SOC Sarah Corlett Tpc Appeal Statement on Behalf of the Applicant

Appeal Submission On Behalf Of The Applicant, Mr. J. Keenan, In Respect Of An Appeal Against The Approval Of 23/01285/B For The Erection Of A Dwelling On Plot 4, Stable Fields, Off Station Road, Ballaugh Im7 5Ah

Sarah Corlett Town Planning Consultancy Ltd 1 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 1.0 Introduction
• 1.1 I am Sarah Corlett, Director of Sarah Corlett Town Planning Consultancy Ltd, established on the Isle of Man in 2021. I have been instructed by the applicant in respect of the appeal against the approval of 23/01285/B, to prepare a statement which sets out the planning policies and context for the appeal and reasons why the appeal should be dismissed and the original approval granted should be upheld.
• 1.2 I was employed by the Isle of Man Government as a planning officer between 1990 and 2021, ultimately in the role of Principal Planner. My duties included the determination of planning applications, the preparation of reports on planning applications, presentation of applications to Planning Committee and representation of the Planning Committee at planning appeals and representing the Department in Court.
• 1.3 I hold a Bachelor of Science Degree in Town Planning from Heriot-Watt University and have been a Member of the Royal Town Planning Institute since 1992.
• 1.4 Further information on me and my practice can be found on my website sarahcorlett.com.
• 1.5 This statement has been prepared having regard to the established principles of town planning and the relevant policies, legislation, guidance and regulations of the Isle of Man Government and represent my professional opinion in the matter of the proposed development.

Sarah Corlett Town Planning Consultancy Ltd 2 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 2.0 The planning application
• 2.1 The application was submitted on 7th November, 2023 and validated on the same day.

The site

• 2.2 The site is an approved plot, one of four situated to the west of Station Road within the village of Ballaugh, an acknowledged settlement according to the Strategic Plan (see Section 5 of this statement).
• 2.3 The overall area for which planning approval has been granted for four residential plots sits to the south of an existing access which serves Cronk Breck Cottage and Squeen Lodge

• two existing residential properties which now share an access onto Station Road with the approved residential development. The shared section of roadway extends to approximately 35m in where a new road breaks off and continues to the south west and serves plots 2, 3 and 4. Plot 1 is accessed from the shared section to the east. There are two small buildings in between the turning head and the lane which continues to provide access to Cronk Breck Cottage and Squeen Lodge which are all outwith the applicant’s ownership and control.

Sarah Corlett Town Planning Consultancy Ltd 3 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

Sarah Corlett Town Planning Consultancy Ltd 4 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 2.4 The site has to its east, approved plot 3 with the approval for the erection of a dwelling having been established by 15/01187/B which has been commenced through the commencement (and completion) of the dwelling on plot 2 which was part of the same application.
• 2.5 To the south of plot 4 is 10, Faaie Craine with the rear of the property facing and very close to the hedged boundary with plot 4 along with the side of 12, Faaie Craine (see below).
• 2.6 To the west of the site is an established planted boundary of mainly conifer trees on both sides of a low post and wire fence to the west of which a little distance away, is a water course. The conifers appear to have been managed on the side of the water course but not so on the side of the application plot and as such overhang the plot. Many of these conifers are understood to be outwith the site and ownership and control of the applicant but the applicant does have the right to trip and prune anything overhanging their property.
• 2.7 To the north west of the site is also a post and wire fence with conifers on the other side, again in the ownership and control of others (see photograph on next page) it is understood that these surrounding undeveloped areas are in the same ownership as Cronk Breck Cottage.

Sarah Corlett Town Planning Consultancy Ltd 5 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

The application

• 2.8 The application proposes the details of the erection of a dwelling on an approved plot (see Planning History). The proposed dwelling is a detached, two storey property which accommodates an attached, single storey triple garage situated at the rear of the main dwelling, kitchen/dining room and sun room, family room, entrance hall, porch, lounge and study/office on the ground floor with four bedrooms above, all en-suite.
• 2.9 The dwelling features a characteristic tower as is found on all of the approved dwellings. The existing and approved other three properties are finished in a combination of brick plinth with mainly rendered walling above with certain elements picked out in brick - the towers, particularly. The proposed dwelling follows suit and also incorporates the approved brick detailing around the windows and the same slate like roof finish. All four properties are four bedroomed dwellings with attached garages of various sizes.

