DEC Officer Report

Application No.: 23/01285/B Applicant: Mr John Keenan Proposal: Erection of a new detached dwelling and re-alignment of access road, (part retrospective), at Plot 4, Stable Fields, Station Road, Ballaugh Site Address: Field 224255 Station Road Ballaugh Isle Of Man Planning Officer: Toby Cowell Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.10.2024 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

• C 2. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only. Reason: In the interests of highway safety.
• C 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• C 4. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.

• Reason: In the interests of the character and appearance of the site and surrounding area.
• C 5. The development shall be undertaken in full accordance with the details contained in the approved Ecology/Landscaping Details Plan (Drawing No. 231783 06) prior to the occupation of the development and maintained thereafter, with all planting to be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the site, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: In the interests of ecology.
• C 6. No external lighting shall be installed unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to the Department and approved in writing. All works must thereafter be undertaken in full accordance with this plan. This must include measures such as lighting avoidance areas (watercourse, boundary trees and hedging), suitable lighting temperatures, use of timers and passive infrared sensors. Reason: In the interest of protection of bats
• C 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.

This application has been recommended for approval for the following reason.

The proposed development is considered to be acceptable in principle by providing a new dwelling of a high standard of design, without detriment to the character of the wider streetscene or landscape setting. The proposals would further provide a high standard of living for future occupants, without detriment to the amenities of surrounding residential properties. The development is further considered to be acceptable with respect to highways impacts, flood risk and ecological matters.

The proposals are therefore deemed compliant with Spatial Policy 4, General Policy 2, Environment Policies 4, 5, 10 and 42, and Transport Policies 4 and 7 of the Strategic Plan.

Plans/Drawings/Information; This decision relates to the following plans and documents referenced; Preliminary ecological appraisal 23 1783 06 - Ecology landscaping details and plan Received 04.09.24

• 23 1783 01 RevA - Site and location plan 23 1783 05 RevA - Site plan Received 24.04.24

Flood Risk Assessment Received 30.11.23

• 23 1783 02 - Ground floor plan
• 23 1783 03 - First floor plan, elevations and sections
• 23 1783 04 - 3D visuals Site photos Covering letter Received 07.11.23 _______________________________________________________________

Interested Person Status

It is recommended that the following government departments should be given Interested Person Status:

Department of Infrastructure Flood Risk Management Division

It is further recommended that the following should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings:

Mwyllin Squeen, Bayr y Wyllin, Ballaugh

as they have explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. ___________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site relates to a largely rectangular plot of land located at the far western end of an access road which extends westward off Station Road, Ballaugh. The access road in question itself further connects to Cronk Breck Close which provides access to Cronk Breck Cottage, Squeen Lodge and Mwyllin Squeen further to the south-west. The site comprises one of 4 plots originally granted approval in principle for residential development in 2002. Since that time, the other 3 plots have been granted detail permission and subsequently developed, with 'Plot 3' adjoining the site currently under construction. - 1.2 The site is bounded by a mature tree belt lining a watercourse to the west and a dense tree line to the north, with 2 no. properties bordering the site to the south within the cul-desac of Faaie Crane (nos. 10 and 12). A further property, Mwyllin Squeen, is located within relative proximity to the west on the opposite side of the tree belt and watercourse.

2.0 THE PROPOSAL - 2.1 Planning permission is sought for the erection of a sizeable 4-bedroom detached twostorey dwellinghouse. The proposed dwelling would incorporate a largely unique architectural style incorporating two towers on the principal (north-eastern) elevation, with varied roof pitches and fenestration. The proposals would incorporate a 3 bay attached single-storey garage, a first-floor terrace on the rear elevation, and wide full length external chimney breast on the north-western elevation. - 2.2 The dwelling would be finished in a combination of brickwork and painted render, with blue/grey natural slate for the roof. The general architectural vernacular and external finish would largely reflect that of the adjoining Plots, albeit with varied footprints and styles to ensure uniqueness between each property.

3.3 The proposals further include a re-alignment to the western section of the access road on a part-retrospective basis. It was noted by officers that the present alignment of the road as constructed on site deviated from that which was previously approved and included as part of the original submission for the current application. Amended plans were subsequently provided to accurately reflect the present situation on the ground.

