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The site represents the curtilage of an as yet undeveloped plot situated in the development located to the north west of Fuchsia Grove and Birch Grove in the Silverburn Estate and south west of Silverburn Drive.
The new development was approved after a long and controversial planning history, under PA 02/0712 on appeal. In his report, the Inspector made various comments including "In all of these circumstances I cannot accept that there have been any matters raised that would constitute reasonable grounds upon which to resist the current proposals on access or highway grounds. Indeed the witness for the DOT states that the proposals provided "perfect visibility". The suggested conditions would ensure that the access and layout are carried out in a satisfactory manner".
He also commented that "Those changes did include the ability to provide protection from flooding in the past. That provision is more than the applicants are required to provide in a planning scheme. It would be unreasonable for example to expect a developer to try to remedy an existing deficiency in flood protection. However, I have assessed the scheme to see if it would make matters worse for existing residents as that would be a proper reason for opposing any scheme". He goes on to say that he is satisfied from the evidence that he had received that "the proposed flood alleviation scheme would not make matters worse for properties upstream or downstream. It could improve the situation for some properties."
He also urges DOT to quickly prepare a scheme for the protection of properties downstream, regardless of the application proposal although it may be beneficial for these works to be undertaken at the same time as those in respect of the application proposal. He states that it is essential that the flood protection measures are regularly maintained. He clarifies that the Land Drainage Act needs to be satisfied separate from the planning procedure.
With respect to the houses themselves, the Inspector commented that "provided that the height of the dwellings was not excessive and did still retain the appearance of single storey structure as well as there being no overlooking of existing dwellings", he saw no harm in amenity or visual terms. He goes on to state "I can see little wrong with the principle of including dormer windows providing they do not face existing dwellings or cause the height of the new buildings to become excessive" and recommended a condition which reads "The proposed dwellings shall generally be of a single storey height. Any dormer windows constructed shall not be in those elevations facing existing dwellings around the site in a manner that would cause overlooking and loss of privacy or result in the height of the new dwellings to become excessive".
There were a number of suspensive conditions which require things to be undertaken prior to works commencing on site. These were:
5) diversion of the existing public sewers must be agreed with DoT 6) the main river designation of Silverburn River pursuant to the Land Drainage Acts has been extended to incorporate the flood alleviation and mitigation measures shown on URS Drawings 47445-006-787 Figures 5, 6, 7, 8 and 11... 7) prior to the commencement of any building works, following the clearance of the site, the bund, flood protection wall and flood alleviation and mitigation measures specified in conditions 2 and 6 must be constructed on site... 8) no other works may be commenced on site until the estate road junction with the A7 adopted highway including visibility splays where required has been set out and established... 9) no dwelling on the site may be occupied until the estate road has been constructed to at least base course level and adequately lit... 10) Before each dwelling is occupied the proposed vehicle parking facilities shall be provided... 11) no works may commence upon the penultimate dwelling until the estate road has been completed... 14) Prior to the commencement of works on site, including site clearance, those existing trees on site whose removal is not authorised by this approval must be adequately protected against damage during the course of construction...
16) No development may commence until there has been approved by the PC a scheme of landscaping... 18) Prior to the commencement of development, the applicant/developer shall convene a site meeting with the contractor and relevant officers of the DLGE and other Government Departments to agree how the works are to be undertaken in accordance with the approved plans and conditions. 19) Prior to the commencement of any building works, further details including where appropriate the precise location, construction, elevational and cross sectional details of the proposed floor (flood?) protection bund and wall and surface water attenuation tank must be submitted for approval by the PC.
Since this decision, we have received applications for the development of individual plots in the form of:
04/1660 - plot 2 - approved at appeal (14th December, 2005) 04/1661 - plot 1 - approved on appeal (14th December, 2005) 04/1675 - plot 19 - approved on appeal (14th December, 2005) 04/2130 - layout of 10 dwellings - refused initially and at review 04/2131 - creation of access - approved on appeal 05/0454 - plot 4 - approved, appeal pending 05/0455 - plots 3 and 5 - approved, appeal pending 05/0457 - plot 6, approved, appeal pending 05/0458 - plot 20 - approved, appeal pending 05/92160 - plot 8 - decision pending 05/92161 - plot 7 - decision pending 05/92162 - plot 18 - decision pending 05/92163 - plot 21 - decision pending 05/92276 - plot 15 - decision pending 05/92279 - plot 16 - decision pending 05/92280 - plot 22 - decision pending 05/92281 - plot 17 - decision pending.