Sarah Corlett Town Planning Consultancy Ltd 6 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 2.10 The proposed dwelling on plot 4 is somewhat larger than those on the other three plots although positioned further from the estate road serving the development. The small estate road enters the site from Station Road, passes plot one and to before curving around to provide a round turning head between plots 2 and 3. There is provision for a route continuing past this turning head to serve the land to the north west of the site which is outwith the ownership of the applicant. Access to plot four is also from this turning head, continuing towards the site of the proposed dwelling in the form of a 3.5m wide or thereabouts wide driveway which continues past plot 3, turning sharp south before curving around the rear of the property to access the triple garage.
• 2.11 The status of the site is that the dwellings on plots 1 and 2 are completed and occupied. It is understood that the house on plot 1 has been occupied in excess for five years and plot 2 occupied in excess of three years. The dwelling approved on Plot 3 has commenced. The estate road has been completed to end in front of completed plot 2 with the turning head yet to be formally created. The footpaths are in situ but not completely finished in front of plot 2 and there is site fencing along the areas of the entrance to plots 3 and 4. The alignment of the estate road differs slightly from that previously approved and

Sarah Corlett Town Planning Consultancy Ltd 7 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

this current application seeks partly retrospective permission for the road as built. The alignment as approved and as now proposed are shown clearly on the site and location plan, reference 23 1783 01A.

• 2.12 The application included a Flood Risk Assessment which confirms that the site lies outwith any area identified on the national flood risk maps as at risk of any form of flooding. There is an area to the west which is shown as being at risk of flooding associated with the river which runs at closest, 8m from the proposed plot and the proposed building, at closest 11m to the actual proposed building (the closest part of the proposed building to the river is the garage).
• 2.13 Notwithstanding this status, the dwelling will incorporate flood barriers to external doors, even though the property is not with a flood risk area, it will be future proofed against such events. Other flood resilient features including full insurance, location of electrical works above predicted floor level, use of flood resistant material on the ground floor rooms and with a flood management procedure set out should such an event be predicted.
• 2.14 The application also included a Preliminary Ecological Appraisal dated August 2024. No Schedule 7 (rare and protected plants) were recorded or seen during the walk over survey. It notes that there is New Zealand Broadleaf Griselinia littoralis with a recommendation that it should be cut down and chipped or sent for composting if the owner is able to do this. It makes recommendations about minimisation of loss of habitat, protection of trees, the erection of a bund along the western boundary which will intercept surface water run off and trap it in situ. If created using suitable growing material this could be retained as a habitat feature.
• 2.15 It makes recommendations about how the development is undertaken together with the creation of a wildlife rich bank along the western boundary, in front of the tree canopy to avoid excessive shade with a sunny, east facing aspect and which is approximately 2m wide and 0.75m high with a gentle sloping gradient. This is shown in drawing 23 1783 06 which shows the alignment of a sod hedge - the bank suggested by the PEAR is shown which will be partly interrupted by the side of the garage. This drawing also shows details of the bird and bat boxes which are proposed to be installed again, in accordance with the PEAR. It also recommends that any trees lost should be mitigated by replacement planting of appropriate local species. It is not proposed to remove any trees to facilitate the

Sarah Corlett Town Planning Consultancy Ltd 8 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

development and drawing 06 also shows the position of the closest trees and their canopy spread and that they will not need to be removed to facilitate the development.

• 2.16 Lighting which shines directly at ecological habitat should be avoided, as much trees and scrub should be retained and refugia and existing habitat should be retained where possible.
• 2.17 There is approximately 854 sq m of open, private garden space to the north west and south west and to the east of the house available for the enjoyment of the occupants of the property. None of this abuts the estate road as do the other plots’ front gardens which are visible by anyone passing each plot. The comparable areas of site coverage are as follows:

• PLOT 1: Plot Area- 1090m² Dwelling Footprint- 176m² Garden Area- 851m² Drive Area- 63m²
• PLOT 2: Plot Area- 968m² Dwelling Footprint- 221m² Garden Area- 696m² Drive Area- 51m²
• PLOT 3: Plot Area- 1010m² Dwelling Footprint- 194m² Garden Area- 767m² Drive Area- 49m²
• PLOT 4: Plot Area- 1616m² Dwelling Footprint- 389m² Garden Area- 854m² Drive Area- 373m²

