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The plot itself falls from the North to the South and has an overall change in level of some 14.5 metres.
Through the centre of the plot is a gorse hedge and there are overhead electric cables fed from a pole with a stay to the North. The MEA have been consulted and are able to divert the cables and bury the services.
Looking North
The boundary to the North is heavily wooded, to the East is heavily wooded with a significant number of larch trees, whilst to the West the boundary is at a lower level and also has a significant number of larch trees.
Looking towards Ambleside from the front door of proposed dwelling
Looking from proposed dwelling to Grianane in Summer {{image:17129}} Looking from proposed dwelling to Grianane in Winter At a lower level, adjacent to the access lane are two single storey buildings, set away some 60 metres.
The boundary to the South is to be defined as part of the development. The aspect to the South is open with clear views out to North Barrule and the heavily wooded Glen Auldyn.
The access is achieved with no further trees to be removed. The rotten tree on the left of the access road is now regrowing and will be left to mature to screen the proposed new dwelling, together with the proposed tree planting scheme. We note how well the
Laurel hedge at the rear of 'Ambleside' is growing, which the owner of 'Ambleside' has planted. This very much keeps their privacy.
The general topography of the site has been utilised in the design of the property with the building cut into the site at the Eastern side.
The proposed dwelling is not two storey, it is single storey on the West facing the road and has rooms in the roof on the East side facing the woodland.
We have an extensive new tree planting proposal and have provided a tree survey of the existing trees, see Appendix 6.
Consideration has also been given to the Strategic Plan which sets out criteria for such development. In particular:-
Development which 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 sighting, layout, scale form, design and landscaping of buildings and the spaces around them, (c)- Does not affect diversely the character of the surrounding landscape or townscape, (d)- Does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including watercourses, (e)- Does not affect adversely public views of the sea, (f)- Incorporates where possible existing topography and landscape features, particularly trees and sod banks, (g)- Does not affect adversely the amenity of the local residents or the character of the locality, (h)- Provides satisfactory amenity as standard 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, (l)- Is not on contaminated land or subject to unreasonable risk of erosion or flooding, (m)- Takes account of community and personal safety and security in the design of the buildings and the spaces around them, and (n) Is designed having due regard to best practice in reducing energy consumption.
See also relevant policy to the land use annotation, below
This Circular is issued by the Department of Local Government and the Environment in pursuance of the powers vested in it by Section 5 of the Town and Country Planning Act 1934 and Article 11 (2)(a)(vi) of the Isle of Man Planning Scheme (Development Plan) Order 1982.
In the case of (a),
Where residential development could take place without any tree-felling and without any diminution of the public amenity value of the landscape, development in accordance with the criteria set out in (4) below may be permitted.
In the case of (b),
the erection of further dwellings will only be permitted in exceptional circumstances.
(a) buildings must be substantial, and designed and finished to the highest quality; and
(b) each dwelling must be sited, in at least 1 acre (0.4 ha) of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees.
Any specific policies included in the relevant Local Plan must also be observed.
Satisfactory provision of services and access will of course also be required.
The Commissioners have accepted that the land contained is within an area zoned as Low Density Housing in Parkland. Also planning has been approved for two large dwellings, one in field no.133088 and field no.132425 ref 07/00068/B and these have been commenced. These dwellings are in addition to the number of new dwellings constructed along Glen Auldyn Road on infill plots, gardens etc. over the years.
At paragraph 4 “a” of Planning Circular 8/89 Low Density Housing in Parkland, it states that “buildings must be substantial, and designed and finished to the highest
quality;" and at paragraph 4"b" states "each dwelling must be sited, in at least 1 acre (0.4ha) of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees." The paragraph goes on to say that any specific policies included in the relevant Local Plan must also be observed and satisfactory provision of services and access will of course be required.
When this area of land was included within the 1982 Development Plan for residential development, the Department must have considered the land to meet all the criteria required of Planning Circular 8/89, otherwise, the boundary line for the extent of development, which is notional and not related to definite size boundaries, may have been re-aligned in order to include only land which fulfilled the requirements of the Low Density Housing in Parkland Planning Circular. There would seem little point in zoning land for residential purposes if it could not successfully be developed.
