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The application site comprises the residential curtilage of Farmhill Farm House which is situated to the northern side of the Farmhill Lane and comprises of a two storey dwelling to the western boundary. To the north east of the application site is Farmhill Manor, which is a Registered Building,
and to the North West are No's 8 and 10 Manor Drive. To the southwest is the residential property of No.31 Farmhill Lane and to the south east is the residential property of Farmhill Lodge.
This application is seeking approval for the erection of a two storey, four bedroom detached property with integral garage. The dwelling would be finished in white uPVC windows, smooth painted render and concrete interlocking roof tiles.
The application site is located within an area of "Predominantly Residential Use" under the Douglas South Local Plan, adopted by Tynwald in 1998. Within the adopted Isle of Man Strategic Plan, the following policies are considered relevant - General Policy 2:
"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:
Housing Policy 6 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 7 states:
"The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
Environment Policy 42 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."
The following previous applications are considered relevant in the consideration of this application: PA 90/00167/B – Erection of boundary fence – Permitted PA 01/1122/B – Erection of Conservatory – Permitted PA 07/02122/A - Approval in principle to erect two detached dwellings and one detached garage – Application Withdrawn
Douglas Corporation has not commented on the proposed application.
The Department of Transport Highways Division have deferred the application as the drawings supplied do not show the visibility splays of 18m x 2m at the point of access. Splays shall be kept clear of any object, vegetation, or other obstructions of a height exceeding 1.05m above the land of the adjacent carriageway. Access drive arrangements to permit a motor car to turn around within the site so that a vehicle can emerge from the site in a forward gear are not demonstrated.
I contacted the Highways Division regarding the issues raised above and they responded and said that the driveway is sufficient and if the visibility splay is achievable once I completed a site visit, then the Department would find this acceptable (Comments received 19th May, 2009)
The Drainage Services has no objection in principle subject that there must be no discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s), as it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers of watercourses. Details of the drainage layout must be provided to the Borough of Douglas Drainage Section for approval, prior to nay work commencing on site.
Manx Electricity Authority has said to contact the M.E.A. Planning Department to discuss the electricity supply for this application.
The owner and / or occupier of Farmhill Lodge, Farmhill Lane in Douglas has expressed an interest in the proposed application.
The owner and / or occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan has no objected with the proposed development as it is an improvement on the previous application and addresses the over-intensive use of the site.
The proposed development would be acceptable in principle as the site would be in accordance with the land use zoning within the Douglas South Local Plan. The proposal conforms to the car parking standards of the adopted Strategic Plan in that 2 car parking spaces could be accommodated.
The previous planning application 07/02122/A (Approval in principle to erect two detached dwellings) was withdrawn for the following concerns from the case officer, in respect that the proposal would lead to an over-development of the site and would impact the nearby trees located on the boundary of the site, which would be detrimental to the visual amenities of the locality and the siting of a Registered building (Farmhill Monor).
It is considered that the concerns from the previous application have been overcome as the applicant has removed one of the detached dwellings (which has addressed the over-development of the site), and with the siting, layout, scale, form and design of the new proposed dwelling respecting the site, it is considered that this application would be acceptable as it addresses the previous concerns about the impact on the adjacent trees.
The siting and layout of the property would provide the future occupiers with sufficient external space and with its modest scale and design; it would be in-keeping with other dwellings situated within the surrounding area. With the setting back of the property from Farmhill Lane; and with the removal of the relatively large disused storage building (at the centre of the site); and due to the substantial landscaping surrounding the site, this would result in the proposed dwelling not being readily visible from the public highway and would improve the current visual appearance of the application site, without adversely affect the visual amenities of the locality.
Farmhill Farm House, Farmhill Lodge and Farmhill Manor (which is a Registered Building) would be the properties most likely to be affected by the proposed application, due to their proximity. The orientation of the dwelling would prevent any undue overlooking between the proposed dwelling and Farmhill Farm House. There is sufficient distance and screening surrounding the site to protect the residential amenities upon the surrounding neighbouring properties of Farmhill Lodge and Farmhill Manor.
The vehicular access to the proposed dwelling and to Farmhill Farm House would provide ample parking, servicing and manoeuvring space. The Department of Transport Highways Division deferred the application as they said the drawings did not show the visibility splay of 18m x 2m at the point of access and to permit a motor car to turn around within the site so that a vehicle can emerge from the site in a forward gear was also not demonstrated. Having contacted the Highways Division regarding these concerns, they accepted that the driveway would be sufficient for a vehicle to turn within the site and exit in a forward gear. After conducting a site visit, it was clear that the exit from the site is relatively clear and as there are only a small number of properties situated at this end of Farmhill Lane, a small volume of vehicles is generated and at very slow speed, as such, it is judged that the visibility splay would be acceptable.
For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted.
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:
Accordingly the following parties, that made representations, do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
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 submitted Drawings 00561/1 and 00561/2 received on 30th March, 2009.
C 3. The dwelling hereby permitted shall not be occupied until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans. Those means of access shall thereafter be kept available at all times for their respective purpose.
C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)
C 5. No existing tree or shrub indicated on the approved plans to be retained shall be cut down, grubbed out, topped, lopped, or uprooted without the written consent of the Planning Authority. Any such tree or shrub removed without such consent or dying, becoming seriously damaged or diseased within a period of 5 years from the completion of the development 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 6. Prior to the commencement of any works, there must be submitted to and approved by the Planning Department details of the finished floor levels.
C 7. Prior to the commencement of any works, there must be submitted to and approved by the Planning Department full details of the proposed residential curtilage of the new dwelling.
I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Permitted Date: 3 August 2009
Signed: Maurice Senior Planning Officer
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