Sarah Corlett Town Planning Consultancy Ltd 9 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 3.0 Planning history
• 3.1 The plot is an approved one, having been established as early as 2002 with a series of detailed approvals and modifications thereafter. Plots 1 and 2 are complete and the houses occupied and the approved dwelling on plot 3 has commenced so remains capable of implantation and completion. Plot 4 is the only plot for which planning approval has not been sought until the current application. These are the applications which have been submitted for the overall development:

02/02007/A - approval in principle for the erection of four dwellings, fields 224254 and 224255 off Station Road, Ballaugh - permitted

• 06/01898/REM - reserved matters for residential estate layout of four plots, roads and sewers, fields 224254 and 224255 off Station Road, Ballaugh
• 07/01868/B - erection of a detached dwelling with integral garage, plot 1, field 224254, Station Road, Ballaugh. The reason for refusal for this, and the applications immediately below for plots 2 and 3 related to the impact of the development on the properties to the rear - those in Faaie Craine.

• 07/01869/B - erection of a detached dwelling with integral garage, plot 2, field 224254, Station Road, Ballaugh - refused
• 07/01870/B - erection of a detached dwelling with integral garage, plot 3, field 224255, Station Road, Ballaugh - refused

• 08/00222/B - erection of a detached dwelling with integral garage (amendment to the refused application 07/01868/B). This application and the two applications immediately below, established that two storey properties on these plots would have an acceptable impact and thus were all permitted.

08/00228/B - erection of a detached dwelling with integral garage (comprising an amendment to refused application 07/01869/B) - permitted

08/00233/B - erection of detached dwelling with integral garage (amendment to the development refused under 07/01870/B), field 224255, Station Road, Ballaugh - permitted

Sarah Corlett Town Planning Consultancy Ltd 10 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

08/02305/B - erection of two detached dwellings and garages and re-alignment of estate road, plots 2 and 3, fields 224254 and 224255, The Stable Fields, off Station Road, Ballaugh

13/00677/B - re-alignment of approved estate road (06/01898/REM and 08/02305/B), fields 224254 and 224255 off Station Road, Ballaugh - application withdrawn

13/91109/B - variation of condition 3 of approved development 08/02305/B and realignment of approved access road, plots 1 and 2, field 224254 and 224255, off Station Road, Ballaugh - application withdrawn

15/01187/B - erection of two detached dwellings with garages (amendment to 08/02305/B) showing further re-alignment of the approved estate road, plots 2 and 3, The Stable Fields, Station Road, Ballaugh - permitted

Sarah Corlett Town Planning Consultancy Ltd 11 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 4.0 The application, decision and appeal
• 4.1 The application generated a number of submissions. In terms of statutory consultees the following representations were received:

• • the Highway Services Division of Department for Infrastructure submitted a number of representations, culminating in a final response dated 08.05.24 confirming that they had no significant concerns with the layout of the access road or the dwelling’s driveway and therefore did not oppose the application subject to conditions concerning access and layout provision prior to occupation.
• • Flood Risk Management Team confirmed that they did not oppose the application subject to the incorporation of the flood risk mitigation measures included in the application.
• • Department of Environment, Food and Agriculture Ecosystems Policy Team concluded on

• 03.09.24 that they did not oppose the application subject to conditions securing the undertaking of the ecological mitigation measures contained within the application and that no external lighting be installed prior to the approval of such by the Department.
• 4.2 One local resident objected to the application, submitting two letters of objection. This party owns Mwyllin Squeen which lies to the south west of the watercourse which is to the south was of a narrow strip of land immediately alongside the south western boundary of the application site. Access to Mwyllin Squeen is along the lane to the immediate north of the line of conifers to the north of plot 4 and continues along to the shared section of roadway before meeting Station Road.

4.3 An application submitted in respect of Mwyllin Squeen in 2009 (09/00357/B - right) shows the curtilage and land ownership of this property as extending no further north east than the watercourse, suggesting that the section of land wrapping around the application site to its north west and south west is not within their ownership nor is the access lane.