3.0 PLANNING HISTORY - 3.1 The wider landholding (i.e. Plots 1-4) has a fairly extensive planning history. Approval in Principle was initially granted for the erection of four dwellings on the wider site under PA 02/02007/A. Reserved matters approval was subsequently issued under PA 06/01898/REM, which only sought approval for the estate layout to include roads, plots and sewers. No details of any of the dwellings were provided at that stage. - 3.2 Subsequent to this, a number of applications for either pairs or individual dwellings have been submitted at Plots 1, 2 and 3 (with Plot one being nearest the road). Some of these applications have been successful, others not, with many decisions being issued following appeals. Concerns sufficient to warrant applications' refusals have generally related to the proposed positions of the plots rather than the design of the dwellings themselves. The refused applications saw plots proposed as being, in the minds of the Inspector and Minister, too close to the adjacent Faaie Craine cul-de-sac. - 3.3 Most recently, PA 13/00677/B was submitted, seeking approval to re-align the estate road compared to that approved under PA 08/02305/B. However, there was a condition attached to that approval preventing occupation of the dwellings until the access road had been completed as per the approved drawings under 06/01898/REM: this resulted in a situation where, were PA 13/00677/B approved, no legal occupation of the dwellings approved in 2008 ever take place as the access road would have been in a different position to that shown in the 2006 application. - 3.4 As such, the applicant was advised to submit an application (PA 13/91109/B) seeking to vary that condition and also to re-align the access road. However, as at the time the 2008 approvals were issued the approved plans were set out by condition: to amend the position of the access road was considered to go to the heart of the original planning approval, and that to attempt to achieve this through varying a condition would therefore be unlawful. Both of those 2013 applications were subsequently withdrawn. - 3.5 Most recently, planning permission was granted for the erection of two detached dwellings with garages (comprising amendments to PA 08/02305/B) showing further realignment of approved estate road (i.e. Plots 2 and 3). This permission was subsequently implemented with Plot 2 being complete and Plot 3 currently under construction.

- 4.0 PLANNING POLICY

4.1 The application site is located within the named settlement of Ballaugh as identified in the Strategic Plan (2016). The application site is within an area recognised as being within predominantly residential use under the IOM Development Plan Order 1982. The site is not within a Conservation Area. - 4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy

• 1 Efficient use of land and resources
• 2 Priority for new development to identified towns and villages
• 3 To respect the character of our towns and villages

• 5 Design and visual impact 11 Housing needs

Spatial Policy

• 4 Development in remaining villages

General Policy 2 General Development Considerations

Environment Policy

• 4 Protection of species and habitats
• 5 Mitigation against damage to or loss of habitats 10 Development and flood risk 42 Designed to respect the character and identity of the locality Housing Policy

• 1 Housing needs 4 New Housing to defined existing towns

Transport Policy 4 Highways safety 7 Parking provision

4.3 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.

- 5.0 REPRESENTATIONS

5.1 Ballaugh Parish Commissioners - No response received at the time of writing. - 5.2 Highway Services - Having reviewed the proposed layout of the access road and the dwelling's driveway, HDC have no significant concerns with the layout of the access road and dwelling's driveway and therefore do not oppose (DNOC) the application subject to access, layout and parking being implemented before first occupation of the dwelling. Bins for each dwelling could either be collected at the front of the access road if the refuse wagon collects bins as the existing situation, or in front of each dwelling should refuse wagons decide to turn into the access road and use the end turning circle.

A S109 Highway Agreement is required for the access road to be constructed to adoptable standards and formally adopted by DOI. To note, this is completed outside of the planning application process. (08.05.24)

5.3 Highways Drainage - No response received at the time of writing. - 5.4 Ecosystems Policy Officer - The Ecosystem Policy Team can confirm that Ecology Vannin's Preliminary Ecological Appraisal Report for the Stable Fields, Ballaugh, dated August 2024, is all in order and that a suitable level of assessment has been undertaken.

Ecology Vannin identified a number of features on site which would could be negatively impacted by the proposals, including: a tree lined water course and mature trees, nesting and foraging bird habitat, roosting, foraging and commuting bat habitat, terrestrial common frog habitat, and habitat suitable for a range of invertebrates. Ecology Vannin recommended a number of avoidance and mitigation measures and the Ecosystem Policy Team can confirm that these have been incorporated into Penketh Millar's Ecology/Landscaping Details Plan (Drawing No. 231783 06). These measures include: the retention of existing trees, protection of the stream and sod hedge, new native landscaping, bird and bat bricks, and responsible working methods.