Now proposed is the erection of a bungalow on plot 18 which is in the middle of the new estate. To the rear of the plot is number 21 which has yet to be determined (05/92163): to the right (north east) is the approved dwelling on plot 19 (04/01675) which is a dormer bungalow with rooflights and diagonally on plot 20 is a dormer bungalow with dormer window in the roof. There are no dormers in this property although there are two rooflights in the front pitch and glazing in the rear of the lower part of the roof on the rear. The dwelling proposed here sits on the same footprint as that shown in approved drawing 0210/PL01 H. No details of the elevational treatment of the dwellings were included in the plans considered for the previous application. The size of the dwellings in terms of footprint cannot be at issue as the plans are the same as those approved previously. The rooflights and glazing are in the sloping part of the roof and would not enable overlooking of any property other than by the viewer hanging out of the windows. No existing property will be affected by this property.
In the consideration of the earlier applications, the matters of prematurity were considered, having been brought up by the objectors and it has been suggested previously that the consideration of individual applications represents a piecemeal and unphased approach to the development of the site; however there were no conditions of the previous application which required the submission of one application for all of the plots or any particular phasing or order of development, despite this being a less inconvenient and more efficient method for all concerned, of considering the house types. As the applications submitted to date are identical to the footprints shown in the approved application it could also be reasonable to be able to assess each application as not prejudicing the next in terms of overlooking, overshadowing etc without seeing the application for the next plot. The decision taken on appeal in respect of plots 1, 2 and 19 are relevant in this respect and support this concept.
The Inspector concludes that "the advice of the Attorney General's chambers accords with my experience of planning practice in the Isle of Man and other jurisdictions and accordingly I base my assessment on that interpretation. The gist of this is that it is acceptable procedure to determine this application and others for individual plots prior to to compliance with the conditions effectively suspending permission PA 02/0712. Clearly as each application is a full planning approval for each individual plot it is essential that the conditions attached to original planning permission for the residential layout should be attached to each approval" (paragraph 21). He goes on to recommend the dismissal of the appeals on the basis of overlooking as he concludes that there will not result in overlooking from the proposed development which in those cases involved rooflights. This application does not propose any ventilation or illumination of the roofspace.
It should also be noted that there has been a public inquiry into the extension of the main river designation of the Silverburn and the Inspector reporting on this concluded that the Silverburn designation should be extended. This recommendation has yet to be considered by the Department of Transport or Tynwald.
There are submissions in respect of this application from:
Malew Parish Commissioners who object on the basis of the size, style and quality of the dwelling. This was not an objection accepted by the Inspector in respect of PAs 04/1660, 1661 or 1675 and should not be accepted in respect of this application for the same reasons.
Mr. Henthorn of 66, Beech Grove who objects on the basis that his property is probably the nearest to the development (which is not a reason for refusal, and in fact is not the case as the proposed dwellings within the estate are closer than his property), that the site is on a flood plain (the matter of flood risk was dealt with in the determination of PA 02/0712) and the safety of the access (again, dealt with in the determination of 02/0712 and 04/2131).
Mr. Glen of 24, Silverburn Drive who objects on the basis of flooding (see comments above).
The Isle of Man Water Authority who raise no objection subject to the inclusion of standard water note 2 (SN0023) and
The Department of Transport Drainage Division who raises no objection subject to the inclusion of standard conditions 7 and 9 and make reference to the flood mitigation measures. All of these conditions are included in the 19 conditions attached to the approved applications which have already been determined.
This proposal is for a bungalow which will not overlook or cause detriment to existing or proposed adjoining property and complies with the requirements and advice of the approved layout 02/0712.
I would recommend that Malew Parish Commissioners, Department of Transport Highways and Traffic Division and Drainage Division, , Fire Prevention Officer and Isle of Man Water Authority are all afforded party status as statutory undertakers or consultees who have submitted views within the appointed time.
Neither Mr. Henthorn's nor Mr. Glen's property are immediately alongside the application site and as such should not be afforded party status as they are not directly affected by the proposal.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 20.12.2005
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 dwelling as shown in drawing reference 0210/PL1018 received on 11th November, 2005.
