DEC Officer Report

Application No.: 21/00650/B Applicant: Mr Duncan Williamson Proposal: Variation of Condition 3 of previous approved PA17/00595/B to extend the period of approval for a further four years Site Address: Plot 2 Field 432503 Phildraw Road Ballasalla Isle Of Man Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 09.08.2021 _________________________________________________________________

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 14th July 2025.

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. Landscaping (including mitigation tree planting) and post planting maintenance shall be carried out in accordance with a detailed scheme to be approved by the Department prior to the commencement of any works where such scheme provides information on which trees will be planted where and how the trees will be planted and maintained until satisfactorily established. Evidence that post-planting maintenance and management has been undertaken shall be submitted to the Department at the end the first three growing seasons following implementation, using the template which should be included in the report. Reason: to ensure that the landscaping is practicable and undertaken.
• C 3. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.

This application has been recommended for approval for the following reason. The application accords with General Policy 2 of the Isle of Man Strategic Plan 2016 and the principles of the Residential Design Guide and Planning Circular 8/89.

Plans/Drawings/Information; This approval relates to drawing numbers P10-200 Rev A, P10-11 Rev A, P10-12 Rev A, P1013, P10-14, P10-15, P/10-16 and P12-11 all date received 10/06/2021.

_______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The site is part of a field which sits on the western side of Phildraw Road part way up and within the 30 mph limit zone. The site sits between Cavendish House to the north (which is the home of the applicant) and Thrang End to the south. Opposite the site is a property which sits right alongside the road, Ballavoddan and slightly further north of this is Cheu ny Hawiney. - 1.2 The character of the area is mixed with a number of well designed, large houses sitting in landscaped grounds with other, more modest properties and ones positioned right alongside the road. Cavendish House and Thrang End are both set back from the road by at least 37m and sit within plots which are at least 130m long. - 1.3 The site is not quite regular as there is a small portion of land alongside the road which is not in the ownership of the applicant. The site measures approx. 1.4acres. - 1.4 The site boundary to Phildraw Road is lined with self-set trees growing within a grassed hedge and an electricity pole which brings up underground supplies which then travel overhead and across the road. There is an existing field gate into the field opposite Ballavoddan. - 1.5 Planning approval has previously been granted for two dwellings on this field with a new shared access serving both (see planning history). Both dwellings are of similar size and design being two storey and part clad in stone with large Georgian style glazing throughout. Each has attached garaging forming an 'L' shape arrangement with the main dwelling. THE PROPOSAL

2.1 The current application seeks to extend the previous approval of 17/00595/B by a further four years only. No other changes are being made. PLANNING HISTORY - 3.1 What is proposed now was originally approved under 13/00615/B and then extended by 4 years under 17/00595/B which expired July 2021.

3.2 Planning approval was also granted for a dwelling on the site next door under 13/00614/B and this is also being extended under 17/00594/B and further extended now under 21/00649/B. PLANNING POLICY - 4.1 The site lies within an area designated on the Area Plan for the South 2013 map 4 as Proposed Low Density Housing in Parkland. Planning Circular 8/89 covers development in such area where is requires that dwellings are well designed and sit in a landscaped setting of at

least one acre. Existing trees should be retained. In addition to this consideration shall also be given to General Policy 2 of the IOM Strategic Plan 2016 in the assessment of this application:

4.2 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:

• 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 spaces around them;
• c) does not affect adversely the character of the surrounding landscape or townscape;

• 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 unacceptable 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;

• n) is designed having due regard to best practice in reducing energy consumption."

4.3 Since the 2017 application the Department has released Residential Design Guidance 2019 and updated in 2021, this guidance outlines a number of general 'rule of thumbs' when it comes to the development or extension of residential properties and also highlights the importance of good neighbourliness. This will be taken into consideration in the assessment of the current application.

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Malew Commissioners - no objection (09/07/2021).

5.2 Department of Infrastructure Highway Services - Do not oppose (28/06/2021).

5.3 The Ecosystem Policy Team - no objection with additional comments (07/08/2021) - no objection to the proposal, but it should be noted that proposed tree planting includes Ash Fraxinus excelsior but with ash dieback spreading across the island its likely newly planted trees won't survive, as young trees are particularly vulnerable to the disease. Therefore, ash planting is not recommended and alternate native tree species should be used instead. DEFA included within their comments a list of some native species that could be used instead and reiterate that no invasive plant species set out in Wildlife Act 1990 Schedule 8 should be used in any other planting areas.

5.4 No comments received from neighbouring properties. ASSESSMENT - 6.1 The principal issue in the determination of this application is whether there have been any changes to planning policy since the original approval and whether there have been any new material considerations to take in to account (i.e. Policy changes/ changes to the site or land used designations/Local Plan changes, introduction of new guidance etc.)

6.2 In this case there have been no changes to local or strategic planning policy since 2017 however the recently released Residential Design Guide (RDG) would now be a material consideration. The RDG helps to set out how the Department interprets and applies Development Plan policies in relation to residential design, putting into writing general rules of thumb which can help towards improving the design process and in encouraging an overall improved quality of the built environment (such as the 20m rule for privacy).

6.3 The proposal does not result in any new circumstances which would contravene planning policy and minded of its standalone position, set back from the road, within its own grounds and away from neighbours would not go against recent residential guidance in this case.

6.4 Comments from the Arboricultural officer on the 2017 application outlined some issues in respect of the landscaping condition wording from 2013, and as the 2017 application was in fact a full application and not a variation of condition it allowed for a change to the condition wording so as to require the submission of a landscaping plan which was to include tree planting prior to the commencement of any works and that the landscaping must be carried out in accordance with that plan. The wording of this condition would also address those concerns now raised by Ecosystems Policy Officer in respect of Ash trees and ash die-back and would allow for a change to species and nursery spec of trees to be planted on-site, with a secondary safeguard to ensure that no invasive species are planted elsewhere (although Wildlife Act 1990 provides separate legislation preventing this).

6.5 In light of the area plan land use designation, the policy test of GP2 and the new RDG it is still considered that the proposed dwelling presents an acceptable form of development as set out in both the reports by the 2013 and 2017 case officers. CONCLUSION - 7.1 The proposal to extend the permission for a further 4 years is considered to be acceptable. The two conditions relating to landscaping will be reiterated for completeness. 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:

• 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 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.

Decision Made : Permitted Date: 10.08.2021 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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