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The proposed dwelling would have a width of 14.9 metres, a depth of 7.4 metres and a ridge height of 5.5 metres. The dwelling is of a single storey traditional design, with a smooth plain render elevational finish and a dark coloured natural slate roof. ## Reprsentations Ballaugh Parish Commissioners:- "No objections" Highways Division objected to the following reason:- "The visibility splays required for this proposal would be 36 metres as the site is within a 30 mph speed limit. The sightlines need to be along the kerb line in both directions." The Isle of Man Water and Sewerage Authority:- "The Division has received a Flood Risk Assessment for the above property which demonstrates that the property has an acceptable Flood Risk. The applicant is advised that under section 35 of the Land Drainage Act 1934, written consent is required from the Isle of Man Water \& Sewerage Authority for any work carried out on any watercourses through the Island. It is strongly recommended that the applicant contact the Drainage Division before work commences on site to discuss the proposed work on the riverbanks." The Authority has received no privately written representations objecting to the application. ### Assessment As indicated within the planning history section of this report, a valid approval in principle application (07/00958/A) is current in force for the replacement of the existing workshop with a dwelling. This scheme is a Reserved Matters Application; therefore it is not required to consider the principle but whether such a development as proposed would be appropriate for this site and the locality it is within. In terms of design, the surrounding properties in the locality comprise of a large traditional two storey converted barn, a number of traditional Manx properties and a number of single storey modern detached bungalows (1970's). The proposal in terms of massing and proportion follow the lines of a traditional Manx cottage, as does the finishes of the dwelling. However, the windows fenestrations, which in part are larger than the normal traditional windows, are of a more modern property. It is considered that given the mixture of designs, styles and sizes of properties within and along the Glen Road, the proposal in terms of its design would be acceptable. The next issue relates to the Highway Divisions concerns of the inadequate visibility splays proposed. The Division requires 2 metres by 36 metres in both directions. The submitted plans indicate splays of 2 metres by 18 metres therefore below the requirement. However, it is perhaps very important to note that under the approval in principle application, a condition was attached which required 2 metres by 18 metres, as request by the Highway Division. Therefore, it is considered inappropriate now, at this stage to now require a higher standard. Furthermore, the existing access which looks in a southern direction (looking right when exiting site) can provide the 2 metres by 36 metres, albeit two trees are likely to have to be removed (this report will cover the acceptability for the removal of the trees in due course). In fact the visibility would be at least 2 metres by 70 metres if the trees are removed. The splays looking towards the north of the site (looking left when exiting site), also do provide greater visibility than 2 metres by 18 metres, which is due to the layout of the road and unobstructive views along the Glen Road. Visibility would also be at least 2 metres by 70 metres. Furthermore, traffic travelling towards the site from Ballaugh Village would be on the opposite side of the road of the exiting vehicle on a road with a speed limit of 30 mph . Overall it is considered this proposal would not result in a significant impact upon highway safety. The application also proposes two off road parking spaces within the site, as well as a turning provision. The application would therefore comply with the relevant parking standards as indicated within the Isle of Man Strategic Plan. As part of the previous application, a condition was attached; requiring a Flood Risk Assessment to be undertaken at the reserved matters stage. This was requested by the then Drainage Division. The applicant has submitted an Assessment to the Water and Sewerage Authority. They have considered the assessment and have no objection to the proposal. In terms of the internal amenity space, the proposal would result in a three bedroom property, which includes a separate kitchen, lounge, utility room, study and bathroom. The principle room (lounge) has views towards the side garden (south of dwelling) and views towards to fields to the south. Overall, it is considered the proposal would result in adequate amenity space, whilst also having clear and pleasant outlooks. Externally, the proposal would have a reasonable sized garden for a dwelling of this size to the south of the dwelling, but also have a smaller garden to the north of the dwelling. For these reasons it is considered the proposal would have acceptable amenity standards for future occupants. As stated previously in this report, the site is within an area of woodland. This consequently means that all trees within the site and the surrounding are area protected. Discussions with the applicant and the Forestry Division have indicated that the group of trees located along the eastern boundary of the site (directly opposite proposed dwelling) are the only trees which canopy overhangs the dwelling. These