We therefore recommend that a condition is secured for the development to be undertaken in full accordance with the details contained in Penketh-Millar's Ecology/Landscaping Details Plan (Drawing No. 231783 06) and maintained thereafter, with all planting to be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the site, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

We also request that a condition is secured for no external lighting to be installed unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to Planning and approved in writing. All works must then be undertaken in full accordance with this plan. This must include measures such as lighting avoidance areas (watercourse, boundary trees and hedging), suitable lighting temperatures, use of timers and passive infrared sensors. (03.09.24)

5.5 Flood Risk Management Division - FRM are happy to with the conditioning of the flood mitigations in the FRA. (04.12.23) - 5.6 Manx Utilities Authority - No response received at the time of writing. - 5.7 One letter of representation has been received objecting to the scheme on the following grounds:

• - Impact of development on amenities of surrounding properties with respect to loss of privacy and impact on daylight/sunlight;
• - Road access alignment deviates from that which was previously approved;
• - Potential flood risk and impact of drainage associated with the proposed development;
• - Proposed amount to overdevelopment of the site, with scale, massing and footprint out of keeping with the area;
• - Ecological impacts as a result of the proposals and development of the site.

- 6.0 ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are as follows:

• - Principle of development (STP2, SP4, HP4)
• - Design and visual impact (STP5, GP2, EP42)
• - Impact upon neighbouring amenity (GP2, g)
• - Highways and parking (TP4,7)

- 6.2 PRINCIPLE

• 6.2.1 The site falls within an area zoned as 'predominantly residential' in the 1982 Development Order. Ballaugh is listed as one of the 'remaining villages' in Spatial Policy 4 of the Strategic Plan, whereby the principal of small scale residential development is deemed acceptable in accordance with this policy. It is further recognised that the site was previously subject to an approval in principle for residential development (PA 02/02007/A) alongside the additional 3 plots which have since been developed.

6.3 DESIGN AND VISUAL IMPACT

• 6.3.1 The proposed dwelling is of a notably substantial footprint including a variety of architectural features as noted within Section 2 of this report. The general vernacular and form of the dwelling would however largely replicated those of the adjacent 3 plots which have previously been granted planning permission and subsequently developed. Indeed, the use of 2 no. tower features is a notable common them among each of the properties which is

understood to have taken inspiration from The Old rectory building on the opposite side of Station Road.

• 6.3.2 Whilst significant in size, the dwelling would incorporate single storage elements with gabled dormers spanning the eaves to provide first-floor accommodation for much of the property. Such elements aid in reducing the overall bulk and massing of the resultant dwelling and, in combination with the towers, are in some ways reminiscent of Arts and Crafts architectural vernacular from the early 1900s.
• 6.3.3 The site is further notably well-enclosed and screened by mature trees along the western and northern boundaries, whilst being significantly recessed from the principal streetscene of Station Road at the end of the existing access road. Therefore, the dwelling would not be particularly if at all visible in the context of primary public vistas, and only visually evident within the immediate access road serving the row of 4 properties and at the rear of No. 10 Faaie Crane to the south.
• 6.3.4 Existing trees along the site's perimeter, particularly along the western boundary would be retained, with additional tree planting proposed along the northern site boundary in front of the exiting Leylandii hedging.
• 6.3.5 Overall, the proposed dwelling is considered to be acceptable from a design standpoint and such that the wider landscape and streetscape character would not be adversely impacted as a result of the proposals. The proposals are therefore deemed compliant with General Policy

• 2, (b) and (c).

- 6.4 NEIGHBOURING AMENITY

• 6.4.1 Whilst substantial in footprint, the proposed dwelling would be centrally located within the plot and sited a reasonable distance from neighbouring properties. The dwelling would however include a variety of fenestration that has the potential to impact the amenities of surrounding dwellings, and particularly with regard to privacy.

