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Application No.: 24/00720/B Applicant: Mr John Humphrey Proposal: Variation of Condition 1 to PA 22/00077/B (Erection of dwelling and attached garage with annex and creation of vehicular access) for an extension of time for a further 2 to 4 years Site Address: Land Adjacent To Longmead Ballakillowey Road Colby Isle Of Man Planning Officer: Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.10.2024 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
[numbers, density, size, species and positions of all new trees and shrubs] and a programme of implementation.
The works shall be carried out within the first planting season following the occupation of the development and in accordance with the programme agreed in writing with the Department and retained thereafter. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced with the same species within the next planting season unless otherwise approved in writing by the Department and retained thereafter.
Reason: To ensure the provision of an appropriate landscape setting to the development in the interest of visual amenity and ecology, and in the interest of highway safety in respect of driveway finishes.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Reason: To control development in the interests of the visual and neighbouring amenities of the surrounding area.
This application has been recommended for approval for the following reason.
The scheme duplicates a previous approval and there have been no changes in circumstance, policy or material considerations since that previous approval to warrant a different decision now being reached. Therefore subject to conditions relating to access, landscaping and external materials as well as a further condition in respect of surface water, the application is considered to have an acceptable visual, amenity and highway safety impact that complies with D15 of the Area Plan for the South 2013, and with Strategic Policies 3 and 5, General Policy 2 and Environment Policy 42 of the Isle of Man Strategic Plan and which is also considered to meet the tests of the Residential Design Guide 2021.
Plans/Drawings/Information; This approval relates to the following all date received 24/06/2024:
None ___________________________________________________________________
1.0 THE SITE - 1.1 The vacant site sits on the eastern side of Ballakillowey Road (A36), Colby. The site has been subject to a number of previous planning applications for a new dwelling. Most recently and most relevant to this application 22/00077/B which was approved for a single dwelling on 7th April 2022. This application was received 26th June 2024 and still considerably within the 4 year implementation period.
2.0 THE PROPOSAL - 2.1 The current application duplicates exactly the scheme approved under 22/00077/B for a new dwelling and access works. - 2.2 The dwelling is proposed to be two storey modern interpretation of a traditional Manx cottage with integrated stacks and a linked cat slide extension at the rear leading to a double garage. The main dwelling is to sit with its gable facing onto to the road while the smaller garage structure sits gable facing towards the road. - 2.3 Access is proposed in the southern corner nearest the garden of 'Longmead'. The site plan indicates some fencing around the site along with hedging. The existing hedging and sod banks along the roadside and eastern boundaries are to be retained. There is no detail given for the northern boundary. - 2.4 The dwelling is proposed to be finished in a mix of smooth painted render, natural stone cladding and vertical timber or composite cladding throughout and with a dark grey artificial slate roof.
3.0 PLANNING HISTORY - 3.1 The application site has been the subject of seven previous planning applications, and as previously mentioned 22/00077/B is most relevant in this case.
4.1 The site lies within an area designated on the Area Plan for the South 2013 Map 7 as 'Residential'. The site is not located within a flood risk zone. The site falls within the D15 landscape character area on the Area Plan for the South 2013:
"Port Erin and Port St Mary (D15): The overall strategy is to maintain and enhance the character, quality and distinctiveness of the local built vernacular and integrity of the nucleated settlements of Port Erin, Port St. Mary and Ballagawne, the scattered traditional farm dwellings and to maintain the field pattern and semi-upland character of the upper slopes.
Key Views: Extensive panoramic views from higher ground on hill slopes along coast to the Calf of Man, inland over the Scarlett Peninsula and up the Southern Uplands and Meayll Hill."
4.2 In line with the land use designation there is a general principle in favour of residential development in this location. In the assessment of this application it is relevant to consider the general standards of development as set out in General Policy 2 (GP2), and Environment Policy 42 (EP42) which relates to development within existing settlements needing to take into account particular character and identity. Strategic Policy 3 (SP3) also requires that proposals should have regard to the use of local materials and character in their design and Strategic Policy 5 (SP5) requires that new development should be designed so as to make a positive contribution to the environment of the Island. - 4.3 The Residential Design Guidance 2021 (RDG) also provides advice on the design of new dwellings, suggesting that the context of the site and its surroundings are appropriate considerations when considering the design of new dwellings. It also sets out the way in which the impact of development on the living conditions of those in adjacent dwellings may be measured.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.1 Rushen Parish Commissioners - in support (20/09/2024). - 5.2 Department of Infrastructure (DOI) Highways Division - No highways interest (29/06/2024) - 5.3 DOI Highways Drainage - Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads and the applicant should demonstrate compliance with the clause. - 5.4 No comments received from neighbouring properties.
6.0 ASSESSMENT - 6.1 It is clear that there has already been and remains an outstanding approval on this site under 22/00077/B which is not due to expire until 7th April 2026. This application seeks to vary the time period condition 1 of 22/00077/B by a further 2-4 years which takes us to 2028/2030. The key issues to consider is whether there have been any changes to circumstances, planning policy or any new material considerations since the original approval in 2022 which would justify a different decision now being reached, and whether approval should be for a further 2 or 4 years and from what date should that be considered. - 6.2 There have been no changes in policy or circumstances since the last approval in 2022. The scheme duplicates exactly that as previously approved under the same policy testing that applies now and so it would be unreasonable to now refuse the application.
6.3 There remains no objections from the Commissioners and no comments have been received from any neighbouring properties. The DOI Highway Services previously commented on 22/00077/B requiring the access to be laid out in accordance with the plans by condition although have not raised this as a matter for this application it would be good practice t duplicate those previous access and visibility splay conditions of 22/00077/B in this case. - 6.4 New comments have been received from DOI Highway Drainage in respect of surface water not entering the highway and the applicant's legal obligations under the Highways Act. Minded that the application matches exactly that previously approved it would be unreasonable to refuse the application on these grounds alone, especially minded that there is as noted separate highway legislation which safeguards no surface water entering the highway. Nevertheless a fifth condition in respect of such surface water details being provided which would help towards ensuring its provision and long-term retention in the interest of highway safety. Time period. - 6.5 The applicant explains that the reason for the application is due to contract work commitments which are due to expire in 2026 and an extension would then allow them sufficient time to return to the Island and undertake the project. - 6.6 Usually these types of variation of time conditions come in towards the end of the original applications 4 year life, in this case the application has come in half way through the original 4 years and the proposal is seeking an extension by a further 2-4 years. Variation of condition applications are to be considered afresh and against current policy and legislation. The application is therefore being considered as of today and is considered to be acceptable and therefore the timing condition to be applied in this case will be the standard 4 year condition.
7.0 CONCLUSION - 7.1 Just as the last application was approved, the current application remains acceptable subject to a duplication of those previous conditions of 22/00077/B and the addition of a further condition to address the surface water drainage details to be provided.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted Date: 22.10.2024 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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