would provide an acceptable level of separation between the existing properties on Balladoyne. In particular, Plot 6 is shown to be at least 11 metres from the shared boundary of Numbers 6 and 7 Balladoyne with a total separation from wall to wall of no less than 27.5 metres. The single storey nature of any future dwellings would assist in assuring that adequate levels of amenity would be achieved.

The application shows that the Cairn site would not be developed and subject to a condition requiring an archaeological watching brief to be undertaken in consultation with Manx National Heritage, it is considered that any archaeological remains would be adequately protected during the development of the site.

The Department of Transport has indicated that it is satisfied with the proposed road layout of the development and the improvements to the existing Balladoyne estate are considered to be appropriate and necessary to allow safe travel within the estate along with entering and exiting the estate to and from the A1.

17 January 2009

The application includes reference to the temporary access to be used by construction traffic involved in the development of the site. This is the same as that shown in the approval in principle application (PA06/00371/A). It is considered that the use of this access is necessary and desirable in order to protect the amenity of the residents of Balladoyne.

Subject to appropriate conditions, some relating to the issues raised by the site Development Brief, it is judged that this application is acceptable.

**RECOMMENDATION** It is recommended that this application be permitted. **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:

- The owners/occupiers of 5 Balladoyne
- German Parish Commissioners
- The owners/occupiers of 3 Balladoyne
- The owner/occupiers of 10 Balladoyne
- The owners/occupiers of 7 Balladoyne
- Manx National Heritage
- The owners/occupiers of 1 Balladoyne
- The owners/occupiers of 8 Balladoyne
- The Department of Transport Highways Division

Accordingly the following parties are not granted Interested Party Status:

- The Manx Electricity Authority

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**Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 17.01.2009 **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.**

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 residential layout for six dwellings with layout of plots, roads and sewers, Fields 312909 and 314758, Land at Balladoyne, St Johns as shown by 4215/L1 received 1st August 2008 and 0725/PL010 Rev B received 12th January 2009.

C 3. All dwellings shall be single storey (dormer accommodation will not be permitted). C 4. Construction traffic must only use a temporary access route, to be formed on land outlined in blue on drawing no. 0725/PL010 Rev B This temporary access must be removed and the land over which it passes must be restored to its current condition within one month of the completion of building operations. No construction traffic shall access th site by Balldoyne.

C 5. Manx National Heritage must be informed in writing of the commencement of works on site 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 6. Appropriate measures must be in place during development works to ensure that the cairn site (as identified by Drawing 0725/PL/010 Rev B) is adequately protected to the written satisfaction of the Planning Authority in consultation with Manx National Heritage.

C 7. All existing trees and hedges within the application site, with the exception of those to be removed or lowered along the northern boundary of the property Rosshay, must be retained and afforded adequate protection during the development of the site in accordance with a tree protection scheme that has been submitted to and approved in writing by the Planning Authority prior to the commencement of works on site.

C 8. The development shall not be occupied until the access to the development has been constructed to at least base course level in accordance with approved plans.

C 9. No dwelling on the application site shall be occupied until the boundary of "Rosshay" on the east side of the junction of Balladoyne and the A1 Peel Road has been altered to provide a visibility splay of 2 metres by 23 metres.

C 10. No dwelling on the development site shall be occupied until Balladoyne estate road has been widened in accordance with approved plans.

N 1. For the avoidance of doubt, no approval is granted or implied for the indicative dwelling and garage foot prints shown on the submitted drawing 0725/PL010 Rev B.

N 2. There is an High Voltage cable in the area highlighted for the proposed dwellings in the planning application. This may need to be diverted before work can commence. Please contact Steve McGhee MEA Operations and Maintenance Engineer (Tel: 687773) to discuss this application.

All work is to be carried out in accordance with Health \& Safety Guidance Note HS(G)47 MEA will not accept liability for any costs incurred for this work.

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 :  Committee Meeting Date :

Signed :
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/86729-st-johns-fields-312909-and-dwelling/documents/1569457*