discussions have resulted in the Forestry Division having no objection to the loss of these trees. Visiting the site and studying the plans there are a total of five trees, split in to two groups. All but one, are not of a substantial size or quality. Furthermore, they are within very close proximity to overhead electric power lines and a telegraph pole. Therefore, it is likely the cutting back of branches of these trees would be required and therefore the removal in terms of electric provision and telephone lines would be beneficial. As indicated previous, to provide the required visibility to the south it is considered likely the trees located next to the telegraph pole would be required to be removed. These two specimens are not of a high quality or size and there removal would no be a significant loss to the area. The removal of these trees would also be beneficial to the visibility for users of the existing workshop, even if the dwelling was not constructed. It is likely the remaining three trees in the 2nd group would also be removed given the proximity of the proposed dwelling. However as indicated, the Forestry Division have no objection. The loss of these two groups of trees along the eastern boundary of the site would not have a substantial impact upon the character or quality of the area, given there would still be a number of trees which line the majority of Glen Road. Accordingly, it is considered a condition requiring the planting of replacement trees within the site would be appropriate. A further condition should also be attached which requires a method statement be undertaken and approved by the Planning Authority, in consultation with the Forestry Division, to ensure the safeguarding of the trees retained within the application site. An aspect which also needs to be taken into consideration is the potential impact upon the nearby riverbank and stream. Environmental Policy 7 indicated that development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species. The proposal would result in being approximately 4.5 metres from the stream, which is the same as the existing workshop building. This workshop deals with oil, petrol, diesel etc, and given its age of the property, unlike to have any protection measure to prevent potential pollutants entering the nearby stream and water system. Accordingly, it is considered a dwelling in the long and medium term would be a preferable over the previous usage of the site, in terms of protecting the watercourse and bankside habitats and species. During the short term, there are potential concerns of pollutants and damage to the watercourse due to the construction phase of the development. The Water and Sewerage Authority have also considered the potential impact and have requested that the applicant contact the Authority before any works commence to discuss the proposed works on the riverbank. It is considered a condition be attached which requires a Method Statement for the protection of the riverbank during the construction period, be submitted and approved by the Planning Authority prior to works commencing. ## Recommendation For these reasons the proposal would be appropriate in this location and therefore it is recommended the application be approved. ### Party Status I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Ballaugh Parish Commissioners Water and Sewerage Division The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 20.07.2010
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.
C 2. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.
C 3. This approval relates to the reserved matters application for the erection of a detached dwelling as replacement to an existing workshop as proposed in the submitted documents and drawings 07 0332/1, 07 0332/2 and 07 0332/3 all received on 27th January 2010.
C 4. Prior to the commencement of any works, there must be submitted to and approved by the Planning Authority a construction method statement; this should address in particular the safeguarding of the riverbank and river and should be in consultation with the Isle of Man Water & Sewerage Authority.
C 5. Prior to the commencement of any works, there must be submitted to and approved by the Planning Authority a construction method statement; this should address in particular the safeguarding of the trees within the site and should be in consultation with the Forestry Division.
C 6. No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Planning Authority and these works shall be carried out as approved. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of any of the proposed dwellings hereby permitted. Details of the soft landscaping works include the planting of additional trees to replace the group of trees along the eastern boundary of the site. All planting shall be carried out in accordance the approved details in the first planting and seeding seasons following that first occupation. Any trees or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the planning authority gives written consent to any variation.
C 7. In the interest of Highway Safety a minimum visibility splays of 2 metres by 18 metres shall be provided. Any hedge or boundary feature within this splay must be no higher than 1.05 metres in height.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made:
Authority Meeting Date: 12/08/10
Signed: _________________________ Presenting Officer
Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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