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The site represents the curtilage of two properties - Seafield Cottage which is a small cottage which lies alongside the north western boundary of the site, and Sea Mount, which is the principal dwelling on the site. Both properties are in the same ownership and share the same access onto Scarlett Road but there is no formal tie associating the two. The curtilage of the two properties extends to two acres.
Seafield Cottage has a footprint of 132 sq m over two floors and is a modest, squat property with little in the way of traditional or attractive features, a slated roof pitched at 25 degrees. This sits immediately alongside the wall which forms the north western boundary of the site. This property is visible from the south and is easily visible, its conspicuity assisted by the pale green colour which it is
presently painted. The property is not seen as skyline development however as there are the southern hills in the background.
The site lies within an area of High Landscape Value and Scenic Significance on the Town and Country Planning (Development Plan) Order 1982. On the draft Southern Area Plan which was published on 23rd October, 2009 the site lies partly within an area of Rugged Coast and partly, where the cottage lies, within Undulating Inland Slopes. The draft plan includes the following advice in respect of these landscape character areas:
This area, stretching from Kentraugh in the west to the Silverburn in the east, comprises largely flat, agricultural land rising gently from the sea as far as the main road through Colby, Ballabeg, and Ballasalla. There are generally few trees in the landscape, although Kentraugh and the banks of the Colby River and the Silverburn are welcome exceptions. The Ancient Monuments on Chapel Hill are of considerable interest, which is enhanced by their setting.
And
The coastline between Scarlett Point and Hango Hill is dominated by Castletown, which sits comfortably around Castle Rushen at the mouth of the Silverburn. There are good views, not only from the coastal roads and paths, but also across the Bay from Langness. The town is neatly framed by farmland to the west, the backdrop of the hills to the north, the green space of the College and the Airport to the east, and the sea in the foreground.
On the draft Southern Area modified draft issued in January, 2011 the site is identified as Low Density Housing in Parkland.
Proposed now is the erection of a swimming pool with associated changing area plant room and gym - all for use by the occupants of Seamount. The development is to take place in the northern corner of the site. The pool house is to be 12.6m long and approximately 2.5m wide. The structure will have a zinc roof and guttering, the walling being "Castlestone" (this may mean Castletown) walling with aluminium windows and folding doors. The structure is mainly 2.5m high with a higher area to the west where a first floor patio is provided with walling up to 3.6m high. The adjacent walling is 1.5m high to the north and hedging which is 2m high to the west. The structure will be built into the adjacent boundary walling.
Four trees are to be removed to facilitate the development - two sycamores and two elms which has been discussed with the Forestry Officer prior to the submission of the application.
The site is not designated for development in the adopted plan (1982 Development Plan). There are no policies which support the development of new detached buildings within existing residential curtilages where these are not identified as residential on the relevant development plan. There is no adverse visual or other impact from the development and as such it would be unreasonable to refuse this application for otherwise acceptable development within an established curtilage, particularly where the site is acknowledged as residential on the emerging Area plan. The proposal accords with the land use designation of the emerging plan as Low Density Housing in Parkland and as such, the proposal should be considered in respect of General Policy 2 of the Strategic Plan 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 space 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 adverse 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."
The main house, Sea Mount has been the subject of the following applications:
PAs 07/1085 and 08/0573 for alterations and extensions and PA 09/1207 for the installation of rooflights and a gable window - all permitted.
PA 10/0152 - replacement of dwelling with two residential units, both ancillary to the occupation of Seamount - permitted.
Malew Parish Commissioners indicate that they do not oppose the application
The Manx Electricity Authority request consultation regarding the provision of an electricity supply, which is not a material planning consideration
Manx National Heritage express concern at the potential loss of trees. They do not object to the proposed swimming pool per se as it will be screened. They refer to concerns expressed by the Forester regarding the loss of trees. They also seek assurance that the drainage from the swimming pool is in accordance with the requirements of the IOMWSA. There are no views from the Isle of Man Water and Sewerage Authority although it is understood from communication with the applicant that discussions have been held with Dr. Styles from the Department of Environment, Food and Agriculture in respect of discharge of water from the pool and that his consent has been forthcoming.
Confirmation from the Isle of Man Water and Sewerage Authority and defa indicate that the matter of drainage from the swimming pool is covered by Environmental legislation and that they have no objection to the principle of the pool and that a licence to discharge will be required.
The erection of the swimming pool building will not have an adverse impact as it will be largely screened from public view. The critical issue in respect of this proposal is the resultant loss of trees - sycamores and elms which are within an area where there are other trees and whose removal will have little impact on the public view. The opportunity for new planting to replace those trees lost is limited as there are trees close to the proposed new building and not a particularly large area for the planting of new trees.
The matter of drainage is a matter for the IOMWSA and the DEFA who will have to issue a discharge licence before anything can be released into any watercourse. There is no indication from either agency that there is a problem with this.
As such, it is judged that there is no objection to the application which is recommended for approval.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The Manx Electricity Authority raise issues which are not material considerations and as such should not be afforded party status
Manx National Heritage are a statutory authority and as such should be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 16.03.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 erection of a swimming pool and associated facilities all as shown in drawings SMP/00-01, SMP/00-02, SMP/00-03, SMP/01-01, SMP/01-02, SMP/01-03, SMP/01-04, SMP/01-05, SMP/01-06, SMP/01-07, SMP/01-08 and 10B all received on 2nd February, 2011.
N 1. The applicant should consult the Isle of Man Water and Sewerage Authority and the Department of Environment, Food and Agriculture with respect to the drainage of the swimming pool.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.
Decision Made : Permitted Date : 16 March 2011
Signed: Senior Planning Officer Director
Signed: Senior Planning Officer Director
16 March 2011
16 March 2011
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