C 3. The proposed development must be connected to the proposed sewers approved under PA 02/0712 and in a manner acceptable to the Department of Transport's Drainage Division and on terms and conditions which must be agreed with the Division PRIOR to the commencement of any building works. (In particular the Drainage Division must be advised of the commencement of work on site. All drainage works must conform to the requirements of the WRC's "Sewers for Adoption" [5th Edition] and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense. It is also a legal requirement under the Sewerage Act 1999 that the Department of Transport (as the Drainage Authority) be advised in advance, of the date of connections of each dwelling to the public sewer.
Note: Communication fees will be payable to the Department of Transport in respect of these drainage connection(s).
Note: The Drainage Division requires "as built" drawings of the development once it has been completed.
C 4. There must be no discharge of surface water to the main foul sewer.
C 5. The proposed diversion of the existing public sewers which cross the site, must be carried out in terms and conditions which must be agreed with the Drainage Division prior to the commencement of any works. All drainage works must conform to the requirements of the WRC's "Sewers for Adoption" [5th Edition] and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense. The Drainage Division must be given three days' notice before such inspection is required.
C 6. No development, including site clearance shall take place in pursuance of the consent hereby granted until such times as the main river designation of the Silverburn River pursuant to the provisions of the Land Drainage Acts has been extended to incorporate the flood alleviation and mitigation measures shown on URS Drawings 47445-006-787 Figures 5, 6, 7, 8 and 11 (submitted in respect of PA 02/0712) to the satisfaction of the Planning Authority in consultation with the Department of Transport.
C 7.
Following the clearance of the site and prior to the commencement of any building works, the bund, flood protection and flood alleviation and mitigation measures specified in conditions 2 and 6 (of PA 02/0712) must be constructed on site to the satisfaction of the Planning Authority.
C 8. No other work shall be commenced on site until the estate road junction with the A7 adopted highway, including visibility splays where required, has been set out and established to the satisfaction of the Planning Authority after consultation with the Highway Authority.
C 9. The dwelling hereby approved may not be occupied until the estate road has been constructed to at least base course level, adequately lit from the junction of the A7 adopted highway up to the access to the dwelling to the satisfaction of the Planning Authority after consultation with the Highway Authority.
C 10. Prior to the occupation of the dwelling hereby approved, the proposed parking facilities associated with the dwelling must be provided in accordance with the approved drawing to the satisfaction of the Planning Authority and so shall thereafter be retained.
C 11. 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 12. Prior to the commencement of works on site, including site clearance, those existing trees on site whose removal was not authorised by the approval granted in respect of PA 02/0712, must be adequately protected against damage during the course of construction, in accordance with the recommendations contained in BS 5837 (Section 8). The area between the trunk of each tree and the fencing shall thereafter be referred to as the Protected Area. After the completion of the development works the Protected Area must remain free from excavation or the deposit of materials.
C 13. No works may commence upon the penultimate dwelling on the site until the estate road has been completed to the satisfaction of the Planning Authority after consultation with the Highway Authority.
C 14. No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes an indication of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction.
C 15. The Manx Museum and National Trust must be informed of the date when building work is to commence and be given access at all reasonable times, and reasonable opportunity to inspect the site, observe all excavations and investigate any archaeological features exposed.
C 16. The Manx Museum and National Trust must be informed of the date when building work is to commence and be given access at all reasonable times, and reasonable opportunity to inspect the site, observe all excavations and investigate any archaeological features exposed.
Prior to the commencement of development the applicant/developer shall convene a site meeting with the contractor and relevant officers of the DLGE and other Government Departments to agree how the works are to be undertaken in accordance with the approved plans and conditions.
C 18. Prior to the commencement of any building works, further details including where appropriate, the precise location, construction, elevation and cross sectional details of the proposed flood protection bund and wall and surface water attenuation tank must be submitted to and approved by the Planning Authority.
C 19. No development associated with the proposed dwelling (including guttering and foundations) may be carried out on, over or under land which is not part of the defined site.
N 1. The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.
N 2. For single connections to a water main (i.e. a single dwelling) the applicant should contact Isle of Man Water Authority Customer Services, telephone 695949.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 2/2/06
Signed : M. I. McCauley Director of Planning and Building Control
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