• 6.4.2 Concerns have been raised on behalf of the owner of Mwyllin Squeen to the southwest, and particularly in relation to privacy and daylight/sunlight issues. The proposed dwelling would include various window openings serving bedrooms and non-habitable rooms on the corresponding rear elevation, together with a cantilevered first-floor balcony.
• 6.4.3 Nevertheless, separation distances of in excess of 50m would be retained between the new dwelling and the rear elevation of the abovementioned neighbouring property, with dense mature tree planting further restricting along realistic views and a material impact upon daylight/sunlight levels. Whilst it is recognised that the presence of trees along should not be solely relied upon to mitigate against harm, particularly as they could be cut back or die due to disease, for example, the resultant separation distances are considered to be more than sufficient to prevent any demonstrable levels of harm. Such separation distances further susstantially exceed the 20m back to back requirement outlined in the Residential Design Guide.
• 6.4.4 Turning to the impact upon No. 10 Faaie Crane, the first-floor element of the proposed dwelling would be sited circa. 15m from the rear elevation of this property at its closest point. The 2 no. windows in the southern (side) elevation of the proposed dwelling would serve an en-suite and as a secondary window for 'bedroom 3'. The secondary bedroom window in particular would be sited in excess of 20m from the corresponding rear elevation of No. 10 to which it would have a direct outlook of. On this basis therefore, such levels of separation are considered to be acceptable.
• 6.4.5 Finally, it is noted that the first-floor windows serving bedroom 4 on the principal elevation would be sited circa. 13m from the corresponding windows serving the master

• bedroom of the approved (and under construction) dwelling at Plot 3 to the east. Whilst such levels of separation are less than the 20m requirement outlined in the Residential Design Guide, it is recognised that both areas of living space comprise bedrooms where activity is likely to be limited to during the night time hours. It would also be reasonable to expect blinds and/or curtains to be installed to such windows, thereby preventing realistic outlook during times when such areas of living accommodation are likely to be used. On this basis therefore, such a relationship is considered to be acceptable in this instance and unlikely to result in a demonstrable harmful imoact upon the living conditions of future occupants of both properties.
• 6.4.6 On the basis of the above, the proposals are considered to be acceptable in the context of safeguarding neighbouring amenity, whilst providing a high standard of amenity for future occupants, in compliance with General Policy 2 (g) and (h).

- 6.5 HIGHWAYS AND PARKING

• 6.5.1 Following the submission of revised plans and additional information detailing accurate plans that are reflective of the current alignment of the access road serving the proposed dwellings, previous concerns raised by Highway Services have now been resolved. The proposed would provide sufficient levels of on-site parking with an appropriate access route and driveway that would connect to the existing access serving all 4 residential plots.

6.6 OTHER MATTERS

• 6.6.1 From an ecological standpoint, the Ecosystems Policy Team have confirmed that a suitable level of assessment has been undertaken by Ecology Vannin which identified a number of features on site that could be negatively impacted by the proposals. This includes a tree lined water course and mature trees, nesting and foraging bird habitat, roosting, foraging and commuting bat habitat, terrestrial common frog habitat, and habitat suitable for a range of invertebrates. Ecology Vannin recommended a number of avoidance and mitigation measures and the Ecosystem Policy Team have confirmed that these have been incorporated into the submitted Ecology/Landscaping Details Plan. Such measures include the retention of existing trees, protection of the stream and sod hedge, new native landscaping and bird and bat bricks.

• 6.6.2 With respect to Flood Risk, the details contained with the submitted Flood Risk Assessment and appropriate flood mitigation outlined within have been found acceptable by the Flood Risk Management Division.
• 7.0 CONCLUSION

7.1 The proposed development is considered to be acceptable in principle by providing a new dwelling of a high standard of design, without detriment to the character of the wider streetscene or landscape setting. The proposals would further provide a high standard of living for future occupants, without detriment to the amenities of surrounding residential properties. The development is further considered to be acceptable with respect to highways impacts, flood risk and ecological matters.

7.2 The proposals are therefore deemed compliant with Spatial Policy 4, General Policy 2, Environment Policies 4, 5, 10 and 42, and Transport Policies 4 and 7 of the Strategic Plan, and recommended for approval. - 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:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;

• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

8.3 The Department of Environment Food and Agriculture (DEFA) is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. _____________________________________________________________________

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: 28.10.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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