The site area is 3.11 acres.
The application is for detailed approval for a single dwelling on the appeal site. The application is complete and sufficient detail is provided to allow a full assessment by the Planning Department within their powers. Is is considered that the decision of the committee is the correct one and that appeal should fail.
The applicant is aware of the constraints of the site and emphasises that the proposals respect the orientations of neighbouring properties. The spaces around the house are paramount to the success of the development and there will be a significant landscaping plan, as per the application.
The development site is within an area identified as Low Density Housing in Parkland and therefore meets all criteria in land use terms.
The applicant submits that the highway constraints have been approved by the Department of Transport.
The importance of the Strategic Plan which was adopted in 2007 cannot be under-emphasised and in particular the general policy referred to above.
It is important to note that the applicant is providing extensive landscape proposals with the inclusion of specimen trees to the plot.
The fact that the proposed dwelling would be set on an elevated site is certainly not unique in the Isle of Man, it may be more unusual in Glen Auldyn as most of the existing residential development is on the flat between Glen Auldyn River and the hillside to the East forming a central valley. Our piece of land is contained within an area zoned for residential development and we have to take account of the existing contours of the site, whether it be on the flat or on a hillside, and the design of the dwelling, should approval be granted, will not only comply with the criteria of the relevant Planning Circular, but sit comfortably with existing residential development and not look out-of-keeping nor crest an un-neighbourly development.
By having such a large site upon which to sit a dwelling, this fact alone will ensure that any new dwelling will not encroach upon its' neighbours. We note that
'Ambleside' is the closest property to the Appeal site being some 60 metres away at the nearest point to our boundary. 'Grianane' the property on the adjacent side of the road is some 57 metres from the Appeal site. 'White Coppice' is the next nearest neighbour some 120 metres away to the closest boundary wall point. The rear of 'White Coppice' faces towards the Appeal site and there are stone boundary walls, hedges and trees between 'White Coppice' and the Appeal site which provide a natural barrier, thus maintaining privacy.
By having an elevated site, the outlooks will not be impeded by all dwellings being set on the same level. Any new dwelling on field no.4400 would have plenty of natural light, decent outlooks and would not be in close proximity to any other dwellings in the vicinity. There is a substantial tree belt behind field no. 4400 on the hillside which should ensure that any new dwelling is not visible from the Glen Auldyn Road, and trees on the upper part of Glen Auldyn Road in the cul-de-sac which will also shield any new development from passers-by. If the Dwelling is approved on the site it would be some 260 metres from the main Glen Auldyn Road and 200 metres from the cul-de-sac section of the Glen Auldyn Road. Within the proposal, a new boundary sod bank, together with Laurel hedging would be formed on an East West line across the top part of field no.4400 and the applicant as per the plan will carry out a tree planting scheme. The Laurel hedging to the boundary of 'Ambleside' is growing profusely under the canopy of the trees and this shows that the proposed new sod bank with Laurel hedging will also grow profusely.
Regarding the fact that the proposed dwelling shows seven bedrooms, the applicant proposed living on the ground floor. The applicant has extended family that live off-Island who visit about once a year and the rooms in the roof would be used for occasional visits of family and friends, leisure purposes and as a further study. Car parking would be accommodated in the areas provided and we do not consider there would be a need for further garaging.
The applicant confirms that they are in agreement with the content of the Planning Officers report and the suggested Planning Approval conditions.
The applicant has taken full note of the concerns of the Inspector regarding application 09/94B and have reduced the West side to single storey and lowered the proposed dwelling by 1 metre. Also note from the attached comparison that we have drastically reduced the windows and appearance on the West side, see Appendix 7.
We would ask the Appeal Inspector to consider the preceding comments in support of the proposal and, in view of the developments carried out to date in the neighbourhood coupled with the fact that the land is zoned for residential use, approve our application to site the proposed dwelling on this land.
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