Sarah Corlett Town Planning Consultancy Ltd 12 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 4.4 As stated above, we understand that the lane and this strip of land is owned in association with Cronk Breck Cottage.
• 4.5 The objection was submitted on behalf of this party, through “arch.im” on 30.11.23 and raised the following issues:

• A. Failure to properly display the site notice
• B. One of the conditions of 15/01187/B was that neither of the dwellings thereby approved (plots 2 and 3) shall be occupied until the road was finished to an adoptable standard and what has been constructed differs from what was approved in that application and remains incomplete
• C. Access to plot 4 involves a long private driveway with “very tight 90 degree corner” will create probably difficulties for larger vehicles requiring regular access likely increasing on street parking
• D. Swept path analyses have not been provided
• E. Notwithstanding the above, “pragmatic avenues to regularise the development remain open and it is for the Department to determine whether the proposal is severable” from the approved road alignment and the opportunity remains for the red line for this application to be amended to incorporate those areas of the road which do not benefit from planning approval.
• F. There is doubt as to whether sufficient fall exists to connect the proposed development into the invert level of the public sewer.
• G. There is insufficient information to demonstrate that the proposed development is not at unacceptable risk from flooding.
• H. The proposal would result in unacceptable inter visibility with other existing property and mention is made 10, Faaie Craine, plot 3 and Mwyllin Squeen.
• I. The existing trees will cause unacceptable limitation on daylight.
• J. There is no datum information.
• K. The proposal would lead to an oppressive intrusion into the privacy of those in Mwyllin Squeen.
• L. The proposal would result in an unacceptable visual impact on the landscape with reference to the area of an area of High Landscape or Coastal Value and Scenic Significance to the west, Ballacobb and the northern uplands particularly due to the use of painted render.
• M. The development represents over development of the site and would dominate the adjacent bungalows.

Sarah Corlett Town Planning Consultancy Ltd 13 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• N. Previous conditions relating to earlier applications for plots 2 and 3 have not been complied with.
• O. The driveway will impact the root systems of the conifer hedge to the north and threaten the health of the screening of the development.
• P. The development will have an adverse impact on ecology particularly due to the incorporation of large areas of glazing.

• 4.6 Further information and plans were submitted by the applicant and resulted in the submission of a further representation on behalf of this party on 03.06.24. This added three further properties which are served by the access road leading to the private lane - Gawn’s Croft, The Squeen and The Croft (understood to be part of Cronk Breck Cottage). It is unclear to us how The Squeen is served by this access lane as it appears to have its own access directly to Station Road to the north of Squeen Meadow and we are unsure as to where Gawn’s Croft is located and this is stated as being a stone cottage in field 224254 and is used as stables. There is no further information in this respect nor any evidence or submission from the owners of these properties to indicate their opposition to the application. Indeed, there are no objections from the owners of Squeen Lodge nor Cronk Breck Cottage to the application either. This further submission from the owners of Mwyllin Squeen also questions to the accuracy about the definition of land ownership and the incorporation of unfinished work within the application site boundary.
• 4.7 It also expresses concern about the loss of the conifer hedge which formerly separated the developments private access drive from the access lane immediately to the north west together with limitations of the proposed access, questions about whether the access road will be adopted, the further amendment of the alignment of the estate road and how this compares with what was permitted and how this prejudices the lawful use of adjacent land.

The decision

• 4.8 The application was permitted under delegated powers with notice given on 29.10.24.
• 4.9 This decision afforded the right to appeal to the representatives of Mwylllin Squeen.

The appeal

• 4.10 The owners of Mwyllin Squeen through their agent, requested an appeal against the decision, citing the following as the reasons therefore:

Sarah Corlett Town Planning Consultancy Ltd 14 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• •approval of the whole application site (as amended), without further definition or clarification conveys implied approval for incomplete or substandard works
• •The PEAR does not extend across the whole of the application site and the development therefore would result in biodiversity net loss
• •Woodland would not be afforded suitable protection during the construction phase nor post occupation which would put topographical features of wildlife at risk
• •The proposed massing would exceed reasonable proportions and would not be commensurate with other dwellings with the same development nor neighbouring bungalows and would be overbearing
• •No drainage details have been provided to show sufficient capacity or fall and
• •Relaxations of highway standards would in combination result in increased risk to highway safety for which an audit has not been submitted.

Sarah Corlett Town Planning Consultancy Ltd 15 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 5.0 Response to the appeal
• 5.1 The starting point in the determination of this application should be the land use designation and planning status through already determined applications which remain extant.
• 5.2 The site is one designated for proposed residential development on the relevant development plan (the Isle of Man Planning Scheme (Development Plan) Order 1982 with the most recent iteration of the emerging Area Plan for the North and West confirming the site as within an area of existing predominantly residential use). The site lies within an identified settlement (village) to which development should be directed (Strategic Policies 1, 2 and 10, Spatial Policy 5 and Transport Policy 1) and which should maintain the existing settlement character and be of an appropriate scale to meet local needs for housing and limited employment opportunities (Spatial Policy 4).
• 5.3 Furthermore, the site is one which is part of a larger area which has approval in principle and detail for the development of four dwellings, two of which have been completed and are occupied.
• 5.4 The principle therefore, of the development of a dwelling on this site, together with all that that would entail - a permanent building and presence on the site, the activity associated with it - has been accepted and it should be a reasonable assumption that a development which is commensurate with and complementary to what already has permission alongside, should be acceptable. The development should be considered acceptable if it satisfies the criteria set out in General Policy 2 with the other relevant supporting policies (Environment Policies 3, 4, 7, 10 and 13; Transport Policies 4 and 7, and the general guidance provided in the Residential Design Guide). In the assessment of specific issues, regard should also be had to the professional representations provided by those statutory consultees with responsibility for those elements within Government.

Visual impact

• 5.5 What is proposed here, we would submit is similar in design, finish and impact to what already has planning approval and whilst different to those dwellings to the north and south east, is clearly part of a modest development of houses within a single line. As such, criticism of the proposal and its use of painted render with the suggestion that this would make the property stand out unacceptably in the landscape, we would suggest is not reasonable nor is there any evidence other than the objectors’ personal opinions that the

Sarah Corlett Town Planning Consultancy Ltd 16 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

proposal will have an adverse visual impact on the landscape. We would suggest that what is proposed would not exceed reasonable proportions (reasonable being judged in respect of what already exists within this small linear development and what has approval) and would be commensurate with other dwellings with the same development, having a similar acceptable impact on the neighbouring bungalows and would not be overbearing.

• 5.6 The trees surrounding the plot are mostly outwith the applicant’s ownership and the development will not, we would submit and as shown in the submitted drawings, impact on these trees which currently and will continue to provide a visual screen of the proposed building from the area and property surrounding the site to the north and west.
• 5.7 If visible in the longer distance to the south west, and we would question that what is proposed would be visible or prominent in the wider landscape, we would say that the proposed development will stand out no more than do the existing houses, if indeed these do stand out, and we would suggest that they do not, and will the approved dwelling to the east and the proposed dwelling will be seen as part of an existing built up area with existing buildings, their walls and roofs, visible alongside.
• 5.8 It is our position that what is proposed will continue the design and finish already established by the existing and approved development within this modest group of buildings with no adverse impact on the landscape or street scene. Indeed, there has been no objection by any other local resident nor the local authority to this effect.

Highway safety

• 5.9 It is highly relevant that there is no objection to the application from the statutory highway authority nor it is understood, any concern by them on the standard of work undertaken to date. Whether or not the road is adopted is not a reason for a planning application to fail. Whilst the application seeks a further modification to the alignment of the access road, there is nothing in law nor procedure which prevents an applicant seeking a modification or amendment to an approved scheme and in this case, what is proposed and what has been proposed previously have moved the access road further towards the proposed dwellings, not further towards any other existing property, whilst retaining sufficient access for all relevant vehicles in accordance with the requirements of the highway authority, so hardly disadvantages any other existing resident. Should this arrangement have been submitted with the original scheme, we would submit that it would have been considered acceptable in highway safety terms, as indeed it does now, so any suggestion

Sarah Corlett Town Planning Consultancy Ltd 17 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

that the applicant has gained anything they would not have originally obtained, through “stealth”, we would submit is an inappropriate and inaccurate observation and ultimately irrelevant in the determination of this application.

• 5.10 The appellant themself identifies the opportunity for any unauthorised development to be regularised through this application if the appropriate red and blue lines are applied, which is what has been undertaken here. It is not the role of a decision maker to be influenced by the fact that an application may be retrospective: the applicant should be neither disadvantaged nor should benefit from the fact that development might already have been undertaken.
• 5.11 We are not aware of any reason why the application should be considered objectionable in terms of highway safety nor why any further highway related information should be required.

Impact on neighbours

• 5.12 The impact of any development on existing neighbours is a material consideration and a very important one. Indeed, previous applications for development of the first three plots were refused for the perceived adverse impact they would have on residents in Faaie Craine, which are single storey properties. Indeed, those applications generated objections from the owners of some of these properties. In this case there are no objections to the development from anyone other than the owner of Mwyllin Squeen.
• 5.13 The southern elevation of the proposed dwelling has two storeys with the first floor containing two relatively small windows: these serve a bedroom - one of two windows serving this room - and a bathroom. The boundary between the southern elevation and the rear and side elevations of 10 and 12, Faaie Craine respectively, is formed by a dense hedge which is understood to be the property of these adjacent dwellings. The height of this hedge is currently approximately the height of the top of the ground floor windows of these bungalows. The southern elevation of the proposed dwelling is 13m at closest (the single storey sun room) to the rear of number 10 and 23m from the side of number 12. Whilst the distance to the closest part of number 10 is less than the recommended 20m as advocated in the Residential Design Guide, we would submit that the angle of any view towards these windows together with the height of the existing hedge and including the proximity of this property to its rear boundary will not result in any unacceptable impact on the privacy or outlook of this or any neighbouring property.

Sarah Corlett Town Planning Consultancy Ltd 18 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

Photograph of 10 and 12, Faaie Craine from the development site

• 5.14 The proposed dwelling will be a significant distance from the closest part of the Mwyllin Squeen building group with intervening conifer hedge and woodland on the western side of the watercourse preventing any intervisibility. Three of the windows on the first floor of the proposed dwelling on its western elevation with a small balcony, serve two bedrooms with a bathroom and a dressing room window also within this elevation. These windows are 36m from the closest building at the Mwyllin Squeen group, noting that the nearest part of the principal dwelling on Mwyllin Squeen being some 55m away from the nearest part of the proposed development.
• 5.15 Given the distance between the existing and proposed properties, the orientation of Mwyllin Squeen and the intervening woodland, we would submit that there will be no adverse impact on the living conditions of those in this property as a result of the proposed development.

Drainage

• 5.16 The adequacy of the drainage of this site of its surface water and foul water was, we would submit dealt with in previous applications which established the acceptability of the development of this land for residential use, including specifically the erection of a dwelling

Sarah Corlett Town Planning Consultancy Ltd 19 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

on this plot. The first two plots are occupied and have been for some time with no apparent issue in terms of drainage and the connection for plots 3 and 4 are in situ and ready for use. If it is necessary to employ a pumped system to enable plot 4 to connect successfully to the existing system then this could be used and is not considered to be an issue for this planning application or determination thereof.

Ecological impact

• 5.17 It is alleged that the PEAR is deficient as it does not include all of the site. We would submit that the ecological assessment, which has been deemed as acceptable by the statutory authority for such matters, considers all relevant aspects of the application. The approved layout for access in 2015 removed the hedge between the private estate road and the private lane so what is now proposed has no greater impact than what already has planning approval in this respect and we would submit that this is not a relevant consideration for this current application or appeal.
• 5.18 It is our case that given that the site is designated as Proposed Residential, it has the benefit of planning approval in principle for the development of a residential plot with three approved or existing residential properties alongside, and that there is no objection to the proposal from the statutory Government authority for ecology, that there is no reason in ecological terms, for the application to be refused for that reason. Things have moved on since approval was first granted here and indeed the proposed house and ecological mitigation included in this application has similarly moved with the times. Whilst biodiversity net gain is not yet a legal requirement, it is our position that the proposal will not result in biodiversity net loss and that the various features identified in the PEAR will contribute to enhance biodiversity on this plot and more than compensate for the loss of any ecological habitat, bearing in mind that whatever the form or size of the house, the site clearance, introduction of foundations and driveways will have an impact of comparable magnitude to what is now proposed in terms of existing features.
• 5.19 We would reiterate that no tree will be removed as part of this development and it is important to note that the trees immediately surrounding the site are not what we would consider as woodland but are simply a row of rather unnatural conifers planted around a development plot with the more natural woodland mostly on the other side of the water course, in the ownership and control of others - possibly the objectors and the proposed development certainly has no impact on that.

Sarah Corlett Town Planning Consultancy Ltd 20 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 6.0 Conclusion
• 6.1 This is an approved plot within a residential development in an identified settlement where further development is acceptable and indeed to where new development should be directed rather than built in undesignated countryside.
• 6.2 There are no objections to the application from any statutory consultee, the location authority or any of the people whose property is immediately adjacent to the site.
• 6.3 Whilst there is one local objection to the application, we have addressed all of the issues which they have raised during the course of the application process thus far and we believe that there are no material grounds for the application to be refused.
• 6.4 The approval of this application will enable this modest development of interesting houses to be completed, to the benefit of the surrounding area and we would request that the appeal is dismissed and the approval of the application is confirmed.

Sarah Corlett 17.12.24

Sarah Corlett Town Planning Consultancy Ltd 21 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C